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Missing the Forest for the Trees: Mathare’s Environmental Apartheid

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MISSING THE FOREST FOR THE TREES: Mathare’s environmental apartheid
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On 12th May 2018, President Uhuru Kenyatta launched the National Tree Planting Day under the slogan “Panda Miti, Penda Kenya”. It was another of those Jubilee-ese slogans that ring hollow. The event took place in Kamkunji sub-county at the Moi Forces Academy in the Eastlands part of Nairobi. This was the government’s knee-jerk response to the heavy long rains season that sparked an environmental crisis around the country. There were 32 counties affected and over 300,000 Kenyans were displaced. In his official speech, the President repeated the familiar pledge to achieve at least ten per cent forest cover, as required by the constitution, and to mitigate the effects of climate change.

The news reporting of the event focused on the power politics between Nairobi governor Mike Sonko Mbuvi and Environmental Cabinet Secretary Keriako Tobiko. Two weeks after the launch, news reports were awash with the latest financial scandal. Sh2 billion allocated to establish the green school project in all 47 counties under the auspices of the Kenya Forest Service (KFS) had been embezzled. A task force chaired by Marion Wakanyi Kamau of the Green Belt Movement released a report that revealed that Kenya’s forest depletion occurred at an alarming rate of about 5,000 hectares annually and which implicated KFS personnel. Kenyans, numbed by the numerous other cases of grand theft in the Jubilee government, hardly reacted.

Kenya, the birthplace of the Green Belt Movement and its illustrious founder, Nobel laureate Wangari Maathai, remains stuck in the optics of environmental activism. Reforestation is an activity that the media reduces to a “tree planting exercise” and has evolved into an elite pastime where prominent personalities pose for photo opportunities in formal dress next to freshly planted trees. Public forests have been privatised and primed for plunder by those tasked to protect them while corporates, NGOs and politicians plant thousands of trees in cosmetic public relations and corporate social responsibility activities without evoking any of the ecological consciousness that Wangari Maathai dedicated her life to raising. Of the several Wangari Maathai quotes I regurgitate, this particular one sticks:

“Anyone can dig a hole and plant a tree. But make sure it survives. You have to nurture it, you have to water it, you have to keep at it until it becomes rooted so that it can take of itself. There are so many enemies of trees.”

Planting trees is easy. Taking care of them requires a different level of commitment. This was Wangari’s enduring message and the one lesson my country fails to learn. This much I know because I have been involved in an urban afforestation project with Mathare Green Movement (MGM), a campaign of the Mathare Social Justice Centre ( MSJC).

Public forests have been privatised and primed for plunder by those tasked to protect them while corporates, NGOs and politicians plant thousands of trees in cosmetic public relations and corporate social responsibility activities without evoking any of the ecological consciousness that Wangari Maathai dedicated her life to raising.

The two Nairobis

In August 2017, a group of concerned Kenyans from Mathare got together and decided that they were going to plant trees in memory of all their colleagues who fell to police bullets. Over months, the activity evolved into a concerted effort at ecological and social justice using the tree as a symbol of regeneration and resistance to structural oppression.

Planting trees in Mathare is a process and not an event because the soils of this informal settlement have lost their capacity to sustain trees. Mathare Valley is an infamous slum, a crucible of suffering where white tourists arrive in droves to marvel at the resilience of its residents and to photograph the miracle of optimism. The shanty structures, a canopy of rusty brown mabati roofs separated by narrow alleys dropping down precarious rocky slopes, is home to multitudes. Broken souls exist alongside delightful children. Complete despondence rides alongside cheerfulness and the kaleidoscope of intense human interaction has made Mathare a location of extremes with no middle ground to stand on.

The physical environment is devoid of life-sustaining features. The further east you go in Nairobi, the poorer the neighbourhoods become. The absence of basic amenities and greenery and the human congestion and neglect evoke caricatures of a dystopian city. Martin Oduor, a member of MGM, tried to conduct a tree census and came to the disturbing estimate of about one tree for every 1,200 residents.

The Mathare river is turbid, dark grey and sickly – an open sewer that occasionally turns rogue on its residents, sweeping all in its path. The extent of the long-term socio-environmental damage has created the existing spectacle of human suffering that draws in “saviours and observers” from around the world fascinated by the resilience of the residents. Children, accustomed to the white benevolent visitor on a poverty safari, switch character to become entitled beggars peddling the currency of hopelessness.

Mathare is a perfect illustration of Nairobi’s environmental segregation. The informal settlement is surrounded on both sides by a leafy green belt. To get a sense of what I prefer to call environmental apartheid, one only has to shift one’s gaze to the thick wall of green that is the Muthaiga suburb to the west of Mathare.

The wealthy districts of Nairobi abut its poorer districts from where they draw much of their domestic labour: Muthaiga has Mathare, Karen has Kibera, Loresho has Kangemi, Lavington has Kawangware. A similar pattern is observed in the city’s greenery. From an aerial point of view, the classes are separated by a green belt. All of Nairobi’s best-kept public green spaces – Karura Forest, Nairobi Arboretum, City Park – are in the affluent parts of the city and maintain restricted access. The neighbourhoods to the east of the city centre have minimal public spaces and, where available, we find dusty fields with no green cover.

Mathare is a perfect illustration of Nairobi’s environmental segregation. The informal settlement is surrounded on both sides by a leafy green belt.

The reality of trees as the markers of aristocratic privilege in Nairobi’s urban spaces is rooted in the colonial state. Between 1906 and 1926, Nairobi was colonised to serve the interests of the white settler population. Eighty per cent of the city’s residential land was reserved for its white elite. The two Nairobi’s were divided into residential areas for Europeans and Asians, and peripheral housing for African labour as an afterthought. One white half of Nairobi was serviced and the other black half was neglected. The colonial zoning policy created a pattern of racial and class segregation and social stratification that persist to this day.

The 1948 Master Plan for a Colonial Capital and the 1973 Metropolitan Growth Strategy employed segregation principles to maintain racial and class divisions. After independence in 1963, the white neighbourhoods of Karen, Lavington and Muthaiga became accessible to the emerging moneyed African and Asian upper classes who, rather than reverse the social apartheid, opted for the retention of colonial governance structures.

To cater for the unserviced poor masses, an informal modernism emerged in Nairobi, created with the sole intent of exploiting vulnerable city residents. Rural-to-urban migration brought a large influx of people to the city in search of a better life who found themselves trapped in “slums” and denied social mobility by the rigid class structures. The lack of formal housing gave rise to informal settlements operating outside the legal framework and, therefore, subjected to gross violations of rights and a culture of exploitation.

Kenyan filmmaker Tosh Gitonga illustrates the desperation of rural-to-urban migrants and the plight that awaits “shags-modos” in the brutal class-restricted spaces of Nairobi in the captivating film, Nairobi Half Life. Today the primitive accumulation and land expropriation of the post-colonial state has led to 70 per cent of Nairobi’s population of 4 million living on 5 per cent of the city’s land area. Mathare’s 500,000 residents fight for dignity in an area that is barely 3 square kilometres.

Anti-human environmentalism

In his forthcoming book, Paracitations: Genre, Foreign Bodies, and the Ethics of Co-habitatation, Kenyan scholar Samson Opondo describes the economic security and greenness (which had previously been a manifestation of whiteness) becoming inscribed on a class-based identity complete with a rhetoric of “threat”. When we see trees from the purely conservation ideology of the state, we fail to problematise the socio-economic and historical contexts within which possession and disposssesion and threats emerge.

The environmental culture in Kenya is essentially anti-human. The native continues to be a threat to green spaces and must be forcibly relocated to the reserves and this access to greenery must be monitored. Public forests are protected by armies with guns and access is restricted by high fees. Opondo futher notes in his 2008 paper, “Genre and the African City: The Politics and Poetics of Urban Rhythms, that Nairobi’s hides (in the open) an ugly history of racial segregation based on the South African model of Ebenezer Howard’s Garden City concept where greening of the city corresponded with creation of structures of racial exclusion.

The environmental culture in Kenya is essentially anti-human. The native continues to be a threat to green spaces and must be forcibly relocated to the reserves and this access to greenery must be monitored.

In both South Africa and Kenya, the impoverished masses cluster in shanty towns where environmental rights only come to bear during hostile weather crisis management. Gacheke Gachihi of Mathare Social Justice Centre says, “ Our suffering is invisible.” In Kenya’s election cycle, the slum areas are hotspots that are heavily policed and a ready tinder box of ethnic rivalry, police brutality and gang violence. After every election cycle, we witness the cessation of hostilities, the withdrawal of corporate media from the spectacle of mass violence of poor against poor, state crackdown on protesting poor masses, and lockdowns.

Elections spell death, destruction and despair for the residents of Mathare. In the lead-up to August 2017 bungled elections, Mathare was marked as a “hotspot” that was heavily policed by rogue units who relish brutalising residents under siege. When it all simmers down, the politicians invariably end up negotiating new pacts, leaving residents to fall back on resilence. As soon as they turn their backs, the slow violence resumes, felt only by those within who are invisible to those on the outside – a violence that is exaceberated by an environment that is metaphorically lined with unexploded landmines. The environmentally dispossessed only make the news in the midst of great tragedy and calamities.

Hunting grounds

In the book, Slow Violence and the Environmentalism of the Poor, author Rob Nixon shed lights on the inattention to calamities “that are slow and long lasting, continuously dispensing devastation but without the necessary spectacle required to raise public outrage or sustain the fleeting attention (that) spans breaking news corporate media spectacles.”

Therefore, it is no surprise that the Kenyan public remains unaware of the humanitarian crisis in the form of extrajudicial killings in Nairobi’s slums. The MSJC brought this to light in 2017 after the launch of “Who is Next: A Participatory Action Report Against the Normalisation of Extrajudicial Executions in Mathare”. Between 2013 and 2015, over 803 cases were documented.

The report was the first major concerted effort by a grassroots movement to raise awareness about the reality of extrajudicial executions. Despite the moderate buzz created in human rights spaces, the killings have not stopped. The policing culture persists. In the month of May 2018, for instance, Wilfred Olal of the Dandora Justice Center reported that 15 young men had been gunned down. Justice for the victims is a long shot. Wangui Kimaru, a researcher at MSJC, told me that there have been only 4 convictions despite 9,000 cases being forwarded to the Independent Policing Oversight Authority (IPOA).

Human rights defender Kennedy Chindi says that there are between 10 to 15 cases of young men reported missing or killed by police every month in Nairobi’s informal settlements. Cases of police threats and intimidation deter the aggrieved from coming forward with information. “Everyone knows the killers but no one even dares call them by their names,” says Wyban Mwangi, a young musician. Instead, they use a codename, “Mjamaa”, for even in a valley of hundreds of thousands, the walls have ears. The names Hessy of Kayole and Rashid are whispered and the youth live in dread of who is next?

The Bill of Rights in the Kenyan constitution guarantees every person the right to life. Howeve,r in an unequal society, the rights of the poor come with no guarantees. The normalisation of the extrajudicial killings is an existential generational crisis. Amnesty International, Haki Africa and emerging grassroots organisations in Mathare, Dandora and Kayole have harrowing documentation of enforced dissapearances and deaths that are often atrributed to the police.

Encounter killings have turned urban ghettos into legalised hunting grounds, no different from the death match in the dystopian Hunger Games trilogy by American novelist Suzanne Collins. Or perhaps District 9, a South African sci-fi feature by Neill Blomkamp that astutely explores social segregation in a scathing satirical analysis of urban populations treated with the level of vile contempt reserved for pests. In Kenya, Tosh Gitonga’s Nairobi Half Life dramatises this unofficial routine killing of young males in a complex narrative of the cyclical violence of toxic masculinity where the line between the criminal and the police is blurrry.

Researcher Naomi Van Stapele, in her book Respectable “Illegality”: Gangs, Masculinities and Belonging in a Nairobi Ghetto, explained that the killings in Mathare continue without raising any public outrage because the dead are labelled as criminals or thugs, which justifies the executions. “Let the police do their work”, is the divorced public response. No one advocates for the killing of perpetrators of grand theft, but the children of the poor, the petty criminals (vermin) must be eliminated on the strength of suspicion. In the words of Trevor Noah, they are “born a crime”. In middle class circles, a conversation with a journalist friend turned into a sermon heavy on class snobbery. “Kenya’s ghetto mentality is what is holding those people in slums back.” Then he cherry-picked the example of musician Juliani as the mascot of possibility.

No one advocates for the killing of perpetrators of grand theft, but the children of the poor, the petty criminals (vermin) must be eliminated on the strength of suspicion. In the words of Trevor Noah, they are “born a crime”.

Local media has made a profession of reporting poverty through derogatory frames. Therefore, the numerous reports, occasional protests against police harassment and demonstrations do not draw media attention or public solidarity beyond the spectacle of tragedy.

Structural violence

These examples show that the slum ecology harbours systemic and structural violence that is silent. Johan Galtung, the celebrated Norwegian mathematician and sociologist, coined the term “structural violence”, which may be described as a form of violence wherein some social structure or social institution may harm people by preventing them from meeting their basic needs.

Like soil erosion, the effects of structural violence are not immediately obvious. Because its consequences only become evident in the distant future, there is little incentive for long-term solutions. Zangi, a resident of Mathare notes that it does not matter who comes to power; the problem is the system and the police culture. The problem is also the enabling physical environment that legitimises extrajudicial killings.

The Kenyan version of “electoral democracy” thrives in violent geographies. The problems of social justice are too many, too complex and not sexy enough for short-term political strategists who live for the optics in between elections to sustain popularity. Remedial environmental policy takes years. The benefits cannot be accrued in one political cycle and are certainly not bankable in the transactional nature of Kenyan politics. Article 42 of the constitution confers the right to a clean and healthy environment but is yet to interrogate systemic issues. The issues of the environment may be important but they not urgent.

The Kenyan version of “electoral democracy” thrives in violent geographies.

Therefore, to muster the political will needed to implement real change is difficult in a country where leaders cannot think beyond the next election. There are no immediate political rewards for planning to avert a human catastrophe. In nature terms, no one wants to plant a tree under whose shade they won’t sit or whose fruit they won’t eat. Long-term benefits may accrue for others and that is just not smart business in this instant gratification culture where exploitation and extractation is a privatised enterprise.

It is this context that we have to broaden the idea of what violence is. Personal violence is a consequence of structural violence. Lack of basic resources leads to competition that degenerates into violence in the quest for dominance. Gangs in urban ghettos organise around resources that leverage power and influence. Public toilets, garbage collection, water points, electricity connection and security are centres of frequent conflict. Kenyans awake to the economic and political realities of the 80s and 90s can track back how the slow violence of neoliberal policies began as a benign condition known as Structural Adjustment Program.

Beyond counting and documenting the victims of slow daily violence, the Mathare Green Movement is conscripting nature’s healing powers to challenge and alleviate the long-term effects of and sustain attention towards social injustice causes. Those grassroots environmental activists that Wangari Maathai called “foresters without degrees are at the forefront of plotting new futures, imagining new worlds and planting ideas of hope. Wangari Maathai underscored the need to keep environmentalism connected to global questions of human rights and social justice.

In a letter smuggled from a Nigerian jail, the writer-activist Ken Saro-Wiwa wrote: “The environment is man’s first right. That notion seems to have been forgotten in urban ecologies and serves as a focal point in articulating the experiences of oppressed people who are rendered invisible in the national economy and silenced when they demand to be heard.

Seeds of peace

Wangari Maathai’s Green Belt Movement brought a new discourse to the public consciousness, linking the slow violence of environmental degradation to its consequences, while at the same time proposing a public participatory methodology to advance environmental recovery. The Mathare Green Movement’s focus is young men facing the threat of extrajudicial executions who plant trees to reclaim lost life and dignify in the memory of peers labeled as criminal and forgotten after death.

The lesson of the Green Belt Movement is that poverty does not operate in a vacuum. Prof. Maathai’s brilliance was making clear the link between the collapse of the environmental economy and its support systems, on the one hand, and its revival as a strategy for eradicating poverty, on the other. She correctly diagnosed that corrupt exploitation of resources impacted vulnerable masses directly and insisted that environmentalism of the poor is inseprable from redistributive justice

Like the Green Belt Movement, the theatre of the tree gives the Mathare Green Movement a new vocabulary that is loaded with civic duty. Prof. Maathai called it “doing my little thing”. It is fitting that the new millennial generation of her disciples would emerge from Kenya’s marginalised urban spaces. Planting, not merely trees, but the seeds of life, healing, ideas, courage, hope and solidarity.

Prof. Maathai’s brilliance was making clear the link between the collapse of the environmental economy and its support systems, on the one hand, and its revival as a strategy for eradicating poverty, on the other.

The greening campaigns create the connection between environmental injustice and the erosion of social justice; the link between a healthy environment and quality of life. A tree has a right to grow to maturity, to fruit and bloom as every young life does in Mathare.

Planting trees in this spirit is more than a public relations exercise; it is work towards changing spaces so that they are less vulnerable to the elements and the forces that exploit the sense of deprivation. Importantly, it is the deliberate and conscious action of engaging in intergenerational optimism and responsibility, and accepting that we may never sit under the shade of the trees we plant.

Just as violence in Nairobi’s urban ghettos is continous and slow, so does healing through tree planting have to be a continous process. Urban reforestation that is people-centred is the primary symbolic vehicle for demanding ecological and social justice. The slow and deliberate effort of rehabilitating green spaces forces one to examine the systemic challenges that sustain these conditions. These young men choose to be eco-warriors, creating an enabling environment, restoring dignity and demanding the right to life from a state that minimises their existence. Wangari Maathai called it planting “seeds of peace” to stop the poverty profiling that disproportionately targets the poor. The existing structures of slow violence is why politicians consistently exploit the tensions in Nairobi’s slums during election cycles, easily igniting violence because below the surface, old antagonisms linger unresolved.

The Chipko movement, which originated in the Himalayan region of Uttar Pradesh in India in the 1970s, gained notoreity as a non-violent social and ecological movement whose members protected trees by hugging them to discourage loggers.

They are no trees to hug in Mathare. However, following in the footsteps of Wangari Maathai, the young people of Mathare will one day pass down trees of peace that stand for their right to security and protection from a state that terrorises its own citizens.

The lasting solution to ending direct and indirect violence against young lives is by adddressing the conditions that perpetuate the cycle of violence. Planting trees we must, but we can no longer fail to see the forest.

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Oyunga Pala is Kenyan writer and curator who lives in Amsterdam.

Politics

The Myth That Is Plastic Waste Recycling in Kenya

The quantities of recycled plastic in Kenya remain insignificant, but the long-term ecological cost of disposing plastic waste in the environment will be immeasurable.

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The Myth That Is Plastic Waste Recycling in Kenya
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One aspect of modern Kenyan urban living that takes getting used to are the regular, well-timed garbage collection days. Miss your day and you will have to keep the trash a week longer awaiting the next collection date when the beaten-up lorries full of garbage labour through city estates in mid-morning collecting the waste produced by city dwellers.

Should you find yourself in the central business district at around midnight, you may run into these rickety trucks collecting food waste from city restaurants, discarded cartons from offices, and empty drink cans from the city’s clubs that they ferry to the few landfills scattered around the city.

The barely roadworthy trucks are part of the more than 205 lorries working at the city’s many collection points in a hectic bid to keep Nairobi County hygienic. So profitable is the waste collection business that private contractors and cartels have infiltrated the trade.

In Nairobi alone, the county’s garbage collection service is complemented by nearly 150 private sector waste operators who also serve this city of over 4 million residents. Private investments have done a lot but not nearly enough to address the garbage crisis that plagues Kenya’s towns and cities.

Kenya’s urban households produce the bulk of the country’s solid waste, including a major share of the estimated 24 million plastic bags that are used and discarded every month. A significant portion of the plastic waste ends up in dumpsites alongside scrap metal, paper materials, glassware, and medical and toxic waste. Plastic waste constitutes a significant portion of this trash, and poses the biggest challenge to solid waste management in Kenya.

According to the International Union for Conservation of Nature (IUCN), 73 per cent of all plastic waste generated in Kenya goes uncollected. The National Environment Management Authority (NEMA) reports that between 2 and 8 per cent of the plastic waste is recycled while the rest is disposed of at dumpsites such as Dandora and Ruai in Nairobi, Kachok in Kisumu, and Kibarani at the coast. In Mombasa alone, some 3.7 kilogrammes of per capita plastic waste end up in the ocean, contributing to the 1,300 billion pieces of plastic that find their way into the Indian Ocean every year. Experts estimate that there will be more plastic than fish species in all the oceans globally by 2025.

Kenya banned plastic carrier bags in 2017, at the same time that the United Nations Environment Programme was launching the Clean Seas campaign to reduce marine litter. From June 2020, visitors entering game reserves, forests, beaches, protected areas and conservancies are no longer allowed to carry plastic water bottles, cups, cutlery, plates, drinking straws, and packaging within the protected areas.

On the production end, there are industry-led plastics initiatives such as the Kenya Plastic Action Plan and the creation of the Kenya Extended Producer Responsibility Organization (KEPRO), whose mandate is to ensure that plastics are mapped, ferried, sorted, and where possible, put back into circulation. Given the low garbage collection rates, and the even lower sorting rates, recycling has been misleadingly touted as the key to managing plastic waste.

For context, the cumulative global plastic waste produced since 1950 is estimated at 8.3 billion tonnes — half of which was produced in the last 13 years alone — at an average of 300 million tonnes annually.

In Kenya recycling doesn’t work    

Recycling has its limitations. Despite being cited as a major solution to the problem of plastic waste, a solution that has been taken up by 34 of the 54 African states,  numerous reports have proven that it costs more to recycle than to dispose of the waste. That of course begs the question: costlier for whom?

While disposing plastic is cheaper than recycling, the long-term ecological cost to Kenyans living close to landfills and downstream is provably much higher. Kenyan plastic manufacturers are in the business for profit and, for the most part, recycling does not offer them value for money.

According to Kenya’s PET plastic industry’s joint self-regulation effort, once plastic waste enters the recycling conveyer, it is assembled and packed into bales that are sold as industrial goods and sent to the dozens of recycling plants around the country to be sorted by quality, industrial variety, texture and colour. The waste is then shredded, sanitized, melted down, and moulded into smaller, smoother plastic pellets.

These pellets, known as nurdles, are bought and once again melted down and fashioned into other plastic products, ready for re-use by industries. This form of recycling is the optimal pathway for plastic waste, but it rarely is feasible. Recycling plastic waste is a lengthy and costly process that is avoided by many plastic producers.

To put it in context, less than 45 per cent of Nairobi’s overall waste is recycled, most of it undergoing what is referred to as down-cycling, open recycling, or cascaded recycling.

Cascaded recycling refers to the process of using recycled plastic waste to make an item of a lower quality than the original product. These items typically have reduced recycling potential, which destines them for the landfill after use. Models of cascaded recycling in Kenya’s informal settlements therefore turn the triangular recycling loop into a one-way direction to an incinerator or landfill.

Recycling plastic waste is a lengthy and costly process that is avoided by many plastic producers.

Global research led by plastics expert Dr Roland Geyer claims that only 9 per cent of all the plastic waste ever produced has been recycled. Kenya’s cascaded recycling rates are harder to quantify but an authoritative plastics report states that only 14 per cent of global plastic packaging waste was collected for recycling in 2013. Only 8 per cent of that amount was down-cycled, of which 4 per cent atrophied during the process while only 2 per cent was recycled into a product of equal or higher value.

Even locally, recycling plastic is a costly process and sorting it, many experts assert, is unfeasible, which means that there is no way out when dealing with plastic waste other than banning the production and use of plastics.

Kenya and the global dumping of plastic waste 

The non-feasibility of recycling plastic waste has been an open secret among plastics industry insiders since as far back as the 1970s. As early as 1973, senior executives of plastics multinationals had already ruled out plastic waste recycling on a large scale. Instead, these multinationals paid for misleading big-budget advertisements extolling the virtues of plastic products, and lying about the ease with which plastics could be recycled for other uses, while also placing the responsibility of recycling or disposing plastic waste on the end-user. However, the mounds of plastic waste that are now an eyesore in many urban areas belie the claim that recycling is the solution.

Old industry memos and library archives show that as far back as the mid-1980s Kenyan scholars like Kamau Hezron Mwangi had begun to call for a serious look into the efficacy of recycling  while, in the mid-1990s, researcher Dr J.N. Muthotho and his team demanded for greater research across specific plastic products supply chains. The growing concerns linked to plastic products, their quality, disposability and the economics of the industry paint an image of an industry that has always been well aware of the problems caused by plastic waste but has lacked the motivation to address the issue. In an increasingly consumerist society, plastic has continued to be affordable, readily available, cheap, convenient, and yet very difficult to dispose of.

Ending Kenya’s relationship with plastic

A radical behavioural shift by producers, packaging firms and end-users is required in order to rid the Kenyan environment of plastic pollution. The ban on plastic carrier bags has had an estimated 80 per cent efficacy rate. Industry insiders including manufacturers and distributors now say that the ban should be extended to disposable tableware, plastic straws, plates and cutlery.

The mounds of plastic waste that are now an eyesore in many urban areas belie the claim that recycling is the solution.

This, the stakeholders say, will reduce the amount of single-use plastic in landfills, reduce waste, minimize animal deaths, improve human safety, and save our water systems. However, a concerted effort is needed to ban single-use plastic bottles, plastic straws, and plastic packaging and replace them with organic, biodegradable plastic (BDP) alternatives.

Most BDP products in the Kenyan market are made of thermoplastic starch that uses a polyester similar in material strength to plastic. Currently there is only one manufacturer in the country. However, researchers are coming closer to finding organic alternatives to plastics.

Reimagining a post-plastic country

In Kenya, the stakeholders have to begin to reimagine new models of ridding the country of plastic waste in the everyday life and habits of Kenyan citizens. Nairobi and its environs alone is estimated to produce between 2,400 and 3,000 tonnes of general waste every single day, an estimated 20 per cent of which is plastic waste.

“People don’t want to stop using plastic. It is cheap and easy to use so I understand why people like [it]”, says Kinuthia, an unlicensed collector in Uthiru.

A consumer culture that creates an ever-increasing demand and use of plastic products ought to be overhauled, reimagined, and refashioned.

Even within economic circles, the focus on GDP as a measure of economic progress while ignoring the social, ecological and cultural impacts is increasingly frowned upon. As far back as the late 1980s, the World Bank President Barber Conable recognised that the ecological cost of economic production has to be accounted for. “Current calculations ignore the degradation of the natural-resource base and view the sales of nonrenewable resources entirely as income . . . A better way must be found.” he wrote.

Kenya’s plastic producers and importers have to begin to consider how to shift the society away from plastic products and integrate the alternatives in the marketplace. Kenyans have the opportunity to have a national conversation around local plastic producers and importers, if we are to work effectively towards phasing out all plastic products sold in the market.

With imports valued at an estimated US$883 million, Kenya’s plastics sector has a critical duty to phase out plastic products so as to, at the very least, ensure that the end-user does not have to choose between affordability, disposability, and sustainability of the packaging when making a purchasing decision.

The plastic waste crisis calls for Kenyans to design products with their life cycle and their end in mind at the outset. Therefore, designing products with their utility and disposal in mind is critical. For example, utilizing snap-together parts in appliances minimizes the use of screws, making the end product easier to disassemble, recover, and recycle at the end. This evolution in design proactively shapes the journey of a product in order to ensure that as much material as possible is recycled back into the production conveyer.

Even within economic circles, the focus on GDP as a measure of economic progress while ignoring the social, ecological and cultural impacts is increasingly frowned upon.

On 24 March 2021, Kenya’s Centre for Environment Justice and Development (CEJD) held a consultative forum with 24 grassroots Civil Society Organisations in the waste management sector with support from Break Free From Plastic. The members used the existing legislative framework that bans single-use plastic carrier bags in the country to launch the CSOs for Zero Plastics in Kenya network that integrates the input of stakeholders in the affected sectors. Still, this push by CSOs towards a wider ban seems to have created a policy tension between the National Environment Management Authority (NEMA) and multi-nationals that rely on plastic products for packaging.

In 2018, NEMA tried to extend the ban on plastic carrier bags to single-use plastic containers such as bottles made of PET. However, the companies involved in the production of PET products instead proposed a self-regulated, industry-led solution under PETCO.

Despite NEMA’s pledge in 2018 to make PETCO membership mandatory for all plastic industry players, its membership remains voluntary. This lapse has slowed the acceptance of membership by stakeholders and by industry players and minimized compliance. Kenya currently has eight PET converters, but only one of them is a PETCO member. Moreover, an estimated 900 bottling plants use PET containers but only eight (1 per cent) are members of PETCO.

The future of a post-plastic Kenya requires consolidation of existing industry efforts, ramping up scientific research on alternatives, a shift in consumer behaviour and robust incremental policies in enforcing the bans and restrictions. Only then can Kenya secure its ecology, manage the diverse interests of the stakeholders involved and still manage its ecological health with posterity in mind.

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Politics

Microplastics: the Destruction of Marine Life and the Blue Economy

Even as Kenya’s land-based resources continue to shrink because of a rapidly growing population, microplastic pollution of Kenya’s Indian Ocean is putting in jeopardy the country’s maritime resources.

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Five scientists, Joyce Kerubo, John M. Onyari and Agnes Muthumbi from the University of Nairobi, Deborah Robertson-Andersson from the University of Kwa Zulu Natal, and Edward Ndirui Kimani from the Kenya Marine and Fisheries Research Institute (KMFRI), undertook a research study last year that returned a harsh verdict of a high presence of microplastics (MPs) in Kenya’s Indian Ocean.

MPs are plastic pellets, fragments, and fibres that enter the environment and are less than 5mm in dimension. The primary sources of MPs are vehicle tyres, synthetic textiles, paints, personal care products, and plastic products that have disintegrated into tiny particles because of environmental turbulence.

The study by the five scientists, Microplastic Polymers in Surface Waters and Sediments in the Creeks along the Kenya Coast, Western Indian Ocean (WIO), identified four polymer types in Kenya’s Indian Ocean. High-density polythene is the most abundant at 38.3 per cent, followed by polypropylene (34.6 per cent), low-density polythene (27.1 per cent), and medium density polythene (17.1 per cent). The research findings were published in the European Journal of Sustainable Development Research on 18 October 2021.

The concentration of MPs in the surface waters along the Kenyan coastline was higher compared to other parts of the world, the study warned. The findings of the study also confirmed those of previous studies on the presence of MPs in Kenya’s Indian Ocean.

The scientists also cautioned that the documented information on the specific polymeric composition of these particles in seawater and in the sediments along the Kenyan coast was insufficient. The findings, the study offered, demonstrated the extent of exposure to MPs in Kenya’s ocean ecosystems, therefore justifying policy intervention in the management and disposal of plastic waste, and the protection of the ocean’s rich biodiversity for sustainable development.

It drew testing samples from three creeks: Tudor and Port Reitz in Mombasa County and Mida in Kilifi County. Tudor Creek covers an area of approximately 20 square kilometres and is fed by two seasonal rivers—Kombeni and Tsalu—that originate around Mariakani, about 32 kilometres northwest of Mombasa. The two seasonal rivers collect runoff containing plastic and other waste from the mainland and discharge it into the creek.

Surrounding Tudor creek are several densely populated informal settlements that include Mishomoroni and Mikindani that may add MPs to the ocean. According to the study findings, the majority of the MPs were fibrous materials from textiles and ropes, probably from wastewater from washing clothes and from fishing activities.

Other key facilities that could contribute to the pollution include shipping activities at the Port of Mombasa, meat processing at Kenya Meat Commission (KMC), Coast General Hospital, Container Freight Stations (CFSs) and Kipevu Power Station. Before it was rehabilitated, Mombasa County Government dumped a lot of waste at Kibarani, near the two creeks and just next to the ocean.

Tudor Creek recorded the highest pollution, also as a result of rain runoff from Kongowea market and Muoroto slums, and Mikindani sewage effluent. Moreover, according to the study, which could, however, not determine the proportions, many industries on Mombasa Island release their effluent into the sea, increasing MPs in sediments.

Mida Creek was used as a control in the study as it does not have river inflows. In addition, the creek is in a marine reserve that forms part of the Watamu Marine National Park and Reserve. However, MPs from different polymers were found in sediment and surface water samples from all the sites—including Mida Creek which is within Watamu National Marine Reserve—which the researchers had thought to be safe from pollution by industrial effluent, sewage disposal, and fishing activities.

Many industries on Mombasa Island release their effluent into the sea, increasing MPs in sediments.

The study attributed the pollution at Mida Creek to high tourism activities, boat and dhow fishing activities, densely populated villages such as Dabaso, Ngala, and Kirepwe and the mangrove vegetation cover of tall trees that binds soil particles thus favouring the accumulation of MPs.

According to a United Nations Environment Programme (UNEP) report released in March 2019, plastic—which makes up a sizable proportion of marine pollution—can now be found in all the world’s oceans, but concentrations are thought to be highest in coastal areas and reef environments where the vast majority of this litter originates from land-based sources.

In Kenya, daily plastic consumption is estimated at 0.3 Kilograms per person. In 2018, Kenya imported between 45,000 and 57,000 metric tonnes of plastic.

Earlier in 2020, KMFRI had carried out its own study—Microplastics Pollution in Coastal Nearshore Surface Waters in Vanga, Mombasa, Malindi and Lamu, Kenya—that painted an even gloomier picture of MP pollution.

The four sampling locations represented the South coast, Mombasa and the North coast of Kenya’s coastal nearshore waters, and looked into considering fishing, recreation, and industrial activities, as well as the municipal effluent that finds its way into these target areas.

The objective of the study was to assess the abundance MPs and their composition in Kenya’s coastal near-shore waters during the two rainy seasons at the Kenyan coast: the north-east monsoon which runs between November and March, and the south-east monsoon which runs from April to October.

The results showed a widely varied distribution of MPs between the two seasons, with the overall highest concentrations occurring during the south-east monsoon when surface runoff from rainwater and from effluent from the major towns is high.

As confirmed in other research studies, the concentrations recorded by KMFRI, were quite high compared to other parts of the world. This provided baseline data for MPs, showing that population, anthropogenic activities and seasonal variations a play key role in influencing pollution by MPs.

Total MP concentrations in all the study areas during the north-east and the south-east monsoon seasons ranged between 83 MPs/m³ and 8266 MPs/m³ and between 126 MPs/m³ and 12,256 MPs/m³ respectively, with a mean of 3228 MPs/m³. The highest microplastic levels were found in Mombasa at 12,256 MPs/m³ during the south-east monsoon season, where runoff and effluent due to heavy rains are thought to be the primary source. The next highest levels were found in Malindi, occurring during the south-east monsoon season, because of inflows from River Sabaki.

Boat activities and tourism during the north-east monsoon season and runoff from the town during the south-east monsoon season mostly affected Lamu, while fishing activities, as well and runoff from the town, could be responsible for the abundance of MPs recorded in Vanga.

Solid waste management remains an enormous challenge in coastal towns, with Mombasa County facing the biggest challenge due to a burgeoning population. Although most of the solid waste generated in the county is organic—largely from households, hotels, restaurants and agricultural produce markets, the largest being Kongowea and Marikiti—plastic takes up a significant share.

In its County Sessional Paper No 01 of 2019, Mombasa County estimated daily waste production at 2,200 tons, 68 per cent of which is organic. Approximately 18 per cent of this waste is plastics, cardboard, paper and metals.

Other inorganic waste such as e-waste, construction waste and junk makes up an estimated 14 per cent of the waste generated. Public and private health facilities generate an estimated 2 to 3 tonnes of biomedical waste daily.

Solid waste management remains an enormous challenge in coastal towns, with Mombasa County facing the biggest challenge due to a burgeoning population.

Most of the solid waste generated is disposed in undesignated open grounds—in VOK, Kwa Karama, Kadongo, Junda, Saratoga, and Mcheleni. It is disposed in the same form as it is generated without being recycled or reused. Disposal of solid waste in the open has continuously had a negative environmental health impact through the contamination of water sources.

Moreover, with the limited investment in solid waste recycling and recovery systems, disposal methods in the county have been a contributor to public nuisance.

There are two designated dumpsites, namely Mwakirunge in Kisauni and Shonda in Likoni. However, these dumpsites are poorly managed and do not respect the prescribed environmental health standards while Mombasa County government’s budgetary allocation for solid waste management is not sufficient to meet the desired results.

MPs are harmful to human health, experts say. The ingestion of MPs by species at the base of the food web causes human food safety concerns, as little is known about their effects on the food that finally lands on our menu.

The minuscule size of MPs renders them invisible to filter-feeding fauna, leading to unintentional ingestion. In a study published in December 2020 in the Africa Journal of Marine Science, W. Awuor, Agnes Muthumbi and Deborah Robertson-Andersson confirmed the presence of MPs in marine life. The study investigated MPs in oysters and in three species of brachyuran crabs.

They did sampling in eight stations distributed between three sites—Tudor, Port Reitz and Mida Creek—in January and February 2018, during low spring tide. The sample comprised 206 crabs and 70 oysters.

The study identified MP fibres of different colours—red, yellow, black, pink, orange, purple, green, blue—as well as colourless ones. Colourless fibres were the most prevalent, comprising at least 60 per cent of the total MPs. The mean lengths of the MP fibres were between 0.1 and 4.2 mm.

The study exposes MP pollution along the Kenyan coast and its uptake by marine fauna, and thus strengthens the case for better control of plastic waste in the ocean. “Marine plastic litter pollution is already affecting over 800 marine species through ingestion, entanglement and habitat change,” said the head of UN Environment’s coral reef unit, Jerker Tamelander, in 2019.

“Waste continues to leak from land, and coral reefs are on the receiving end. They also trap a lot of fishing gear and plastic lost from aquaculture. With the effects of climate change on coral reef ecosystems already significant, the additional threat of plastics must be taken seriously.”

According to UNEP, there remains a significant lack of knowledge on the true impact of plastics on the reef environment, including the level of concentrations of MPs across coral reef eco-regions in order to understand the scale of the issue in a standardised manner.

“Marine plastic litter pollution is already affecting over 800 marine species through ingestion, entanglement and habitat change.”

Concerns about ocean pollution have been raised at a time when the country is looking at the Blue Economy as the country’s next economic growth frontier. In effect, Kenya’s land-based resources have been shrinking because of a rapidly growing population and it is therefore prudent for the government to shift the focus to the country’s ocean resources spread over an area of 245,000 km², or 42 per cent of the country’s total land mass.

Kenya has from the outset not been keen on growing the maritime sector. Even Kenya’s first independence economic blueprint, African Socialism and its Application to Planning in Kenya, published in 1965, failed to anchor the Blue Economy in the country’s economic growth agenda, despite its significant role in transporting 95 per cent of the country’s global transactions.

The Western Indian Ocean has resources worth more than KSh2.2 trillion in annual outputs, with Kenya’s share standing at about 20 per cent of this figure. The marine fishing sub-sector alone had an annual fish potential of 350,000 metric tonnes worth KSh90 billion in 2013. However, the region only yielded a paltry 9,134 metric tonnes worth KSh2.3 billion during that year.

In 2018, the then Agriculture Cabinet Secretary, Mwangi Kiunjuri, said that by failing to fully exploit the Blue Economy, Kenya was losing over Sh440 billion annually. But if the opportunities offered by the Blue Economy are to be exploited, a policy intervention in the management and disposal of plastic waste is urgently required to protect the ocean’s rich biodiversity for sustainable development.

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Politics

Western Sahara: Africa’s Last Colony

Meriem Naïli writes about the continuing struggle for the independence of Western Sahara. Occupied by Morocco since the 1970s, in contravention of the International Court of Justice and the UN. The internationally recognised liberation movement, POLISARIO, has fought and campaigned for independence since the early 1970s. Naïli explains what is going on, and the legal efforts to secure the country’s freedom.

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Western Sahara: Africa’s Last Colony
Photo: Freepik/natanaelginting
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The conflict over Western Sahara can be described as a conflict over self-determination that has been frozen in the past three decades. Western Sahara is a territory in North-West Africa, bordered by Morocco in the north, Algeria and Mauritania in the east and the Atlantic Ocean to the west. A former Spanish colony, it has been listed by the UN since 1963 as one of the 17 remaining non-self-governing territories, but the only such territory without a registered administrating power.

Since becoming independent from France in 1956, Morocco has claimed sovereignty over Western Sahara and has since the late 1970s formally annexed around 80% of its territory, over which it exercises de facto control in contravention of the conclusions reached by the International Court of Justice (ICJ) in its advisory opinion of October 15, 1975, on this matter. The court indeed did not find any “legal ties of such a nature as might affect the application of resolution 1514 (XV) in the decolonization of Western Sahara and, in particular, of the principle of self-determination through the free and genuine expression of the will of the peoples of the Territory” (Western Sahara (1975), Advisory Opinion, I.C.J. Reports 1975, p.12).

On 14 November 1975, the Madrid Accords – formally the Declaration of Principles on Western Sahara – were signed between Spain, Morocco, and Mauritania setting the conditions under which Spain would withdraw from the territory and divide its administration between the two African states. Its paragraph two reads that “Spain shall immediately proceed to establish a temporary administration in the territory, in which Morocco and Mauritania shall participate in collaboration with the Jemâa [a tribal assembly established by Spain in May 1967 to serve as a local consultative link with the colonial administration], and to which the responsibilities and powers referred to in the preceding paragraph shall be transferred.”

Although it was never published on the Boletin Oficial del Estado [the official State journal where decrees and orders are published on a weekly basis], the accord was executed, and Mauritania and Morocco subsequently partitioned the territory in April 1976. Protocols to the Madrid Accords also allowed for the transfer of the Bou Craa phosphate mine and its infrastructure and for Spain to continue its involvement in the coastal fisheries.

Yet in Paragraph 6 of his 2002 advisory opinion, UN Deputy Secretary General Hans Corell, reaffirmed that the 1975 Madrid Agreement between Spain, Morocco, and Mauritania “did not transfer sovereignty over the Territory, nor did it confer upon any of the signatories the status of an administering Power, a status which Spain alone could not have unilaterally transferred.”

The war

The Popular Front for the Liberation of Saguia el-Hamra and Rio de Oro (POLISARIO) is the internationally recognised national liberation movement representing the indigenous people of Western Sahara. Through the self-proclaimed Sahrawi Arab Democratic Republic (SADR), it has been campaigning since its creation in May 1973 in favour of independence from Spain through a referendum on self-determination to be supervised by the UN. A war broke out shortly after Morocco and Mauritania’s invasion in November 1975. Spain officially withdrew from the territory on 26 February 1976 and the Sahrawi leadership proclaimed the establishment of the SADR the following day.

In 1984, the SADR was admitted as a full member of the Organisation of African Unity (now the African Union), resulting in Morocco’s decision to withdraw the same year in protest. Morocco would only (re)join the African Union (AU) in 2017. The admission of the SADR to the OAU consolidated the movement in favour of its recognition internationally, with 84 UN member states officially recognising the SADR.

In the meantime, to strengthen its colonization of the territory, Morocco had begun building what it later called “le mur de défense” (the defence wall). In August 1980, following the withdrawal of Mauritanian troops the previous year, Morocco sought to “secure” a part of the territory that Mauritania had occupied. Construction of the wall – or “berm” – was completed in 1987 with an eventual overall length of just under 2,500km.

A “coordination mission” was established in 1985 by the UN and the OAU with representatives dispatched to find a solution to the conflict between the two parties. After consultations, the joint OAU-UN mission drew up a proposal for settlement accepted by the two parties on 30 August 1988 and would later be detailed in the United Nations Secretary General’s (UNSG) report of 18 June 1990 and the UN Security Council (UNSC) resolution establishing United Nations Mission for the Referendum in Western Sahara (MINURSO).

Since 1979 and the surrender of Mauritania, around 80% of the territory has remained under Morocco’s military and administrative occupation.

Deployment of MINURSO

The Settlement Plan agreed to in principle between Morocco and POLISARIO in August 1988 was submitted to the UNSC on 12 July 1989 and approved in 1990. On 29 April 1991, the UNSC established MINURSO in resolution 690, the terms of reference for it being set out in the UNSG’s report of 19 April 1991. The plan provided for a cease-fire, followed by the organisation of a referendum of self-determination for which the people of Western Sahara had to choose between two options: integration with Morocco or plain and simple independence.

In this regard, it provided for the creation of an Identification Commission to resolve the issue of the eligibility ofSahrawi voters for the referendum, an issue which has since generated a great deal of tension between the two parties. A Technical Commission was created by mid-1989 to implement the Plan, with a schedule based on several phases and a deployment of UN observers following the proclamation of a ceasefire.

Talks quickly began to draw up a voters list amid great differences between the parties. POLISARIO maintained that the Spanish census of 1974 was the only valid basis, with 66,925 eligible adult electors, while Morocco demanded inclusion of all the inhabitants who, as settlers, continued to populate the occupied part of the territory as well as people from southern Morocco. It was decided that the 1974 Spanish census would serve as a basis, and the parties were to propose voters for inclusion on the grounds that they were omitted from the 1974 census.

In 1991, the first list was published with around 86,000 voters. However, the process of identifying voters would be obstructed in later years, mainly by Morocco which attempted to include as many Moroccan settlers as possible. The criteria for eligibility had sometimes been modified to accommodate Morocco’s demands and concerns. Up to 180,000 applications had been filed on the part of the Kingdom, the majority of which had been rejected by the UN Commission as they did not satisfy the criteria for eligibility.

Consequently, the proclamation of “D-Day”, to mark the beginning of a twelve-week transition period following the cease-fire leading to the referendum on self-determination, kept being postponed and eventually was never declared.

The impasse

Following the rejection by Morocco of the Peace Plan for Self-Determination of the People of Western Sahara (known as Baker Plan II) and the complete suspension of UN referendum preparation activities in 2003, Morocco’s proposal for autonomy of the territory under its sovereignty in 2007 crystallised the stalemate [the Peace Plan is contained in Annex II of UNSG report S/2003/565, and available here].

The Baker Plan II had envisioned a four or five-year transitional power-sharing period between an autonomous Western Sahara Authority and the Moroccan state before the organisation of a self-determination referendum during which the entire population of the territory could vote for the status of the territory – including an option for independence. It was ‘supported’ by the UNSC in resolution S/RES/1495 and reluctantly accepted by POLISARIO but rejected by Morocco.

The absence of human rights monitoring prerogatives for MINURSO has emerged as an issue for the people of Western Sahara as a result of the stalemate in the referendum process in the last two decades. MINURSO is the only post-Cold War peacekeeping operation to be deprived of such prerogatives.

Amongst the four operations currently deployed that are totally deprived of human rights monitoring components (UNFICYP in Northern Cyprus, UNIFIL in Lebanon, UNDOF in the Israeli-Syrian sector and MINURSO), MINURSO stands out as not having attained its purpose through the organisation of a referendum. In addition, among the missions that did organise referendums (namely UNTAG in Namibia and UNAMET in East Timor), all had some sort of human rights oversight mechanism stemming from their mandates.

On 8 November 2010, a protest camp established by Sahrawis near Laayoune (capital of Western Sahara) was dismantled by the Moroccan police. The camp had been set up a month earlier in protest at the ongoing discrimination, poverty, and human rights abuses against Sahrawis. When dismantling the camp, gross human rights violations were reported – see reports by Fédération internationale des ligues des droits de l’Homme (2011) and Amnesty International (2010).

This episode revived the international community’s interest in Western Sahara and therefore strengthened the demand by Sahrawi activists to “extend the mandate of MINURSO to monitor human rights” (see Irene Fernández-Molina, “Protests under Occupation: The Spring inside Western Sahara” in Mediterranean Politics, 20:2 (2015): 235–254).

Such an extension was close to being achieved in April 2013, when an UNSC resolution draft penned by the US unprecedentedly incorporated this element, although it was eventually taken out. This failed venture remains to date the most serious attempt to add human rights monitoring mechanisms to MINURSO. Supporters of this amendment to the mandate are facing the opposition by Moroccan officials who hold that it is not the raison d’être of the mission, and it could jeopardize the negotiation process.

What’s going on now?

At the time of writing, the people of Western Sahara are yet to express the country’s right to self-determination through popular consultation or any other means agreed between the parties. The conflict therefore remains unresolved since the ceasefire and has mostly been described as “frozen” by observers.

On the ground, resistance from Sahrawi activists remain very much active. Despite the risks of arbitrary arrest, repression or even torture, the Sahrawi people living under occupation have organised themselves to ensure their voices are heard and violations are reported. Freedom House in 2021 have, yet again, in its yearly report, rated Western Sahara as one of the worst countries in the world with regards to political rights and civil liberties.

Despite a clear deterioration of the peace process over the decades, several factors have signalled a renewed interest in this protracted conflict among key actors and observers from the international community. A Special Envoy of the AU Council Chairperson for Western Sahara (Joaquim Alberto Chissano from Mozambique) was appointed by the Peace and Security Council in June 2014. This was followed by Morocco becoming a member of the AU in January 2017.

More recently, major events have begun to de-crystalise the status quo. The war resumed on 13 November 2020 following almost 30 years of ceasefire. Additionally, for the first time, a UN member state – the US – recognised Morocco’s claim to sovereignty over the territory. Former US President Trump’s declaration on 10 December 2020 to that effect was made less than a month after the resumption of armed conflict. It has not, however, been renounced by the current Biden administration. As this recognition secured Morocco’s support for Israel as per the Abrahamic Accords, reversing Donald Trump’s decision would have wider geopolitical repercussions.

In September 2021, the General Court of the European Union (GCEU) issued decisions invalidating fisheries and trade agreements between Morocco and the EU insofar as they extended to Western Sahara, rejecting Morocco’s sovereignty. This decision is the latest episode of a legal battle taking place before the European courts.

The Court of Justice of the European Union (CJEU), had previously reaffirmed the legal status of Western Sahara as a non-self-governing territory, set by the UN in 1963 following the last report transmitted by Spain – as Administering Power – on Spanish Sahara under Article 73 of the UN Charter. The Court rejected in December 2016 any claims of sovereignty by Morocco by restating the distinct statuses of both territories.

The last colony in Africa remains largely under occupation and the UN mission in place is still deprived of any kind of human rights monitoring. In the meantime, the Kingdom of Morocco has been trading away peace in the form of military accords and trade partnerships. This situation must end – with freedom, and sovereignty finally won by Western Sahara.

This article was first published by ROAPE.

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