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THE TIES THAT MAY NEVER BIND: Chasing the mirage of SPLM reunification

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THE TIES THAT MAY NEVER BIND: Chasing the mirage of SPLM reunification
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The Sudan People’s Liberation Movement/Army (SPLM/A), a southern Sudan-based national liberation movement, sprouted in 1983 in the Sudanese and regional political theatre at the height of the Cold War that witnessed ideological and superpower rivalry in the Horn of Africa and the Middle East. Many South Sudanese and people on the political left received its declared objective of constructing a united socialist “new Sudan” with a pinch of salt. A handful of highly educated individuals formed its officer corps but the bulk of the army, the SPLA, was drawn not from an industrial working class but from sedentary and agro-pastoral communities – unlikely material for building socialism.

However, the united socialist new Sudan disappeared imperceptibly from the SPLM/A written and oral literature with the collapse of the Soviet Union and the world socialist system before the turn of the century. This led to an ideological shift in the SPLM/A system. This shift coincided with the demand by the people of South Sudan to exercise their inalienable right to self-determination.

The war of national liberation ended in a political compromise: the comprehensive peace agreement (CPA), which the SPLM and National Congress Party (NCP), representing the government of Sudan, spent eleven years negotiating in Nairobi, Machakos and finally Naivasha under the auspices of two successive Kenyan presidents. Dr. John Garang de Mabior and Sudan’s Vice President Ustaz Ali Osman Mohammed Tah signed the peace agreement in Nairobi on 9 January 2005 in a colourful ceremony presided over by President Mwai Kibaki of Kenya and witnessed by President Yoweri Museveni of Uganda, Meles Zenawi of Ethiopia, President Omar al Bashir of Sudan and Colin Powell, the US Secretary of State, among other African and world leaders.

In the second edition of “The politics of liberation in South Sudan: An insider’s view”, I posed the question: “What is the SPLM and where is it?” I was trying to provoke a debate in the SPLM/A that had since 1983 evolved like Siamese twins who are conjoined at the head and who cannot be separated surgically because it would lead to their death. There was no clear separation of functions with the SPLA being the military organ of the liberation movement and SPLM its political organ. The two subsumed and eclipsed each other’s respective functions, blurring and indeed distorting internal political and democratic development to prevent the emergence of a genuine and authentic national liberation movement.

The lack of an ideology and the absence of organisation and institutions in a national liberation movement can negatively influence its development and the relationship between its members and the masses of the people, as well as the nature of the resultant state. The state in South Sudan, in its current disposition regardless of the international recognition it obtains, is a façade. The lack of political organisation and the absence of democratic institutions and instruments of public power resulted in the personalisation of the SPLM/A’s power and public authority. These were the principal drivers of the internal contradictions, splits and factionalism within the SPLM/A.

The SPLM/A was such an informality that only Garang could manage it and keep it moving. His sudden demise in 2005 released the negative forces hitherto kept under tight lid by military authoritarianism. The power transfer to Commander Salva Kiir Mayardit went without a glitch. Nevertheless, Kiir’s leadership style, unlike that of Garang, enabled the emergence of “power-centres” around his presidency of the Government of South Sudan. The interim period, before the carrying out of the referendum on self-determination, witnessed internal power struggles among the SPLM’s first and second line leaders characterised by intrigues, short-changing and an upsurge in ethnic nationalism, as well as the emergence of ethnic associations and caucuses in the executive and legislative branches of government, widespread corruption in government and society, insecurity in the form of ubiquitous ethnic conflicts and localised civil wars.

The state in South Sudan, in its current disposition regardless of the international recognition it obtains, is a façade. The lack of political organisation and the absence of democratic institutions and instruments of public power resulted in the personalisation of the SPLM/A’s power and public authority. These were the principal drivers of the internal contradictions, splits and factionalism within the SPLM/A.

The independence of South Sudan found the SPLM (South Sudan’s governing party) in a state of acute dysfunctionality due to internal power wrangles. The leaders miserably failed to separate and transform the SPLM into a mass political party guided by democratic principles, a constitution and a political programme. Its internal situation was toxic and ready to implode. The pressure lid that tightly compressed its internal contradictions had suddenly ruptured with the death of Garang. It was only the general concern about secession from the Sudan among the majority of the Southern Sudanese that sustained the unstable calm, enabling the orderly conduct of the referendum on self-determination.

The structural drivers of SPLM/A internal splits

The internal and external socio-political conditions under which the SPLM/A formed in July 1983 laid the foundations of its perpetual internal instability. Without going into details, the failure to unify the remnants of the mutinies of elements of Sudan Armed Forces (SAF) in Bor (16 May) and Ayod (6 June) with the Anya-nya 2, which was formed by former officers and soldiers of Anya-nya, who had been absorbed into the SAF following the 1972 Addis Ababa Agreement and who rebelled in Akobo in February 1976, through the agency of the Derg defined the militarist character of the nascent movement. When the Anya-nya 2 flipped back to the liberation movement in 1988, no structural changes had occurred within the SPLM/A, particularly at the leadership level. Like a dinosaur, the SPLM had a tiny head resting on a huge body that it carried with immense difficulty. The suffocating military environment resulted in the 1991 Nasir Declaration that split the movement, leading to internecine fighting along ethnic contours. By the end of 2003, when Dr. Riek Machar and Dr. Lam Akol, who had authored the declaration, returned to the fold, the SPLM/A remained structurally unchanged.

The institutions created by the SPLM First National Convention in 1994, like the National Liberation Council (NLC) that was established to perform legislative functions and the National Executive Committee (NEC) that was to exercise executive functions of the SPLM/A, had disappeared into oblivion. The SPLM/A power and public authority had begun to centralise, concentrate and personify in Garang, its Chairman and Commander-in-Chief. The return to the SPLM/A of Machar and Akol on the eve of the peace agreement with Khartoum, coupled with Machar’s ambition to become Number One in the SPLM/A hierarchy, heightened rumour-mongering in the SPLM/A targeted at ousting of Salva Kiir as the deputy Chairman and SPLA’s Chief of General Staff. Kiir, who had stayed loyal to Garang throughout the turbulent years, would not take the rumours lying down. This triggered what came to be known in the SPLM/A as the Yei Crisis, which in November 2004 pitted Kiir against his boss.

Although the Yei crisis was an internal, structurally-driven SPLM/A matter, its ethnic overtones and provincial contours were prominent, feeding into a general dissatisfaction with Garang in Bahr el Ghazal (where he had in the course of time differed, split with and executed several leaders) spearheaded by prominent individuals linked to the National Islamic Front regime in Khartoum. A conference called in Rumbek to resolve this crisis, which addressed only its symptoms but not its structural underpinnings. This conference was typical of the SPLM/A meetings that always ended up fudging the substantive issues under the canopy of “opening a new page”. As a result, the attempts to resolve the crisis were frustrated, creating conditions for the resurgence or eruption of another crisis along the same lines.

Kiir, who had stayed loyal to Garang throughout the turbulent years, would not take the rumours lying down. This triggered what came to be known in the SPLM/A as the Yei Crisis, which in November 2004 pitted Kiir against his boss.

The splits in the SPLM/A have always been more political and personal than ideological, hence they transcended and permeated into the ethnic and provincial domains, acquiring different dimensions and dynamics. The splits in 1983/4 and 1991 quickly acquired ethnic dimensions because of the lack of an ideologically-driven agenda, although the commanders in Nasir had raised the right of the people of southern Sudan to exercise self-determination. However, the question of power and who wielded it was the common denominator in all these splits. It was the perception of power as a personal birthright rather than an institutional assignment that set the patterns for achieving it. In a militarist environment like the SPLM/A, the pattern for capturing and holding onto power was inevitably violent.

The SPLM split and the civil war

In the absence of democratic institutions and instruments of power and public authority, the SPLM/A became a huge informal patrimonial network of political patronage. This system became more pronounced after Garang’s death, the rise of Kiir within the SPLM/A and the independence of South Sudan. The lack of a political programme to manage the social and economic development of the new state of South Sudan rendered the interim period (2005-2011) what the SPLM leaders cynically called “payback time”: they dolled themselves up in self-aggrandisement, thanks to the easy availability of oil revenues. The nexus between personal power and wealth accumulated in a primitive fashion without consideration for law and order resulted in a life and death situation.

The patrimonial political patronage system that the SPLM leaders controlled accentuated and amplified the SPLM’s internal contradictions. The personalised power struggle became a fireball in December 2013, barely three years into the independence and birth of the Republic of South Sudan. The resultant civil war was initially viewed by many people as a war between Kiir and Machar (and by extension a war between the Dinka and the Nuer) but it was in fact a reflection of the SPLM’s failure to address its structurally-driven internal political contradictions.

The SPLM reunification

In all these SPLM/A disruptions, eruptions or implosions, these contradictions have always been buried under the talk about “return to the fold” or “reconciliation and peace”, which have left these contradictions intact and ready to rekindle. In December 2013, the eruption of violence, and its scale and ferocity, caught the IGAD region and the whole world unawares. South Sudan had not completely emerged from the effects of the 21-year war of liberation and from the border war with the Sudan (2012) and so nobody could understand why a people who had endured suffering for that long would go to war again. Thus, the interventions to help resolve the conflict were frenetic but superficial. Nobody cared to solicit a scientific understanding of the conflict’s causes.

The extraordinary summit of IGAD Heads of State and Government, held in Nairobi on 27 December 2013, resolved to bring the warring parties, namely the Government of the Republic of South Sudan and the rebel movement christened the Sudan People’s Liberation Movement/Army in Opposition [SPLM/A (IO)], to the negotiating table to thrash out their difference and reach a peace agreement. The United Nations Mission in South Sudan (UNMISS) became the contact between Machar and the IGAD Special Envoys to South Sudan. The negotiations began in Addis Ababa.

In December 2013, the eruption of violence, and its scale and ferocity, caught the IGAD region and the whole world unawares. South Sudan had not completely emerged from the effects of the 21-year war of liberation and from the border war with the Sudan (2012) and so nobody could understand why a people who had endured suffering for that long would go to war again. Thus, the interventions to help resolve the conflict were frenetic but superficial. Nobody cared to solicit a scientific understanding of the conflict’s causes.

The ruling parties in Ethiopia (EPRDF) and South Africa (ANC) came up with a joint initiative, which aimed at resolving the SPLM’s internal contradictions that triggered and drove the civil war. It is worth mentioning that the ANC and the Norwegian Labour Party had earlier, before the eruption of the violence, tried to help the SPLM leadership to overcome its differences, which had been triggered by rumours that Salva Kiir had decided not to contest for the presidency come 2015. President Kiir reacted to the rumours in a manner similar to somebody who sets his house on fire to treat bug-infested pieces of furniture.

As if not sure that the SPLM’s 3rd National Convention, scheduled for May 2013, would return him as the Party Chairman and hence the SPLM’s flag bearer for the presidential elections in April 2015, Kiir blocked the democratic process of SPLM state congresses and the National Convention, suspended the SPLM Secretary General and paralysed all SPLM political functions. These actions halted the political process towards the presidential and general elections for national, state and county governments. He also brushed away any reconciliatory talks with Machar, Pagan Amun Okiech or Mama Rebecca Nyandeng Garang, who had shown interest in contesting the position of the SPLM Chairman.

The ANC-EPRDF initiative was the right approach. These were the SPLM first row leaders and it was absolutely imperative to reconcile and unify their ranks to alleviate the suffering of the people. Except the eruption of violence and the ethnicisation of conflict had rendered impossible the task of reconciliation. The grassroots opinion solicited in 2012, before the war, indicated widespread disenchantment of the masses with the SPLM as a ruling party. (Later, the people would quip that when the SPLM leaders split they killed the people and when they united they stole the people’s money.)

However, Machar turned down the initiative in favour of a full-blown peace negotiation under IGAD mediation, suggesting that the conflict and war was no longer an affair of the SPLM. In September 2014, on the sidelines of the UN General Assembly, President Kiir met the Tanzanian President, Jakaya Kikwete, and requested his indulgence and assistance to reunite the feuding SPLM factions, namely, the SPLM in government (SPLM-IG), the SPLM in opposition (SPLM-IO) and the SPLM former political detainees (FPDs). President Kikwete obliged and the process kicked off in November 2014 under the auspices of Chama Cha Mapenduzi (CCM). On 21 January 2015, the three factional heads – Kiir [SPLM (IG)], Machar (SPLM/A (IO)] and Okiech [SPLM (FPDs] – signed the SPLM Reunification Agreement in a ceremony in Arusha witnessed by President Kikwete, President Yoweri Museveni and President Uhuru Kenyatta, as well as then Deputy President of South Africa, Cyril Ramaphosa.

The impact of the SPLM reunification agreement on the IGAD peace process in South Sudan was not immediately obvious given that the civil war not only raged throughout South Sudan, but also considering that the people had become weary of the SPLM as a ruling party. The SPLM reunification agreement was supposed to moderate and ease the tension between the SPLM leaders in order to accelerate and facilitate the sealing of a peace agreement and return the country to normalcy. The motivations of the SPLM leaders crossed rather than aligned with each other. The SPLM/A (IO) fell off the reunification process. The guarantors of the reunification agreement, CCM and ANC, proceeded with the two remaining factions to implement the Arusha agreement on SPLM reunification. They eventually consummated the process with the reinstatement of the comrades to their respective positions: Okiech as the SPLM Secretary General, and Deng Alor, John Luk and Kosti Manibe to the SPLM Political Bureau.

However, once disrupted, relations based on social considerations rather than principles of politics and ideology rarely mend. It did not take long before the four former political detainees stormed out of Juba and did not return till after the signing of the Agreement on the Resolution of the Conflict in South Sudan (ARCISS) in August 2015. The SPLM reunification process had flopped.

The Entebbe and Cairo meetings

I headed the SPLM/A-IO delegation to the reunification talks in Arusha. In a report to the SPLM/A (IO) NLC meeting in Pagak, December 2014, I said that the SPLM reunification was like chasing a mirage. I still believe it will never take place, given the political dynamics since the fighting in J1, which rekindled the war in 2016.

The IGAD-sponsored High-level Revitalisation Forum (HLRF) process has outpaced the SPLM reunification in a manner that confirms the statement I made above that the SPLM faction will never unite; the ties will never bind. The former political detainees who were enthusiastic about reunification seem to have had second thoughts when they pursued the project of a UN Trusteeship of South Sudan, which they later changed to exclude Kiir and Machar from participating in a Transitional Government of National Unity (TGoNU) made up of technocrats. The failure of the HLRF to achieve the desired peace agreement prompted the IGAD Council of Ministers to propose a face-to-face meeting between Kiir and his principal nemesis, Machar, under the auspices of the Ethiopian Prime Minister, Dr. Abiye Ahmed, This face-to-face meeting was modelled on the “handshake” between President Uhuru Kenyatta and opposition leader Raila Odinga that had eased the political standoff in Kenya following the disputed 2017 elections.

The Kiir-Machar face-to-face meeting took place on the sidelines of the 32nd Extra-Ordinary Assembly of the IGAD Heads of State and Government. President Kiir categorically rejected the idea of working with Machar, who was flown in from Pretoria in South Africa where he had been kept under house arrest since November 2016. Reflecting the level of distrust between the two leaders, the failure of the meeting prompted IGAD to mandate the Sudanese Head of State, President Omer Hassan Ahmed al Bashir, to facilitate a second round.

The failure of the HLRF to achieve the desired peace agreement prompted the IGAD Council of Ministers to propose a face-to-face meeting between Kiir and his principal nemesis, Machar, under the auspices of the Ethiopian Prime Minister, Dr. Abiye Ahmed. This face-to-face meeting was modelled on the “handshake” between President Uhuru Kenyatta and opposition leader Raila Odinga that had eased the political standoff in Kenya following the disputed 2017 elections.

This mandate was ostensibly in the belief that Bashir might prevail on the two antagonists given their relations in the not too distant past. The aim of this round was to herald a discussion between the South Sudanese leaders to resolve outstanding issues on governance and security arrangements, taking into consideration the measures proposed in the revised IGAD Council of Ministers’ Bridging Proposal on the Revitalisation of ARCISS, and to rehabilitate South Sudan’s economy through bilateral cooperation between the Republic of South Sudan and the Republic of the Sudan. President Museveni was conspicuously absent in the Addis Ababa summit. Many people believed it was a loud register of his disapproval of the Kiir-Machar face-to-face meeting. Museveni has never disguised his contempt for Machar and his support for Kiir. On the eve of Kiir’s travel to Addis Ababa, Museveni sent to Juba his Deputy Prime Minister, Moses Ali with a letter to him; perhaps that was his desperate last attempt to torpedo the talks.

In a surprising twist in this intricate diplomatic and political maze, the transfer of the process to Khartoum triggered regional kinetic energy. Museveni flew to Khartoum on 25 June to witness the Kiir-Machar face-to-face meeting now under the auspices of President Bashir. This unexpected convergence in Khartoum of Museveni and Kiir was not so much about the face-to-face meeting but about the rehabilitation of South Sudan’s oil fields and the Sudanese involvement in their protection as echoed in the Khartoum Declaration of Agreement (KDA) between Kiir, Machar and Gabriel Changson (SSOA), Deng Alor (FPDs) and Peter Manyen (Other Political Parties) signed in Khartoum on 26 June. Only one thing – the prospect for renewed flow of South Sudan’s oil to international markets – motivated both Bashir and Museveni into the scheme to rehabilitate South Sudan’s economy. This reads into the Bashir-Museveni’s rapprochement and the new-found friendship between the two erstwhile hostile leaders.

Thereafter, the South Sudan government and the opposition groups signed in Khartoum on Friday 6 July, 2018, the Agreement on Outstanding Issues of Security Arrangements. The process moved to Kampala on Saturday, 7 July this year, where Salva Kiir, Riek Machar and the other political opposition signed the agreement on governance. On 10 July, the two agreements were presented to President Kenyatta, marking the consummation of the peace agreement and the end of the South Sudan conflict. Indeed the HLRF had outpaced and overtaken the SPLM reunification.

The intervention of President Omer al Bashir, on account of Sudan’s national security and economic interests, rescued from collapse and embarrassment the IGAD peace process. The clever involvement of President Museveni was necessary to allay Kiir’s fears and build confidence in Sudan’s mediation, although he still has an axe to grind with South Sudan over the Abyei border demarcation and many other issues that have not been resolved in the post-referendum process. The success of the IGAD process and the failure of the SPLM reunification is a diplomatic slap in the face of CCM and ANC, the two parties that had laboured to bring together the SPLM factions.

However, the agenda for the people of South Sudan is not SPLM reunification but the political process of socio-economic rehabilitation to translate the signed agreements, which are essentially political compromises, into practical plans and programmes. South Sudan’s leaders have to act strategically looking into the future rather than tactically to win elections at the end of the transitional period.

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Peter Adwok Nyaba trained as a geologist and lectured in Juba and Asmara Universities. He is a trade unionist, an activist, a former commander in the SPLA, a Noma Award (1998) winner and a former minister in the Government of the Republic of Sudan and the Government of the Republic of South Sudan. He is currently a member of the SPLM in Opposition.

Politics

Stealth Game: “Community” Conservancies and Dispossession in Northern Kenya

The fortress conservation model, created with support from some of the world’s biggest environmental groups and western donors, has led to land dispossession, militarization, and widespread human rights abuses.

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Stealth Game: “Community” Conservancies and Dispossession in Northern Kenya
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With its vast expanses and diversity of wildlife, Kenya – Africa’s original safari destination – attracts over two million foreign visitors annually. The development of wildlife tourism and conservation, a major economic resource for the country, has however been at the cost of local communities who have been fenced off from their ancestral lands. Indigenous communities have been evicted from their territories and excluded from the tourist dollars that flow into high-end lodges and safari companies.

Protected areas with wildlife are patrolled and guarded by anti-poaching rangers and are accessible only to tourists who can afford to stay in the luxury safari lodges and resorts. This model of “fortress conservation” – one that militarizes and privatizes the commons – has come under severe criticism for its exclusionary practices and for being less effective than the models where local communities lead and manage conservation activities.

One such controversial model of conservation in Kenya is the Northern Rangelands Trust (NRT). Set up in 2004, the NRT’s stated goal is “changing the game” on conservation by supporting communities to govern their lands through the establishment of community conservancies.

Created by Ian Craig, whose family was part of the elite white minority during British colonialism, the NRT’s origins date back to the 1980s when his family-owned 62,000-acre cattle ranch was transformed into the Lewa Wildlife Conservancy. Since its founding, the NRT has set up 39 conservancies on 42,000 square kilometres (10,378,426 acres) of land in northern and coastal Kenya – nearly 8 per cent of the country’s total land area.

The communities that live on these lands are predominantly pastoralists who raise livestock for their livelihoods and have faced decades of marginalization by successive Kenyan governments. The NRT claims that its goal is to “transform people’s lives, secure peace and conserve natural resources.”

However, where the NRT is active, local communities allege that the organization has dispossessed them of their lands and deployed armed security units that have been responsible for serious human rights abuses. Whereas the NRT employs around 870 uniformed scouts, the organization’s anti-poaching mobile units, called ‘9’ teams, face allegations of extrajudicial killings and disappearances, among other abuses. These rangers are equipped with military weapons and receive paramilitary training from the Kenyan Wildlife Service Law Enforcement Academy and from 51 Degrees, a private security company run by Ian Craig’s son, Batian Craig, as well as from other private security firms. Whereas the mandate of NRT’s rangers is supposed to be anti-poaching, they are routinely involved in policing matters that go beyond that remit.

Locals allege that the NRT compels communities to set aside their best lands for the exclusive use of wildlife.

Locals have alleged the NRT’s direct involvement in conflicts between different ethnic groups, related to territorial issues and/or cattle raids. Multiple sources within the impacted communities, including members of councils of community elders, informed the Oakland Institute that as many as 76 people were killed in the Biliqo Bulesa Conservancy during inter-ethnic clashes, allegedly with the involvement of the NRT. Interviews conducted by the Institute established that 11 people have been killed in circumstances involving the conservation body. Dozens more appear to have been killed by the Kenya Wildlife Services (KWS) and other government agencies, which have been accused of abducting, disappearing, and torturing people in the name of conservation.

Over the years, conflicts over land and resources in Kenya have been exacerbated by the establishment of large ranches and conservation areas. For instance, 40 per cent of Laikipia County’s land is occupied by large ranches, controlled by just 48 individuals – most of them white landowners who own tens of thousands of acres for ranching or wildlife conservancies, which attract tourism business as well as conservation funding from international organizations.

Similarly, several game reserves and conservancies occupy over a million acres of land in the nearby Isiolo County. Land pressure was especially evident in 2017 when clashes broke out between private, mostly white ranchers, and Samburu and Pokot herders over pasture during a particularly dry spell.

But as demonstrated in the Oakland Institute’s report Stealth Game, the events of 2017 highlighted a situation that has been rampant for many years. Local communities report paying a high price for the NRT’s privatized, neo-colonial conservation model in Kenya. The loss of grazing land for pastoralists is a major challenge caused by the creation of community conservancies. Locals allege that the NRT compels communities to set aside their best lands for the exclusive use of wildlife in the name of community conservancies, and to subsequently lease it to set up tourist facilities.

Although terms like “community-driven”, “participatory”, and “local empowerment” are extensively used by the NRT and its partners, the conservancies have been allegedly set up by outside parties rather than the pastoralists themselves, who have a very limited role in negotiating the terms of these partnerships. According to several testimonies, leverage over communities occurs through corruption and co-optation of local leaders and personalities as well as the local administration.

A number of interviewees allege intimidation, including arrests and interrogation of local community members and leaders, as tactics routinely used by the NRT security personnel. Furthermore, the NRT is involved not just in conservation but also in security, management of pastureland, and livestock marketing, which according to the local communities, gives it a level of control over the region that surpasses even that of the Kenyan government. The NRT claims that these activities support communities, development projects, and help build sustainable economies, but its role is criticized by local communities and leaders.

In recent years, hundreds of locals have held protests and signed petitions against the presence of the NRT. The Turkana County Government expelled the NRT from Turkana in 2016; Isiolo’s Borana Council of Elders (BCE) and communities in Isiolo County and in Chari Ward in the Biliqo Bulesa Conservancy continue to challenge the NRT. In January 2021, the community of Gafarsa protested the NRT’s expansion into the Gafarsa rangelands of Garbatulla sub-county. And in April 2021, the Samburu Council of Elders Association, a registered institution representing the Samburu Community in four counties (Isiolo, Laikipia, Marsabit and Samburu), wrote to international NGOs and donors asking them to cease further funding and to audit the NRT’s donor-funded programmes.

A number of interviewees allege intimidation, including arrests and interrogation of local community members and leaders, as tactics routinely used by the NRT security personnel.

At the time of the writing of the report, the Oakland Institute reported that protests against the NRT were growing across the region. The organization works closely with the KWS, a state corporation under the Ministry of Wildlife and Tourism whose mandate is to conserve and manage wildlife in Kenya. In July 2018, Tourism and Wildlife Cabinet Secretary Najib Balala, appointed Ian Craig and Jochen Zeitz to the KWS Board of Trustees. The inclusion of Zeitz and Craig, who actively lobby for the privatization of wildlife reserves, has been met with consternation by local environmentalists. In the case of the NRT, the relationship is mutually beneficial – several high-ranking members of the KWS have served on the NRT’s Board of Trustees.

Both the NRT and the KWS receive substantial funding from donors such as USAID, the European Union, and other Western agencies, and champion corporate partnerships in conservation. The KWS and the NRT also partner with some of the largest environmental NGOs, including The Nature Conservancy (TNC), whose corporate associates have included major polluters and firms known for their negative human rights and environmental records, such as Shell, Ford, BP, and Monsanto among others. In turn, TNC’s Regional Managing Director for Africa, Matt Brown, enjoys a seat at the table of the NRT’s Board of Directors.

Stealth Game also reveals how the NRT has allegedly participated in the exploitation of fossil fuels in Kenya. In 2015, the NRT formed a five-year, US$12 million agreement with two oil companies active in the country – British Tullow Oil and Canadian Africa Oil Corp – to establish and operate six community conservancies in Turkana and West Pokot Counties.

The NRT’s stated goal was to “help communities to understand and benefit” from the “commercialisation of oil resources”. Local communities allege that it put a positive spin on the activities of these companies to mask concerns and outstanding questions over their environmental and human rights records.

The NRT, in collaboration with big environmental organizations, epitomizes a Western-led approach to conservation that creates a profitable business but marginalizes local communities who have lived on these lands for centuries.

Despite its claims to the contrary, the NRT is yet another example of how fortress conservation, under the guise of “community-based conservation”, is dispossessing the very pastoralist communities it claims to be helping – destroying their traditional grazing patterns, their autonomy, and their lives.

The  Constitution of Kenyan  2010 and the 2016 Community Land Act recognize community land as a category of land holding and pastoralism as a legitimate livelihood system. The Act enables communities to legally register, own, and manage their communal lands. For the first three years, however, not a single community in Kenya was able to apply to have their land rights legally recognized. On 24 July 2019, over 50 representatives from 11 communities in Isiolo, Kajiado, Laikipia, Tana River, and Turkana counties were the first to attempt to register their land with the government on the basis of the Community Land Act. The communities were promised by the Ministry of Land that their applications would be processed within four months. In late 2020, the Ministry of Lands registered the land titles of II Ngwesi and Musul communities in Laikipia.

The others are still waiting to have their land registered. In October 2020, the Lands Cabinet Secretary was reported saying that only 12 counties have submitted inventories of their respective unregistered community lands in readiness for the registration process as enshrined in the law.

Community members interviewed by the Oakland Institute in the course of its research repeatedly asked for justice after years of being ignored by the Kenyan government and by the police when reporting human rights abuses and even killings of family members. The findings reported in Stealth Game require an independent investigation into the land-related grievances around all of the NRT’s community conservancies, the allegations of involvement of the NRT’s rapid response units in inter-ethnic conflict, as well as the alleged abuses and extrajudicial killings.

Pastoralists have been the custodians of wildlife for centuries – long before any NGO or conservation professionals came along. While this report focuses on the plight of the Indigenous communities in Northern Kenya, it is a reality that is all too familiar to indigenous communities the world over. In far too many places, national governments, private corporations, and large conservation groups collude in the name of conservation, not just to force Indigenous groups off their land, but to force them out of existence altogether.

Pastoralists have been the custodians of wildlife for centuries – long before any NGO or conservation professionals came along.

The latest threat comes from the so-called “30×30 initiative”, a plan under the UN’s Convention on Biological Diversity that calls for 30 per cent of the planet to be placed in protected areas – or for other effective area-based conservation measures (OECMs) –  by 2030.

The Oakland Institute’s report, Stealth Game, makes it clear that fortress conservation must be replaced by Indigenous-led conservation efforts in order to preserve the remaining biodiversity of the planet while respecting the interests, rights, and dignity of the local communities.

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Politics

Nashulai – A Community Conservancy With a Difference

Before Nashulai, Maasai communities around the Mara triangle were selling off their rights to live and work on their land, becoming “conservation refugees”.

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The Sekenani River underwent a mammoth cleanup in May 2020, undertaken by over 100 women living in the Nashulai Conservancy area. Ten of the 18 kilometres of fresh water were cleaned of plastic waste, clothing, organic material and other rubbish that presented a real threat to the health of this life source for the community and wildlife. The river forms part of the Mara Basin and goes on to flow into Lake Victoria, which in turn feeds the River Nile.

The initiative was spearheaded by the Nashulai Conservancy — the first community-owned conservancy in the Maasai Mara that was founded in 2015 — which also provided a daily stipend to all participants and introduced them to better waste management and regeneration practices. After the cleanup, bamboo trees were planted along the banks of the river to curb soil erosion.

You could call it a classic case of “nature healing” that only the forced stillness caused by a global pandemic could bring about. Livelihoods dependent on tourism and raising cattle had all but come to a standstill and people now had the time to ponder how unpredictable life can be.

“I worry that when tourism picks up again many people will forget about all the conservation efforts of the past year,” says project officer Evelyn Kamau. “That’s why we put a focus on working with the youth in the community on the various projects and education. They’ll be the key to continuation.”

Continuation in the broader sense is what Nashulai and several other community-focused projects in Kenya are working towards — a shift away from conservation practices that push indigenous people further and further out of their homelands for profit in the name of protecting and celebrating the very nature for which these communities have provided stewardship over generations.

A reckoning

Given the past year’s global and regional conversations about racial injustice, and the pandemic that has left tourism everywhere on its knees, ordinary people in countries like Kenya have had the chance to learn, to speak out and to act on changes.

Players in the tourism industry in the country that have in the past privileged foreign visitors over Kenyans have been challenged. In mid-2020, a poorly worded social media post stating that a bucket-list boutique hotel in Nairobi was “now open to Kenyans” set off a backlash from fed-up Kenyans online.

The post referred to the easing of COVID-19 regulations that allowed the hotel to re-open to anyone already in the country. Although the hotel tried to undertake damage control, the harm was already done and the wounds reopened. Kenyans recounted stories of discrimination experienced at this particular hotel including multiple instances of the booking office responding to enquiries from Kenyan guests that rooms were fully booked, only for their European or American companions to call minutes later and miraculously find there were in fact vacancies. Many observed how rare it was to see non-white faces in the marketing of certain establishments, except in service roles.

Another conversation that has gained traction is the question of who is really benefiting from the conservation business and why the beneficiaries are generally not the local communities.

Kenyan conservationist and author Dr Mordecai Ogada has been vocal about this issue, both in his work and on social media, frequently calling out institutions and individuals who perpetuate the profit-driven system that has proven to be detrimental to local communities. In The Big Conservation Lie, his searing 2016 book co-authored with conservation journalist John Mbaria, Ogada observes, “The importance of wildlife to Kenya and the communities here has been reduced to the dollar value that foreign tourists will pay to see it.” Ogada details the use of coercion tactics to push communities to divide up or vacate their lands and abandon their identities and lifestyles for little more than donor subsidies that are not always paid in full or within the agreed time.

A colonial hangover

It is important to note that these attitudes, organizations and by extension the structure of safari tourism, did not spring up out of nowhere. At the origin of wildlife safaris on the savannahs of East Africa were the colonial-era hunting parties organised for European aristocracy and royalty and the odd American president or Hollywood actor.

Theodore Roosevelt’s year-long hunting expedition in 1909 resulted in over 500 animals being shot by his party in Kenya, the Democratic Republic of Congo and Sudan, many of which were taken back to be displayed at the Smithsonian Institute and in various other natural history museums across the US. Roosevelt later recounted his experiences in a book and a series of lectures, not without mentioning the “savage” native people he had encountered and expressing support for the European colonization project throughout Africa.

Much of this private entertaining was made possible through “gifts” of large parcels of Kenyan land by the colonial power to high-ranking military officials for their service in the other British colonies, without much regard as to the ancestral ownership of the confiscated lands.

At the origin of wildlife safaris on the savannahs of East Africa were the colonial-era hunting parties organised for European aristocracy and royalty.

On the foundation of national parks in the country by the colonial government in the 1940s, Ogada points out the similarities with the Yellowstone National Park, “which was created by violence and disenfranchisement, but is still used as a template for fortress conservation over a century later.” In the case of Kenya, just add trophy hunting to the original model.

Today, when it isn’t the descendants of those settlers who own and run the many private nature reserves in the country, it is a party with much economic or political power tying local communities down with unfair leases and sectioning them off from their ancestral land, harsh penalties being applied when they graze their cattle on the confiscated land.

This history must be acknowledged and the facts recognised so that the real work of establishing a sustainable future for the affected communities can begin. A future that does not disenfranchise entire communities and exclude them or leave their economies dangerously dependent on tourism.

The work it will take to achieve this in both the conservation and the wider travel industry involves everyone, from the service providers to the media to the very people deciding where and how to spend their tourism money and their time.

Here’s who’s doing the work

There are many who are leading initiatives that place local communities at the centre of their efforts to curb environmental degradation and to secure a future in which these communities are not excluded. Some, like Dr Ogada, spread the word about the holes in the model adopted by the global conservation industry. Others are training and educating tourism businesses in sustainable practices.

There are many who are leading initiatives that place local communities at the centre of their efforts to curb environmental degradation.

The Sustainable Travel and Tourism Agenda, or STTA, is a leading Kenyan-owned consultancy that works with tourism businesses and associations to provide training and strategies for sustainability in the sector in East Africa and beyond. Team leader Judy Kepher Gona expresses her optimism in the organization’s position as the local experts in the field, evidenced by the industry players’ uptake of the STTA’s training programmes and services to learn how best to manage their tourism businesses responsibly.

Gona notes, “Today there are almost 100 community-owned private conservancies in Kenya which has increased the inclusion of communities in conservation and in tourism” — which is a step in the right direction.

The community conservancy

Back to Nashulai, a strong example of a community-owned conservancy. Director and co-founder Nelson Ole Reiya who grew up in the area began to notice the rate at which Maasai communities around the Mara triangle were selling or leasing off their land and often their rights to live and work on it as they did before, becoming what he refers to as “conservation refugees”.

In 2016, Ole Reiya set out to bring together his community in an effort to eliminate poverty, regenerate the ecosystems and preserve the indigenous culture of the Maasai by employing a commons model on the 5,000 acres on which the conservancy sits. Families here could have sold their ancestral land and moved away, but they have instead come together and in a few short years have done away with the fencing separating their homesteads from the open savannah. They keep smaller herds of indigenous cattle and they have seen the return of wildlife such as zebras, giraffes and wildebeest to this part of their ancient migratory route. Elephants have returned to an old elephant nursery site.

In contrast to many other nature reserves and conservancies that offer employment to the locals as hotel staff, safari guides or dancers and singers, Nashulai’s way of empowering the community goes further to diversify the economy by providing skills and education to the residents, as well as preserving the culture by passing on knowledge about environmental awareness. This can be seen in the bee-keeping project that is producing honey for sale, the kitchen gardens outside the family homes, a ranger training programme and even a storytelling project to record and preserve all the knowledge and history passed down by the elders.

They keep smaller herds of indigenous cattle and they have seen the return of wildlife such as zebras, giraffes and wildebeest to this part of their ancient migratory route.

The conservancy only hires people from within the community for its various projects, and all plans must be submitted to a community liaison officer for discussion and a vote before any work can begin.

Tourism activities within the conservancy such as stays at Oldarpoi (the conservancy’s first tented camp; more are planned), game drives and day visits to the conservation and community projects are still an important part of the story. The revenue generated by tourists and the awareness created regarding this model of conservation are key in securing Nashulai’s future. Volunteer travellers are even welcomed to participate in the less technical projects such as tree planting and river clean-ups.

Expressing his hopes for a paradigm shift in the tourism industry, Ole Reiya stresses, “I would encourage visitors to go beyond the superficial and experience the nuances of a people beyond being seen as artefacts and naked children to be photographed, [but] rather as communities whose connection to the land and wildlife has been key to their survival over time.”

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Battery Arms Race: Global Capital and the Scramble for Cobalt in the Congo

In the context of the climate emergency and the need for renewable energy sources, competition over the supply of cobalt is growing. This competition is most intense in the Democratic Republic of the Congo. Nick Bernards argues that the scramble for cobalt is a capitalist scramble, and that there can be no ‘just’ transition without overthrowing capitalism on a global scale.

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Battery Arms Race: Global Capital and the Scramble for Cobalt in the Congo
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With growing attention to climate breakdown and the need for expanded use of renewable energy sources, the mineral resources needed to make batteries are emerging as a key site of conflict. In this context, cobalt – traditionally mined as a by-product of copper and nickel – has become a subject of major interest in its own right.

Competition over supplies of cobalt is intensifying. Some reports suggest that demand for cobalt is likely to exceed known reserves if projected shifts to renewable energy sources are realized. Much of this competition is playing out in the Democratic Republic of the Congo (DRC). The south-eastern regions of the DRC hold about half of proven global cobalt reserves, and account for an even higher proportion of global cobalt production (roughly 70 percent) because known reserves in the DRC are relatively shallow and easier to extract.

Recent high profile articles in outlets including the New York Times and the Guardian have highlighted a growing ‘battery arms race’ supposedly playing out between the West (mostly the US) and China over battery metals, especially cobalt.

These pieces suggest, with some alarm, that China is ‘winning’ this race. They highlight how Chinese dominance in battery supply chains might inhibit energy transitions in the West. They also link growing Chinese mining operations to a range of labour and environmental abuses in the DRC, where the vast majority of the world’s available cobalt reserves are located.

Both articles are right that the hazards and costs of the cobalt boom have been disproportionately borne by Congolese people and landscapes, while few of the benefits have reached them. But by subsuming these problems into narratives of geopolitical competition between the US and China and zooming in on the supposedly pernicious effects of Chinese-owned operations in particular, the ‘arms race’ narrative ultimately obscures more than it reveals.

There is unquestionably a scramble for cobalt going on. It is centered in the DRC but spans much of the globe, working through tangled transnational networks of production and finance that link mines in the South-Eastern DRC to refiners and battery manufacturers scattered across China’s industrializing cities, to financiers in London, Toronto, and Hong Kong, to vast transnational corporations ranging from mineral rentiers (Glencore), to automotive companies (Volkswagen, Ford), to electronics and tech firms (Apple). This loose network is governed primarily through an increasingly amorphous and uneven patchwork of public and private ‘sustainability’ standards. And, it plays out against the backdrop of both long-running depredations of imperialism and the more recent devastation of structural adjustment.

In a word, the scramble for cobalt is a thoroughly capitalist scramble.

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Chinese firms do unquestionably play a major role in global battery production in general and in cobalt extraction and refining in particular. Roughly 50 percent of global cobalt refining now takes place in China. The considerable majority of DRC cobalt exports do go to China, and Chinese firms have expanded interests in mining and trading ventures in the DRC.

However, although the Chinese state has certainly fostered the development of cobalt and other battery minerals, there is as much a scramble for control over cobalt going on within China as between China and the ‘west’. There has, notably, been a wave of concentration and consolidation among Chinese cobalt refiners since about 2010. The Chinese firms operating in the DRC are capitalist firms competing with each other in important ways. They often have radically different business models. Jinchuan Group Co. Ltd and China Molybdenum, for instance, are Hong Kong Stock Exchange-listed firms with ownership shares in scattered global refining and mining operations. Jinchuan’s major mine holdings in the DRC were acquired from South African miner Metorex in 2012; China Molybdenum recently acquired the DRC mines owned by US-based Freeport-McMoRan (as the New York Times article linked above notes with concern). A significant portion of both Jinchuan Group and China Molybdenum’s revenues, though, come from speculative metals trading rather than from production. Yantai Cash, on the other hand, is a specialized refiner which does not own mining operations. Yantai is likely the destination for a good deal of ‘artisanal’ mined cobalt via an elaborate network of traders and brokers.

These large Chinese firms also are thoroughly plugged in to global networks of battery production ultimately destined, in many cases, for widely known consumer brands. They are also able to take advantage of links to global marketing and financing operations. The four largest Chinese refiners, for instance, are all listed brands on the London Metal Exchange (LME).

In the midst of increased concentration at the refining stage and concerns over supplies, several major end users including Apple, Volkswagen, and BMW have sought to establish long-term contracts directly with mining operations since early 2018. Tesla signed a major agreement with Glencore to supply cobalt for its new battery ‘gigafactories’ in 2020. Not unrelatedly, they have also developed integrated supply chain tracing systems, often dressed up in the language of ‘sustainability’ and transparency. One notable example is the Responsible Sourcing Blockchain Initiative (RSBI). This initiative between the blockchain division of tech giant IBM, supply chain audit firm RCS Global, and several mining houses, mineral traders, and automotive end users of battery materials including Ford, Volvo, Volkswagen Group, and Fiat-Chrysler Automotive Group was announced in 2019. RSBI conducted a pilot test tracing 1.5 tons of Congolese cobalt across three different continents over five months of refinement.

Major end users including automotive and electronics brands have, in short, developed increasingly direct contacts extending across the whole battery production network.

There are also a range of financial actors trying to get in on the scramble (though, as both Jinchuan and China Molybdenum demonstrate, the line between ‘productive’ and ‘financial’ capital here can be blurry). Since 2010, benchmark cobalt prices are set through speculative trading on the LME. A number of specialized trading funds have been established in the last five years, seeking to profit from volatile prices for cobalt. One of the largest global stockpiles of cobalt in 2017, for instance, was held by Cobalt 27, a Canadian firm established expressly to buy and hold physical cobalt stocks. Cobalt 27 raised CAD 200 million through a public listing on the Toronto Stock Exchange in June of 2017, and subsequently purchased 2160.9 metric tons of cobalt held in LME warehouses. There are also a growing number of exchange traded funds (ETF) targeting cobalt. Most of these ETFs seek ‘exposure’ to cobalt and battery components more generally, for instance, through holding shares in mining houses or what are called ‘royalty bearing interests’ in specific mining operations rather than trading in physical cobalt or futures. Indeed, by mid-2019, Cobalt-27 was forced to sell off its cobalt stockpile at a loss. It was subsequently bought out by its largest shareholder (a Swiss-registered investment firm) and restructured into ‘Conic’, an investment fund holding a portfolio of royalty-bearing interests in battery metals operations rather than physical metals.

Or, to put it another way, there is as much competition going on within ‘China’ and the ‘West’ between different firms to establish control over limited supplies of cobalt, and to capture a share of the profits, as between China and the ‘West’ as unitary entities.

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Thus far, workers and communities in the Congolese Copperbelt have suffered the consequences of this scramble. They have seen few of the benefits. Indeed, this is reflective of much longer-run processes, documented in ROAPE, wherein local capital formation and local development in Congolese mining have been systematically repressed on behalf of transnational capital for decades.

The current boom takes place against the backdrop of the collapse, and subsequent privatization, of the copper mining industry in the 1990s and 2000s. In 1988, state-owned copper mining firm Gécamines produced roughly 450 000 tons of copper, and employed 30 000 people, by 2003, production had fallen to 8 000 tons and workers were owed up to 36 months of back pay. As part of the restructuring and privatization of the company, more than 10 000 workers were offered severance payments financed by the World Bank, the company was privatized, and mining rights were increasingly marketized. By most measures, mining communities in the Congolese Copperbelt are marked by widespread poverty. A 2017 survey found mean and median monthly household incomes of $USD 34.50 and $USD 14, respectively, in the region.

In the context of widespread dispossession, the DRC’s relatively shallow cobalt deposits have been an important source of livelihood activities. Estimates based on survey research suggest that roughly 60 percent of households in the region derived some income from mining, of which 90 percent worked in some form of artisanal mining. Recent research has linked the rise of industrial mining installations owned by multinational conglomerates to deepening inequality, driven in no small part by those firms’ preference for expatriate workers in higher paid roles. Where Congolese workers are employed, this is often through abusive systems of outsourcing through labour brokers.

Cobalt mining has also been linked to substantial forms of social and ecological degradation in surrounding areas, including significant health risks from breathing dust (not only to miners but also to local communities), ecological disruption and pollution from acid, dust, and tailings, and violent displacement of local communities.

The limited benefits and high costs of the cobalt boom for local people in the Congolese copperbelt, in short, are linked to conditions of widespread dispossession predating the arrival of Chinese firms and are certainly not limited to Chinese firms.

To be clear, none of this is to deny that Chinese firms have been implicated in abuses of labour rights and ecologically destructive practices in the DRC, nor that the Chinese state has clearly made strategic priorities of cobalt mining, refining, and battery manufacturing. It does not excuse the very real abuses linked to Chinese firms that European-owned ones have done many of the same things. Nor does the fact that those Chinese firms are often ultimately vendors to major US and European auto and electronic brands.

However, all of this does suggest that any diagnosis of the developmental ills, violence, ecological damage and labour abuses surrounding cobalt in the DRC that focuses specifically on the character of Chinese firms or on inter-state competition is limited at best. It gets Glencore, Apple, Tesla, and myriad financial speculators, to say nothing of capitalist relations of production generally, off the hook.

If we want to get to grips with the unfolding scramble for cobalt and its consequences for the people in the south-east DRC, we need to keep in view how the present-day scramble reflects wider patterns of uneven development under capitalist relations of production.

We should note that such narratives of a ‘new scramble for Africa’ prompted by a rapacious Chinese appetite for natural resources are not new. As Alison Ayers argued nearly a decade ago of narratives about the role of China in a ‘new scramble for Africa’, a focus on Chinese abuses means that ‘the West’s relations with Africa are construed as essentially beneficent, in contrast to the putatively opportunistic, exploitative and deleterious role of the emerging powers, thereby obfuscating the West’s ongoing neocolonial relationship with Africa’. Likewise, such accounts neglect ‘profound changes in the global political economy within which the “new scramble for Africa” is to be more adequately located’. These interventions are profoundly political, providing important forms of ideological cover for both neoliberal capitalism and for longer-run structures of imperialism.

In short, the barrier to a just transition to sustainable energy sources is not a unitary ‘China’ bent on the domination of emerging industries as a means to global hegemony. It is capitalism. Or, more precisely, it is the fact that responses to the climate crisis have thus far worked through and exacerbated the contradictions of existing imperialism and capitalist relations of production. The scramble for cobalt is a capitalist scramble, and one of many signs that there can be no ‘just’ transition without overturning capitalism and imperialism on a global scale.

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

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