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REAPING FROM THE MUSTARD TREE: The grave mistakes that will lead to Museveni’s downfall

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The rise of Bobi Wine is being propelled by the historically unwise imposition of taxes that hurt Uganda’s poor. By A.K. KAIZA

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REAPING FROM THE MUSTARD TREE: The grave mistakes that will lead to Museveni’s downfall
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A spine of low points in the land upon which Kampala sits runs from the Makerere hill north of the city centre, flowing past the foot of Old Kampala from where it enjoins Nakivubo Channel, and thenceforth, takes a long turn southeast, flanking the city in its race to deposit its drainage into Lake Victoria. A century ago, this malarial spine divided the Buganda kingdom headquarters from the fast-rising and apartheid-style white-and-Asian-only Protectorate zone, which is now the capital of Uganda.

Back then, Kampala still referred to the one hill, now called Old Kampala. But in 1902, the colonial government had violently annexed the biggest and longest hill in the area, Nakasero, and at the close of the First World War, it had firmly established its presence there. The handful of original streets, still named now as then, such as Kyagwe, Allen, Johnson, William, MacKay and Bombo Road, were already operational. The colonial arrangement had nominally left Buganda in charge of the bulk of the area. But by the 1920s all the lands in what is now a metropole city was already gaining the name Kampala.

Thousands of Africans were forcibly removed from Nakasero, and later Makerere, Kololo, and very much later, Naguru and Mbuya hills, to create room for Europeans and Asians. It was from this spine, whose central lumber would quickly become Kisenyi, that the first urban uprisings would occur, and also the last one. When anti-colonial feelings ran high, like when the era of mass taxation started in the World War I years, and when drafts to the First and Second World Wars drained African incomes and lives, troubles started from this spine.

These things don’t change. A hotbed of illicit brewing (yes, that prohibition era was bigger than America’s), thievery, prostitution, and worse, Kisenyi was outside the opulence of the Protectorate zone, outside of the control and native culture of Buganda; it was outside of the law, of morality even. Kisenyi was outside of care and love. The house servants labouring in the Protectorate zone lived in this slum.

It was here, Kampala’s seminal ghetto, that the former Ugandan president, Apollo Milton Obote, briefly stayed, and it was in Kisenyi that the late James Mulwana, who would become an industrialist after colonialism, started his business as well as his newspaper, and where the music genre, Kadongo Kamu (one man band) was born.

And so when in July 2018 – a century after the British poll tax imposed unjust levies on every adult black male just for existing – the Yoweri Museveni government introduced a raft of taxes targeted at electronic economics (which is the new “land” for the new peasantry of electronic money), my mind ran to Kisenyi. Museveni was making enemies with that class of people all wise rulers try and befriend – the poor.

The poll tax (graduated tax or GT) and the hut tax had invented poverty in the colony, for poverty is a social relationship, not material dearth. The tax was designed to simultaneously collapse the African economy and force Africans to work for European and Asian capital to propel the growth of the monetary economy. The taxes broke families, introduced overcrowding, and with overcrowding, the communicable diseases which are still killing us. Neither Obote nor Idi Amin went after the poor. They protected them, no doubt one secret reason Museveni received clandestine support for his war from dark sources to fight them.

And so when in July 2018 – a century after the British poll tax imposed unjust levies on every adult black male just for existing – the Yoweri Museveni government introduced a raft of taxes targeted at electronic economics (which is the new “land” for the new peasantry of electronic money), my mind ran to Kisenyi. Museveni was making enemies with that class of people all wise rulers try and befriend – the poor.

Poverty, which is exclusion from communally-generated surplus rather than a product of laziness, is created by the law. Taxes relocate surpluses from the majority to the minority by taking away their matooke and their aspirins, both in short supply now. The essential act of decolonisation, seen without the political and social rigmarole, would essentially be the elimination of regressive taxes and the re-capitalisation of black African enterprises. Since the colonial system could not empower Africans and still be colonialism, the elimination of the colonialist was necessary for the survival of black people. And yet, one hundred years later, a small coterie in Uganda today is standing in the place of the colonial elite, the wealthy and the untaxed, whilst the majority are forced into poverty and the little they have is taken away. The moral odium of the Museveni koffle stinks a hundred times worse.

It may have been the most ideological thing Museveni did since starting his war, but the taxes, if we had cared enough to see, had been a long time coming. Museveni has been steadily reversing the gains of independence for reasons only he and his backers know and which have been kept from us, the citizens of Uganda. This reversal has been achieved by the steady build-up of foreign takeover of key enterprises, which then stop paying taxes.

Just like the British mass taxation created lasting poverty in Eastern Africa (and elsewhere via other policies), this new regiment of taxes has the impact, in one fell swoop, to eventually eliminate all the economic gains achieved since decolonisation. But it will do more than that. It has begun to legislate poverties which will doubtless take a century to overturn.

There is a very discomforting parallel between the Museveni government and the early colonial government in this country. Museveni has run a script so close to that of the preeminent colonial collaborator, Sir Apolo Kagwa, the Prime Minister of Buganda from 1890 to 1926, that it makes you more than uncomfortable. There is the fact that both men came to power through the gun (Kagwa in the late 1880s, Museveni the late 1980s) with the firm support of Great Britain; both men were praised as progressives by outside forces; both implemented land grabs on an industrial scale; both oversaw genocidal civil wars for decades; both turned their ethnic group into wealthy rulers over the rest of the country. And to further stagger the mind, both men witnessed land commission inquiries into land thefts they both instigated.

But the downfall of Kagwa had become inevitable by 1920, the situation he created having thrown Buganda into such calamity that deep into the 1930s, the British had to encourage immigration from Rwanda, Burundi, Belgian Congo and the West Nile to fill up the labour shortage from three decades of population decline – from the colonial war, famine, disease and forced labour. It was the 1890s, and not the 1960s, which crippled Buganda, but the kingdom never admits this.

There is a very discomforting parallel between the Museveni government and the early colonial government in this country. Museveni has run a script so close to that of the preeminent colonial collaborator, Sir Apolo Kagwa, the Prime Minister of Buganda from 1890 to 1926, that it makes you more than uncomfortable.

In 1918, it was poll tax and hut tax. In 2018, it is social media tax and mobile money tax. Both target the same people, the poor. At 1 per cent, the mobile money tax may look small to government officials who profit by graft, but in the real world, this tax is crippling the majority of Ugandans. Here is an illustration to explain why the country is burning:

For one week after July 1st, the young man (who I will call Nyanzi) who loads my mobile money account, did not send me the airtime I had already paid for. When I finally ran into him, he told me “things are hard nowadays. I have no float”. “Float” is the capital in a money agent’s account to enable him to transact.

That afternoon, around the 7th of July, I was on my way back from the market, wincing from the fact that a kilo of beef was selling at USh12,000, up from Ush10,000 the week before, a 20 per cent increase. The matatu from Kampala to Entebbe was now costing USh3,500, up from USh3,000. In the real world, 1 per cent meant job loss for Nyanzi. It meant an entire quarter kilo of beef docked from the scale, and in mileage terms, it meant you stopped 5 kilometers short of reaching Kampala.

I deliberately simplify the matter since other factors were at play, also to do with taxes, like the one on fuel. But there were tens of thousands Nyanzis in the country, and millions of Kaizas unable to balance budgets. How did the 1 per cent tax play out?

Take a theoretical USh1 million (US$267) needed to transport matooke from Bushenyi to Kampala. The truck owner sends money for fuel via mobile kiosk to his driver. The truck owner likely received the capital through his phone and transferred it to the farmer’s phone, and the farmer transferred it to a farmers’ SACCO, repaying the loan he had received to buy seedlings. The money – that USh1 million – would in one day have changed hands four times:

At the beginning of the day, when the purchaser received it on his phone, he lost USh10,000 to the tax man (that 1 per cent); the second transfer, to the farmer, the remaining USh990,000 lost a further USh9,900; USh 980,100 is docked down to USh970,299 at the end of the day, which means that USh29,701 has been lost in taxes. This is again simplifying it. There were the old mobile money transfer costs which the telephone company, the kiosk operator, and even the government, charged, meaning that since sums between USh0.5 million to USh1 million attract a USh12,500 withdrawal fee, the total withdrawal fee, minus the taxes, fetched up to USh 50,000.

The charges don’t stop there. There is also the USh8,000 sending fee each would have paid (assuming they are all registered mobile money users). So, in total, USh88,000 has been lost in moving USh1 million, that’s a total of 8.8 per cent, not 1 per cent. The sheer costs are likely equal to the total profits for that unit of matooke costing USh1 million. The final cost will be transferred to the consumer. But is the “final consumer” not a fictional persona?

The initial transfer began with Nyanzi, from whose kiosk the USh1 million was sent in the morning. But Nyanzi also buys lunch worth USh3,500 from Mama Sam each day, and Mama Sam bought a bunch of matooke transported with the money he sent. Mamma Sam paid an extra USh5,000 for matooke that day. She increases Nyanzi’s lunch cost to USh4,500 a plate on the day Nyanzi made 40 per cent less money because customers like myself preferred to carry money on our person, for when we want it. So even the original USh3,500 a plate would have been unaffordable.

Nyanzi cannot afford lunch now. He eats mainly matooke. He is not at liberty, like the farmer, the transporter and Mamma Sam, to ask customers to pay more. His margins are pre-set by the telephone company. Like his great-grandfather in 1918, who faced with the twin poll and hut tax, Nyanzi will leave his village and move to town to forage. In town, he will end up in a slum. There, he will eat one meal a day, for the final burden of costs faced by the chain of buyers and sellers is the poor man’s stomach. Nyanzi’s stomach is just like his great grandfather’s stomach in 1918. Nyanzi never finished school because his great-grandfather was unable to educate his grandfather. Thrown off their lands by Kagwa, his grandfather lived in poverty through the 1940s and ‘50s, and sent only one son, Nyanzi’s father, to school in the 1960s but could not pay fees beyond O’ Level in the 1980s. In the 1990s, his ethnicity prevented him from advancing, as did his grandfather’s race in the 1930s. His son, Nyanzi, dropped out of O’ Level in the 1980s.

These are the intricacies of taxation that governments generally keep common people from understanding, harping instead about law and order and hard work. The revolutionary moment comes when people on the streets or in the slums instinctively understand taxes, and connect them to their missing lunch.

It was via Kampala’s slums that Robert “Bobi Wine” Kyagulanyi rose up to become the most important challenger Museveni has ever faced. He is also that singular historical figure – the great simplifier.

These are the intricacies of taxation that governments generally keep common people from understanding, harping instead about law and order and hard work. The revolutionary moment comes when people on the streets or in slums instinctively understand taxes, and connect them to their missing lunch.

***

From the highest point on the curve, looping Butiikiro Road in Kampala, which sits on the old Buganda government territory, just edging Kisenyi, you still see the scars left by the politics of Sir Apollo Kagwa, from the rusty, dusty spine from Kisenyi to Kivulu slum below Makerere hill. On Monday, August 20th, this route was marked by rising black smoke. Smoke was also rising in other parts of Kampala and the country. A national protest movement had started. Unlike the 1950s, the movement had also become international, with people in South Africa, the United States and Kenya protesting against Museveni, a first for a Ugandan leader.

The connection between the most important tax since the colonial governorship of Coryndon in the early 1920s, and the violence in Arua, cannot be ignored. The killing of Yasin Kawuma, Kyagulanyi’s driver, in Arua, is like the shooting to death of five people in January 1945 by the British in similar protests around the country. What August 2018 has done is bring complex issues down to levels that are clear to everyone now: The political and economic elite will not take responsibility. They steal and pay themselves huge sums whilst the multinational “investor” corporations dodge taxes. The gates have been shut on forgiveness and redemption. The expansion of financial inclusion, which mobile money made possible, has been cut short, and with it, the lives of millions have been ruined.

There is something of the ancien régime in Uganda now; an arrogant monarch, an out of touch elite, poverty, disease, hunger, ruinous foreign wars. As if this was not enough, the government had to go ahead and impose a punitive tax.

The gruesome details of how Kyagulanyi was tortured made you close your eyes in horror (genital-pull and metal bar to the head). At the age of only 36, Kyagulanyi, aka Bobi Wine, who from since he was in his early 20s has been singing about the nastiness of Ugandan life, has become the biggest threat to Museveni’s political career in ways that Col. Kizza Besigye was not.

With Besigye, there was some kind of parity with Museveni. They had one time been comrades, had fought the same war and had been close to the same woman. You could read nuance into the struggle. Having followed Museveni for 18 years before the rupture, you could question Besigye’s judgment.

The gruesome details of how Kyagulanyi was tortured made you close your eyes in horror (genital-pull and metal bar to the head). At the age of only 36, Kyagulanyi, aka Bobi Wine, who since he was in his early 20s has been singing about the nastiness of Ugandan life, has become the biggest threat to Museveni’s political career in ways that Col. Kizza Besigye was not.

Kyagulanyi was not even born when Museveni started his bush war. Unlike Museveni and Besigye, he rose from the underclass, and made his own money the hard way. A great-grandchild of Apollo Kagwa’s victims, Kyagulanyi is a critic, not just of Museveni, but of the entire history of the making of Uganda. His fight is so deeply rooted, so fundamental, that despite his own claims to decolonisation, Museveni is only a detail in the war Kyagulanyi is fighting. Bobi Wine’s war is history, a battle in which Museveni now plays a bit part. The realisation that Kyagulanyi dwarfs him scares Museveni who, while auditioning for the part of Napoleon, has ended up playing Pol Pot.

People – Ugandans and non-Ugandans – even if they don’t know the intricacies of the history of poverty-creation in Uganda, instinctively understand this. The sub-plots tell important stories nonetheless.

I recollect writing in the July 2011 issue of the Nairobi Law Monthly, and in The East African during the Arab Spring, that the Walk2Work demonstrations in Uganda would leave Museveni untouched. I did not anticipate then that this was a mere precursor to bigger things in the near future. Museveni’s government was back then internally intact. He had not yet made tactical errors (anti-gay bill, lifting presidential age limits) which would cement in local and international minds what a few of those with insight into his regime had been saying for decades. Opposition to his rule had been top-down, the Kampala elite leading a few towns in opposition.

The “tipping point” was yet to come. And it arrived in September 2017 when Museveni’s bodyguards invaded parliament and beat up MPs, who included my mother’s elderly uncle, as well as Bobi Wine.

I need not repeat it, but another parallel with Apollo Kagwa is that it was around 1917 that real trouble started for Kagwa, the majority year when the child king, Daudi Chwa, in whose name Kagwa had pillaged and impoverished Buganda, and exported genocidal wars to Bunyoro and beyond, became a man. Kagwa was no longer regent and even the British could no longer ignore his greed for wealth and power. A century later, in September 2017, in another sterling parallel, Museveni engineered the removal of the age limit embedded in the 1995 constitution that he himself signed into force. To try and cement his wealth and power, Kagwa had attempted to create an upper chamber for the Buganda parliament, which he intended to stuff with his newly landed gentry cronies. This would balance the power between him and the now adult king. Opposition sprung up in places none had expected. This was during a year in which a spate of murders had exposed the degree to which his government was unable to govern.

The “tipping point” was yet to come. And it arrived in September 2017 when Museveni’s bodyguards invaded parliament and beat up MPs, who included my mother’s elderly uncle, as well as Bobi Wine.

But in 2017 the question was: If Museveni could not stop the killing of an Assistant Inspector General of Police and 22 young women, what did he want to govern for life for?

Museveni was in such a mess that he did not even need to commit new crimes for moods to sour against him. Lifting the age limit recycled and presented in bad light even the good he had done in 30 years. But he just had to go ahead and impose crippling taxes on the poor. That, at a time when multinational corporations and “foreign investors” had been enjoying tax holidays for decades.

The new, some say, “unlawful” (but law is what parliament says it is, so they are lawful), taxes are what Museveni should have studiously avoided. As long as opposition to his rule was led by elites like Col. Besigye, who came with the shadow of prior association with Museveni, he was in a safe place.

But Museveni is a proud man. He was at one time a savvy man too. Now he is tired. He has made Col. Besigye irrelevant. The people Besigye had attempted to lead are now leading themselves. The elite never trusted Museveni. Now the poor revile him.

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A.K. Kaiza is a Ugandan writer and journalist.

Politics

Wakasighau: The Forgotten Victims of British Colonial Land Dispossession

The effects of the British colonial policy of subjugation through dispossession and exile continue to reverberate among the Wakasighau.

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Wakasighau: The Forgotten Victims of British Colonial Land Dispossession
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Two years have gone by since I last saw Mzee Joshua Mwakesi Mwalilika. He hasn’t changed a bit. His birth certificate says he was born in 1923. This means that Mzee Mwalilika is just two years shy of a hundred. He says that the birth certificate is wrong, that he was actually born in 1921. Mzee Mwalilika is from Taita, of the Wakasighau, a people who were uprooted from their native Kasighau region and exiled by the British to Malindi where they languished for over twenty years.

It all started in August 1915, at a time when Kenya was under British colonial rule and neighbouring Tanzania, then Tanganyika, was under the Germans. World War I had begun and, being so close to the border with Tanganyika, Kasighau was bound to suffer the effects of the war. When the Germans attacked the British, the British took revenge on the local African populations.

“All the houses were torched in the entire Kasighau on August 11th 1915. From Kigongwe, Makwasinyi, Jora, Kiteghe, Bungule, and Rukanga,” recalls Mzee Mwalilika. It was the handiwork of the British; they were on a punitive expedition against the Wakasighau whom the British suspected of having betrayed them to the Germans. A few days prior, the Germans had  carried out a night raid on the British garrison at Kasighau, committing a massacre. This was eight years before Mzee Mwalilika was born.

One version of the events is that after the attack, the Germans wrote a letter to the British claiming that the locals had voluntarily betrayed them, which prompted the British to retaliate. At Rukanga Village in Kasighau, retired teacher Jonathan Mshiri, now aged 71, says that local accounts of the events tell of two individuals from the area who unknowingly directed some Germans who were on a spying mission to where the British had set up camp.

“Two people were harvesting honey in the bush and the soldiers came and interrogated them and said, ‘Can you show us where the wazungu are?’” says Mwalimu Mshiri. “They used the term wazungu not British, so Kinona and Mwashutu thought that these white people were just friends of fellow white people. They did not know that these were Germans.”  The Germans laid waste to the British garrison at Jora in Kasighau and 38 British soldiers, including their captain, were taken captive by the Germans. This enraged the British so much that they decided to exile the entire Kasighau community.

For the Kasighau people, the British chose Malindi. After torching all the houses in the five villages, they rounded up all the people and gathered them at a place that was central to all the villages. “The British chose these open grounds because it gave them a view of Tanganyika where the Germans had come from,” explains Ezra Mdamu, a descendant of the survivors. “They also hoped that some of the villagers would have a better chance of pointing out exactly where the Germans had headed to. The people were also subjected to torture to extract information from them.”

The Wakasighau were then forced to march to Maungu Township, some 35 kilometres by today’s roads. From Maungu to the border at Holili is 144 kilometres using today’s road network, if indeed the German attackers had come through Holili.

The captives were herded into train wagons and taken to Malindi where the British had prepared the ground by forewarning the Giriama that the Wakasighau were cannibals.

At Maungu, the captives were herded into train wagons and taken to Malindi where the British had prepared the ground by forewarning the Giriama that the Wakasighau were cannibals. “What the new hosts did was put poison in the water holes, and this led to many deaths amongst our people,” Mwalimu Mshiri explains.

Macharia Munene, professor of History and International Affairs at the United States International University, says that using exile as punishment summarizes the colonial policy of subjugation and dispossession of local peoples.

“Most of these people who were deported were individuals, people trying to challenge colonial authority,” he says, “but colonialists also deported groups of people, often to hostile, undesirable places.”

Return to Kasighau

The plight of the Kasighau in their new land did not go unnoticed, and various parties, including church organizations, brought pressure to bear on the colonialists to review their position. But it was not until 1936 that the Kasighau people were allowed to return home, only to find most of their land gone.

“All the land around Kasighau Hill was termed as hunting blocks where the British people could hunt. The block here was called ‘66A’, the Kasighau people were only confined to a 10km² block around the hill called ‘Trust Land’. The rest of the land was called ‘Crown Land,’” says Mwalimu Mshiri.

It was not until 1936 that the Kasighau people were allowed to return home, only to find most of their land gone.

After independence in 1963, Crown Land became State Land and some of the remaining land was handed over to ex-WWII British colonial soldiers. The people of Kasighau were not represented at the time and the remaining land was subdivided into ranches that today surround the 10km² settlement area. It is within some of these ranches that mineral deposits and precious stones are found, and there are frequent tussles between the youth, miners and investors.

According to a report titled The Taita Taveta County Integrated Development Plan 2013-2017, only 35 per cent of all landowners possess title deeds. The report says that land adjudication was ongoing to ensure that all landowners possess title deeds. The 2019 census puts the population of Taita Taveta at 340,671. Kasighau Ward alone is home to 13,000 people. The majority say they do not have title deeds.

No land, more problems

In February 2019, a group of young men from Kasighau descended on a disputed mine inside Kasighau Ranch. Around the mining area are mounds of earth and makeshift tents. People selling foodstuffs have followed in the wake of the miners. Those mining say they are simply going for what they believe belongs to them. They do not have the heavy equipment needed for serious mining operations such as earthmovers or elaborate underground mining shafts. They are artisanal miners who rely on simple tools such as hoes, spades and mattocks.

“When we young people saw that we did not have leaders serious on championing our rights, we decided to have our own revolution,” says Elijah Mademu, a youth leader. “We decided to redeem our lost lands, lands rich in mineral resources. There are about 500 young men and women eking out a living from these minerals.”

According to retired Kasighau Location chief Pascal Kizaka, the occupation of the mine can be attributed to population pressure and young people running out of options. “Every economic activity starts with land. Without land, you are like that person who is given water but cannot drink it,” he says.

Prof. Macharia says land ownership remains a significant cause of conflict across much of Kenya where land issues remain unresolved. “The government, particularly the area MP and area governor, because they have power, they should raise the issue and say, these are our people, so process their [land] titles.”

However, Taita Taveta Lands County Executive Committee member Mwandawiro Mghanga disputes the assertion that the county or the leadership at the local level are fully able to resolve the issue of title deeds, arguing that land and natural resources adjudication have not been fully devolved.

“It is true in this matter there are injustices, but on title deed issues even the entire Taita Taveta County has the same problem. In Kasighau the plan is to let them get the title deeds alongside the rest of the county”, he says.

“Of course there are six ranches, agriculturally-driven ranches (ADR’s) and there’s Kasighau Ranch which is very large. . . . There should not be a drive motivated by the capitalist system to grab ranches. What needs to be done is that everyone who needs a title for land to settle should have access to it.”

“Without land, you are like that person who is given water but cannot drink it.”

Land alone might not be the only thorny issue. Chief Kizaka laments that throughout his time living and working in the area, local Kasighau people have noticeably been lagging behind even in education matters. For instance, a 2013 report on inequalities compared Kasighau Ward to neighbouring Mbololo ward and found that only 8 per cent of Kasighau residents have a secondary education or above. A Kenya National Bureau of Statistics report titled Exploring Kenya’s Inequality: Pulling Apart or Pooling Together? shows Kasighau’s literacy rates to be four times less than Mbololo’s 32 per cent of the population who have gone beyond secondary school education.

“By independence time, we had only three primary schools, in Bungule, Rukanga and Mwakwasinyi. Illiteracy was very high. You can imagine, illiterate parents producing illiterate children,” bemoans Chief Kizaka. “There is no movement. The number of locals in school is very low. Compared to many parts of the country where locals are the majority, here we do not dominate.”

Today, Mwalimu Jonathan Mshiri says the thought of squeezing almost his entire descendants onto 15 acres of land troubles him daily. He knows too well that already the 13,000 Kasighau residents, whose numbers are increasing, are also facing the difficulty of having to make do with 10 square kilometres of land.

“We are the Kasighau people, we belong to this mountain and the surroundings, why are we not being given the priority?” he asks.

It is 6 p.m. and as the sun sets in the west, in the direction of Tanzania, it casts a golden glow on the Kasighau massif, but the dark despair of the Wakasighau remains.

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Politics

Big Pharma and the Problem of Vaccine Apartheid

In this report on the TWN-Africa and ROAPE webinar on vaccine imperialism held last month, Cassandra Azumah writes that the unfolding vaccine apartheid which has left Africa with the lowest vaccination rates in the world is another depressing example of the profit and greed of Big Pharma facilitated by imperialist power.

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The webinar on ‘Vaccine Imperialism: Scientific Knowledge, Capacity and Production in Africa’ which took place on 5 August 5, 2021, was organized by the Review of African Political Economy (ROAPE) in partnership with the Third World Network-Africa (TWN-Africa). It explored the connections and interplay of Africa’s weak public health systems, the profit and greed of Big Pharma enabled by the governments of the industrialized Global North, and the Covid-19 pandemic from a political economy perspective. This report summarizes the main discussions held during the conference, including an overview of each of the main points discussed. The webinar was the first in a three-part series of webinars scheduled by the two organizations under the theme Africa, Climate Change and the Pandemic: interrelated crises and radical alternatives.

The format of the event involved keynote presentations from three speakers, a five-minute activist update on the COVID-19 situation from two African countries, and an interactive discussion with participants. Chaired by Farai Chipato, a Trebek Postdoctoral Fellow at the University of Ottawa and ROAPE editor, the session included presentations from Rob Wallace, an evolutionary epidemiologist and public health geography expert at the Agroecology and Rural Economics Research Corps; Tetteh Hormeku, Head of Programmes at Third World Network-Africa (TWN-Africa) and Marlise Richter, a senior researcher at the Health Justice Initiative in South Africa.

The current state of the pandemic – Rob Wallace

Rob Wallace began the session by providing a global perspective on the current state of the COVID-19 pandemic. He presented data showing that though the total number of vaccinations are increasing, the percentage of people fully vaccinated is concentrated in the West. We are currently experiencing a third wave of the pandemic, which is being driven by the delta variant. Though the cases in Africa are relatively lower than in other parts of the world, it is still a marked increase from the first and second waves which were less severe. This is not the trajectory that was predicted for COVID-19 on the continent in the early days of the pandemic. Marius Gilbert et al had speculated that Africa would be vulnerable to the virus due to a lower public health capacity and underlying co-morbidities that might increase the spread and damage of the virus. However, the incidence of the virus has played out in a different way, Africa’s cases are not as high as that of other continents. The possible reasons that have been given for this are: demographics (a younger population), open housing (which allows greater ventilation), and an ongoing circulation of other types of coronaviruses which have induced a natural, partial immunity in the population.

Wallace also commented on herd immunity, stating that it is not a panacea for defeating the virus. He referenced a paper by Lewis Buss et al on COVID-19 herd immunity in the Brazilian Amazon which found that although 76% of the population had been infected with the virus by October 2020, they had not achieved herd immunity (which is usually estimated at 70-75%), and proliferation of the virus was ongoing. He pointed out that the key lesson from this study is that there is no magical threshold for herd immunity; it may be different for different populations or there may be no threshold at all.

Likewise, he contended that defeating COVID-19 has little to do with vaccination as a silver bullet, but much to do with governance and the wellbeing of the population being at the crux of any public health decisions a government would take. A multi-pronged approach should be taken to defeat the virus, one that includes vaccinations, wearing of masks, social distancing, and testing and tracing. He argued however, that in the neoliberal regimes of the industrialised North, dealing with COVID-19 is organized around profit.

This was not the case in the early days of the outbreak. Initially, the World Health Organisation (WHO) and the National Institutes of Health (NIH) in the US were in favour of having open medicine and making sure any pharmaceutical products produced to fight the virus were free to all. To this end, WHO developed the COVID-19 Technology Access Pool (C-TAP). However, the lobbying of Big Pharma and the likes of Bill Gates worked to centre the COVID-19 response around the model of intellectual property rights. This has had a considerable impact on the evolution of the virus, allowing it enough room to evolve such that pharmaceutical companies can make profits by selling booster shots of the vaccine. According to Wallace, this speaks to the “sociopathic nature” of the neoliberal regimes in the Global North who are willing to put the profits of Big Pharma over the lives of people. He opined that we need to act in solidarity to create a system in which disparities between the Global South and Global North are removed.

Health justice and the pandemic in South Africa – Marlise Richter

Marlise Richter’s presentation shed light on the work of the Treatment Action Campaign (TAC) and the lessons that can be learnt from their struggles for access to medicines (in particular ARVs). She pointed out that the TRIPS agreement (Trade-Related Aspects of Intellectual Property Rights – TRIPS – is a legal agreement between member states of the World Trade Organisation) had a big impact on how the HIV/AIDS epidemic was addressed, resulting in a limited number of ARVs reaching the Global South.

The HIV epidemic was particularly acute in South Africa, the number of people living with the virus ballooned from 160,000 in 1992 to over 4.2 million people by 2000. At this time, ARV’s had been developed but were unaffordable in Africa, costing up to US$10,000 a year in 1998.

The TAC used multiple strategies such as skilled legal advocacy, high quality research, social mobilization, demonstrations, and public education to fight the pharmaceutical industry and their abuse of intellectual property rights protections. It joined the case brought by the Pharmaceutical Manufacturers Association (PMA) against the South African government for allowing parallel importation of drugs in order to bring down prices of medicines. Its intervention contributed to pressuring the PMA to withdraw its claims in 2001. In addition, it applied pressure at the 13th International AIDS Conference in Durban in 2000 by staging a march to highlight the danger of President Mbeki’s AIDS denialism and demanded access to ARVs in Africa.

From 1999 onwards, the TAC also campaigned for a national prevention of mother-to-child transmission of HIV. This case was won at the high court and precipitated a national ARV roll-out plan in April 2004. Finally, in 2002, TAC and the AIDS Law Project filed a complaint with the Competition Commission against GlaxoSmithKline (GSK) and Boehringer Ingelheim arguing that they violated the competition law by abusing their dominance in the market and charging excessive prices for ARVs. This forced the companies to reach a settlement in 2003 leading to a drastic cut in ARV prices. By employing these tactics, the TAC and other activists were able to transform both the national and global conversation on drug pricing, eventually leading to South Africa having the largest HIV treatment program globally and pharmaceutical companies reducing the prices of ARVs.

Following the success of the campaigns to provide access to ARVs in Africa, activists in the Global South fought for the Doha Declaration. The Doha Declaration waived some of the provisions in TRIPS in order to prevent public health crises and promote access to medicines for all. However, Richter commented that not many of these flexibilities have been used. She posits that this is due to immense political pressure from the West. The US in particular has singled out governments that seek to use the TRIPS flexibilities and placed them on the US Special 301 Watch List.

Returning to the present, Richter presented data that showed that on 3 August, there have been just under 200 million confirmed cases and over 4.2 million deaths of COVID-19. 28.6% of the world’s population has received at least one dose of the vaccine with 14.8% fully vaccinated. But to give a sense of the disparity in vaccine administration across the world, she indicated that 4.21 billion doses have been administered globally with 38.67 million administered daily, but in low-income countries only 1.1% of people have received at least one dose. Narrowing it down to Africa, only 1.58% of the population has been fully vaccinated. This variance in administered vaccines is also present across the continent. In July 2021, Morocco had 28.9% of its population fully vaccinated, Botswana and South Africa had 5.3% and 5% of their populations fully vaccinated, and the Democratic Republic of the Congo had 0%. These incongruities are also evident when we assess the number of vaccines promised against vaccines delivered, with South Africa receiving only 26% of the vaccines promised. Continuing at the current pace, it would take South Africa two years and three months just to vaccinate 67% of its population.

Richter quoted the WHO Director-General saying, “The world is on the brink of a catastrophic moral failure – and the price of this failure will be paid with lives and livelihoods in the world’s poorest countries.” Following from this, she believes that it makes ethical sense and public health sense for vaccines to be distributed equitably amongst the world’s population. In a bid to fight for vaccine equity, South Africa and India co-sponsored the TRIPS waiver in October 2020. If successful, this waiver will bring about flexibilities in the TRIPS agreement which would have an immense impact on the manufactured supplies of vaccines and other medical goods. For the waiver to be passed, a consensus amongst all member states of the WTO needs to be reached. While the waiver is supported by over 100 countries (predominantly in the Global South), it has been blocked most notably by the EU, Australia, Norway and Japan, countries which have enough vaccines to vaccinate their population many times over. Putting this into perspective, in January 2021 the EU had 3.5 vaccines per person and Canada had 9.6 vaccines per person, as compared to 0.2 vaccines per person in the African Union. By blocking this waiver, the industrialised North is further entrenching the extreme inequalities currently faced by the Global South.

Richter concluded her presentation by speaking on a recent development in South Africa, where Pfizer-BioNtech has recently signed a ‘fill and finish’ contract with the Biovac Institute. She claimed that while this is a first step in developing manufacturing capacity, it is not enough to achieve vaccine independence because it does not include the sharing of Pfizer-BioNtech’s technology or know-how. In addition, the ‘fill and finish’ approach does not address issues of security of supply, nor does it allow local manufacturers the freedom to make their own pricing decisions. She believes that if we start from the premise that health is a human right, as the TAC does, we will regard health equity and especially vaccine equity as essential in the struggle against the pandemic.

The political economy of the continuing fight against intellectual property rights negatively affecting public health goods in Africa – Tetteh Hormeku

Tetteh Hormeku’s presentation was centred around the challenges that African countries have confronted in the process of trying to develop their own pharmaceutical capacity. These challenges go beyond the struggles for the TRIPS waiver and include the impact of some of the choices governments have made. He focused on two interrelated points that frame the predicament of African countries in relation to the current vaccine situation:

1) The vaccine process is dominated by pharmaceutical Multinational Corporations (MNCs) based in the advanced industrial countries and supported by their governments. The controversy around the TRIPS waiver is a clear example of the extent to which advanced countries and their MNCs would like to hold on to their place in the international order.

2) On the non-existent domestic pharmaceutical capacity in African countries, Tetteh explained that he uses the phrase “domestic pharmaceutical capacity” because:

  • It does not include a subsidiary of an MNC signing a production agreement with a local African company.
  • The word ‘domestic’ combines both the local character of production and the fact that it is embedded within the nation, its challenges, people, drives and imperatives.
  • It does not refer to nations alone, but also to regional and continental initiatives.
  • It captures pharmaceutical capacity beyond the production of vaccines.

Tetteh provided the following case-study to show how these two points are interrelated. 24 February marked the first shipment of COVID-19 vaccines to Ghana, and there was an optimism that it would be the beginning of a steady supply of vaccines to the country – six months later, less than 2% of the population has been vaccinated. Around the time Ghana received this first shipment, it was in talks with the Cuban government for support on the transfer of technology to improve its pharmaceutical capacity.

This date in February also marked the anniversary of the overthrow of Kwame Nkrumah in 1966. Six months before the coup Nkrumah’s government had established a state pharmaceutical enterprise. After the coup, the military government tried to hand it over to Abbott Laboratories, an American pharmaceutical company, under such outrageous terms that the resulting backlash from the populace led to the abandonment of this plan.

The creation of a state-owned pharmaceutical enterprise in Ghana and in other African countries in the post-independence era was a reaction to colonial policies which deliberately curtailed the production of knowledge and science across the continent. The aim of developing a pharmaceutical industry domestically was to intervene on three levels:

  • Creating an industry with the technical know-how and the machinery to be able to participate in the production of pharmaceutical products.
  • Creating an industry which is linked to the process of developing and building knowledge and being at the frontiers of knowledge. This involved creating linkages with universities and scholars.
  • Making use of traditional sources of medical knowledge. The state pharmaceutical enterprise was in operation until the 1980s when due to the Structural Adjustment Programs (SAPs) it was privatized and unable to compete in the free market.

Tetteh pointed out that two lessons can be taken from this anecdote:

  • The government strongly intervened to ensure pharmaceutical production was linked to public procurement and public policy. The market for the product was guaranteed (army, public hospitals etc.).
  • The government intervened to ensure that certain medical products could not be imported into the country. These interventions were crucial in creating the legal and scientific conditions within which the state-owned enterprise thrived until the SAP period.

A key success of the state pharmaceutical enterprise was that it was able to bargain with Big Pharma on its own terms. At the time, Big Pharma needed to negotiate with the state pharmaceutical enterprise to produce their products locally since they had no access to the Ghanaian market. Although Ghana’s intellectual property rights regime replicated and mimicked some of the standards in the Global North, it was an indication of the amount of space countries in the Global South had to develop their own legislation with respect to intellectual property for public health. However, this option is no longer available to these countries. According to Tetteh, TRIPS inaugurated the monopoly that Big Pharma has over technical know-how for medical products. It has also enabled bio-piracy which allows Big Pharma to appropriate African traditional knowledge and patent it for themselves. In the 1990s, the Organisation of African Unity (OAU) tried to create an African model law to enable a fight against bio-piracy but was unsuccessful.

The creation of a state-owned pharmaceutical enterprise in Ghana and in other African countries in the post-independence era was a reaction to colonial policies, which deliberately curtailed the production of knowledge and science across the continent

Tetteh noted that the current situation highlights the importance of getting the TRIPS waiver, as it is a starting point for building domestic pharmaceutical capacity. The waiver goes beyond just patents and encompasses a host of other intellectual property rights such as copyrights, and industrial design. It covers all the important bases for making medicines in a modern context. Looking back to the Doha Declaration, very few countries were able to make real changes to their laws in order to make use of the flexibilities. This was due in part to the entrenchment of TRIPS in other agreements such as AGOA (the African Growth and Opportunity Act) and the EPAs (Economic Partnership Agreements). However, importantly, there was no real commitment by African leaders to making these changes.

Tetteh argued that African leaders are not making the strategic choices that would eventually lead them to developing independent pharmaceutical industries. Suggesting that South-South cooperation is an avenue to address the current issues the continent faces, he argued that instead of using all their funds to buy vaccines, African countries could have allocated some funds to support phase three of Cuba’s vaccine trials. By doing this, they would have been able to negotiate for a consistent relationship in terms of knowledge exchange and the transfer of technology.

Updates on COVID-19 in Senegal and Kenya

Cheikh Tidiane Dieye provided an update on the COVID-19 situation in Senegal. The country recorded its first case of the virus in March 2020. Since then, the government has put in place measures such as curfews, travel restrictions and the banning of public gatherings to contain the spread of the disease. The Senegalese government did not enforce a lockdown because the country has a large informal sector which would have been negatively impacted by a lockdown.

Senegal is currently experiencing its third wave – driven by the delta variant. The total number of cases has increased significantly over the last year, moving from 9,805 cases and 195 deaths in July 2020 to 63,560 cases with 1,365 deaths as of July 2021. This increase in cases has taken a toll on the country as it does not have the healthcare infrastructure to deal with the virus caseload. The vaccination campaign was launched in February this year, with about 1.2 million doses received, 1.8% of the population fully vaccinated and 3% receiving their first dose.

He stated that Senegal is currently facing two issues:

  1. Lack of access to the vaccines. This is because the country does not have the means to purchase enough vaccines for its population and is currently relying on donations from COVAX. This has resulted in protracted waiting times for the vaccine. These waiting times can cause complications for vaccine administration, since there are people who have received the first dose but must wait for longer than the recommended time of eight weeks to receive their second dose.
  2. A significant part of the population is reluctant to receive vaccines and sensitization campaigns are proving ineffective.

He remarked on one key development in Senegal – the creation of a vaccine manufacturing plant funded by the World Bank, the US, and a few European countries. The plant is expected to produce 300 million doses a year, first of COVID-19 vaccines and then other types of vaccines against endemic diseases. This project will be implemented by the Institut Pasteur de Dakar which already produces yellow fever vaccines.

ROAPE’s Njuki Githethwa provided an update on the COVID-19 situation in Kenya. He mentioned that the delta variant has caused a surge in cases and deaths. There have been currently over 200,000 cases since the pandemic began with the total number of deaths at 4,000 at the end of July. He pointed out that this third wave is affecting the lower classes which were spared in the initial stages of the pandemic. Kenya has received 1.8 million doses of the vaccine, with about 1.7% of Kenyans vaccinated. He noted that if vaccinations continue at this pace, it will take over two years for Kenyans to be fully vaccinated.

A key success of the state pharmaceutical enterprise was that it was able to bargain with Big Pharma on its own terms. At the time, Big Pharma needed to negotiate with the state pharmaceutical enterprise to produce their products locally since they had no access to the Ghanaian market

According to Njuki, the disbursement of vaccines from the West is being portrayed as a symbol of charity, solidarity, and sympathy. This portrayal is underlain by the West positioning themselves as saints while vilifying other countries like India and China. He also mentioned that there is a class dynamic at play in Kenya regarding the distribution of vaccines. People in affluent areas have ease of access whereas the less privileged wait in long queues to get vaccinated. As a result, most of the population, including frontline workers, are yet to be vaccinated. Schools in the country reopened at the end of July, and only about 60% of teachers have been vaccinated. Njuki touched on the fact that there is an optimism that more vaccines are coming, however the government is not doing enough to sensitise the population. There is still a lot of misinformation and superstition surrounding the vaccines.

Moving beyond the state?

The discussion was further enriched by contributions from the participants. Gyekye Tanoh, for example, noted that in the past the presence of state pharmaceutical enterprises around the continent constituted an active and embodied interest. This influenced the way transnational pharmaceutical companies were able to negotiate, severely limiting their power. However, such a thing is not present today on the continent. In fact, a study from the McKinsey Institute pointed to the fact that the pharmaceutical industry has the highest markups in Africa, meaning that while the continent is not the biggest market, it is the most profitable region in the world. Currently, the interests of Big Pharma dominate, he asked, how do we begin to shift this? Is it time to look beyond the state as a leading agent for change? What can progressives do in this situation?

Senegal is currently experiencing its third wave – driven by the delta variant. The total number of cases has increased significantly over the last year, moving from 9,805 cases and 195 deaths in July 2020 to 63,560 cases with 1,365 deaths as of July 2021

In response to Gyekye’s question, Tetteh argued that he does not believe that it is time to look beyond the government. In the case of the pharmaceutical industry, the market is created by production and government procurement of pharmaceutical products. Real change cannot be realised without the involvement of the government and well thought out policies. But there is still a role for progressives. Activists need to mobilise and organize around broad paradigmatic changes and clear concrete policy choices that can be implemented in the immediate, medium, and long term.

Wallace added that the objectives of activists in the Global North should be to support the efforts of those in the Global South. This is especially important because COVID-19 is not the only virus that can cause real damage. We need to make structural changes that ensure the Global South is not at the mercy of the Global North whose economic model has contributed to the current situation.

Farai Chipato ended the session by thanking the speakers and participants for their contributions to the fruitful and important discussion. Chipato urged participants to join ROAPE and TWN-Africa for their two upcoming webinars: ‘Popular public health in Africa: lessons from history and Cuba’ and ‘Alternative strategies and politics for the Global South: climate-change and industrialisation.’

This article was originally published in the Review of African Political Economy (ROAPE) Journal. 

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Omissions of Inquiry: Kenya and the Limitations of Truth Commissions

Gabrielle Lynch provides a radical analysis of the mechanisms of transitional justice. Looking at the case of Kenya, Lynch argues that truth commissions which hope to achieve truth, justice and reconciliation also require ongoing political struggles, and substantive socio-economic and political change. While reconciliation and justice may be goals which truth commission can recommend, and sometimes contribute to, they cannot be expected to achieve them.

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Omissions of Inquiry: Kenya and the Limitations of Truth Commissions
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In today’s world, it is almost expected that a truth commission will be introduced in the wake of conflict or a period of authoritarianism to try and consolidate a transition to democracy and peace. A truth commission generally understood – as per Priscilla Hayner – as a temporary state-sanctioned body that investigates a pattern of past abuse, engages ‘directly and broadly with the affected population, gathering information on their experiences’ and which aims to conclude with a public report.

The underlying idea is that societies need to confront and deal with unjust histories if they are to establish a qualitative break with that past. Proponents of modern truth commissions thus ‘look backwards’, not as interested historians, but as a way to ‘reach forwards.’ As Archbishop Desmond Tutu explained in his foreword to the South African Truth and Reconciliation Commission (TRC) report:

The other reason amnesia simply will not do is that the past refuses to lie down quietly. It has an uncanny habit of returning to haunt one … However painful the experience, the wounds of the past must not be allowed to fester. They must be opened. They must be cleansed. And balm must be poured on them, so they can heal. This is not to be obsessed with the past. It is to take care that the past is properly dealt with for the sake of the future.

Motivated by this desire to render the past ‘passed’ in the substantial sense of being ‘dead’ or ‘over and done with’, modern truth commissions dedicate most of their time to two activities: the holding of public hearings and production of a final report.

This is a relatively recent development. Early truth commissions did not hold public hearings and were largely fact-finding bodies. However, ever since the South African TRC of the 1990s, truth commissions have held hearings as a stage for various actors – victims, perpetrators, political parties, state institutions and so forth – to present their account of past wrongs. The underlying idea is that people will have a chance to speak and be heard, and thus regain their humanity; that a wider (and engaged) audience will bear witness to a new human rights-conscious regime; and the overview provided will feed into, and help legitimise, a final report. The latter in turn intended to record and acknowledge past wrongs and provide recommendations that can help to promote truth, justice and reconciliation.

However, while much hope is often placed, and much time and money expended, on truth commissions and their hearings and final reports, it is evident that these processes generally fall far short of ambitious goals and high expectations. But what explains this gap between aspiration and reality?

This is one of the questions that I address in a new book – Performances of Injustice: The politics of truth, justice and reconciliation in Kenya – which analyses several transitional justice mechanisms introduced following Kenya’s post-election violence of 2007/8 when over 1,000 people were killed and almost 700,000 were displaced.

This includes the establishment of the Truth, Justice and Reconciliation Commission (TJRC). Significantly, the Commission’s mandate recognised that, while the 2007/8 post-election violence was triggered by a disputed election, it was fuelled by more deep-rooted problems.  In turn, the Commission was tasked with investigating a wide array of injustices – from state repression and causes of political violence to perceptions of economic marginalisation and irregular land acquisition – between Kenya’s independence in 1963 and the end of the post-election violence in February 2008.

Established through an Act of Parliament in 2008, and operational from 2009 to 2013, the TJRC sought to meet its mandate, in large part, by collecting statements (with over 40,000 collected in total), holding public and women’s hearings in 35 locations across the country and adversely mentioned person (AMP) hearings in western and Nairobi, and publishing a substantial final report that runs to over 2,000 pages.

Despite such achievements, the Commission was soon mired in controversy with calls for the chairman – who was soon linked to three injustices that the Commission was meant to investigate – to resign, while the public hearings attracted little media attention, and the final report is yet to be discussed in parliament let alone implemented.

The Kenyan experience highlights a range of lessons and insights. This includes the fact – as recently outlined in a piece for The Conversation – that transitional justice mechanisms are not ‘tools’ that can be introduced in different contexts with the same effect. Instead, their success (or failure) rests on their design, approach and personnel – all of which are incredibly difficult to get right – but also on their evaluation and reception, and thus on their broader contexts, which commissions have little or no control over.

However, the lessons that can be drawn go beyond reception and context and extend to the inherent shortcomings of such an approach.

First, while victims appreciate a chance to speak and be heard, the majority clearly submitted statements or memoranda or provided testimony in the hope that they would be heard and that some action would be taken to redress the injustices described. As one woman explained after a women’s hearing in Nakuru, she was glad that she had spoken and how, having told her story, the Commission would ‘come in and help.’

To be fair, the TJRC’s founders were aware of the inadequacies of speaking, which is why they included ‘justice’ in the title and gave the Commission powers to recommend further investigations, prosecutions, lustration (or a ban from holding public office), reparations and institutional and constitutional reforms.

However, on the question of whether recommendations would be implemented, the Commission rather naively relied on the TJRC Act (2008), which stipulated that ‘recommendations shall be implemented.’ However, such legal provisions proved insufficient. Amidst general scepticism about the Commission’s work, parliament amended the TJRC Act in December 2013 to ensure that the report needed to be considered by the National Assembly – something that is yet to happen.

Moreover, to document and acknowledge the truth requires that one hears from both victims and perpetrators. However, the latter often have little motivation, and much to lose, from telling the truth. This was evident in Kenya where, during the AMP hearings I attended, where I heard little that was new and not a single admission of personal responsibility or guilt. Instead, testimonies were characterised by five discursive strands of responsibility denied: denial through a transfer of responsibility, denial through a questioning of sources, denial through amnesia, denial through a reinterpretation of events and an assertion of victimhood, and denial that events constituted a wrongdoing. However, while AMPs denied responsibility, none denied that injustices had occurred. As a result, while the hearings provided little clarity on how and why a series of reported events may have occurred, they simultaneously drew attention to, and recognised, past injustice. In this way, they provided a public enactment of impunity: Kenya’s history was replete with injustice, but AMPs were unwilling to shoulder any responsibility for it.

This ongoing culture of impunity points to another issue, which is that – for most victims – injustices clearly do not belong to the past but to the present and future. The loss of a person or income, for example, often constitutes a course that now seems beyond reach – from the hardship that accompanies the loss of a wage earner to the diminished opportunities that stem from a child’s extended absence from school. However, the past also persists in other ways, from the injustices that never ended, such as gross inequalities or corruption, to fears of repetition and experiences of new injustice.

Unfortunately, the idea that one can ‘look backwards to reach forwards’ downplays the complex ways in which the past actually persists, and possible futures infringe on the present. This is problematic since it can encourage a situation where small changes dampen demands for more substantive reform. At the same time, it can facilitate a politicised assertion of closure that excludes those who do not buy into the absence of the past, the newness of the present, or the desirability of imagined futures and provides a resource to those who seek to present such ‘difficult people’ as untrusting, unreasonable and unpatriotic.

This is not to say that truth commissions are useless and should never be considered. On the contrary, many view speaking as better than silence, while the commission’s report provides a historical overview of injustice in Kenya and a range of recommendations that activists and politicians are using to lobby for justice and reform.

However, when introduced, truth commissions should be more aware of the importance of persuasive performances and how their initial reception and longer-term impact is shaped by broader socio-economic, political and historic contexts. Truth commissions also need to adopt a more complex understanding of the ways in which the past persists, and possible futures infringe on the present and avoid easy assertions of closure.

Ultimately, such ambitious goals as truth, justice and reconciliation require not Freudian ‘talk therapy’, although catharsis and psycho-social support are often appreciated, but an ongoing political struggle, and substantive socio-economic and political change, which something like a truth commission can recommend, and sometimes contribute to, but cannot be expected to achieve.

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

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