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Ol’ Man River and the Dam State: Why the High Grand Falls Dam Project Is a Bad Idea

14 min read.

In this second part of a three-part series, PAUL GOLDSMITH explains why, instead of being a solution to the problem of food insecurity, big dam projects and large-scale irrigation schemes in Kenya end up causing more problems than they solve due to a combination of mismanagement, corruption and a top-down approach that fails to take into consideration the environment and the livelihoods of local populations.

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OL’ MAN RIVER AND THE DAM STATE: Kenya’s misguided Big Water policy
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The various feasibility studies and state policy documents supporting the revival of the High Grand Falls Dam project on the Tana River conform to what economists refer to as path dependency – or how a set of decisions for any given circumstance is limited by the decisions made in the past, even though past circumstances may no longer be relevant.

The QWERTY keyboard is the classic example of this pathway effect. It was designed to prevent typewriter keys from striking each other and sticking. A clever solution at the time, the un-ergonomic keyboard survives as the default for our computers and phone keypads decades after the demise of the typewriter because changing it would create greater problems.

Conceptually, path dependence interfaces with other properties of systems such as convergence, probabilities, and the jargonistic but useful property termed ergodicity. Economists define ergodicity as the ability to eventually shake free from the influence of a past state. Non-ergodic practices, in contrast, risk the problem of becoming locked in, as demonstrated by the rapid fall of Nokia when it dismissed touchscreens as a “gimmick” and lost out on the growing smartphone market.

The path dependency Illuminated by this particular case highlights a wide set of institutional practices and incentives that contribute to many of Kenya’s latest large infrastructure projects. The empirical evidence demonstrating that large infrastructure projects do not benefit the poor is not a concern in President Uhuru Kenyatta’s Big 4 policy environment. Rather, it’s a case of “the bigger the better” when it comes to Kenya’s administrative gatekeepers, tenderpreneurs, and decision makers. Endemic corruption and the ballooning national debt are consequences of this non-ergodic mindset.

Feasibility studies and invisible stakeholders

The upper Tana became the main provider of Kenya’s electricity after independence, a role that began with the construction of Sagana in 1956 and expanded by the commissioning of the Kindaruma (1968), Kamburu (1974), Masinga (1981), Kiambere (1988), and completion of the original Gitaru (1999) dams. None of these projects generated significant controversy at the time. Adding another electricity-generating station to the chain would appear to be a straightforward proposition, but it is not.

The 2016 Environmental and Social Impact Assessment of the High Grand Falls Dam project commissioned by the National Environment Management Authority (NEMA) confirms that the majority of people that will be negatively affected by the project live in areas historically neglected by the government. The report’s two-page summary of the project area’s socio-economic characteristics observes that the corresponding “low level engagement has left the communities to develop at their own pace. Some of the communities in the region are very conservative and continue with retrogressive practices that are inimical to development”.

The upper Tana became the main provider of Kenya’s electricity after independence, a role that began with the construction of Sagana in 1956 and expanded by the commissioning of the Kindaruma (1968), Kamburu (1974), Masinga (1981), Kiambere (1988), and completion of the original Gitaru (1999) dams. None of these projects generated significant controversy at the time. Adding another electricity-generating station to the chain would appear to be a straightforward proposition, but it is not.

The assessment document is rich in technical details but bypasses critical socio-economic and cultural issues. For the inhabitants of Kenya’s remote margins, it is the latest example of the dirigisme underpinning Kenya’s post-independence tradition of social exclusion.

Whether by design or omission, the negation of local histories and indigenous knowledge traditions effectively functions to render excluded minority communities invisible when it comes to development planning. Once an area is targeted for an external investment or development project, the commissioning of the feasibility study reinforces the established trajectory without exploring the negative social implications of the environmental impacts and other related factors.

The various feasibility studies commissioned in support of the Magogoni port and the Lamu Port South Sudan-Ethiopia Transport (LAPSSET) corridor, the Roola Project Memorandum of Understanding with Kuwait that preceded it, and the study supporting the allocation of the Tana Delta land for sugar production all conformed to this model. The original Mutonga-Grand Falls feasibility study, to its credit, documented the negative environmental impacts downstream, but otherwise skirted the social and economic consequences for the local stakeholders.

OL’ MAN RIVER AND THE DAM STATE: Kenya’s misguided Big Water policy

Read also: Ol’ Man River and the Dam State: Kenya’s misguided Big Water policy

There is much to be said for sticking to what works, but the opposite principle applies in the case of the government’s Expanded National Irrigation Programme (ENIP) goal of expanding the 165,833 hectares under irrigation in 2011 to 1.2 million hectares by the year 2030. Most of the land to be developed in order to meet this 600 per cent increase is located in the country’s Arid and Semi Arid Lands (ASAL) zones. The performance of Kenya’s large irrigation projects has not been impressive and several of them are very expensive white elephants.

The ENIP contribution to the proposed strategy is based on an in-depth study of the water resources available in the Tana and Athi river basins. A Food and Agricultural Organisation (FAO) overview of the strategy outlines the formidable technical challenges involved, such as the high level of water losses due to evapotranspiration in the reservoirs and in the channels proposed to convey water to other sites. Kenya currently uses over 69 per cent of its limited developed water resources on irrigation. The share of Kenya’s water diverted to irrigation will rise to 89 per cent with implementation of the ENIP-driven food security strategy, which does not factor in growing industrial and urban demand.

The High Grand Falls Dam project is the main engine of this plan that, among other things, aims to redirect water to the Galana River to ensure sufficient water for the dysfunctional Galana-Kulalu scheme that is scheduled to eventually cover a colossal 1.7 million acres. The NEMA assessment document also mentions the construction of another channel transferring water to the Waso Nyiro, but does not explain why.

The water problem is emblematic of the formidable challenges facing society across system scales. The high stakes posed by the global population-natural resource equation explain why the private sector and governments alike are extolling the virtues of innovation, disruption, and creative problem solving. The dam is, in contrast, a Red Ocean project predicated on the giganticism embraced by the Vision 2030 and LAPSSET agendas.

The larger problem with the High Grand Falls Dam Assessment Study is what is not reported, like the cutting-off of the Tana for 32 months and the consequences for the ecology and downstream communities. The study does refer to the increased incidence of human-crocodile conflict (their words, not mine) and includes a list of preventative measures that can be taken to reduce it, but otherwise lacks mention of any planned mitigations downstream, or the prospects for the intensifying resource conflicts that John Allen Namu documented in The End of the River series screened on NTV.

The study does, however, pay lip service to the impact on the residents of Tharaka, who were the only grassroots stakeholders consulted. The study team convened five meetings in Tharaka attended by 857 local participants. According to the document, “there is a general acceptance of the project by the majority of the communities living in the area”.

The larger problem with the High Grand Falls Dam Assessment Study is what is not reported, like the cutting-off of the Tana for 32 months and the consequences for the ecology and downstream communities. The study…lacks mention of any planned mitigations downstream, or the prospects for the intensifying resource conflicts…

One can question the extent of the information communicated in these briefings; summaries of the discussion include miscellaneous details, like an announcement that title deeds are ready for Kamanyaki, an area that will be under water if the project goes forward. There is also no reference in the document to consultation with other communities; it renders the stakeholders in Garissa, Tana River, and Lamu counties invisible. My contacts downstream, including a local MP, verify the lack of consultation and report a general perception of confusion over the dam project.

Spatially, Tharaka is one of the most remote areas of Kenya. Its remoteness is not a function of distance, but of the area’s isolation. The roads are challenging and it is not on the way to anywhere else. So the only reason you will find yourself in towns like Marimanti, Chiakariga, or Gatunga is because you have an important reason for visiting. As the Assessment Study observes, the locals have been developing at their own pace; what it does not say is that the residents of Tharaka seem to be okay with this, and are keen on finding their own solutions, like the modified female rites of passage based on piercing the ears of young girls in place of the “retrogressive” tradition of female circumcision.

Once upon a time I conducted a survey on the state of education, health, and access to water that took me to every sub-location of Tharaka. The residents at that time were highly independent and probably the most land-paranoid community in the country. The area can prosper with greater exploitation of the local rivers for irrigation, but this has been slow coming due to internal social factors linked to the use of communal resources. The High Grand Falls Dam blueprint, in contrast, requires the relocation of 4,500-plus displaced households to a large-scale irrigation scheme outside their home county.

I find it very difficult to see the residents assenting to the planned mitigations, especially without monetary compensation, which according to recent reports in the press has been scrapped due to inflated claims and other problems common to projects that require resettlement and compensation.

Maybe the lack of attention to these issues does not matter. In a study entitled Watered Down? A review of social and environmental safeguards for large dam projects, the authors of one of the studies report that “the implementation of systematic procedures to reveal social priorities is still very unusual in developing countries” and that “it has been estimated that environmental and social safeguard processes derived from public consultations have been implemented in only 10–15% of new hydropower projects around the world”.

A case of too much electricity?

This brings us to the objectives justifying the displacement of Tharaka households and the other social and ecological negatives that will be caused by the 32-month hiatus in the river’s flow. The benefits covered in the Assessment Study are the generation of 700 megawatts of electricity, the creation of a large 5.6 billion cubic metre reservoir that the project’s designers claim will be used to irrigate 200,000 hectares of cropland, and enhanced management of the river’s flow to control flooding. These plans represent the culmination of the pathway beginning with the development of the Tana’s hydroelectricity capacity that projected 11 dams in total. But things have changed since the project was first proposed in the mid-1990s.

Kenya’s national electricity strategy seeks to diversify the nation’s power sources. But hydroelectric generation already provides the greater portion of Kenya’s electricity, and is subject to increased uncertainty over the long run due to factors of climate change and degradation of the country’s water catchment areas.

Moreover, like the controversial coal-generated electricity plant proposed in Lamu, this latest energy investment comes at a time when the region’s electricity supply is outstripping demand. Several new power sources, such as the Lake Turkana Wind Farm, the three Gibe dams on the lower Omo River, and the Bujagali, Isimba, and Karuma dams in Uganda, will add to the region’s growing electricity surplus.

Kenya is blessed with an abundant but largely untapped capacity for wind and solar power, and costs have come down. The wind and solar projects now being planned or under construction at this early point in the sector’s development will add another 1,000 megawatts to the grid. In addition, Kenya is contracted to buy 400 megawatts of power from Ethiopia, but the government appears to be delaying the connection, ostensibly due to the problems of marketing the existing supply, even though in 2015 a contract to build supply lines was signed with a Chinese contractor.

The numerous problems of mismanagement and consumer exploitation that are endemic in Kenya’s state-controlled electricity sector highlight the real priority, which is the need to extend connections to the large numbers of Kenyan households that do not have access. This is being addressed through a mix of off-grid, mini-grids, and connections to conventional sources.

A history of failed irrigation projects

No one contests the need to enhance Kenya’s national food security. However, the prioritisation of large-scale irrigation schemes in order to justify the High Grand Falls Dam is considerably more problematic than the power generation that was the original Mutonga-High Falls project’s primary driver.

The record of Kenya’s large irrigation schemes ranges from poor to disastrous, sprinkled with a few qualified successes. The Perkerra, Kanu plains, Mwea-Tebere, Hola, Bura, and Galana schemes have all experienced serious problems. Even the one success story, the Mwea scheme, was on the brink of collapse by the early 1990s when it was managed by the National Irrigation Board. Militant protests by the scheme’s residents who fought and defeated the police trying to block a demonstration led to the liberalisation of the Board’s marketing monopsony. This was followed by the still ongoing and controversial privatisation of the scheme’s land holdings.

The record for sustained mismanagement belongs to the ill-fated Bura irrigation scheme. The world’s most expensive irrigation project at the time it was christened in 1977, it quickly turned into a black hole for the World Bank, the Government of Kenya, and the pastoralists-turned-farmers who settled there. Writing in 2008, three decades after its inception, one researcher described the conditions on the scheme as:

The area is now reminiscent of a ghost town. Huge water towers stand abandoned in the scrubby landscape; irrigation canals stretch across tens of miles, overgrown with thorny vegetation; and a fenced-in vehicle parking lot contains dozens of rusting Land Rovers and large farm machinery. Housing units built for mid-level project staff as well as the villas for the resident managers stand abandoned, dilapidated, and looted. Only people with nowhere left to go remain on the project site.

The former pastoralists who settled on the Bura scheme have survived as subsistence farmers assisted by famine relief provided by the World Food Programme. They draw their water from a murky irrigation pond they share with livestock. The award for the ultimate cosmic insult, however, goes to the nearby Hola Irrigation Scheme. During the mid-1990s the Tana changed course, leaving expensive industrial pumps beached next to the old riverbed.

The record of Kenya’s large irrigation schemes ranges from poor to disastrous, sprinkled with a few qualified successes. The Perkerra, Kanu plains, Mwea-Tebere, Hola, Bura, and Galana schemes have all experienced serious problems. Even the one success story, the Mwea scheme, was on the brink of collapse by the early 1990s.

Indigenous production systems developed important social risk-spreading strategies and cultural resilience for coping with climatic uncertainty and periodic but unpredictable extreme environmental events – an orientation that most developmental interventions lack. The Japan-supported Tana Delta Rice Production scheme, for example, started well but went belly up after the 1998 El Nino rains destroyed the main canals. Power surges disabled the large German-built milling complex. Rice production continued on a reduced scale and the problems could have been fixed, but the government withdrew its funding in 2001 due to massive corruption.

The last time I visited the scheme, monkeys were roaming the impressive but incapacitated processing plant while an old smoke-belching mill next to it laboured to turn the small harvest of mpunga into mchele. A number of local and international agribusiness organisations stepped into the gap by lobbying the government in order to establish sugar and jatropha plantations. A large area was allocated to a British firm to implement a biofuel scheme, but like the plans for sugar, it failed to take off due to widespread local opposition.

As one report declared, “The Tana Delta could house a museum featuring failed projects”. The report traced the poor record of top-down projects in the Tana Delta to the failure to take the local people and the environment into account. Research undertaken by Nature Kenya established that the value generated by local agricultural and livestock producers considerably exceeds projected returns to sugar monoculture and the other capital-intensive ventures.

Environmental impact on the Tana Delta

In 2012 the Tana Delta became a Ramsar site, which recognised its status as one of the world’s important wetlands. A case study by the International Union for Conservation of Nature (IUCN) reports that the dam’s impact on the Delta will result in the reduction in the area and composition of floodplain grasslands, lowered surface and groundwater sources, loss of fertile riverbank sediment depositions, reduction in swamps, ox-bow lakes and seasonal water bodies, the deterioration of riverine forest areas due to senescence, and the degradation of the mangroves that include two species unique to the Tana Delta environment. The ecosystem hosts many other rare and endangered species, but the main casualty may be the over one million people who depend on the river’s flooding regime for their livelihoods and the 2.5 million head of livestock who depend on the water and pasture. The project will also jeopardise the growing number of riverside farms in Garissa that use the river for irrigation, who will lose out when the project redirects Tana River water to the Athi-Galana in order to support the government’s latest water grabbing experiment – the US$3 billion Galana-Kulalu project.

A case study by the International Union for Conservation of Nature (IUCN) reports that the dam’s impact on the Delta will result in the reduction in the area and composition of floodplain grasslands, lowered surface and groundwater sources, loss of fertile riverbank sediment depositions, reduction in swamps, ox-bow lakes and seasonal water bodies, the deterioration of riverine forest areas due to senescence, and the degradation of the mangroves that include two species unique to the Tana Delta environment.

The Tana Delta and riverine zones are crucial dry season reserves that attract other herders from as far as Wajir and southern Somalia during drought years. Over 100,000 Pokomo depend on recession agriculture, and there are 50,000 freshwater fishermen working in the Delta. However, none of these facts have stopped the authors of the High Grand Falls Dam Assessment Study from claiming that the project is necessary for securing the productivity of land in the Tana Delta.

The record of flawed interventions on the coast, including the nearby Magarini settlement scheme, did not augur well for the government’s one-million-acre Galana-Kulalu irrigation scheme. Observers questioned the prospects for the proposed public-private partnership when it was launched in 2014. The scheme did not disappoint. Production has been dismal, funds have vanished, and in 2016 a group of parliamentarians called for the suspension of the scheme, citing mismanagement and inflated costs. In September of 2018, the press reported that the National Cereals and Produce Board received maize valued at Sh35 million from the scheme, a paltry return to an enterprise that four years after its launch has spent Sh7.3 billion to bring only 5,000 acres under cultivation.

Analysis of the technical, administrative, and tenure-related issues besetting Magarini and other schemes in Kwale and Lamu show that they have neither alleviated the coast’s land problems nor have they advanced Kenya’s agricultural development. The Galana-Kulalu scheme is the latest contribution to a policy pathway littered with numerous such developmental disasters. Massive amounts of funds have evaporated under the hot African sun; and in an area inhabited by minority communities, these disasters have been a recipe for political tensions, conflict, and corruption.

Irrigation launched Kenya’s lucrative horticultural export industry. Private farms are perhaps the best example of irrigation’s commercial potential, but most of the produce is exported. Irrigation will also have to make a growing contribution to food security over time and prospects for expanded medium- and small-scale irrigation based on water user associations are positive. But at this point, farmers using the common jua kali overhead sprinklers and appropriate technologies like the ApproTec treadle-pedal pump have probably made a greater contribution to domestic food security.

Irrigation presently consumes 69 per cent of Kenya’s water. An analysis of scale, control and success in Kenyan irrigation attributes the problems of schemes to bureaucratic control, and found that state mismanagement is a more important factor than scale. Expanding the unexploited potential for land under irrigation will depend upon sorting out a matrix of technological, social, and environmental issues influencing agricultural output and efficiency. The High Grand Falls project and documents supporting it do not provide answers.

The elephants in the room

There are two elephants in this room. The first is the nexus between climate change and the availability of water. A hydrological analysis of the impact of climate change on the Tana Basin indicates that levels of rainfall across the basin will increase, but so will the variation and episodes of extreme precipitation and drought. Its impact will also vary across the region’s ecological zones, increasing the problematic consequences for ASAL areas. Despite the overall increase in rainfall, the authors underscore that the real challenge will be the need for those managing water resources to adapt to the new climate regime with its extremes of drought and flooding. This is a serious game changer.

The other elephant is the state. The record of mismanagement, graft, and poorly designed interventions make it easy to critique the Kenya state’s record of bungling and impunity in this sector. But the fact remains, for the bureaucrats who harvest the extra allowances and other perks these projects generate, Big Water is a magic bullet that will resolve Kenya’s food security equation. For the political decision makers at the top of the food chain, it is a convenient source of patronage and rents.

Although the case for expanded water storage requires a sustained long-term strategy, it is hard to take projects like the High Grand Falls Dam seriously when a Permanent Secretary goes on record to justify the project by stating the dam will form ”a small lake, introducing fishing to the communities around it, and tourism”. He clearly did not read the reviews on TripAdvisor about the state of the Masinga dam resort. A fraction of the dam’s price tag would go a long way towards improving water security across Kenya’s water-stressed regions by creating many “small lakes” where rainfall collects.

There are many other alternatives to centralised water storage. According to the author of an Oxford University Business School study of large dam projects, “Many smaller, more flexible projects that can be built and go online quicker, and are more easily adapted to social and environmental concerns, are preferable to high-risk dinosaur projects like conventional mega-dams.”

Big Water is just another variation on Big Infrastructure, but with much greater potential for blowback in this case due to the number of Kenyans facing lost livelihoods and displacement. The cash-strapped Jubilee government is clearly locked into a dead-end developmental pathway that is damming up its citizens’ problem-solving energies and capacity for developing social and technological solutions.

An analysis of pathway dependency offers two pieces of advice about escaping the “entrapment basin” like the one luring state policymakers and planners into the cul- de-sac reviewed here. The first is that those managing the system require external agency to change. The second is that instead of making choices that often turn out to be wrong, policy makers should improve the informational basis for choices that can be made by private parties and government agencies.

Big Water is just another variation on Big Infrastructure, but with much greater potential for blowback in this case due to the number of Kenyans facing lost livelihoods and displacement.

Unlike the case in the 1990s, there is now a large base of information and analysis on the issues interfacing with the High Grand Falls project, but the dam state will need a push if it is to play a role in rationalising the process.

In 1988, opposition to Hungary’s Nagyramos Dam provoked citizens to defy their Communist government for the first time, triggering the succession of events leading to the collapse of the Eastern Block governments in 1989. Maybe the High Grand Falls project will be the tipping point catalysing a coalition of local and external forces, like India’s Save Narmada Movement, that will lead to a more viable policy framework for managing the Tana Basin’s waters and the larger region they support.

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Dr. Goldsmith is an American researcher and writer who has lived in Kenya for over 40 years.

Politics

The Myth That Is Plastic Waste Recycling in Kenya

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

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

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

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

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

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

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

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

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

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

In Kenya recycling doesn’t work    

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

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

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

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

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

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

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

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

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

Kenya and the global dumping of plastic waste 

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

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

Ending Kenya’s relationship with plastic

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

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

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

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

Reimagining a post-plastic country

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

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

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

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

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

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

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

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

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

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

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

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

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Microplastics: the Destruction of Marine Life and the Blue Economy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Western Sahara: Africa’s Last Colony

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

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

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

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

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

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

The war

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

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

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

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

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

Deployment of MINURSO

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

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

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

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

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

The impasse

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

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

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

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

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

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

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

What’s going on now?

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

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

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

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

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

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

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

This article was first published by ROAPE.

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