A fable I was taught as a young Kikuyu boy seeks to explain the rise of the patriarchal society. It speaks of a time, long ago, when women ruled over men. Unhappy with the state of affairs, the “oppressed” men conspired to get all the women pregnant at the same time, and so easily overthrew them. They have since been the undisputed rulers.
The misogyny and fear of women expressed in that tale are alive and well in contemporary Kenya’s male-dominated society. Today they manifest in the repeated refusal of the country’s parliament to enact laws mandated by the country’s constitution that prohibit any public body (including Parliament) of having a composition of more than two-thirds of their members from one gender. It is manifested in President Uhuru Kenyatta’s own refusal, which gives the lie to his rhetoric at last week’s Women Deliver Conference in Canada to implement the same rule in his appointments and nominations. It is a fear that may, ironically, be also driving discrimination and oppression of men – specifically, homosexual men.
Last month, in a convoluted and contradictory judgment, the High Court upheld colonial-era laws that criminalised sex acts “against the order of nature”. Enacted at the very dawn of colonial occupation by the famously stuck-up Victorians, the laws are today spuriously defended as reflective of “African culture”. The High Court in Botswana recently struck down as unconstitutional an identical law, also introduced by the British, declaring it “discriminatory” and warning that “human dignity is harmed when minority groups are marginalised”.
Many times, such harmful laws are supported by the same Kenyan men who rabidly oppose women’s empowerment. As it turns out, this may not be a coincidence. According to researchers at the University of Geneva, prior to the feminist revolution of the late 1960s, men had largely constructed their masculinity in opposition to women as anti-femininity. However, as society moves towards greater gender equality and as men are encouraged to get in touch with their “feminine” side and to show emotion and vulnerability, some men, particularly those of a more traditional bent, look for something else to serve as a foil for their idea of masculinity. Typically, they emphasise their heterosexuality. As, Prof Juan M. Falomir, who led the research team says, “homophobia is the alternative way of asserting their masculinity.”
Last month, in a convoluted and contradictory judgment, the High Court upheld colonial-era laws that criminalised sex acts “against the order of nature”. Enacted at the very dawn of colonial occupation by the famously stuck-up Victorians, the laws are today spuriously defended as reflective of “African culture”.
The trajectory of Kenya’s legal prohibitions exemplifies this. As women in Victorian Britain teetered on the verge of a vast change in the laws that had constrained them since medieval times, their menfolk were imposing draconian decrees targeting specifically male homosexual behaviour in their colonies. Today, as women in Kenya increasingly assert themselves in public spaces and challenge the norm of masculine domination, the blowback is not just against them but also against gay men.
Gay women too suffer bigotry and violence. As is true in many other countries, they are subjected to horrific abuse, including assaults and rape, as research on their lived experiences in Kenya has shown. “Masculine presenting” gay women or “studs” experience more discrimination and abuse and are “deliberately locked out of conversations around protection of women by State actors,” the research found. Infamously, the Kenya Film Classification Board last year banned the multiple award-winning movie Rafiki “due to its homosexual theme and clear intent to promote lesbianism in Kenya”. The constitutionality of the ban is currently being challenged in court.
Here too, constructions of masculinity are at play. “Patriarchy becomes panicked at these women denying men an opportunity for sex on demand, power on demand, or both. Their power and ability to live the life…outside the autocracy of male influence…becomes a threat to society as it is constructed,” says Dr Njoki Ngumi. Men see lesbians both as sexual rivals taking “their” women, and also as women denying them sex and power.
The link between misogyny and other bigotries is particularly visible online, a platform that has been described as “the gateway drug for extremists”. Today in the West, the rise of populist, far-right governments has also coincided with the accession of an increasing number of women to the pinnacle of power. Donald Trump was widely expected to lose to a woman in 2016. The outgoing Prime Minister of the UK is a woman as is the Chancellor of Germany. And Santiago Zabala has also linked the inclusion of “a racist, homophobic and anti-immigration party” in Spain’s ruling coalition to “the patriarchal obsession with the so-called natural order and the politics of hate that it incubates”.
It is important to keep in mind, though, that it is women who have borne the brunt of the violence committed by men who are unable to construct masculinity in terms other than domination of another. In recent years, for example, reports of women maimed or murdered by their partners or by men they have spurned have become a staple of Kenyan daily news. Such assaults are about reminding women of their place in patriarchy’s pecking order, especially when – as witnessed in the public violence meted out on female politicians in Kenya at the hands of their male counterparts – they dare to confront or deny a man.
But how exactly do we go about reconstructing masculinity? Is that even possible? Or does the solution lie in abandoning the idea of gender altogether as fundamentally anti-human? After all, masculinity and femininity are social, religious, political and cultural constructs, only incidentally related to biological accoutrements. When the Standard newspaper calls Amina Mohammed “the only ‘man’ in Uhuru’s Cabinet” or Macharia Gaitho says the same about Martha Karua in the Daily Nation, they do not mean to suggest that the two are in possession of penises and scrotums. When one is told to “man up” or “don’t be a pussy”, the reference is not to biology. All these are pretty offensive – and plainly wrong – cultural constructions that suggest that traits like bravery and assertiveness are to be associated with males while fear and submissiveness are inherently female.
It is important to keep in mind, though, that it is women who have borne the brunt of the violence committed by men who are unable to construct masculinity in terms other than domination of another. In recent years, reports of women maimed or murdered by their partners or by men they have spurned have become a staple of Kenyan daily news. Such assaults are about reminding women of their place in patriarchy’s pecking order, especially when they dare to confront or deny a man.
If we understand that, then we can begin to see the idea of gender itself as just another weapon in the service of patriarchal domination. Rather than a dictate of biology, it is a way of ordering society’s power structure in much the same way other fictional constructs, such as race or tribe, have been historically used.
But while we may rightly take umbrage at media folk ascribing particular qualities to race or tribe (imagine the uproar if the Standard were to describe Mohammed as “the only Kikuyu” or Gaitho were to call Karua “the real mzungu” as a way of recognising their contributions), we seemingly have no problem with the false dichotomies of male as strong and female as weak.
Even the Kikuyu fable I cited at the beginning is an attempt to use biology as a justification for the tyranny of man over woman. Women, it suggests, are weak because they can become pregnant – an assertion that has been shown to be scientifically bogus. If anything, it is the other way around. A recent study in the US found that elites athletes and pregnant women have similar endurance levels. Pregnancy, researchers found, “pushes the body to the same extremes as endurance events like long-distance triathlon competition Ironman or the Tour de France.”
But the fable doesn’t stop there. It constructs female rule as inherently oppressive and men as victims who are justified in using women’s biology against them – kind of like waylaying a cyclist at the end of the Tour de France, which is hardly a fair fight. It is interesting to observe how these ideas then play out in real life as when men deny women access to birth control or abortion and the persistence of practices like FGM or early marriage, all of which are meant to serve as a form of control.
It is no accident that the gender roles and attributes that patriarchal societies have invented tend to favour the dominion of men and to construe biology as women’s inescapable prison. Men, they believe, have freedom that women don’t because women can be raped, need to be defended, cannot hunt or fight. So, the logic goes, biology has decreed that their place is in the home, to serve as the caretaker and caregiver for the man who is able do those things. Yet every day, women are demonstrating the falsehood of such ideas. Sure, the average man is physically bigger and stronger than the average woman, but that does not tell us if he’s braver, more intelligent, a better hunter or a better fighter. After all, humankind’s rise to the top of the food chain has little to do with the size of our muscles.
Femininity is associated with silly and frivolous pursuits while masculinity is about serious things. Women gossip, men talk; women are vain and illogical; men are practical. Yet this script is quickly flipped when it suits the latter, especially when it involves labours that are long, non-stop and are most likely to be devalued or demanded for free. Suddenly women are inherently better, more loving and more attentive parents, while men are inherently incompetent assholes who should not be left alone with either the house or the children. This despite numerous studies demonstrating that supposedly hardwired gender differences are really the result of social conditioning – “it is the experience of parenting, and not some inalterable genetic factor or hormone, that constitutes what we call the ‘maternal instinct.’”
Playing the victim card
Of course, this is not welcome news for men. Most of us like the world just as it is. We can do pretty much what we want – boys will be boys – and we justify it (and comfort ourselves) with the delusion that nature decrees that it is the women who must pick up the pieces (and our socks). We are the kings – why would we want to give that up? When nature is no longer a sufficient prop, we resort to inventions like culture, tradition and even the law and conveniently interpreted religion to cement our place at the top. When those are themselves undermined by reason, we turn the tables and, like the folks in the fable, don the garb of the victim.
“The woman whom you gave to be with me, she gave me fruit of the tree, and I ate,” declared Adam. “Nature has given women so much power that the law has very wisely given them little,” is how the eighteenth-century English poet and essayist, Samuel Johnson, sought to justify the oppression of women.
Today in Kenya, we are assailed by online calls for the uplifting of the “boy-child” who has apparently been hard done by as a result of the focus on empowering girls and women. Now it is not in dispute that many boys need help. What is telling is the assertion that the help has to come at either the expense of or as a reaction to that given to girls – even though it is undeniable that across the board, girls and women suffer much more violence and denial of opportunities, mostly at the hands of men. However, the boy-child (and male empowerment) activists many times betray their motives by behaving as if the boy-child problem stems, not from the same patriarchal system that oppresses girls, but rather from the attempt to abolish it and its effects.
This construction of masculinity as victimhood is also evident in the resistance to attempts to decriminalise homosexuality. A typical example is provided by Ghetto Radio, which is popular with Nairobi youth, and which recently reported on the “Alarm Over Rising Rate Of Lesbians In Eastlands”. As Dr Ngumi explains, “Women who are not coded as heterosexual, and thus available for male desire, are going about their business. But here, they are reported to be stirring up ‘fear of being rejected’ in men [in] a falsely alarmist and bigoted news piece which can instigate violence against them.”
A common refrain is that gays threaten the survival of the species, which is baffling considering that they are a tiny minority. And yet, it makes sense if you consider that it is also about group domination as well. As Lara Temple noted in her study of male rape, scholars “have posited … that the subjugation of gay men stems from the perception that they forfeit their male privilege by behaving like women”.
For men who construe sex as something men do to women as an expression of power and penetration as conquest, men who allow themselves to be so penetrated are seen as traitors who endanger the status of all males. It is this idea of a loss of status that is behind the popular notion that homosexuality is somehow “spread” or people are “recruited” into it and that the homosexuals are coming for us all – the patriarchy’s version of the zombie apocalypse.
Biology is not destiny
Gender is probably an irredeemably oppressive way to organise the world. Modelling the world as inherently divided into a male and female half with gendered responsibilities and roles has terrible implications. Take for example Nigerian feminist and academic, Obioma Nnaemeka’s assertion that “each gender constitutes the critical half that makes the human whole. Neither sex is totally complete in itself. Each has and needs a complement, despite the possession of unique features of its own”. This creates the clearly problematic image of a world of incomplete people seeking to find their “other half”, rather than one where relationships are voluntary and can take a variety of forms.
A common refrain is that gays threaten the survival of the species, which is baffling considering that they are a tiny minority. And yet, it makes sense if you consider that it is also about group domination as well. As Lara Temple noted in her study of male rape, scholars “have posited … that the subjugation of gay men stems from the perception that they forfeit their male privilege by behaving like women”.
There is absolutely no reason why, in this day and age, biological differences should be assumed to ascribe limitations beyond the physical – just because nature decrees that it is the women who give birth and breastfeed, there is no reason to assume that they then must be the sole, or even primary caregivers. In the vast majority of instances, men and women can competently perform the same roles and share responsibilities. There is therefore no need to encourage men to get in touch with their supposed “feminine” side since what is coded feminine – such as a desire for and work towards cleanliness, hygiene and beauty in one’s self and their surroundings, as well as a desire to socialise with, care for and listen to others – is actually just human.
The same could be said of arguments that ideas of masculinity need not solely encompass violence and domination. Given that gender and its attributes are social constructions, Nigerian professor of history, Egodi Uchendu, notes that “yardsticks for assessing manifestations of masculinity could differ from place to place and from continent to continent”. There is no one masculinity, rather a multitude of ways to define manliness (as opposed to maleness). Some, like the Zulu, include traits such as honesty, wisdom and respect. Uchendu points out that among the Hua of Papua New Guinea, masculine subjects are seen “highly placed but physically powerless and weak”. And masculinity “is lost by men as they age but gained by women through childbearing”. Yet it is unclear why certain human qualities should be reserved to a particular sex at a particular time (or why their acquisition should necessarily come at the expense of other desirable traits) when they are clearly available to everyone at every time. And worse, they inevitably set up a power dynamic and competition that opens doors to violence and domination.
Towards a gender-free world
Creating a world free of gender does not mean that people wouldn’t think of themselves as men or women just as ridding the world of racism and tribalism needn’t require that people forsake their other made-up identities based on the biological adaptations coded as race, or on the imagined lineages coded as tribe. It just requires that we acknowledge that these are not markers of inherent differences beyond the physical or genealogical – if even that. This, however, will not be easy, just as creating a world free of other bigotries is not. The legacies of millennia of discrimination and marginalisation will need to be addressed and people, especially women, should be afforded help to overcome it. It is that legacy, for example, that necessitates measures like the not-more-than-two-thirds gender rule.
Unfortunately, we do not have recourse to a Thanos-like snap of the fingers that would dissolve long-standing bigotries and hostilities. Legal changes, while necessary, are not sufficient. They will need to be accompanied by targeted efforts to help women, as well as civic and cultural education campaigns and societal willingness to learn new ways to live and relate with each other. Change would take time to effect and to take hold. There will be many false starts, as there have been in the fight against racism and tribalism. But in the end, it will be worth it.
Creating a world free of gender does not mean that people wouldn’t think of themselves as men or women just as ridding the world of racism and tribalism needn’t require that people forsake their other made-up identities based on the biological adaptations coded as race, or on the imagined lineages coded as tribe. It just requires that we acknowledge that these are not markers of inherent differences beyond the physical or genealogical – if even that.
Getting rid of gender-determined roles would require men, for example, to shoulder their fair share of unpaid household labour – cooking, cleaning and caring – most of which is foisted on women. This would free the latter to pursue education, dreams and careers. In fact, a growing body of research suggests that what we often think of as a gender pay gap is more accurately described as a childbearing pay gap or motherhood penalty. Basically, women take a lifetime earnings hit when forced to drop out of the workforce to take care of children. In Kenya, a 2018 report by USAID notes that “unpaid care and domestic work burdens limit women’s contributions in and benefit from productive activities, constrains their mobility, and limits their access to market resources”. The same does not happen to men. In fact, a New York Times piece on pregnancy discrimination noted that while “each child chops 4 percent off a woman’s hourly wages…men’s earnings increase by 6 percent when they become fathers”. Yet there is no physical or biological reason why childcare and domestic duties cannot be more equally shared.
Dr Ngumi notes that “if masculinity is defined by oppression, for men it cannot be practised without it”. Going forward, Kenya, like other societies around the world, will need to address the problems created by the toxic idea of gender and to create better, more meaningful, and more complete notions of humanity that are not legitimised by the oppression of someone else. Men, in particular heterosexual men, will need to understand that life is not a zero-sum competition with and over women. The truth is, as Kenyan lawyer and writer, Marilyn Kamuru says, “There is room for all of us, men and women, heterosexual and homosexual, to live more authentic, freer lives.”
Breaking the dominance chain
Still, the question remains: What would men gain by relinquishing the power that masculinity has so far unfairly accorded them? Freedom for one. Because it is not just women and LGBTI folks who are oppressed by the idea of gender; heterosexual men are too. Kenyan academic Godwin Murunga notes that “the idea of flawed or hegemonic masculinity has been used to indicate that though all men enjoy the “patriarchal dividend” by the sheer fact of being men, these dividends do not accrue to all of them in the same manner and in equal measure”. It is perhaps more useful to think of it as a spectrum of domination, with women and sexual minorities at the bottom but with dominance being expressed right through the chain. Masculinity causes men to harm other men who are weaker, poorer, or who are of a different race or religion.
During the recent brutal attacks on protesters in Sudan, many men, as well as women, were raped by the Janjaweed militias. In fact, the rape of men is well-documented as a weapon in conflicts ranging from the Syrian civil war to that in the Democratic Republic of the Congo. And, as with the rape of women, it is about power, not sex. As a harrowing report on the rape of men in the Guardian explained, notions of gender and masculinity force a conspiracy of silence between perpetrators and victims with the latter often stigmatised and deserted by family and friends once their story is discovered. One victim in the report was afraid to let his own brother know: “I don’t want to tell him…I fear he will say: ‘Now, my brother is not a man'”. This demonstrates the truth of Lara Temple’s observation that “the rape of men is a form of gender oppression in which gendered hierarchies are reproduced”.
As alluded to above, men are also forced to give up a part of their human self in order to become more manly. The prohibitions against showing emotion, the constant competition to be First Bodi – or Alpha Male, the pressure to accumulate sexual “conquests”, all these take their toll, constantly shrinking their pool of experience, isolating them from the world, turning them into tired, grumpy, angry, old men, who have no idea how to love, how to be tender, how to be kind, or how to maintain mutually beneficial human relationships.
And they are downright dangerous. Studies have shown that “the system that keeps men in a collectively dominant position over women and in competitive relations to other men comes at a cost for men in terms of their health and quality of life. Faced with an ideal where physical resilience is valorised, men find it harder to seek healthcare and engage in preventive activities.”
On the other hand, equality has clear benefits for men. As Thomas Sankara said, “We do not talk of women’s emancipation as an act of charity or because of a surge of human compassion. It is a basic necessity for the triumph of the revolution. Women hold up the other half of the sky.”
Women’s empowerment need not – and does not – come at the expense of men. On the contrary, it is indispensable to their welfare and to that of all of society. The World Bank estimates that gender inequality in 2014 cost the global economy $160 trillion – which is double the total estimate for global GDP. And that figure has been rising along with population growth. Twenty years before, it was $123 trillion.
Bigotry, in the end, is incredibly short-sighted even as concerns the bigot’s own interests. “The repeal 162 case is an excellent example of this,” says political analyst and author, Nanjala Nyabola, citing the High Court ruling upholding laws criminalising gay sex. “Was it worth unraveling constitutional protections against discrimination just to protect a heteronormative idea of marriage which wasn’t even on the table?” she asks pointedly.
The cost of discrimination is not just to the victims but is borne by society as a whole. All of Kenya would benefit from a more diverse Parliament in terms of better governance. And the refusal to implement a constitutional principle is not just troubling for women. For if the people in power can ignore that provision, who is to say they cannot ignore any other provision? Are men really willing to forgo their own protections just to keep women in their place? Rather than be king of a small pond, wouldn’t it be better to share the bounty of an ocean of humanity? Only a man blinded by the idea of masculinity would say no.
A Dictator’s Guide: How Museveni Wins Elections and Reproduces Power in Uganda
Caricatures aside, how do President Yoweri Museveni and the National Revolutionary Movement state reproduce power? It’s been 31 years.
Recent weeks have seen increased global media attention to Uganda following the incidents surrounding the arrest of popular musician and legislator, Bobi Wine; emblematic events that have marked the shrinking democratic space in Uganda and the growing popular struggles for political change in the country.
The spotlight is also informed by wider trends across the continent over the past few years—particularly the unanticipated fall of veteran autocrats Muammar Gaddafi in Libya, Hosni Mubarak in Egypt, Yaya Jammeh in Gambia, and most recently Robert Mugabe in Zimbabwe—which led to speculation about whether Yoweri Museveni, in power in Uganda since 1986, might be the next to exit this shrinking club of Africa’s strongmen.
Yet the Museveni state, and the immense presidential power that is its defining characteristic, has received far less attention, thus obscuring some of the issues at hand. Comprehending its dynamics requires paying attention to at-least three turning points in the National Resistance Movement’s history, which resulted in a gradual weeding-out of Museveni’s contemporaries and potential opponents from the NRM, then the mobilisation of military conflict to shore up regime legitimacy, and the policing of urban spaces to contain the increasingly frequent signals of potential revolution. Together, these dynamics crystallised presidential power in Uganda, run down key state institutions, and set the stage for the recent tensions and likely many more to come.
From the late 1990s, there has been a gradual weeding out the old guard in the NRM, which through an informal “succession queue,” had posed an internal challenge to the continuity of Museveni’s rule. It all started amidst the heated debates in the late 1990s over the reform of the then decaying Movement system; debates that pitted a younger club of reformists against an older group. The resultant split led to the exit of many critical voices from the NRM’s ranks, and began to bolster Museveni’s grip on power in a manner that was unprecedented. It also opened the lid on official corruption and the abuse of public offices.
Over the years, the purge also got rid of many political and military elites—the so-called “historicals”—many of whom shared Museveni’s sense of entitlement to political office rooted in their contribution to the 1980-1985 liberation war, and some of whom probably had an eye on his seat.
By 2005 the purge was at its peak; that year the constitutional amendment that removed presidential term limits—passed after a bribe to every legislator—saw almost all insiders that were opposed to it, summarily dismissed. As many of them joined the ranks of the opposition, Museveni’s inner circle was left with mainly sycophants whose loyalty was more hinged on patronage than anything else. Questioning the president or harboring presidential ambitions within the NRM had become tantamount to a crime.
By 2011 the process was almost complete, with the dismissal of Vice President Gilbert Bukenya, whose growing popularity among rural farmers was interpreted as a nascent presidential bid, resulting in his firing.
One man remained standing, Museveni’s long-time friend Amama Mbabazi. His friendship with Museveni had long fueled rumors that he would succeed “the big man” at some point. In 2015, however, his attempt to run against Museveni in the ruling party primaries also earned him an expulsion from both the secretary general position of the ruling party as well as the prime ministerial office.
The departure of Mbabazi marked the end of any pretensions to a succession plan within the NRM. He was unpopular, with a record tainted by corruption scandals and complicity in Museveni’s authoritarianism, but his status as a “president-in-waiting” had given the NRM at least the semblance of an institution that could survive beyond Museveni’s tenure, which his firing effectively ended.
What is left now is perhaps only the “Muhoozi project,” a supposed plan by Museveni to have his son Muhoozi Kainerugaba succeed him. Lately it has been given credence by the son’s rapid rise to commanding positions in elite sections of the Ugandan military. But with an increasingly insecure Museveni heavily reliant on familial relationships and patronage networks, even the Muhoozi project appears very unlikely. What is clear, though, is that the over time, the presidency has essentially become Museveni’s property.
Fundamental to Museveni’s personalisation of power also has been the role of military conflict, both local and regional. First was the rebellion by Joseph Kony’s Lord’s Resistance Army in northern Uganda, which over its two-decade span enabled a continuation of the military ethos of the NRM. The war’s dynamics were indeed complex, and rooted in a longer history that predated even the NRM government, but undoubtedly it provided a ready excuse for the various shades of authoritarianism that came to define Museveni’s rule.
With war ongoing in the north, any challenge to Museveni’s rule was easily constructed as a threat to the peace already secured in the rest of the country, providing an absurd logic for clamping down on political opposition. More importantly, the emergency state born of it, frequently provided a justification for the president to side-step democratic institutions and processes, while at the same time rationalising the government’s disproportionate expenditure on the military. It also fed into Museveni’s self-perception as a “freedom fighter,” buttressed the personality cult around him, and empowered him to further undermine any checks on his power.
By the late 2000s the LRA war was coming to an end—but another war had taken over its function just in time. From the early 2000s, Uganda’s participation in a regional security project in the context of the War on Terror, particularly in the Somalian conflict, rehabilitated the regime’s international image and provided cover for the narrowing political space at home, as well as facilitating a further entrenchment of Museveni’s rule.
As post-9/11 Western foreign policy began to prioritise stability over political reform, Museveni increasingly postured as the regional peacemaker, endearing himself to donors while further sweeping the calls for democratic change at home under the carpet—and earning big from it.
It is easy to overlook the impact of these military engagements, but the point is that together they accentuated the role of the military in Ugandan politics and further entrenched Museveni’s power to degrees that perhaps even the NRM’s own roots in a guerrilla movement could never have reached.
The expulsion of powerful elites from the ruling circles and the politicisation of military conflict had just started to cement Musevenism, when a new threat emerged on the horizon. It involved not the usual antagonists—gun-toting rebels or ruling party elites—but ordinary protesters. And they were challenging the NRM on an unfamiliar battleground—not in the jungles, but on the streets: the 2011 “Walk-to-Work” protests, rejecting the rising fuel and food prices, were unprecedented.
But there is another reason the protests constituted a new threat. For long the NRM had mastered the art of winning elections. The majority constituencies were rural, and allegedly strongholds of the regime. The electoral commission itself was largely answerable to Museveni. With rural constituencies in one hand and the electoral body in the other, the NRM could safely ignore the minority opposition-dominated urban constituencies. Electoral defeat thus never constituted a threat to the NRM, at least at parliamentary and presidential levels.
But now the protesters had turned the tables, and were challenging the regime immediately after one of its landslide victories. The streets could not be rigged. In a moment, they had shifted the locus of Ugandan politics from the rural to the urban, and from institutional to informal spaces. And they were picking lessons from a strange source: North Africa. There, where Museveni’s old friend Gaddafi, among others, was facing a sudden exit under pressure from similar struggles. Things could quickly get out of hand. A strategic response was urgent.
The regime went into overdrive. The 2011 protests were snuffed out, and from then, the policing of urban spaces became central to the logic and working of the Museveni state. Draconian laws on public assembly and free speech came into effect, enacted by a rubber-stamp parliament that was already firmly in Museveni’s hands. Police partnered with criminal gangs, notably the Boda Boda 2010, to curb what was called “public disorder”—really the official name for peaceful protest. As police’s mandate expanded to include the pursuit of regime critics, its budget ballooned, and its chief, General Kale Kayihura, became the most powerful person after Museveni—before his recent dismissal.
For a while, the regime seemed triumphant. Organising and protest became virtually impossible, as urban areas came under 24/7 surveillance. Moreover, key state institutions—the parliament, electoral commission, judiciary, military and now the police—were all in the service of the NRM, and all voices of dissent had been effectively silenced. In time, the constitution would be amended again, by the NRM-dominated house, this time to remove the presidential age limit—the last obstacle to Museveni’s life presidency—followed by a new tax on social media, to curb “gossip.” Museveni was now truly invincible. Or so it seemed.
But the dreams of “walk-to-work”—the nightmare for the Museveni state—had never really disappeared, and behind the tightly-patrolled streets always lay the simmering quest for change. That is how we arrived at the present moment, with a popstar representing the widespread aspiration for better government, and a seemingly all-powerful president suddenly struggling for legitimacy. Whatever direction the current popular struggles ultimately take, what is certain is that they are learning well from history, and are a harbinger of many more to come.
The Enduring Blind Spots of America’s Africa Policy
America should move way from making the military the face of its engagement with Africa and instead invest in deepening democracy as a principled approach rather than a convenient choice.
While Donald Trump’s administration completely neglected America-Africa relations, the blind spots bedeviling America’s Africa policy preceded his 2016 election. Correcting the systemic flaws of the past 30 years will require a complete rethink after the controversial President’s departure.
To remedy America’s Africa policy, President Joseph Biden’s administration should pivot away from counterterrorism to supporting democratic governance as a principal rather than as mere convenience, and cooperate with China on climate change, peace, and security on the continent.
America’s Africa policy
America’s post-Cold War Africa policy has had three distinct and discernible phases. The first phase was an expansionist outlook undergirded by humanitarian intervention. The second was nonintervention, a stance triggered by the experience of the first phase. The third is the use of “smart” military interventions using military allies.
The turning point for the first phase was in 1989 when a victorious America pursued an expansive foreign policy approach predicated on humanitarian intervention. Somalia became the first African test case of this policy when, in 1992, America sent almost 30,000 troops to support Operation Restore Hope’s humanitarian mission which took place against the background of the collapse of the Somalia government in 1991.
On 3-4 October 1993, during the Battle of Mogadishu, 18 US servicemen were killed in a fight with warlords who controlled Mogadishu then, and the bodies of the marines dragged through the streets of Mogadishu. The media coverage increased pressure on the politicians and six months later America withdrew from Somalia — a case of the New World Order meeting the harsh reality of civil conflict.
The chastening experience resulted in America scaling back its involvement in internal conflicts in far-flung places. The result was the emergence of the second phase — non-engagement when Rwanda’s Genocide erupted in 1994 and almost a million people died in 100 days revealed the limitations of over-correcting the Somalia experience. This “non-interference” phase lasted until the twin Nairobi and Dar es Salaam US embassy bombings by Al Qaeda in 1998.
This gave way to the third phase with the realisation that the new threat to America was no longer primarily from state actors, but from transnational non-state actors using failing states as safe havens. The 2002 National Security Strategy states: “the events of September 11, 2001, taught us that weak states . . . can pose as a great danger to our national interests as strong states.”
Counterterrorism training and equipping of African militaries is the central plank of this new security policy. As a result, counterterrorism funding has skyrocketed as has America’s military footprint in Africa. As a result, Africa has become the theatre in which the Global forever War on Terror is fought.
The counterterrorism traps
The reflexive reaction to the events of September 11 2001 spawned an interlocking web of covert and overt military and non-military operations. These efforts, initially deemed necessary and temporary, have since morphed into a self-sustaining system complete with agencies, institutions and a specialised lingo that pervades every realm of America’s engagement with Africa.
The United States Africa Command (Africom) is the vehicle of America’s engagement with the continent. Counterterrorism blurred the line between security, development, and humanitarian assistance with a host of implications including unrelenting militarisation which America’s policy establishment embraced uncritically as the sine qua non of America’s diplomacy, their obvious flaws notwithstanding. The securitisation of problems became self-fulfilling and self-sustaining.
The embrace of counterterrorism could not have come at a worse time for Africa’s efforts at democratization. In many African countries, political and military elites have now developed a predictable rule-based compact governing accession to power via elections rather than the coups of the past.
“Smart” African leaders exploited the securitised approach in two main ways: closing the political space and criminalising dissent as “terrorism” and as a source of free money. In Ethiopia, Yonatan Tesfaye, a former spokesman of the Semayawi (Blue) Party, was detained in December 2015 on charges under Article 4 of Ethiopia’s Anti-Terrorism Proclamation ((EATP), arguably one of the the country’s most severe pieces of legislation. But Ethiopia has received millions of dollars from the United States.
The Department of Defense hardly says anything in public but gives out plenty of money without asking questions about human rights and good governance. Being a counterterrorism hub has become insurance policy against any form of criticism regardless of state malfeasance.
Egypt is one such hub. According to the Congressional Research Service, for the 2021 financial year, the Trump Administration has requested a total of US$1.4 billion in bilateral assistance for Egypt, which Congress approved in 2018 and 2019. Nearly all US funding for Egypt comes from the Foreign Military Finance (FMF) account and is in turn used to purchase military equipment of US origin, spare parts, training, and maintenance from US firms.
Another country that is a counterterrorism hub in the Horn of Africa is Ethiopia. For the few months they were in charge, the Union of Islamic Courts (ICU) brought order and stability to the country. Although they were linked to only a few of Mogadishu’s local courts, on 24 December 2006, Ethiopia’s military intervened in Somalia to contain the rise of Al Shabaab’s political and military influence.
The ouster of the ICU by Ethiopia aggravated the deep historical enmity between Somalia and Ethiopia, something Al Shabaab — initially the youth wing of the ICU — subsequently exploited through a mix of Somali nationalism, Islamist ideology, and Western anti-imperialism. Al Shabaab presented themselves as the vanguard against Ethiopia and other external aggressors, providing the group with an opportunity to translate their rhetoric into action.
Ethiopia’s intervention in Somalia could not have taken place without America’s blessing. The intervention took place three weeks after General John Abizaid, the commander of US forces from the Middle East to Afghanistan, met with the then Ethiopian Prime Minister Meles Zenawi. The intervention generated a vicious self-sustaining loop. Ethiopians are in Somalia because of Al Shabaab, and Al Shabaab says they will continue fighting as long as foreign troops are inside Somalia.
America has rewarded Ethiopia handsomely for its role as the Horn of Africa’s policeman. In both Ethiopia’s and Egypt’s case, on the score of human rights and good governance, the net losers are the citizens.
In keeping with the War on Terror being for forever, and despite departing Somalia in 1993, America outsourced a massive chunk of the fight against Al Shabaab to Ethiopia primarily, and later, to AMISOM. America is still engaged in Somalia where it has approximately 800 troops, including special forces that help train Somalia’s army to fight against Al Shabaab.
America carried out its first drone strike in Somalia in 2011 during President Barack Obama’s tenure. Under the Trump administration, however, the US has dramatically increased the frequency of drone attacks and loosened the oversight required to approve strike targets in Somalia. In March 2017, President Trump secretly designated parts of Somalia “areas of active hostilities”, meaning that the high-level inter-agency vetting of proposed strikes and the need to demonstrate with near certainty that civilians would not be injured or killed no longer applied. Last year, the US acknowledged conducting 63 airstrikes in the country, and in late August last year, the US admitted that it had carried out 46 strikes in 2020.
A lack of transparency regarding civilian casualties and the absence of empirical evidence that the strikes lead to a reduction in terrorism in Somalia suggest that expanding to Kenya would be ill-advised. The US has only acknowledged having caused civilian casualties in Somalia three times. Between 2016 and 2019, AFRICOM failed to conduct a single interview with civilian witnesses of its airstrikes in Somalia.
Despite this level of engagement, defeating Al Shabaab remains a remote possibility.
Containing the Chinese takeover
The Trump Administration did not have an Africa policy. The closest approximation of a policy during Trump’s tenure was stated in a speech delivered by John Bolton at a Conservative think tank decrying China’s nefarious activities in Africa. Even with a policy, where the counterterrorism framework views Africa as a problem to be solved by military means, the containing China policy views African countries as lacking the agency to act in their own interests. The problem with this argument is that it is patronising; Africans cannot decide what is right for them.
Over the last decades, while America was busy creating the interlocking counterterrorism infrastructure in Africa, China was building large-scale infrastructure across the continent. Where America sees Africa as a problem to be solved, China sees Africa as an opportunity to be seized.
Almost two years into the Trump administration, there were no US ambassadors deployed in 20 of Africa’s 54 countries even while America was maintaining a network of 29 military bases. By comparison China, has 50 embassies spread across Africa.
For three consecutive years America’s administration has proposed deep and disproportionate cuts to diplomacy and development while China has doubled its foreign affairs budget since 2011. In 2018, China increased its funding for diplomacy by nearly 16 per cent and its funding for foreign aid by almost 7 per cent.
As a show of how engagement with Africa is low on the list of US priorities, Trump appointed a luxury handbag designer as America’s ambassador to South Africa on 14 November 2018. Kenya’s ambassador is a political appointee who, when he is not sparring with Kenyans on Twitter, is supporting a discredited coal mining project.
The US anti-China arguments emphasize that China does not believe in human rights and good governance, and that China’s funding of large infrastructure projects is essentially debt-trap diplomacy. The anti-China rhetoric coming from American officials is not driven by altruism but by the realisation that they have fallen behind China in Africa.
By the middle of this century Africa’s population is expected to double to roughly two billion. Nigeria will become the second most populous country globally by 2100, behind only India. The 24-country African Continental Free Trade Agreement (AfCFTA) entered into force on 30 May 2019. AfCFTA will ultimately bring together all 55 member states of the African Union covering a market of more than 1.2 billion people — including a growing middle class — and a combined gross domestic product (GDP) of more than US$3.4 trillion.
While Chinese infrastructure projects grab the headlines, China has moved into diversifying its engagement with Africa. The country has increased its investments in Africa by more than 520 per cent over the last 15 years, surpassing the US as the largest trading partner for Africa in 2009 and becoming the top exporter to 19 out of 48 countries in sub-Saharan Africa.
Some of the legacy Chinese investments have come at a steep environmental price and with an unsustainable debt. Kenya’s Standard Gauge Railway is bleeding money and is economically unviable.
A fresh start
Supporting democratic governance and learning to cooperate with China are two areas that will make America part of Africa’s future rather than its past.
America should pivot way from making the military the most visible face of its engagement with Africa and instead invest in deepening democracy as a principled approach rather than a convenient choice.
Despite the elegy about its retreat in Africa, democracy enjoys tremendous support. According to an Afro barometer poll, almost 70 per cent of Africans say democracy is their preferred form of government. Large majorities also reject alternative authoritarian regimes such as presidential dictatorships, military rule, and one-party governments. Democracy, while still fledgling, remains a positive trend; since 2015, there have been 34 peaceful transfers of power.
However, such positive metrics go hand in hand with a worrying inclination by presidents to change constitutions to extend their terms in office. Since 2015, leaders of 13 countries have evaded or overseen the weakening of term limit restrictions that had been in place. Democracy might be less sexy, but ignoring it is perilous. There are no apps or switches to flip to arrest this slide. It requires hard work that America is well equipped to support but has chosen not to in a range of countries in recent years There is a difference between interfering in the internal affairs of a country and complete abdication or (in some cases) supporting leaders who engage in activities that are inimical to deepening democracy.
The damage wrought by the Trump presidency and neo-liberal counterterrorism policies will take time to undo, but symbolic efforts can go a long way to bridging the gap.
America must also contend with China being an indispensable player in Africa and learn to cooperate rather than compete in order to achieve optimal outcomes.
China has 2,458 military and police personnel serving in eight missions around the globe, far more than the combined contribution of personnel by the other four permanent members of the UN Security Council, Russia, the US, France and Britain. China had more than 2,400 Chinese troops take part in seven UN peacekeeping missions across the continent — most notably in Mali and South Sudan. Of the 14 current UN peacekeeping missions, seven are in Africa, consuming two-thirds of the budget.
Climate change and conflict resolution provide opportunities for cooperation. Disproportionate reliance on rain-fed agriculture and low adaptation to the adverse impact of climate change make Africa vulnerable to the damaging effects of climate change, the consequences of which will transcend Africa. Through a combination of research, development, technological transfer and multilateral investment, America and China could stave off the impact of climate change in Africa.
Hijacking Kenya’s Health Spending: Companies Linked to Powerful MP Received Suspicious Procurement Contracts
Two obscure companies linked to Kitui South MP Rachael Kaki Nyamai were paid at least KSh24.2 million to deliver medical supplies under single-source agreements at the time the MP was chair of the National Assembly’s Health Committee.
Two obscure companies linked to Kitui South MP Rachael Kaki Nyamai were paid at least KSh24.2 million to deliver medical supplies under single-source agreements at the time the MP was chair of the National Assembly’s Health Committee, an investigation by Africa Uncensored and The Elephant has uncovered.
One of the companies was also awarded a mysterious Ksh 4.3 billion agreement to supply 8 million bottles of hand sanitizer, according to the government’s procurement system.
The contracts were awarded in 2015 as authorities moved to contain the threat from the Ebola outbreak that was ravaging West Africa and threatening to spread across the continent as well as from flooding related to the El-Nino weather phenomenon.
The investigation found that between 2014 and 2016, the Ministry of Health handed out hundreds of questionable non-compete tenders related to impending disasters, with a total value of KSh176 billion including three no-bid contracts to two firms, Tira Southshore Holdings Limited and Ameken Minewest Company Limited, linked to Mrs Nyamai, whose committee oversaw the ministry’s funding – a clear conflict of interest.
Although authorities have since scrutinized some of the suspicious contracts and misappropriated health funds, the investigation revealed a handful of contracts that were not made public, nor questioned by the health committee.
Mrs Nyamai declined to comment for the story.
Nyamai has been accused by fellow members of parliament of thwarting an investigation of a separate alleged fraud. In 2016, a leaked internal audit report accused the Ministry of Health — colloquially referred to for its location at Afya House — of misappropriating funds in excess of nearly $60 million during the 2015/2016 financial year. Media stories described unauthorized suppliers, fraudulent transactions, and duplicate payments, citing the leaked document.
Members of the National Assembly’s Health Committee threatened to investigate by bringing the suppliers in for questioning, and then accused Nyamai, the committee chairperson, of blocking their probe. Members of the committee signed a petition calling for the removal of Nyamai and her deputy, but the petition reportedly went missing. Nyamai now heads the National Assembly’s Committee on Lands.
Transactions for companies owned by Mrs Nyamai’s relatives were among 25,727 leaked procurement records reviewed by reporters from Africa Uncensored, Finance Uncovered, The Elephant, and OCCRP. The data includes transactions by eight government agencies between August 2014 and January 2018, and reveals both questionable contracts as well as problems that continue to plague the government’s accounting tool, IFMIS.
The Integrated Financial Management Information System was adopted to improve efficiency and accountability. Instead, it has been used to fast-track corruption.
Hand sanitizer was an important tool in fighting transmission of Ebola, according to a WHO health expert. In one transaction, the Ministry of Health paid Sh5.4 million for “the supply of Ebola reagents for hand sanitizer” to a company owned by a niece of the MP who chaired the parliamentary health committee. However, it’s unclear what Ebola reagents, which are meant for Ebola testing, have to do with hand sanitizer. Kenya’s Ministry of Health made 84 other transactions to various vendors during this period, earmarked specifically for Ebola-related spending. These included:
- Public awareness campaigns and adverts paid to print, radio and tv media platforms, totalling at least KSh122 million.
- Printed materials totalling at least KSh214 million for Ebola prevention and information posters, contact tracing forms, technical guideline and point-of-entry forms, brochures and decision charts, etc. Most of the payments were made to six obscure companies.
- Ebola-related pharmaceutical and non-pharmaceutical supplies, including hand sanitizer
- Ebola-related conferences, catering, and travel expenses
- At least KSh15 millions paid to a single vendor for isolation beds
Hacking the System
Tira Southshore Holdings Limited and Ameken Minewest Company Limited, appear to have no history of dealing in hygiene or medical supplies. Yet they were awarded three blanket purchase agreements, which are usually reserved for trusted vendors who provide recurring supplies such as newspapers and tea, or services such as office cleaning.
“A blanket agreement is something which should be exceptional, in my view,” says former Auditor-General, Edward Ouko.
But the leaked data show more than 2,000 such agreements, marked as approved by the heads of procurement in various ministries. About KSh176 billion (about $1.7 billion) was committed under such contracts over 42 months.
“Any other method of procurement, there must be competition. And in this one there is no competition,” explained a procurement officer, who spoke generally about blanket purchase agreements on background. “You have avoided sourcing.”
The Ministry of Health did not respond to detailed questions, while Mrs Nyamai declined to comment on the contracts in question.
Procurement experts say blanket purchase agreements are used in Kenya to short-circuit the competitive process. A ministry’s head of procurement can request authority from the National Treasury to create blanket agreements for certain vendors. Those companies can then be asked by procurement employees to deliver supplies and services without competing for a tender.
Once in the system, these single-source contracts are prone to corruption, as orders and payments can simply be made without the detailed documentation required under standard procurements. With limited time and resources, government auditors say they struggle especially with reconciling purchases made under blanket agreements.
The agreements were almost always followed by standard purchase orders that indicated the same vendor and the same amount which is unusual and raises fears of duplication. Some of these transactions were generated days or weeks after the blanket agreements, many with missing or mismatched explanations. It’s unclear whether any of these actually constituted duplicate payments.
For example, the leaked data show two transactions for Ameken Minewest for Sh6.9 million each — a blanket purchase order for El Nino mitigation supplies and a standard order for the supply of chlorine tablets eight days later. Tira Southshore also had two transactions of Sh12 million each — a blanket purchase for the “supply of lab reagents for cholera,” and six days later a standard order for the supply of chlorine powder.
Auditors say both the amounts and the timing of such payments are suspicious because blanket agreements should be paid in installments.
“It could well be a duplicate, using the same information, to get through the process. Because you make a blanket [agreement], then the intention is to do duplicates, so that it can pass through the cash payee phase several times without delivering more,” said Ouko upon reviewing some of the transactions for Tira Southshore. This weakness makes the IFMIS system prone to abuse, he added.
In addition, a KSh4 billion contract for hand sanitizer between the Health Ministry’s Preventive and Promotive Health Department and Tira Southshore was approved as a blanket purchase agreement in April 2015. The following month, a standard purchase order was generated for the same amount but without a description of services — this transaction is marked in the system as incomplete. A third transaction — this one for 0 shillings — was generated 10 days later by the same procurement employee, using the original order description: “please supply hand sanitizers 5oomls as per contract Moh/dpphs/dsru/008/14-15-MTC/17/14-15(min.no.6).
Reporters were unable to confirm whether KSh4 billion was paid by the ministry. The leaked data doesn’t include payment disbursement details, and the MOH has not responded to requests for information.
“I can assure you there’s no 4 billion, not even 1 billion. Not even 10 million that I have ever done, that has ever gone through Tira’s account, through that bank account,” said the co-owner of the company, Abigael Mukeli. She insisted that Tira Southshore never had a contract to deliver hand sanitizer, but declined to answer specific questions. It is unclear how a company without a contract would appear as a vendor in IFMIS, alongside contract details.
It is possible that payments could end up in bank accounts other than the ones associated with the supplier. That is because IFMIS also allowed for the creation of duplicate suppliers, according to a 2016 audit of the procurement system. That audit found almost 50 cases of duplication of the same vendor.
“Presence of active duplicate supplier master records increases the possibility of potential duplicate payments, misuse of bank account information, [and] reconciliation issues,” the auditors warned.
They also found such blatant security vulnerabilities as ghost and duplicate login IDs, deactivated requirements for password resets, and remote access for some procurement employees.
IFMIS was promoted as a solution for a faster procurement process and more transparent management of public funds. But the way the system was installed and used in Kenya compromised its extolled safeguards, according to auditors.
“There is a human element in the system,” said Ouko. “So if the human element is also not working as expected then the system cannot be perfect.”
The former head of the internal audit unit at the health ministry, Bernard Muchere, confirmed in an interview that IFMIS can be manipulated.
Masking the Setup
Ms Mukeli, the co-owner of Tira Southshore and Ameken Minewest, is the niece of Mrs Nyamai, according to local sources and social media investigation, although she denied the relationship to reporters. According to her LinkedIn profile, Ms Mukeli works at Kenya Medical Supplies Agency, a medical logistics agency under the Ministry of Health, now embroiled in a COVID procurement scandal.
Ms Mukeli’s mother, who is the MP’s elder sister, co-owns Icpher Consultants Company Ltd., which shares a post office box with Tira Southshore and Mematira Holdings Limited, which was opened in 2018, is co-owned by Mrs Nyamai’s husband and daughter, and is currently the majority shareholder of Ameken Minewest. Documents also show that a company called Icpher Consultants was originally registered to the MP, who was listed as the beneficial owner.
Co-owner of Tira Southshore Holdings Limited, Abigael Mukeli, described the company to reporters as a health consulting firm. However Tira Southshore also holds an active exploration license for the industrial mining in a 27-square-kilometer area in Kitui County, including in the restricted South Kitui National Reserve. According to government records, the application for mining limestone in Mutomo sub-county — Nyamai’s hometown — was initiated in 2015 and granted in 2018.
Mukeli is also a minority owner of Ameken Minewest Company Limited, which also holds an active mining license in Mutomo sub-county of Kitui, in an area covering 135.5 square kilometers. Government records show that the application for the mining of limestone, magnesite, and manganese was initiated in 2015 and granted in 2018. Two weeks after the license was granted, Mematira Holdings Limited was incorporated, with Nyamai’s husband and daughter as directors. Today, Mematira Holdings is the majority shareholder of Ameken Minewest, which is now in the process of obtaining another mining license in Kitui County.
According to public documents, Ameken also dabbles in road works and the transport of liquefied petroleum gas. And it’s been named by the Directorate of Criminal Investigations in a fuel fraud scheme.
Yet another company, Wet Blue Proprietors Logistics Ltd., shares a phone number with Tira Southshore and another post office box with Icpher Consultants Company Ltd., according to a Kenya National Highway Authority list of pre-qualified vendors.
Mrs Nyamai and her husband co-own Wet Blue. The consulting company was opened in 2010, the same year that the lawmaker completed her PhD work in HIV/AIDS education in Denmark.
Wet Blue was licenced in 2014 as a dam contractor and supplier of water, sewerage, irrigation and electromechanical works. It’s also listed by KENHA as a vetted consultant for HIV/AIDS mitigation services, together with Icpher Consultants.
It is unclear why these companies are qualified to deliver all these services simultaneously.
“Shell companies receiving contracts in the public sector in Kenya have enabled corruption, fraud and tax evasion in the country. They are literally special purpose vehicles to conduct ‘heists’ and with no track record to deliver the public goods, works or services procured,” said Sheila Masinde, executive director of Transparency International-Kenya.
Both MOH and Ms Mukeli refused to confirm whether the ordered supplies were delivered.
Mrs Nyamai also co-owns Ameken Petroleum Limited together with Alfred Agoi Masadia and Allan Sila Kithome.
Mr Agoi is an ANC Party MP for Sabatia Constituency in Vihiga County, and was on the same Health Committee as Mrs Nyamai, a Jubilee Party legislator. Mr Sila is a philanthropist who is campaigning for the Kitui County senate seat in the 2022 election.
Juliet Atellah at The Elephant and Finance Uncovered in the UK contributed reporting.
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