The official introduction of genetically modified organisms (GMOs) in Uganda has been delayed yet again as President Yoweri Museveni declines to assent to the National Biotechnology and Biosafety Bill, first passed by Parliament in October 2017. President Museveni sent the Biosafety Act back to Parliament in December 2017, citing a number of concerns he had with it, which he said were “inimical to our future”.
Nearly two years later, he states that Parliament has not addressed those issues to his satisfaction in the reviewed legislation now called the Genetic Engineering Regulatory Act (GERA) passed in August 2019. His second rejection has reopened the GMO debate. The name change signals a new understanding of the paramount need to regulate the technology if its promotion is to serve its purpose and achieve its ends.
In January 2018, the issues were that the National Biotechnology and Biosafety Act should provide for:
- Preservation of biodiversity in indigenous crops by construction of a gene bank;
- Clarification of the ownership of patents for GMOs;
- Identifiability of GMOs by compulsory and regulated labeling;
- Provisions for isolation of GMOs from indigenous seeds, including protecting the environment from pollen and effluent from GMO farms;
- Explicit prohibition of the use of biotechnology in human genetic engineering; and
- Penalties for non-compliance.
Protection of biodiversity
The over-arching question is whether Uganda has a regulatory environment capable of protecting the country’s biodiversity and commercial interests. A good illustration of the importance of sound internal control as a basis for major financial and development decisions is the rehabilitation and development programmes of the 1990s. Before agreeing to replace multiple independent and uncoordinated projects with direct budget support through the Treasury, stakeholders (lenders and grant-makers) insisted on audits of the control (regulatory) environment. When it was found to be weak, steps were taken to strengthen it. Those projects went ahead, the perceived urgency of many overriding due diligence. Looking back at the outcomes of the Universal Primary Education programme, or the District Health Scheme in delivering the National Minimum Healthcare Package, one can only conclude that a lot of resources, including time, were lost by introducing them into a weak environment. Commercial activities with an environmental impact, such as sand mining, have been as damaging as they have because of similar weaknesses in the regulatory environment.
As it is, the statutory National Seed Testing Laboratory (required under Section 11 of the Agricultural Seed and Plant Act, 1994) was unable to prevent the invasion of the armyworm in 2017. It is suspected to have been imported in American produce, yet the Auditor General reported in that year “lack of adequate laboratories for the [post-entry quarantine station] department exposes the whole agricultural sector to risks of inferior crop varieties being imported into the country including failure to control the new invading pests”.
The over-arching question is whether Uganda has a regulatory environment capable of protecting the country’s biodiversity and commercial interests.
Biodiversity is an asset that is vulnerable to commodification. Abandonment of or damage to biodiversity will lead to dependency on GMOs. Dependency on imported seeds that have to be bought every season with a currency that is weaker each year is not a viable solution to hunger.
As with the lake and river beds and wetlands nominally protected by the Constitution, the protection of biodiversity can be waived for a “license fee”. The destruction of many wetlands has been achieved under licence from the National Environment Management Authority (NEMA). Where unlicenced, it has happened under NEMA’s watch. The Wetland Management Department has neither demarcated nor gazetted the wetlands and only 0.3 per cent of the targeted restorations having been implemented. It is unlikely to achieve the target of restoring 12 per cent of those destroyed wetlands by 2020. Yet the same administration is expected to gazette and preserve indigenous plants in a gene bank (distributed across different locations).
In the case of GMOs, an audit trail based on labelling is expected to be maintained so that the origin of specific GMOs can be traced back to the developer/patent-holder, allowing them to be held to account for any undesirable outcomes. It is a beginning, but how capable is the control environment in September 2019?
A key requirement for maintaining an audit trail is labeling; of firms, individuals, seeds, other planting materials and chemicals. Just reviewing our recent performance in the agricultural sector we that find 50 per cent of hybrid maize on the market is fake. The Economic Policy Research Centre says counterfeits are putting livelihoods at risk. This is the environment in which GMO labels are going to be relied on.
Approved seeds must be registered in a national seed catalogue. Inclusion in the seed catalogue is the country’s only protection from seeds deemed undesirable for scientific or commercial reasons. Oversight of the registration function – just like oversight over preserving sovereignty immunity in loan negotiations, and oversight over licencing forests, lakes and rivers for commercial use – is not a function in the public domain. As a result, the regulatory environment depends almost exclusively on post-mortem reports by the Auditor General. Abuses cannot be interrupted as they occur. They can only be reported once the (irreversible) damage is done, as with the wetlands. For example, the Auditor General’s report of 2017 queries the unsystematic manner in which tax-waivers are distributed among investors, often to the detriment of the economy. Without public scrutiny, such abuses continue to be pervasive in every area of enterprise.
To avoid extinction by contamination, or what is called “co-mingling”, isolation measures will need to be devised and enforced; there must be distances between indigenous plants and nearby GMOs that could likely contaminate them. The stipulated distances may constitute the entire area available to the average smallholder farmer, the smallholder possibly being prohibited from growing his indigenous plants in the vicinity of his larger commercial GMO neighbour and thus edged out of the industry. If the commercial neighbour happens to be a foreign investor, it goes without saying who would win that turf war.
Some patented planting material may be tied to certain ancillary products like fertilizers. If failure to adhere to those conditions doesn’t exclude produce from the international market altogether, the price may be affected, meaning that the benefit of the larger harvest will be eroded by lower prices.
In 2017/2018 there was talk of a plant gene bank to preserve indigenous varieties. It is surprising that Parliament is attempting to push the legislation through a second time without educating and assuring the public of the existence of the gene bank. The gene bank, which may comprise of plant beds in situ, in vitro-specimens or cryogenically frozen material preserved in labs, remains elusive although there are claims that it exists. It is unclear whether the gene bank is complete and meets international standards. Whether it was possible in this country to create a plant gene bank in the eighteen months that have elapsed since it was first mooted is doubtful.
Enquiries from a scientist on social media produced the response that there are germplasm collection sites in Uganda in Kawanda and Mbarara as well as in selected farmer fields. One can only hope that Northern and Eastern produce, such as malakwang and moyaa (shea butter), will also be preserved.
A legal regime is proposed to make the patent-holder and importer of GMOs strictly liable for any harm caused by their use, thus putting the onus for their safe use on the patent-holder/importer and protecting farmers from potential negligent or reckless commercial activities. This is another potential internal control weakness – an opportunity for rent-seeking by public officials. As they do with regard to tax-holidays and free land and other incentives, investors may stipulate they will only “help” (investment is seen as aid in Uganda) if they are given indemnity from prosecution, in addition to the usual incentives. (Note that tax-holidays were abolished by the Ministry of Finance in the 1990s but have continued to exist.)
Food security, whose business is it?
Who is responsible for a nation’s food security? “Development partners” (DPs), the international community, philanthropists, World Economic Forum groupies, random anonymous foreigners on Twitter, or the State and its citizens? When food security is being discussed at the World Economic Forum why is Bill Gates there and not independent scientists and maybe smallholder farmers from food-insecure countries? Does it matter that some of those attending are investors in GMOs?
The impression created is that people other than Ugandans have a greater stake in their food security than Ugandans do. From the standpoint of the Ugandan in to whose territory GMOs are about to be introduced, the debate is about food and survival. Attempting to exclude sections of stakeholders on the basis that the industry and scientists know and care more about their well-being than ordinary Ugandans themselves is not a useful approach to promoting the technology. In Uganda, if the GERA becomes law, the official custodian of food security is likely to be the proposed National Genetic Engineering Council under the Office of the President.
Given our lack of effective irrigation (only 1 per cent of potentially irrigable arable land is under irrigation, according to BMAU Briefing Paper, 6/18 May 2018) and the increasing incidence of drought owing to global warming, it is to be expected that the main rationale adopted for the “urgent” need to legalise GMO use is to ensure food security, to end hunger, and to bring prosperity (Note: There were only three serious droughts in the 60 years between 1910 and 1970 but eight between the 40 years between 1970 and 2010.)
Undernourishment rose by an average one percentage point a year between 2006 and 2011 and accelerated to an average two percentage points plus every year from 2011 to 2017, according to the World Bank.. Statistics from the GMO industry show that harvests can be tripled for some crops; pests can be resisted and droughts can be survived by GMO seeds. Coupled with statistics relating to the country’s population growth of 3.3 per cent per year and the 42 million mouths to feed, it is easy to make the case for legalisation as soon as possible. Add the promise that the law will recognise citizens as proprietors of the country’s biodiversity and ensure that they are guaranteed a share in biotechnology developed from it and you have a totally seductive package.
Attempting to exclude sections of stakeholders on the basis that the industry and scientists know and care more about their well-being than ordinary Ugandans themselves is not a useful approach to promoting the technology.
Yet in many ways, food security is the least convincing argument for GMOs, especially when it comes in intemperate interventions by foreigners with undisclosed interests. Logically, if there were genuine concerns about ending hunger, by now development partners would have adopted simpler solutions, such as irrigation and fairer Economic Partnership Agreements (EPAs) with Europe. Non-tariff trade barriers would have been dismantled. However, that has not happened; Ugandan and other African farmers continue to be unable to meet technical requirements for exports designed to limit their market penetration.
Value-addition to commodities remains a distant dream under the EPAs. Although they are said to be geared to the mutual benefit of the parties and to “contribute, through trade and investment, to sustainable development and poverty reduction” and to transform African, Caribbean and Pacific countries from commodities exporters to exporters of services and goods with added value, trade with Europe follows the colonial pattern and is mainly in unprocessed commodities.
It is only because of the Brexit crisis that the truth about EPAs was officially acknowledged in a debate in the British Parliament aimed at finding post-Brexit markets.
“Apparently, EPA deals had been struck behind closed doors by professional and highly skilled negotiators from the EU, which the best efforts of their African counterparts just could not match. There was little or no input from the Parliaments they were dealing with, and no public debate. Apparently, the conditions imposed in the EPAs were not scrutinised, and there was no analysis of the long-term impact that their restrictions would have on the economies of the countries they were dealing with.” (Chidgey, November 2017)
Logically, if there were genuine concerns about ending hunger, by now development partners would have adopted simpler solutions, such as irrigation and fairer EPAs with Europe.
If that is the current case with EPAs, how much more or less prepared is Uganda to negotiate GMO agreements?
President Museveni’s letter points out that the introduction of GMOs has implications for Uganda’s sovereignty. Yet his own government has ensured loss of sovereignty through bilateral loan treaties for infrastructure development under which the State’s immunity from prosecution by commercial interests was waived and arbitration will take place under lender-country laws by arbitrators appointed by the lender (Auditor General, 2018). In the health sector, all the risks related to the investment in Lubowa Hospital are borne by the government, which provided 100 per cent of the financing and all of the land, and yet the contractor was able to bar a parliamentary committee from carrying out a spot inspection when the project went awry.
EPAs and trade barriers will remain tools at the disposal of both genuine and predatory investors in GMOs. For example, GMO planting material will come with strict usage instructions. Failure – through ignorance or poverty – to employ the approved regimen, such as fertilizers, could reduce or nullify their export value. In that way, farmers could be locked into patented seed and ancillary products.
Furthermore, any liability for harm to humans or damage to the environment could be side-stepped simply by stating that incorrect methods were used. Yet it is clear from the start that very few farmers will be able to implement the isolation requirements, for example. Just going on the experience of the tea industry regeneration scheme (in which only 20 per cent of seedlings were planted in the correct topography) or rice production (which fell by 72 per cent under the scheme), or coffee (which has only a 42% germination rate) – all failing due to lack of effective extension support – it is folly to assume that introducing GMOs is a matter of reading the instructions on the tin (assuming you can understand the language and are able to read 9-point text on a grey background).
Extension support is essential for the successful introduction of any crop, but there is an almost total absence of government agricultural extension services since the early 1990s when they were retrenched. (The military deployed under Operation Wealth Creation is not an effective substitute.) It was expected that the private sector would fill the gap but the Kenyan experience is instructive. Organic farmers in Machakos reported that seed sellers deploy salesmen under the guise of extension workers – hardly impartial advice. In Zambia some years ago, GMO salesmen were suspected to have co-opted public officials, stymying the GM debate in that country.
Furthermore, any liability for harm to humans or damage to the environment could be side-stepped simply by stating that incorrect methods were used. Yet it is clear from the start that very few farmers will be able to implement the isolation requirements, for example.
Still on the domestic front, African governments failed to tackle transaction costs and post-harvest losses which, it is argued, if mitigated, Africa could feed itself. These possibilities were not exhausted before the radical solution of GMOs was proposed.
Glyphosate and other hazardous chemicals
The introduction of GMOs has been accompanied by super weeds – giant weeds resistant to ordinary weed-killers that require more toxic chemicals to control. The GERA will, if the President’s stipulations are followed, also govern (he says prohibit) the use of glyphosate, the ubiquitous herbicide owned by the largest purveyor of GMO seeds and under justified suspicion of causing cancer, and other potentially harmful chemicals until our own scientists have evaluated them. Twenty-nine other jurisdictions in Europe, South America and Asia have banned or intend to ban glyphosate. Germany has just announced a ban by 2022. Unless specifically addressed, it could end up being dumped in Uganda (along with DDT) in an aid package as part of a requirement for use with their GMOs.
It is argued that a case-by-case introduction of GMO plants may be feasible. Nothing could be more legally hazardous. A sound regulatory environment is a prerequisite for the legally safe adoption of GMOs. If, for example, a GMO investor sets up shop in Uganda and later the proposed Genetic Engineering Council develops regulations based on later research curtailing some of the investor’s activities or banning dangerous ones, the Government of Uganda could – would – be liable for the investor’s financial losses under the investor-state dispute settlement (ISDS) system. Under the ISDS, investors are able to challenge public welfare legislation in countries in which they invest. Regardless of outcomes (which are often unfavourable to the target State) the arbitration procedure is very costly. For the investor it would not be a bad deal; s/he would simply calculate how much s/he expected to profit and be compensated for that without even having done the work.
Unscrupulous investors have taken advantage of this legality in other countries where they invest in controversial areas and simply file a suit once the domestic government eventually curtails their activities by law.
Ugandan scientists’ freedom to operate
But there are other interests, such as domestic scientists who desire and need freedom to operate. In his letter to Parliament, President Museveni highlights the need for domestic research. Domestic developers also have a GMO product. It is unfortunate that some Ugandan scientists receive warnings about GMOs as indictments of their ability to deliver domestically developed GMOs. Nothing could be further from the truth. It is appreciated that it would be a massive career opportunity to be able to roll out products that may have been under development for years. It is an opportunity for Uganda to invest in scientific research.
It is argued that a case-by-case introduction of GMO plants may be feasible. Nothing could be more legally hazardous. A sound regulatory environment is a prerequisite for the legally safe adoption of GMOs.
If GMO solutions implemented were home-grown and the fruits of Uganda-funded research, there might be less suspicion and resistance. If the GERA provided any certainty that Ugandan GMOs would be protected and put into use ahead of imports (in the same way that the USA and Europe protect their own industries), the discussion would be different. It will be necessary to fight for the rights of domestic scientists and to ensure their research is actually theirs and not commissioned by the GMO lobby.
Foreign players are the most vocal and aggressive in this matter because they stand to gain the most by dominating the market. They can also afford to pay for propaganda and, let’s face it, bribes. A GMO film, Food Evolution, commissioned by the Institute for Food Technologists, was shot partly in Uganda. Food industry scientist Marion Nestle appeared in it for 10 seconds saying there was no evidence of harm in eating GMO produce. In her review of the film titled “Food Politics”, she states she has tried to have the clip deleted because, according to her, her comments were edited out of context. She refers to an article in the New York Times in which it is claimed leaked email evidence shows the GMO lobby pays researchers to front for it. Not surprising.
To quote Nestlé, “Food Evolution focuses exclusively on the safety of GMOs; it dismisses environmental issues out of hand. It extols the benefits of the virus-resistant Hawaiian papaya and African banana but says next to nothing about corn and soybean monoculture and the resulting weed resistance, and it denies the increase in use of toxic herbicides now needed to deal with resistant weeds. It says nothing about how this industry spends fortunes on lobbying and infighting labeling transparency.” (Labelling transparency is one of the conditions Museveni has laid down for his assent to the Act.)
Nestlé adds that GMO lobbyists promote the view that anyone less than enthusiastic about them is “anti-science, ignorant, and stupid”.
Written and published with the support of the Route to Food Initiative (RTFI) (www.routetofood.org). Views expressed in the article are not necessarily those of the RTFI.
‘You’re Not Welcome Here’: How Europe Is Paying Millions to Stop Migration From Africa
8 min read. Instead of addressing the root causes if illegal migration to Europe – including the exploitation of the Global South by the Global North – EU countries are evading the problem by paying off African countries to intercept the migrants before they reach European shores.
It is a known fact that Europe has been struggling with a serious migrant crisis in the last ten years. What is less known is that the ghost of a tremendous accusation is hovering over the plans established by the European authorities to contain the apparently unstoppable flow of immigrants. According to some sources, the funds that have been allocated to control the migratory flows have been diverted to support paramilitary forces or other nefarious organisations involved in human trafficking.
These forces allegedly act as a buffer that prevent people from reaching Europe by all means (even the most violent ones) rather than addressing the root causes of irregular migration. The European Union (EU) authorities denied all the accusations, and even suspended some of these funds, a move that has been seen by some as an admission of guilt. Although cutting the proverbial Gordian knot and finding the truth may be impossible right now, let’s try to clarify what is happening today by providing a better overview of the current scenario.
Europe and the 2015 migrant crisis
Every year, hundreds of thousands of displaced people and refugees from Africa, Eastern Europe, and the Middle East flee complex emergencies, natural disasters, and wars. They join the already immense river of humans who try to escape poverty and desperation by immigrating to the Old Continent. The reasons for this huge flow of humans are many, ranging from the recent political turbulence following the Arab Spring, to the evolution of the many conflict theatres and the harsh consequences of climate change.
Even if a solution could be found to stop each one of these different scenarios, it would require many years before it could bring any tangible change or impact. A lot of rhetoric ensued until a huge divide split the cacophonous political debate into two entrenched factions whose opinions cannot seem to be reconciled anytime soon. For some, these people are an invaluable resource that can rejuvenate a dying continent suffering from a chronic lack of a fresh young unspecialised workforce. For others, they are just parasites who can undermine the very roots of the Christian-based European culture, endangering the entire social fabric of a society that has based its wealth upon slavery, colonialism, and the exploitation of people for centuries.
However, an indisputable problem still had to be dealt with – the number of irregular immigrants reaching Europe was way too high to be managed. With over 2 million illegal crossings detected between 2015 and 2016, it was clear that the old containment policies were desperately failing in so many ways that they held no water whatsoever. Extremist and right wing political forces took advantage of this crisis to pull the whole continent into a populist drift, with racism and segregation running rampant to fuel hate, fear, and ancient religious rivalries. For the first time in decades, the European Union (EU) was facing the risk of having to deal with a widespread social crisis that could destabilise the entire political and economic asset. A plan that could address the different root causes of these never-ending migratory flows could hardly be imagined.
But the EU authorities had to find a rapid solution. They didn’t have the time (nor the interest) to tackle the reasons why these people were desperate and poor. Rather than caring about the lives of these masses of destitute individuals who were immigrating to Europe, they decided to stop them in their tracks before they could cross the borders. To put it bluntly, desperate and poor people from Africa, Eastern Europe, and the Middle East were still left desperate and poor – they only had to be desperate and poor somewhere else.
Turning a blind eye to the massive human crisis
The measures taken to manage the migrant crisis have been incredibly effective, and in less than five years, the number of migrant arrivals to Europe dropped by 90 per cent, from over 2 million to just 150,000. But at what price?
In a nutshell, the overall plan was quite simple: the EU authorities would ask other countries to “keep the migrants away” while they turned a blind eye on the methods used to achieve this goal. In theory, they were distributing hefty amounts of money to African and Middle Eastern countries to counter “human trafficking and smuggling” by breaking their “business model” in order to “offer migrants an alternative to putting their lives at risk”. In practice, these funds often ended in the hands of unscrupulous militia forces and shady organisations that prevented the most vulnerable people from reaching the borders of the EU member states with any means necessary – including the most inhumane ones.
One of the most important steps of this plan to “contain irregular migrants” was making arrangements with Turkey and Libya to prevent refugees from reaching the Old Continent’s borders by blocking all their land or sea routes. On top of that, whenever a migrant was caught crossing the Mediterranean to the nearby Greek islands, Spain or Italy, he or she would be sent back to Turkey or Libya to be “temporarily” locked in some prison. But the scenario that originated from these pacts was less than ideal at best, and eventually forced thousands of refugees to endure months of detainment in inhumane conditions in dilapidated detention centres.
The measures taken to manage the migrant crisis have been incredibly effective, and in less than five years, the number of migrant arrivals to Europe dropped by 90 per cent, from over 2 million to just 150,000. But at what price?
Several organisations, such as Amnesty International, Human Rights Watch, the United Nations Human Rights Council, and the European Council on Refugees and Exiles have alreay denounced the “degrading” conditions suffered by the detainees in Libya. Men and women are raped, abused, and beaten on a daily basis; some have spent months or years locked up. People are exposed to contagious diseases, such as tuberculosis, and often die from sickness, malnourishment, or neglect while in detention. The UNHRC went so far as to determine that the conditions in some of these detention centers may even “amount to torture”.
Despite being fully aware of the inhuman conditions faced by these migrants, the EU keeps contributing to this massive process of human exploitation in many ways. The Libyan authorities have been provided with the necessary funds and resources to intercept men, women, and children at sea. Italy donated several patrol boats to the Libyan coastguard and the training required to operate them as efficiently as possible during Operation Sophia. Even the Visegrad Group countries (Hungary, Poland, Slovakia, and the Czech Republic) provided an additional 35 million euros on top of the 10 million handed over by the EU. It comes as no surprise since their borders are constantly under the pressure of the thousands of immigrants who hope to escape poverty and find a chance for a better life.
One word – interception – has become the answer to the whole migrant crisis rather than reception. What happens to these people once they are stopped from reaching the borders of the richer First World countries doesn’t matter anymore. One may wonder whether this choice was just the result of a somewhat short-sighted strategy that only cared about reducing the death toll of people drowning in the Mediterranean sea. Maybe it is a component of a more complex (and inhumane) plan of externalising border control to Northern African countries. A strategy to keep poor people from escaping the poor countries where they live.
The Khartoum Process
Another action taken by the EU to stem the number of people reaching their coasts and borders was establishing the so-called “Khartoum Process”. Amidst the 2015 crisis, African and European leaders met in Malta during the Valletta Summit on Migration to discuss a common plan to address the problem. After the summit was over, the EU agreed to provide the African countries who accepted to help out in the crisis with an Emergency Trust Fund that was worth billions of euros. The fund was set up “to foster stability and to contribute to better migration management, including by addressing the root causes of destabilisation, forced displacement and irregular migration.”
Many projects eventually fell under the banner of the Emergency Trust Fund, such as the Operation Sophia mentioned above, as well as the less known but no less opaque Khartoum Process. Once again, this initiative consists of a series of financial incentives provided by the EU member states to African countries who can help in the fight against human trafficking and people smuggling. The only difference is that these funds are provided to prevent exploitation along the migration route between the Horn of Africa and Europe. The countries involved include Djibouti, Eritrea, Ethiopia, Kenya, Somalia, Sudan, South, Sudan, Uganda, and Tanzania.
One word – interception – has become the answer to the whole migrant crisis rather than reception. What happens to these people once they are stopped from reaching the borders of the richer First World countries doesn’t matter anymore.
Sudan, in particular, has been used as a buffer zone to exert effective extraterritorial control of the migration routes used by people who want to reach Europe from across Africa. Just like Italy did with Libya, Germany started a project to train Sudanese police officers and border guards, and an intelligence centre was founded in the capital Khartoum.
So, why did the EU announced the suspension of these projects in July, some of which were halted at least since March?
This time, some Sudanese and Eritrean rights groups accused Donald Tusk, the president of the European Council, of cooperating with “regimes and militia forces that are entirely unaccountable” and are “known for systematic abuses”. The funds have been, in fact, used to deploy the infamous Rapid Support Forces (RSF) – the heirs of the brutal Janjaweed led by Mohamed Hamdan “Hemeti” Dagolo. We already talked about the violence that the Janjaweed unleashed upon Sudanese civilians during the recent uprising, as well as the war crimes and genocide they committed in Darfur back in 2003. The RSF fighters found their own solution to stop migrants – they tortured them, forced them to pay bribes, and in some instances, even smuggled them (possibly if they paid enough).
So, in a nutshell, the EU paid smugglers to stop human smuggling and traffic – and they were fully aware of that. It was even noted that the RSF could divert resources “for repressive aims”. Just like in Libya and Turkey, Europe knew what was happening, but preferred to simply look the other way.
This time, some Sudanese and Eritrean rights groups accused Donald Tusk, the president of the European Council, of cooperating with “regimes and militia forces that are entirely unaccountable” and are “known for systematic abuses”.
Even if the project is now suspended, and the EU maintains that the RSF forces have never been funded or equipped, the Sudanese police received training and significant financial resources (40 million euros). This is the same Sudanese police that brutally repressed the pro-democracy, anti-government demonstrators during the last months of protest. Once again, all the projects that fall under the Khartoum Process umbrella do not address any of the “root causes” of uncontrolled migration and human trafficking. Without going so far as to say these projects are a true travesty, it can’t be denied that right now they’re nothing but extraterritorial disguised control of the borders.
Not my brother’s keeper
Today, Europe is simply turning a blind eye to one of the largest humanitarian crisis of this century. But hoping that desperate people will bring their misfortune somewhere else is not just a cowardly policy, it is a downright cruel choice made by people with no traces of humanity. It is highly hypocritical for Western countries to claim that they want to address the “root causes” of the tremendous strife that brings so many people to leave their homelands. In fact, most of these “root causes” originate from the endless exploitation of lands and resources of the Global South that seemingly sustains the whole capitalist system. In fact, when over 37,000 people are being forced to flee their homes every day, it doesn’t look like the situation has improved in any way. Today, the developed countries host just 16 per cent of these refugees, while the vast majority of them are found in Turkey, Pakistan, Uganda, and Sudan.
When the Roman Empire had to deal with the massive migrations that occurred during the fourth century A.C., the Emperors simply preferred to close their borders, leaving countless displaced people to die of sickness and starvation in front of their doors. Open revolt ensued, however, when those masses of destitute people became so desperate as to kill Emperor Valen, eventually causing the fall of the entire Roman Empire.
History teaches us that everything that happened once may happen again – especially if so many people are driven up the wall for so long.
The Fire Next Time: ‘Bedroom’ Politics in the Kibra By-Election
11 min read. The Kibra by-election was not so much about the 24 contestants that took part in the race, but was more about a competition between the two biggest political parties, and between two bitter rivals, Raila Odinga and William Ruto. It was also a dress rehearsal for the 2022 elections, which, if this by-election is anything to go by, promises to be highly contentious.
Something startled where I thought I was safest. – Walt Whitman
My Dungeons Shook – The Fire Next Time by James Baldwin
On Saturday 9, 2019, two days after the hotly contested Kibra by-election had taken place and the dust had settled, Raila Odinga, aka Baba, was in an ecstatic mood: he gathered around some of his closest associates that had helped him campaign to retain the Kibra seat by hook or crook for a toast-up at his Karen home.
The ODM party candidate had triumphed over an onslaught that had threatened to torpedo Raila’s iron-grip stranglehold over a constituency that had, over time, become synonymous with his name and political career. But it was a victory that been won with “blood”: Bernard Otieno Okoth, aka Imran, took 24,636 votes while his closest nemesis, McDonald Mariga Wanyama, an international footballer-turned-betting-billboard-face, had carted away 11,230 votes. Although there were no casualties, voters had been roughed up and beaten.
As one of ODM’s foot soldiers from Ololo (Kaloleni estate, off Jogoo Road in Makadara constituency) later confided in me, “There was no way those rural folks (referring to William Ruto’s gang of MPs, mainly from western Kenya, and their supporters) were going to storm our grounds. Hii tao ni yetu, tumekuwa na mzae tangu 90s, na tumepingana vita nyingi sana…hao watu walikuwa wanacheza na nare.” This is our turf and we’ve been with Raila ever since the 90s, and we’ve fought many bloody wars, those people were stoking a war and playing with fire.
As a diehard supporter of Raila Odinga, the stocky foot soldier, now in his late 30s (he is a former bantamweight boxer)m said he had not slept for three consecutive days: “Kibra ni bedroom ya mbuyu na wewe unaleta mbulu pale…utatembea buda.” Kibra is the old man’s bedroom and you want to desecrate it…you’ll pay for it.
He said in those three days, all the foot soldiers’ work was to screen all “foreigners” entering Kibra. This was evident to me because I had also been forewarned by my minders that I should now be extremely careful when going to Kibra for my journalistic work.
And that is all that mattered. The rest of other 22 contestants were neither here nor there, including ANC’s Eliud Owalo, a one-time Raila’s confidante who collected 5,275 votes.
According to IEBC (Independent Electoral and Boundaries Commission)’s 2017 figures, Kibra has 118,658 registered voters and 24 polling stations. In the just-concluded by-election, a paltry 41,984 people voted, constituting 35 per cent of the electorate. In the 2017 presidential election, 18,000 people voted for Uhuru Kenyatta, the Jubilee Party’s presidential candidate. The Jubilee Party candidate Doreen Wasike got 12,000 votes. The 6,000 extra votes that increased Uhuru’s number to 18,000 came from the Nubian community resident in Kibra.
As Raila and his friends were sipping champagne on a sunny Saturday afternoon, Ruto was gnashing his teeth, furious to the point where he refused to meet with the buddies he had campaigned with, according to media reports. However, his chief noisemaker, the rabblerouser Dennis Itumbi, denied that his boss was in a foul mood after the by-election.
Kibra constituency, formerly part of Langata constituency, has been a hotbed of political contests ever since Raila opted to stand in the constituency in 1992, the year the country returned to multiparty politics. Two years before that, in 1990, Raila, who had been exiled in Norway, had come back to Kenya to be part of the “Young Turks” who agitated and pushed for political reforms. He had stood in what was then known as Kibera constituency in the first multiparty general election and from then on Kibera became his enclave. That is why, in the run-up to the by-election, Raila “privatised” the constituency and called it his bedroom, in a (desperate) effort to rally around his troops to vote for Imran and to affirm to his current biggest political rival, William S Ruto, that Kibra was impenetrable to the latter’s political whims.
According to IEBC (Independent Electoral and Boundaries Commission)’s 2017 figures, Kibra has 118,658 registered voters and 24 polling stations. In the just-concluded by-election, a paltry 41,984 people voted, constituting 35 per cent of the electorate.
That is why the Kibra by-election was not so much about the 24 contestants that took part in the race, but was more of a competition between the two biggest political parties, the ruling party Jubilee and ODM, and between Raila Odinga and William Ruto. Imran and Mariga were just pawns in a much bigger and wider plot linked to the 2022 presidential succession political chess game in which the two have staked their ambitions and claim.
Three weeks to the by-election, I met with one of Ruto’s bosom buddies who was coordinating the campaign behind the scenes. “If we wrestle the Kibra seat from the kitendawili (riddles) man, we’ll have completely changed the political map of not only Nairobi County, but of the country,” he had said to me. “We will configure national politics and consign Raila to a corner. And then relish to face him in 2022.”
The Ruto man told me that in the lead-up to 2022, their chief tactic is to draw Raila into a two-horse race, in which case, “I can assure you, we’ll pulverise the enigma [one of the monikers used to describe Raila] once and for all”.
It understandable, hence, for Ruto to have taken the defeat personally and Raila to have gloated – but for how long?
In many ways, the by-election was a curtain raiser, a preamble and a showdown of what to expect in 2022, the year Kenyans once again go to the polls to elect a new president. The violence witnessed in Kibra will be multiplied at the national level. The money that was thrown at the electorate in little Kibra will seem like cash for an afternoon picnic as the chief contestants in 2022 open their war chests to woo an even hungrier electorate, ready to settle scores and be manipulated. The shadow line-ups that we saw falling respectively behind the protagonists will be reshaped many times over before 2022.
The by-election was also about the “big boys” (Raila and Ruto) settling scores and about cementing the burial rites of the already dead NASA (National Super Alliance), the fledgling and motley coalition that brought together Raila Odinga, Kalonzo Musyoka, Moses Wetangula, and Musalia Mudavadi. In addition, it was about the extension of the supremacy battles being fought between the Jubilee Party wing of President Uhuru Kenyatta and its rival that is being led by his deputy – in essence, the trooping of colours between #Kieleweke group and the #Tanga Tanga brigade.
Could this by-election also have signalled the death knell of the Jubilee Party as currently constituted?
The Ken Okoth factor
The by-election was a function of several variables, including what can be referred to as the Ken Okoth factor. Okoth, who died from colon cancer at the age of 41, was the Kibra MP when he succumbed to the killer disease on July 26, 2019.
Okoth was elected in 2013 in the newly created Kibra constituency, which was hived off from the larger Langata constituency to Raila’s chagrin. (This is a public secret.) Even though Okoth was elected on an ODM ticket, he was not Raila’s first choice. Okoth was an independent-minded politician and a popular and well-liked local boy. Home-grown and well-educated, he understood the problems of the infamous Kibera slum like the back of his hand. He was suave, well-spoken and a terribly likeable man.
When he became the MP, he charted an even more independent path: he decided he was not going to be anybody’s protégé. So he cultivated his political friendships across party divisions. As a man who understood the power of education (he was the recipient of a sound education from Starehe Boys’ Centre, where he was educated on a full bursary), he invested heavily in education in Kibra. A good secondary education, like he used to say, had saved him from the clutches of poverty.
Okoth built eight secondary schools in Kibra and expanded many of the primary schools to have a secondary school wing. He rightly argued that since many Kibra parents could not afford to take their children to boarding schools, he would lighten their burden by constructing local secondary schools. He also gave out lots of bursaries to parents who struggled with fees. Any pupil who got 350 points or more in his or her KCPE (Kenya Certificate of Primary Education) exam got full bursary to transition to high school.
Even though Okoth was elected on an ODM ticket, he was not Raila’s first choice. Okoth was an independent-minded politician and a popular and well-liked local boy. Home-grown and well-educated, he understood the problems of the infamous Kibera slum like the back of his hand.
Juliet Atellah, a Kibra resident from Gatwekera village in Sarang’ombe and a double maths and statistics major from the University of Nairobi can attest to this. “When Okoth become MP, he told us education was the key to success. He implored us to work hard in school as he also worked hard to ensure Kibra youth interested in education benefitted from a bursary.” It is something that Okoth continually preached till his death.
Okoth, also, through his Jubilee Party networks, tapped into the National Youth Service (NYS) resources to create some employment opportunities for the youth of Kibra. This cross-cutting political parties’ engagement would land him into trouble with ODM mandarins who accused and suspected him of cavorting with the enemy. “By opting to work with Jubilee Party functionaries, Okoth looked at the bigger picture: what mattered most, according to him, was how best to improve the quality of lives of Kibrans. If the help would come from his presumed ‘political antagonists’ so be it,” said a friend of the late MP.
He relegated the work of managing the bursaries through the Constituency Development Fund (CDF) to his brother Imran. Little wonder then that his brother clinched the ODM ticket, but not without loud grievances. According to my sources within the ODM party, Peter Orero (popularly known as mwalimu), the Principal of Dagoretti High School, and also the former principal of Upper Hill High School, had won the ticket, but to stem the fallout that was going to befall the party as it faced its greatest onslaught from Ruto, a man who was staking his all to capture the seat, Raila opted to hand the ticket to the former CDF manager.
Kibra constituency residents are some of the most politically “woke” electorate that this country has ever produced. Their political consciousness is high and battle-hardened from their brutal fights with the Kanu regime in the 1990s. The people of Kibra know their politics well. This is courtesy of Raila Odinga, who for a long time championed the political struggle for equity and social justice in the country. As their MP, Raila encouraged Kibra voters to fight for their rights and to demand no less than his rightful representation.
But the burden of the “handshake” between Raila and Uhuru Kenyatta had reared its ugly head and it was evident that Raila struggled when campaigning in his former constituency. “With the handshake, Raila commercialised the struggle,” said a politician who has known him since the multiparty struggles of the 90s. “The handshake had confused his base, angering many and disillusioning a great deal of people who had stood with him all the way. Until, the death of Okoth, Raila had not stepped in Kibra to explain the handshake. Instead, when he shook Uhuru’s hand, he headed to Kondele in Kisumu to appease his other equally fanatical base, 300 kilometres away.”
The politician said that Kibra people have yet to enjoy the handshake’s dividends. “Many of the youths who were shot at by police when defending Raila were from Kibra, yet the handshake projects have all been taken to Kisumu. Although the Kibra electorate is still fanatically loyal to Raila, they were also passing a subtle message to him – it about time you re-evaluated your politics with us.”
Kibra constituency residents are some of the most politically “woke” electorate that this country has ever produced. Their political consciousness is high and battle-hardened from their brutal fights with the Kanu regime in the 1990s.
Hence, it was not lost to keen observers that for the first time since Raila began campaigning in Kibra in 1992, he had been forced to solicit for votes beyond Kamukunji in Sarang’ombe ward. “For the first time,” said a resident of Sarang’ombe, “Raila had been forced to campaign in Bukhungu in Makina, Laini Saba, and Joseph Kange’the in Woodley.” As the area MP, Raila would campaign only in Kamukunji grounds and with that he would seal his victory and close that chapter. The rest of the voters would fall in place.
Sarang’ombe ward has the largest number of voters, largely comprising Luos and Luhyas. The Luos are concentrated in Kisumu Ndogo village, while the Luhyas are to be found in Soweto and Bombolulu villages. There are about 6,000 registered Luhya voters in both the villages, while there could be about 20,000 Luos in Kisumu Ndogo. The other large concentrations of Luhyas are located in Lindi and Makina. Hence the reason why Raila went to campaign in Makina. He also campaigned in Woodley on Joseph Kange’the Road, because it has a large population of Kikuyu voters.
New alliances and 2022 politics
If campaigning on “virgin” territory was not too much of a stretch, Raila had to enlist the support of seven governors: Alfred Mutua of Machakos, Ann Mumbi Kamotho (previously known as Ann Waiguru) of Kirinyaga, Charity Ngilu of Kitui, Kivutha Kibwana of Makueni, James Ongwae of Kisii, John Nyagarama of Nyamira and Wycliffe Oparanya of Kakamega. “Ruto with his loads of money was piling pressure on Raila and he wasn’t going to take any chances,” explained one of Raila’s associates.
So, on October 30, 2019, nominated MP Maina Kamanda, Kigumo MP, Ruth Mwaniki and David Murathe (President Uhuru Kenyatta’s hatchet man) met with Raila to ostensibly pledge the Kikuyu electorate’s and President Uhuru’s support for the ODM candidate Bernard Otieno Okoth aka Imran. At the meeting, Mwaniki hinted that McDonald Mariga Wanyama, the Jubilee Party candidate, had been forced on the party leadership and President Uhuru: “I don’t know why some leaders [referring to Deputy President William Ruto] in Jubilee dragged Mariga into the race.”
In the spirit of the handshake, Kamanda said he would rally the Kikuyu voter to throw his lot with Imran: “When you see me here, know that President Uhuru Kenyatta is here.”
On the previous day, the former Starehe MP had told the Kikuyus in Kibra, “On November 7, please come out in large numbers to vote for Imran. Imran’s victory will be a big win for the unity of this country.” He was referring to the now mercurial political handshake that President Uhuru and Raila cemented on March 9, 2018. The handshake between the two bitterest rivals gave birth to the Building the Bridges Initiative (BBI). The acronym has been baptised many things, the latest one being Beba Baba Ikulu. Take Raila to State House.
On that same day (October 30), Raila had separately met with Kikuyu and Kisii opinion shapers from Kibra at his office in Upper Hill, before descending to Kibra again in the evening, three days after he had held a rally there on October 27, a Sunday. This same day, as Raila met with the respective community leaders, he confided in a mutual friend who he had lunch with at Nairobi Club that Ruto was breathing down his neck, and giving him a run for his money in his erstwhile constituency that he had represented for a quarter of a century.
During the time that Raila stood in Kibra, the Luhya community had also stood with him. They voted for him to the last man, “but when Okoth died, the Luhya nationalists in Kibra and elsewhere thought ‘it was their time to eat’”, a Luhya politician who stood as a senator in western Kenya said. “The Luhya felt the time was ripe to get paid for standing with Raila all these years since 1992.” The politician reminded me that even when Michael Wamalwa died in August, 2004, the Luhyas remained strong supporters of Raila.
Feeding on this Luhya nationalism, Ruto and his band of Luhya MPs from western Kenya landed in Kibra, and hoped to hype this reigning scepticism to maximum effect. So when Bernard Shinali, the MP for Ikolomani, was caught by the hawk-eyed ODM foot soldiers dishing out money to potential voters in Kisumu Ndogo three days before voting day, he, like the former Kakamega Senator, Bonny Khalwale, wanted to prove to their boss Ruto that they were ready to deliver the Kibra Luhya vote to him. The other Luhya MP from western who would be deployed to Kibra was Benjamin Washiali of Mumias and Didmus Barasa MP of Kimilili.
In all probability the Kibra by-election offered Kenyans a trailer of how the 2022 presidential elections will be and how they will will be fought. Will that election be a contest between Raila and Ruto? If the parading of the troops from both sides is anything to go by, the sneak preview of the troops’ formation promises many shifting alliances.
Wavinya Ndeti, the former MP for Kathiani and a governor candidate for Machakos County in 2017 on a Wiper Democratic Movement (WPM) ticket – but nonetheless aligned to Raila – allegedly moaned loudly, after seeing Mutua in Kibra. Had Raila dumped her by inviting the Machakos governor into his “bedroom?” Kalonzo Musyoka, one of the four NASA co-principals is mum, but when he said he would be supporting the Ford Kenya candidate Ramadhan Butichi, he invited opprobrium from ODM mandarins. My friends in ODM hinted to me that Kivutha is the man to checkmate Kalonzo. What about Musalia Mudavadi, the other NASA co-principal principal? Is Oparanya being propped up to replace him?
The fact that President Uhuru Kenyatta has not made any comment on the by-election, and has not appeared anywhere near Kibra to campaign for the Jubilee Party candidate speaks volumes about whether indeed Mariga was a Jubilee Party candidate, I told a close associate of the deputy president that Ruto and Mariga had camped at State House for two days to get the president’s audience. It was only on the second day that Ruto showcased Mariga to the president, who fitted Mariga’s football head with a Jubilee cap. “That is all true,” agreed the associate, “but the president is a grown up, how do you force anything onto a grown up?”
What is clear, however, is that as 2022 fast approaches, the Kibra by-election of November 7 marked the unofficial commencement of the 2022 campaign season in Kenya with Ruto’s aggressive raid into Odinga’s “political bedroom”. Now, as pundits, political analysts, and the media try to explain what this political drama will mean for the future of Kenya’s politics, the central question that Kenyans need to ask is what role they will play in shaping a prosperous future.
Kibra: The Face of Kenyan Politics to Come?
4 min read. What does the Kibra by-election portend for the future of Kenya’s politics? Renowned photographer CARL ODERA captures the sights.
“The most painful state of being is remembering the future, particularly the one you’ll never have.”― Søren Kierkegaard
Located about 6.6 kilometres from Nairobi city centre, Kibra is a sprawling informal settlement with an estimated population of about 200,000 people. Majority of Kibra residents live in extreme poverty. Unemployment rates are high, persons living with HIV/AIDS are many, and cases of assault and rape common. Clean water is scarce. Diseases caused by this lack of water are common. The majority living in the informal settlement lack access to basic services including electricity, running water, and medical care.
But this photo essay is not about the peddled quintessential cliché narrative depiction of Kibra as Africa’s biggest slum’ – itself a false assertion. Rather, Kibra has historically been Nairobi’s most vibrant political constituency; its residents often at the forefront of agitation for expansion of political space in Kenya; and, the most enthusiastic demonstrators at political meetings where the opposition is pitched against an apparently recalcitrant ruling elite. The Kibra by-election is also the political backyard of Raila Odinga, leader of the Orange Democratic Movement and the most enduring fixture in opposition leadership since the early 1990s. Currently, in an alliance with the President Uhuru Kenyatta, the Kibra by-election was occasioned by the death on the 26th of July 2019 of Ken Okoth, 41, the area’s dynamic, popular and highly effective MP.
The demise of Ken Okoth left the seat open for a contest directly between Raila Odinga, whose family has dominated the area for decades and the Deputy President William S. Ruto who is determined to entrench himself as the only viable successor to Kenyatta who is currently serving his last constitutionally mandated term. As such the Kibra by-election of November 7 marked the unofficial commencement of the 2022 campaign season in Kenya with Ruto’s aggressive raid into Odinga’s ‘political bedroom’.
Deputy President William Ruto and Jubilee candidate McDonald Mariga in Kibra’s DC Grounds on Sunday.
ODM leader Raila Odinga with party flag-bearer Bernard Imran Okoth (left) sings the national anthem at a rally on Kiambere Road.
The by-election to fill the position left vacant following the death of the area MP, Okoth, attracted 24 candidates, ODM candidate Imran Okoth, Jubilee’s McDonald Mariga and Eliud Owalo of Amani National Congress, were the dominant players.
Endorsed football star McDonald Mariga
Rally to drum up support for Imran Okoth, ODM’s candidate for Kibra by-election.
Days to the parliamentary by-election there were reports of fracas between warring factions. Rowdy residents, for instance, kicked former Kakamega senator Boni Khawale out of Kibra upon his arrival in Laini Saba ward, claiming it was ODM’s bedroom.
Destruction of property was also reported.
Milly Achieng, a tailor-resident of Kibra told the Elephant that supporters of an opposing candidate recently went and attacked one of her friends and fellow party member and demolished her house. She was forced to flee Kibra with her children.
A family house demolished in a political violence encounter in Kibra.
The Kibra by-election received wide support from leaders across the political divide. Governors Charity Ngilu, Alfred Mutua, Kivutha Kibwana and Anne Waiguru joined Raila Odinga and the ODM party in drumming up support for its candidate, Imran Okoth. The leaders announced that this by-election was the beginning of a new political movement that would drum up support for the Building Bridges Initiative (BBI) and ultimately forge an alliance for the 2022 General Election.
Charity Ngilu campaigning in Kibra to get the vote for ODM candidate Imran Okoth within the Kamba community
Governor Waiguru at Joseph Kangethe Grounds in Kibra on Sunday the 3rd of November to drum up support for the ODM candidate
Raila Odinga and Machakos Governor Alfred Mutua arriving for a rally organised to woo Kamba voters to rally behind ODM candidate for Kibra constituency.
On November 7, 2019, the polling stations across the constituency were opened by 6 am to a smooth start of voting throughout the day amidst a reportedly low voter turnout. The voting stations were closed immediately after the voting exercise was concluded and voter tallying began thereafter. Residents stood in groups waiting for the results.
A man carries his disabled friend to a polling station in Kibra’s Laini Saba.
ODM leader Raila Odinga at Old Kibera Primary school polling station to cast his vote.
An election official marks an indelible ink stain on Amani Congress Party’s candidate Eliud Owalo at Old Kibera.
Amani Party Congress party leader Musalia Mudavadi (right) accompanies party candidate Eliud Owalo at Old Kibera Primary school to cast his vote.
A man shows his finger marked with phosphorous ink after voting
As counting of votes for Kibra by-election continued on the night of November the 7, Jubilee candidate McDonald Mariga conceded defeat to Orange Democratic Movement (ODM) party aspirant Imran Okoth.
In a Twitter post, Mariga called Okoth and congratulated him for his victory and promised to work together after the elections.
— Mariga Macdonald (@MarigaOfficial) November 7, 2019
According to the results announced by the Independent Electoral Boundaries Commission (IEBC) on Friday, November 8, Imran Okoth garnered 24,636 votes beating Mariga by over half the total number of counted votes standing at 11,230 votes. ANC’s Eliud Owalo was a distant third, managing to garner a paltry 5,275 votes out of the 41,984 votes cast.
A child in Kibra celebrating Imran Okoth’s victory
Though the Kibra by-election has been deemed a win for Raila Odinga and the handshake and a loss for Ruto and the “tanga tanga” movement, these political battles have yet to translate into tangible benefits for the ordinary mwananchi whom they purport to fight for.
Nancy Akinyi, a resident of Sarang’ombe Ward, Kibra constituency
Written by Joe Kobuthi
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