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#FeesMustFall: Is the Makerere University Strike a Response to State Capture?

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Student protests in Uganda have highlighted a crisis in higher education and exposed the dark underbelly of a state struggling for legitimacy.

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#FeesMustFall: Is the Makerere University Strike a Response to State Capture?
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During the current lull in strike activity at Makerere University, it is possible to examine the root causes of sporadic strike action on the campus, both by staff and students. The strike was a student protest under the banner #FeesMustFall and was triggered by the proposed 15 per cent annual increase in fees for privately sponsored students (more than half of the student body).

It has been a tense two weeks, with the strike leader, one Siperia Saasirabo, reportedly abducted and held for a number of days, and the Guild President Julius Kateregga disappearing en route from an appearance on a morning television chat show and an extraordinary general meeting of the Guild. Both were reportedly dumped in public places, Kateregga with alleged soft tissue injuries.

An opposition MP told Parliament he was being held in a “safe house” run by the Special Forces Command (SFC) while the minister for higher education stated that he had information that Kateregga was merely taking time out from the pressure he had been undergoing. Kateregga says he made that statement at gunpoint.

The Budget Monitoring and Accountability Unit (BMAU) at the Ministry of Finance summarised the problem at Makerere and other government universities: there simply isn’t enough money to run them. Apart from Makerere and Kyambogo universities, the Government of Uganda has established six other public universities and two degree-awarding institutions. Three came into existence as recently as 2016/17. The major source of funding is tuition fees followed by government/public funding – which includes tuition fees, external grants and internally generated funding. The cost of funding public universities leapt from Shs.167.94 billion ($45,215,553.00) in FY 2012/13 to Shs.606.09 billion ($163,220,340.00) in FY 2017/18. The Ministry of Finance is unequivocal in stating that the government is unable to provide for all the financial needs of public universities and that funds are insufficient to produce “good outputs”. In fact for the last five years, cash releases from the Treasury have been below budget (BMAU Policy Briefing Paper (24/18, 2018).

It is, therefore, safe to conclude that private students subsidise government-sponsored students. This may not have been a problem in principle or in practice if the economy was such that they could afford it. The fact is that most courses charge close to half of Uganda’s income per capita of about $800 or Shs.2,971,608. Assuming parents have more than one child, payment for university education is out of reach for the majority.

The Budget Monitoring and Accountability Unit (BMAU) at the Ministry of Finance summarised the problem at Makerere and other government universities: there simply isn’t enough money to run them.

The major casualties of this are the quality of outcomes, staff development, and research. Because 59 per cent of Makerere’s budget goes towards payroll, and 11 per cent each on student costs and material supplies, less than 2 per cent is available for staff development. Research, a core function of the institution, is allocated under 1 per cent of the government budget (as distinct from external funding). Student welfare allowances can hardly compete and have been stagnant for over two decades. Research received Shs.30 billion ($8,079,015.00) against the expected Shs.50 billion ($13,465,025.00) in 2018/19. As a solution, the BMAU recommends diversification of income streams to reduce over-reliance on tuition fees. In the interim, financial brinksmanship has been the order of the day.

There are 20,091 government-sponsored students at Makerere of whom just over 4,000 are accommodated off-campus. An allowance of Shs.432,750 ($117) a semester was budgeted for each student to cater for their subsistence. The 2019/2020 allowances budget was reduced in order to rehabilitate the dental school whose dilapidated state and consequent interruption of admission of dentistry students made the news in 2017. According to The Observer of 17 July 2019, “285 million was diverted from the allowances vote and allocated to the Dental School. Another Shs.1.8 billion was allocated towards equipping the university library, while Shs.1.5 billion was allocated to the renovation of toilets in the halls of residence.” This was done in compliance with Parliament’s education and social services committee recommendations communicated on 18 June 2019.

During the current strike, there have been calls for Makerere to be managed by people with business skills as opposed to vice-chancellors elected from amongst academics. There is some merit in this argument; Makerere’s history of financial management does not inspire confidence. In 2016 the Auditor General qualified the university’s audit report, citing a number of significant anomalies that suggested sleight of hand in hiding income, debt, and payroll fraud. The report cited the following irregularities:

  • The budget itself was undermined by the fact that Shs.317,227,405 ($85,429.00) was charged against incorrect expenditure codes thereby misstating the balances in the financial statements.
  • Staff advances for various activities amounting to Shs.882,316,616 ($237,608.00) were not accounted for. “There is uncertainty as to whether the amount in question was properly utilised for the intended purposes.”
  • Revenues received from grants and investments were under-reported. Only revenue from 79 out of a total of 182 active grants was disclosed in the financial statements. The university administration also claimed it did not obtain any revenue from investments during the year under review. However its annual report for 2015 puts the cost of running projects from grants at US$50,000,000 in the year 2015. It also says that the university initiated an endowment fund in 2014 called the Makerere University Endowment Fund, whose investment activities and revenues to date have not been disclosed in the financial statements.
  • Fourteen retired members of staff were kept on the payroll, costing Shs.386,790 while overpayments to other staff cost a further Shs.172,560,
  • 2,494,991,040 ($671,902.00) in revenue was collected from short courses although this amount was not declared in the financial statements.
  • Revenue from tuition and functional fees was similarly misstated; the cash book showed 86,816,793,066 ($23,435,802) while the financial statements reported a figure of Shs.87,946,425,729 ($23,740,741.00). The Auditor-General stated: “I was not provided with a satisfactory explanation regarding this discrepancy. Under the circumstances, I am unable to establish the accuracy of the revenue reflected in the financial statements.”
  • Emphasis was placed on the under-statement of outstanding obligations. Out of 119,664,797,892 ($32,225,789.00) owed by Makerere by close of the financial year, “only Shs.47,167,283,674 ($12,702,173.00) was recognised in its Statement of Financial position and Statement of Outstanding Commitments, while the remaining Shs. 72,497,514,218 ($19,523,616.00) is only mentioned/disclosed in additional notes.”

The patronage economy

What is missing from the solutions proposed for Makerere by BMAU, such as the diversification of income and rationalisation of courses offered, is the elimination of waste. In addition to reducing waste and financial loss caused by sheer lack of capacity to run the business end of the university, the government needs urgently to address other areas of waste.

Shs.69 billion was lost to systemic waste across all spending entities in 2017/18. Some of the means by which this was achieved are examined here. Structurally, the ballooning number of administrative units – 134 districts and rising from the initial 29 in 1997 – is a huge drain on resources that doesn’t necessarily increase effectiveness (this writer has dealt elsewhere with the phenomenon of districts being unable to utilise funds for lack of skilled manpower). Each new district is entitled to three members of parliament, one a woman and one a youth. District leaders are elected but the president appoints a Resident District Commissioner (RDC) to each. The RDC wage bill is Shs. 15.8 billion ($4,259,292.00), 30 per cent more than Makerere’s annual development budget.

Similarly, ministries, departments and agencies (MDA) increase in number as service delivery becomes ever more inadequate. In 2016, 34 per cent of local governments were found to lack critical staff such as doctors. 116 were understaffed by up to 40 per cent. That year the most affected by understaffing were said to be public universities.

During the current strike, there have been calls for Makerere to be managed by people with business skills as opposed to vice-chancellors elected from amongst academics. There is some merit in this argument; Makerere’s history of financial management does not inspire confidence.

In order to lower the cost of public administration, a major restructuring was agreed by Cabinet in September 2018. Only four agencies (Kampala Capital City Authority, the Uganda Bureau of Statistics, Uganda National Bureau of Standards, and Uganda Communications Commission) and the National Medical Stores were either to be retained and the functions of the rest returned to their parent ministries or to be merged or disbanded. Over one-third of the government payroll is absorbed by the 10,000 employees of agencies, which have tended to duplicate work and serve mainly as sinecures for party apparatchiks. This would have freed up funds currently used for the higher salaries paid to agency executives as well as their pensions and gratuities. Since the announcement a year ago, there has not been a single closure; implementation modalities were reportedly still under review by August 2019. Furthermore, there are more agencies in the pipeline (i.e. the Skills Development Authority and Sector Skills Councils slated for 2021).

The lack of political will to conserve scarce resources is evident in other areas, as a recent review of the cost of political appointees by the Daily Monitor shows. There are now 170 presidential advisors – up from four in the 1990s – whose annual wage bill is Shs.29 billion ($7,817,689.00), with an additional Shs.24 billion ($6,469,812.00) for their ministerial vehicles (without fuel, drivers and guards). Again, the total exceeds Makerere’s research budget. The most recent appointees are musicians appointed to advise on Ghetto and Kampala Affairs. They join the relatively new Ministry for Kampala and the new position of Executive Director of Kampala Capital City Authority, both seen locally as political appointments.


Further savings could have been made by eliminating the Shs.30 billion spent every year on flying dignitaries abroad for medical treatment but they have been cancelled out by the inept procurement of a domestic specialised hospital that has left the country in debt.

The State House scholarships scheme could yield further savings. Under this scheme, students whose primary and/or secondary education has been paid for by the State are often sent overseas for post-graduate studies. Elections expense for the incumbent are another diversion of funds from productive expenditure. As with elections before them, the 2021 polls are being preceded by huge billboards, vinyl banners, cash and other handouts, such as Shs.80 billion ($21,544,040.00) worth of hoes for distribution – all paid for from the public purse. (Ugandan farmers clamour for much – seeds, fertilisers, herbicides, irrigation, information, advice, post-harvest technologies, feeder roads and access to markets – but there has been no shortage of hoes since the post-war period.)

The lack of political will to conserve scarce resources is evident in other areas, as a recent review of the cost of political appointees by the Daily Monitor shows. There are now 170 presidential advisors – up from four in the 1990s – whose annual wage bill is Shs.29 billion ($7,817,689.00)…

The unrest at Makerere is the fruit of the wider patronage economy and its untenable strictures. Public financial mismanagement and fraud lead to unforeseen and unnecessary austerity being visited on various sections of the community, including hospital patients, primary school children, farmers, road users etc. University students are in the best position to highlight this systemic injustice because unlike the general population at the receiving end of governance deficits, they are a homogenous group able to agree on a way forward, and the best equipped to analyse the issues. Striking Makerereans speak for all Ugandans.

State brutality

As is the norm, what began as a peaceful demonstration with perhaps a dozen women carrying placards immediately attracted the full retribution of the Uganda People’s Defence Forces, which had been camping on campus since late 2018 when the People Power movement gained national prominence. True to form, the method of work is to instill terror by attacking not only striking students but also firing tear gas canisters into the closed windows of halls of residence and hostels. There were night raids in which students were dragged out of their rooms, brutalised and their property vandalised. The partially sighted and deaf were not spared and their press conference was stopped by the Uganda Police, a de facto division of the army.

Initial reports on the night of 22nd October were from citizen journalists. The professional media was largely absent (which is understandable given recent threats of shut-downs to those covering “opposition” activities). Of those journalists that did attend, at least three have been hospitalised with injuries and a similar number have been arrested.

The most valiant efforts of government sympathisers to demoralise the students on chat shows and social media by branding them drug abusers were unable to stigmatise the students as “entitled” young people making a nuisance of themselves. Also new, a journalist accused of biased reporting (not for the first time) was heckled off campus by irate students.

The Uganda Journalist’s Association is boycotting all police pressers and other events, this time asking media house heads to join them, a major development in protest. Still, the repeated night raids amply demonstrated the extremes to which Uganda’s kleptocracy is willing to go to preserve itself. Student leaders continue to be suspended as they are identified. The police is visible everywhere on campus and Lumumba Hall was completely sealed off at the time of writing. The army is to be replaced on campus by 2,000 police officers.

If the military was predictable so was the president, his ministers and the diplomatic corps to whom Ugandans appeal during spates of state brutality. After the usual interval of a few days, the United States ambassador played her customary role, publicly expressing concern for the affront to freedoms of assembly, speech and expression guaranteed by Uganda’s constitution. After a further few days during which the public was fully appraised of his impunity, President Yoweri Museveni, the Commander-in-Chief, withdrew the army from the university, stating that he was unaware they were camped there (for a year) in the first place. He faulted the military approach to addressing the issue, saying the young people only needed guidance.

Initial reports on the night of 22nd October were from citizen journalists. The professional media was largely absent (which is understandable given recent threats of shut-downs to those covering “opposition” activities). Of those journalists that did attend, at least three have been hospitalised with injuries and a similar number have been arrested.

France’s ambassador remained focused on cementing relations with Gen. Kainerugaba, the president’s son who is responsible for the SFC, safe houses, #Arua33 and other atrocities. He hosted him at his residence at the height of the troubles. A French company is in negotiations for an oil concession. The European Union and other European members of the diplomatic corps then weighed in, saying much the same as the Americans, only to be contradicted hours later by the Minister for Security, General Tumwine, who advised students that strikers would be beaten and to ignore statements to the contrary.

The latest developments are that Gulu University’s peaceful march in solidarity with Makerere was intercepted by police and four students were arrested for the public order offences of illegal assembly and incitement to violence.

The Minister of Education and First Lady has not appeared before Parliament to make a statement on the unrest. Instead she wrote a long letter to “the children who call me Mama by choice” in which she compared Makerere’s fees with the higher fees charged by a private university. She then claimed that the strikers were mainly non-students hired to riot: “Next time you are tempted to point a finger at corrupt people, if you are guilty of any of the above, know that you too are corrupt; begin with yourself.” The minister finished with an elaborate exegesis of the Scriptures on the origin of authority and why we must submit to it.

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Mary Serumaga is a Ugandan essayist, graduated in Law from King's College, London, and attained an Msc in Intelligent Management Systems from the Southbank. Her work in civil service reform in East Africa lead to an interest in the nature of public service in Africa and the political influences under which it is delivered.

Politics

Counterfeiting, War and Smuggling: British American Tobacco Dirty Games in the Sahel

Billions of cigarettes, most made by BAT, are smuggled north through Mali every year on their way to the gray markets of the Sahel and Northern Africa.

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Stashed inside pickup trucks and guarded by armed militias and jihadists, every year billions of illicit cigarettes wind their way through the lawless deserts of northern Mali bound for the Sahel and North Africa.

The profits from their long journey fuel north Mali’s many armed conflicts, lining the pockets of offshoots of al-Qaida and the so-called Islamic State (IS) group, as well as local militias, and corrupt state and military officials. This violence is now spilling out across West Africa, displacing more than two million people in Burkina Faso, Chad, Mali, and Niger.

Cigarettes made by one of the world’s largest tobacco companies, British American Tobacco (BAT) and distributed with the help of another major, Imperial Brands, through a company partially owned by the Malian state, dominate this dirty and dangerous trade.

Now an investigation by OCCRP can show this is no accident.

Secrets contained in leaked documents, backed up by trade data and dozens of interviews with insurgents, former BAT employees, experts, and officials, show BAT started to oversupply Mali with clean-labelled cigarettes soon after the north fell to militants, knowing that its product would be fodder for traffickers.

The profits of cigarette smuggling fuel the bloody struggle between jihadists, armed militias, and corrupt military officers that has turned northern Mali into a lawless warzone.

For years the company partnered with Mali’s state-backed tobacco company, a subsidiary of Imperial Brands, to distribute cigarettes in regions controlled by rebel militias and throughout the country. Sources say these cigarettes, trucked north with the help of the military and police, then fall into the hands of jihadists and militias. An internal document suggests BAT used informants in West Africa to keep abreast of the workings of the illicit trade.

 

Credit: Edin Pasovic/OCCRP

The dirty business goes well beyond the desert. OCCRP’s reporting found the Malian government not only helps to distribute BAT’s cigarettes, but also apparently turns a blind eye to gross accounting irregularities at its partner Imperial and even possible trade fraud.

And it continues today. Public trade data and expert analysis show BAT and Imperial continue to oversupply the country with billions more cigarettes than it needs. Meanwhile, BAT’s annual revenue in 2019 alone exceeded the total GDP of Mali and Burkina Faso.

The Malian case is the latest to show the world’s leading tobacco companies are not always abiding by the terms laid out in a series of historic agreements between 2004 and 2010 with the European Union (EU), in which they agreed to prevent their cigarettes from falling into the hands of criminals by only supplying legitimate demand. The agreements were concluded in the wake of legal disputes between three companies and the EU over cigarette smuggling.

“This is their playground,” Hana Ross, a University of Cape Town economist who researches tobacco, said of the industry.

“They know they can get away with stuff. It’s much easier to bribe. It’s much easier to cheat the system,’’ she said. “Governments here are generally weak. This is where they do things that they don’t dare to do in Europe anymore.”

A spokesperson said BAT was opposed to the illegal trade in tobacco, which the company called a “serious, highly organized crime.”

“At BAT, we have established anti-illicit trade teams operating at global and local levels. We also have robust policies and procedures in place to fight this issue and fully support regulators, governments and international organizations in seeking to eliminate all forms of illicit trade.”

BAT started to oversupply Mali soon after the north fell to militants, knowing its product would be fodder for traffickers, according to dozens of interviews.

Imperial said it is committed to ensuring high standards of corporate governance and “totally opposed to smuggling which benefits no-one but the criminals involved.”

The Malian government did not respond to requests for comment for this story.

Malian soldiers traveling in convoy across the desert arrive at the entrance to Kidal in northern Mali. Credit: AP Photo/Rebecca Blackwell

Malian soldiers traveling in convoy across the desert arrive at the entrance to Kidal in northern Mali. Credit: AP Photo/Rebecca Blackwell

 

The Tobacco People

In the deserts of northern Mali, cigarette smugglers are called “kel tabac,” the tobacco people.

Illicit cigarettes from the capital, Bamako, and ports in Guinea, Benin, and Togo are loaded into convoys with armed guards and driven north along thousands of kilometers of winding roads and desert tracks to Libya and Algeria, and as far east as Sudan.

Smuggling has long been a part of life in the vast and largely empty Sahel region, where armed insurgents claim a patchwork of ever-shifting territories. Jihadist movements linked to al-Qaida and IS, Tuareg separatist forces, and local ethnic militias take turns controlling roads and checkpoints along the way.

Residents of northern Mali drinking coffee. Credit: Ahmoudou Attiane

Residents of northern Mali drinking coffee. Credit: Ahmoudou Attiane

Moving illegal tobacco is a difficult and dangerous job, with trips taking between three and 10 days. Many truckers are killed by military or armed groups along the way. But it is well-paid: In a country where most people live on less than $1.90 per day, drivers can expect to earn between 6,000 to 10,000 euros for moving a load of contraband cigarettes.

It is also a lucrative trade for the drug lords and corrupt local officials in Mali’s restive northern regions.

Hama Ag Sid Ahmed, spokesman for the National Movement for the Liberation of Azawad (MNLA), an armed Tuareg independence movement that has controlled much of northern Mali on and off, said state officials and organized crime work together to profit from smuggling.

“Certain military officers, members of the intelligence services, heads of military zones in the northern regions are approached by drug lords,” he said.

“Large sums of money are paid for a contract related to a service rendered or to be rendered.”

A former tobacco industry insider said various militant groups, from the Tuareg separatists who have been fighting the Malian state for decades to the more recent offshoots of IS jihadists, also take a cut along the way.

“Product is escorted north by the Malian army or the gendarmerie [police], to protect it from so-called bandits,” said the former official, who would only speak on condition of anonymity due to safety concerns. “It would be given to the Tuareg for the trip onwards near Timbuktu, and then the Tuareg looked after paying IS in the Sahel.”

With the continuing violence and lawlessness, Malian customs have abandoned much of the north. Samba Ousmane Touré, an ex-employee of BAT’s distributor in Mali who is now a member of the country’s tobacco control committee, said armed groups have become the gatekeepers of the smuggling routes towards Algeria, Libya, and Niger.

“Armed groups play the role of customs,” he told OCCRP. “Yes, [BAT] knows.”

One of the most high-profile jihadists in northern Mali, an al-Qaida operative known as Mr. Marlboro, is thought to have financed his jihad by smuggling cigarettes.

The one-eyed Mokhtar Belmokhtar allegedly orchestrated terror attacks, including one in Algeria in January 2013 that killed more than 35 people. He led the so-called Those Who Sign in Blood Battalion. In June 2013, U.S. authorities offered a reward of up to $5 million for information leading to Belmokhtar’s location.

His battalion had ties to key Malian armed groups, reportedly providing crucial military assistance to the terrorist group MUJAO against the MNLA during the battles of Gao and Timbuktu. A senior U.S. official said in July 2013 that Mr. Marlboro “has shown commitment to kidnapping and murdering Western diplomats and other civilians.” One such hostage was the former U.N. Niger envoy Robert Fowler.

Sid Ahmed, the spokesperson for the MNLA, said many terrorists like Belmokhtar started out trafficking cigarettes before moving onto harder substances, and then to violent jihad.

“The Arab drug barons created armed militias to protect their drugs and which later developed into the terrorist organizations that are present today in the Sahel region,” he said.

Research from The Global Initiative Against Transnational Organized Crime argues the long established smuggling networks in Mali and the Sahel evolved “first to move illicit cigarettes, later hashish and then, most profitably, cocaine.”

A 2017 KPMG report agrees, noting that the region’s cocaine trade overlays routes originally used to smuggle cigarettes, and that illicit trade “can also intersect with the operations of terrorist groups.”Illicit trade is “an important component of the local political economies” of Mali and other countries in the Maghreb, said the report, which was sponsored by Philip Morris, though it claims the trade is fueled by illicit cigarettes from free-trade zones in the United Arab Emirates.

Raoul Setrouk, who is pursuing a court case against BAT competitor Philip Morris in the state of New York for intellectual property theft, said that illicit tobacco in the region has consequences that go far beyond health and tax issues.

“I hope we don’t have to wait for a new Mr. ‘Marlboro’ like terrorist Mokhtar Belmokhtar to raise our consciousness,” he told OCCRP.

Multiple sources, from soldiers and U.N. employees to businessmen, and armed militia members, told OCCRP that brands made by BAT and Philip Morris dominate the illicit trade.

Most common are Dunhills, produced in BAT’s factories in South Africa, and Philip Morris’ flagship brand Marlboros, which are handed to smugglers linked to armed groups by PMI’s politically connected representative in Burkina Faso, along with American Legends.

“Those which transit through are mainly three brands: Dunhill, American Legend and Marlboro,’’ said Hama from the MNLA. “It is the same thing also in northern Niger and not far also in the south of Algeria.”

Mohamed Ag Alhousseini, an independent researcher in the region, said much the same: “Even in Algeria, the trafficking is encouraged by the need of Marlboro and Dunhills, because they have other brands in the country.”

It’s hard to determine exactly how many illicit cigarettes are smuggled through Mali.

Trade data, information from customs officials, leaked BAT documents, and industry experts indicate there may be up to 4.7 billion surplus cigarettes in Mali every year — the equivalent of around 470 shipping containers of extra cigarettes. Some of them are produced in the country, but more are imported, almost all of them from South Africa.

Mali’s government has ignored years of blatantly false tax figures from Imperial Brands, a shareholder of the state tobacco company that distributes Dunhills in militant-run areas.

It’s also tricky to determine how much profit BAT makes because the company doesn’t separate out country figures in its annual reports. A company presentation from around 2007 estimates BAT’s market value in 18 “operational markets” in West Africa at 201 million British pounds (about US$394 million), and its market share in Mali at 61 percent. Another document, from 2012, gives gross turnover for Mali of 52.06 million British pounds ($84.6 million).

A BAT source, by contrast, estimated the company had a gross turnover of over $160 million in Mali in 2019 alone.

Imperial said SONATAM’s sales are “commensurate with the legitimate demand of the Malian population” and the company operates a stringent sales monitoring system.

“All cigarettes imported by SONATAM into Mali are done so legally under synallagmatic contracts with other commercial operators,” the company said in a statement.

Understanding Mali’s illicit cigarette trade is a messy business — and that includes the data behind it. Because the illicit market is so opaque, many of the calculations rely on educated guesswork.

Euromonitor International, a strategic market research company, estimated the country’s retail volume at 3 billion cigarettes in 2016, rising to nearly 3.2 billion in 2020.

Leaked documents obtained by the University of Bath and shared with OCCRP show that in 2007, BAT estimated the country had demand for 1.9 billion cigarettes. In 2011, the company upped the estimate to 2.4 billion. Both these figures are lower than independent projections for the same years.

After northern Mali became a war zone, however, BAT’s calculations changed, with documents from 2013, 2014, 2015, and 2017 estimating the market as significantly larger than Euromonitor’s figures, at between 3 to 3.8 billion sticks.

The reason behind these high figures is unclear, as the same documents contain estimates of Mali’s smoking prevalence that are below the WHO’s. Experts have varying estimates for smoking rates. In 2011 BAT pegged it at 9.5 percent. The World Health Organization, by contrast, says 12 percent smoked in 2017, a rate that has remained steady over the past decade.

Yet data shows that every year since 2016, the first year after Mali’s 2012 rebellion for which trade figures are available there may have been up to almost 8 billion cigarettes in Mali.

Exact figures are hard to determine. A Malian customs official estimated an annual total of 4.6 billion cigarettes based on adding imports (2.6 billion in 2018 and in 2019 each year) with local production (around 2 billion in 2018 and in 2019 each year).

U.N. Comtrade data, however, shows between an estimated 3.4 billion to 5.9 billion cigarettes were exported to Mali per year from 2016 to 2019, nearly all of them from BAT’s regional hub, South Africa. Adding in local production, that could mean as many as 7.9 billion cigarettes are available in Mali each year.

Officials in Mali and South Africa confirmed the accuracy of the Comtrade numbers, which closely match regular reports on the value of tobacco imports released by the Malian government.

Ahmed Malian troops join with former rebels before a joint patrol in Gao, Mali, after deadly attacks by Islamic extremists. Credit: AP Photo/Baba

Ahmed Malian troops join with former rebels before a joint patrol in Gao, Mali, after deadly attacks by Islamic extremists. Credit: AP Photo/Baba

Hallmarks of an Illicit Trade

In Gao, a city in northern Mali that has long been under the control of armed groups, a warehouse that distributes BAT’s cigarettes does a brisk trade.

Ahmoudou Ag Attiane, a local automotive dealer, told OCCRP that 20-ton tractor-trailers stocked with cigarettes commonly arrive at the warehouse. Many of the cartons are then trucked 10 hours north to Kidal, which is controlled by al-Qaida in the Islamic Maghreb (AQIM).

“The law is the [AQIM group] that has the most power — the terrorists, the jihadists — and they banned smoking and also alcohol. So you see, someone can’t show off too much by opening up a place where everyone knows this is where cigarettes are stored, this is where cigarettes are sold.

“All these big traders have relations with the big boss of Kidal,” he said, “which means that they are protected.”

Sid Ahmed, the MNLA spokesperson, added to this point, saying: “The traffickers make a large order with a merchant in Gao or Timbuktu. The traders transport [product] from Bamako to Gao and or Timbuktu. From Gao it goes to Algeria [and] Libya and from Timbuktu it goes to Mauritania and Algeria.”

The company that runs the warehouse, SONATAM — the state tobacco company whose shareholders include Imperial and the Libyan Arab African Investment Company — has been BAT’s distributor in Mali for years. Many of the cigarettes that pass through its warehouse in Gao are Dunhills from BAT’s plant in Heidelberg, near Johannesburg, which have accounted for up to 37 percent of South Africa’s total cigarette exports in recent years.

Unlike locally produced brands, the South African Dunhills come in packaging covered with health warnings in a major European language, French, known in the industry as a “clean label,” meaning they can be sold on the gray market.

David Reynolds, who built Japan Tobacco International’s program on countering the illicit tobacco trade, said BAT in South Africa is “notorious” for oversupplying the region.

“The rule is always the same: Oversupply plus lack of local controls leads to gray trade. That’s been a big part of BAT’s — and other cigarettes companies’ — business model for years,” he said.

“If you combine a major, high-end international brand, plus oversupply in a marginal market, such as Mali, with a clean label, you have all the hallmarks of intentional diversion into the parallel [illicit] trade.”

Documents obtained by OCCRP shed further light on how BAT’s Dunhills fall into the hands of armed groups in northern Mali.

A document from 2013 show SONATAM distributes between 25 percent to 75 percent of the three brands of BAT’s cigarettes sold in Mali. Three of its warehouses and distribution points are in rebel-controlled areas, including Gao, as well as Timbuktu and Mopti in the north of the country.

This map from a BAT presentation shows the company’s distribution points in Mali underneath the text: “As we know, in a dark market, the war is won on the battlefield with no pity for our competitors and a massive and well executed trade marketing and distribution to be seen and reachable everywhere.”

This map from a BAT presentation shows the company’s distribution points in Mali underneath the text: “As we know, in a dark market, the war is won on the battlefield with no pity for our competitors and a massive and well executed trade marketing and distribution to be seen and reachable everywhere.”

One BAT presentation from 2013 calls northern Mali a “war zone,” but notes that BAT has nonetheless identified future stockists and networks in Gao, Timbuktu, and Kidal. Another from 2017 highlights the “extremist insurgency” in eight of Mali’s regions, noting that three of them “remain completely dangerous to operate within owing to terrorist activities.”

However, an internal strategy memo from 2015 shows BAT planned to increase its business in these regions. The plan, called “Desert Storm” in an apparent reference to the U.S.-led military operation during the Gulf War, discusses how to reach “full potential” for their brands in Mali by incentivizing SONATAM to meet sales targets in areas including insurgency-run regions.

“As we know, in a dark market, the war is won on the battlefield with no pity for our competitors,” said the memo.

A 2007 presentation echoes the language of Europe’s colonial-era Scramble for Africa to describe the contest for the “crown jewels” of Mali and Ghana, casting West Africa as a battleground and speaking of “fighting ITG [Imperial Tobacco Group] to the death” and a “PMI [Philip Morris International] attack.”

“Mali was such an important market that BAT undertook a two-pronged strategy,” said Andy Rowell, a University of Bath researcher working with anti-tobacco watchdog STOP.

“The company set out to secure a ‘license to operate’ by schmoozing government officials. At the same time, the company sought to ‘delay and disrupt’ the operations of the opposition.”

Other BAT documents lay out its strategy to increase its market share against lower-cost cigarettes in Bamako and “UPC” — jargon for “Up Country” — including detailed analysis of the competition. They also show the company’s fine-grained ability to map and track contraband in West Africa: One presentation from around 2006 lists BAT’s “informants” in Mali and Niger.

Telita Snyckers, a lawyer who previously held senior positions at the South African Revenue Service and author of the book Dirty Tobacco: Spies, Lies and Mega-Profits, called the operation “corporate espionage stuff.”

The slides of the 2007 presentation discuss BAT’s strategy for West Africa, including Mali, stressing the need to “Grow VFM in Freedom Markets and Mali.” Snyckers said that VFM, or “Value For Money,” is a euphemism for smuggling and illicit channels.

In another presentation from 2009, a group of legal and security officials from BAT was told that “Mali, as the principal market which has the highest volume of illicit trade, is where we have the most to gain by increasing contestable market space.”

A BAT spokesperson declined to comment on the documents without seeing them before the publication of this article, but added, “we are not aware of the phrases ‘dark market’ or ‘value for money brands’ relating to illicit trade.”

A map shown in a BAT presentation from around 2007. One slide explains: “The bulk of the contraband goes to Libya via Agadez (Niger) from the ports of Cotonou and Lomé.” Another notes a trail of contraband from Guinea to Mali. Credit: OCCRP

A map shown in a BAT presentation from around 2007. One slide explains: “The bulk of the contraband goes to Libya via Agadez (Niger) from the ports of Cotonou and Lomé.” Another notes a trail of contraband from Guinea to Mali. Credit: OCCRP

Extraordinary Mistakes or Barefaced Lies

The rampant tobacco smuggling in Mali isn’t only down to the cigarette companies. OCCRP’s reporting indicates there is little state oversight of the industry.

For one thing, the government has overlooked blatant inaccuracies in figures from BAT’s distribution partner, Imperial, which for two consecutive years stated in its public accounts that SONATAM paid 5.5 million euros in taxes more every year than its total turnover.

West African financial analyst Oumar Ndiaye called the numbers “impossible.” Some former tobacco executives in Mali dismissed the SONATAM turnover figures as deliberate lies to fiscal authorities.

Imperial attributed them to an error in currency conversion, with West African CFA francs mistakenly not converted into euros. The company declined to provide documentation, however, and referred reporters to the Malian government, which did not respond to several requests for comment.

Alex Cobham, the chief executive officer of the Tax Justice Network and an expert on tax avoidance by multinationals, said Imperial’s explanation “doesn’t stand up,” and that repeating the same numbers over multiple years is “implausible.”

“Whoever wrote these numbers down thought nobody would ever look at them,” he said. “They’re either making extraordinary mistakes, year after year, or they’re telling you barefaced lies, or both.”

He also faulted the company’s auditor, PricewaterhouseCoopers, for apparently accepting the shoddy accounting.

“The idea that one of the world’s leading accounting firms, that prides itself on the auditing of multinationals to ensure they’re behaving as they should do, would not have picked up any of this in their rigorous annual audit process is difficult to square with any claim that corporate tax is being paid or audited on an appropriate basis,” he said.

It’s unclear who put together the “impossible” numbers.

Imperial inherited much of West Africa’s tobacco business from Bolloré Group, a giant in France’s former colonies which operates a number of ports across Africa and logistics companies worldwide.

The tobacco purchase bought Imperial a stack of elite connections. The directors of SITAB, an Imperial subsidiary in Ivory Coast, included a relative of former President Felix Houphouet-Boigny. Lassine Diawara, the chairman of the board of directors of MABUCIG, a Burkina’ cigarette manufacturer. His online biography says he is a Knight of the National Order of Merit in France. He has traveled with Blaise Compaoré, the ex-president of Burkina Faso. SONATAM was run for a number of years by Cissé Mariam Kaïdama Sidibé, who became prime minister of Mali for a short period in 2011.

Ross Delston, a U.S.-based lawyer and anti-money laundering compliance expert who has worked in West Africa, said the Malian government could well have an incentive to overlook years of obvious errors.

“Any governmental authority that has a monopoly over a given commodity also has a high degree of risk for corruption,’’ he said after discussing SONATAM figures with OCCRP. “It’s just too easy to skim off a bit, or more than a bit, for the people at the top.”

Touré, the ex-employee of BAT’s agent in Mali, agreed, saying that the state shared in the responsibility for the bad accounts, adding, “I think that [in] corrupt states like ours, the tobacco industry has a lot of power over their leaders.”

Mali’s government declined to comment.

U.N. trade figures also indicate years of discrepancies equaling millions of dollars in the price of the country’s cigarette imports.

Mali imported more than 3 million kilograms of cigarettes from South Africa annually in both 2016 and 2017, representing around 95 percent of the country’s cigarette imports. An ex-BAT official said that the only cigarettes Mali imports from South Africa are BAT’s Dunhill cigarettes, a point confirmed in an earlier BAT document.

If the former employee is correct, BAT reported to the government of South Africa it sold the cigarettes for under $7 per kilogram, while SONATAM reported it bought the cigarettes for $15 per kilogram in 2016 and 2017, the years for which U.N. trade data is available for Mali. The discrepancy amounts to between $29.1 million and $32.8 million per year, and appears to have continued afterward, according to Malian government data available for 2018.

It’s unclear exactly what is behind the difference.

A Malian customs official dismissed the numbers as a likely lag in reporting shipments.

A cigarette street vendor in Mali’s capital, Bamako. Credit: dpa picture alliance archive / Alamy Stock Photo

A cigarette street vendor in Mali’s capital, Bamako. Credit: dpa picture alliance archive / Alamy Stock Photo

Two former tobacco industry insiders told OCCRP that trade mis-invoicing, a method for moving money across borders that involves deliberate falsification of the volume or price of goods, is common practice in the company’s dealings with Mali.

“Mis-invoicing, under- and over-invoicing, and invoicing direct to the U.K. instead of in the delivered country were all used at one time or another,” one of them said.

Cobham, of the Tax Justice Network, said SONATAM’s overpayment is “very much consistent with the longstanding history of commodity trade price manipulation for profit-shifting purposes.”

That’s apparently not unusual for BAT. In 2019, Cobham’s organization authored a report that found BAT used various methods to shift profits out of poorer countries, at a scale that could deprive eight countries in Asia, Africa, and South America of nearly US$700 million in tax revenue until 2030.

“The bottom line is BAT is manipulating the price of the same commodity and the transaction in a way that can’t be justified by any possible transport costs, and any auditor worth their salt should have picked that up,” he said.

SONATAM did not respond to requests for comment.

Imperial did not respond to several OCCRP requests for clarification, saying only that the company “is committed to high standards of corporate governance” and “totally opposed to smuggling which benefits no one but the criminals involved.”

A BAT spokesperson said the prices of its tobacco “are in line with what external, independent parties would charge,” which is documented in the company’s tax strategy.

“BAT entities … comply with all applicable tax legislation and regulations in the countries where we operate,” he said.

PricewaterhouseCoopers and its French partner Xavier Belet, who audits the SONATAM accounts, ignored several requests for comment by OCCRP.

A solider lights a cigarette in Kidal, Mali. Credit: MINUSMA/Sylvain Liechti handout via REUTERS

A solider lights a cigarette in Kidal, Mali. Credit: MINUSMA/Sylvain Liechti handout via REUTERS

Friends on the Ground

From warehouses in Gao, Timbuktu, and Mopti, Dunhills flow north largely unchecked by Malian regulators.

“With the insecurity, the customs abandoned an important part of the north because of the narco-traffickers,” said Aboubacar Sidiki Kone, a Malian customs official.

Even if customs did man Mali’s lonely desert posts in the north, it’s unclear what they would do. An internal document obtained by OCCRP shows Malian customs and police were sponsored by BAT.

In a 2013 presentation, BAT lays out an “action plan” for a series of scheduled raids to be carried out by Malian customs and police in collaboration with company agents, tallying seizures of illicit cigarettes made by its competitors. A mission order and a protocol agreement in the presentation show BAT was supposed to pay for these raids.

Internal documents show BAT used informants in West Africa to keep abreast of the illicit trade.

A former BAT employee described staffers in Mali feeding intelligence on contraband to customs agents, helping them to seize the brands of other manufacturers.

Sory Coulibaly, a former sales executive for a BAT distributor in Mali, added that BAT has sweetened the deal, equipping customs agents and police with motorcycles and small patrol boats. Touré added that BAT has given customs several new cars every year.

Credit: OCCRPA slide showing BAT’s 2013 action plan for raids to be carried out by Malian customs and police in collaboration with company agents.

The cooperation between Mali’s customs and BAT was formalized further in 2019, when local media reported Malian customs’ announcement of a memorandum of understanding (MoU) with the tobacco company.

Deals with customs agencies are a longtime tobacco industry strategy, detailed in a paper published by the BMJ’s journal Tobacco Control the same year. Eric Crobie, Stella Bialous, and Stanton A. Glantz found that there are more than 100 such MoUs around the world, that they violate the World Health Organization’s international tobacco control treaties, and are ineffective at reducing smuggling.

Memoranda of Understanding (MOUs) were seen by transnational tobacco companies as “useful to provide access to decision makers and promote the image of [tobacco companies] as government partners,” the authors wrote.

In Mali’s case, the details of neither its deal with BAT nor an MoU it signed with SONATAM are easy to find. Abdel Kader Sangho, director of the customs’ training center, ignored several inquiries from reporters.

Touré, the Malian tobacco control expert, said the country’s tobacco laws are weak and there is little enforcement of them on the ground. “Our anti-smoking texts are not strong and most of our leaders are corrupt,” Touré said. “The texts exist, but it remains to apply them in the field.”

Today, SONATAM’s statistics claim Mali’s contraband levels are at an all-time low, while BAT continues to flood the country with cigarettes far exceeding demand.

Anecdotal evidence suggests the flows of smuggled tobacco may even be increasing. Touré said he has observed that the amount of Dunhills moving to the north, have recently been on the rise.

“I’m sure these cigarettes are destined for other countries, Niger, Algeria and others,” he said.

Meanwhile BAT and the Malian government are planning to make more cigarettes in the country. In 2017 they partnered up to build a new $18.2 million factory, according to local media reports. It is expected to open this year with the capacity to produce 3 billion Dunhills per annum.

Sandrine Gagne-Acoulon contributed reporting.

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Who Are Kenya’s 42+ ‘Tribes’? and Should We Be Asking?

Asking whether or not the census should continue to count ethnic groups is one way into the difficult conversation about how to reckon with the legacies of colonial weaponisation of ethnicity.

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Who Are Kenya’s 42+ ‘Tribes’? and Should We Be Asking?
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It was a hot and dusty day in January 2019. Sam had been driving me around Nairobi since my first visit, ten years earlier. I often float ideas past him as we endure interminable traffic. “Sam, how many tribes are there in Kenya?” I knew there was no definitive answer but I wanted to know his thoughts. “Well, now we are . . .  is it . . . 46? Or 47? We used to be 42 but some new ones were recently added. Makondes. Asians. Who else was it? Nubians . . .” “And where is the list?” I probed. “Oh that one . . . is it gazetted somewhere? I don’t know.” Later that day, while he refined my left hook, I asked my boxing trainer. Embarrassed, he laughed and said “You know . . . I’ve not brushed up on my tribes lately . . .” “Just roughly . . .  how many?” He replied after some thought, “I think . . . well . . . I know that we used to be . . .  is it 41? Or 42? 42. We used to be 42. But now, I don’t know.”

In multiple interviews with various government officials I was repeatedly told there were 42+ tribes, but nobody could tell me the nature or location of the list. “Do you know?” one official asked me. Ten years earlier, I had asked members of the minority Nubian community too: “Forty-two tribes. And we will be the 43rd.” They even had a letter from a Minister declaring they would, indeed, be counted as such in the 2009 census. But I struggled to find the list. Who is on it? Does it even exist? And if so, who controls it, and how? Why does nobody know? And does it matter?

In my research, this idea of “the 42” kept coming up over and over again. I have been conducting academic research in Kenya since 2009, mostly with the minority Nubian community which has long sought recognition as Kenyan, and has had considerable success in recent years in getting it. It was my first interviews with Nubian elders in 2009 that made me start wondering about this idea of “the 42”, where it comes from, why it matters.

So why does it matter?

Being recognised as a “tribe of Kenya” is important to people. It’s important symbolically as it makes people feel like legitimate citizens. And it is important materially, or at least there is an anticipation that it is. There is a belief that if you are one of the tribes of Kenya, then you can access the state’s resources. The exact mechanisms through which this is expected to happen include, for example, revenue sharing to the counties, drawing of administrative and electoral boundaries, and accessing special provisions like the Equalisation Fund. There is a popular belief that these are somehow connected to ethnicity, even though many Kenyans will point out they mostly shouldn’t be.

Counties, wards and so on are often treated as if they “belong” to a particular group. So, the idea is you have to be a recognised group to get your hands on government resources. Whether this is true or not, the perception that it is matters a lot for how people feel they belong, and how they might feel they are in competition with each other for resources. Plenty has been written on inter-ethnic competition and tribalism in Kenya. That’s not my focus here.

There is a belief that if you are one of the tribes of Kenya, then you can access the state’s resources.

At another level, the idea of “the 42(+)”, or the idea that there is or could be a list somewhere, matters for debates – prominent here in The Elephant among other places – about what it might mean to decolonise identity. On one hand, I’ve heard some Kenyans suggest that Africans should abandon ethnicity altogether, as it is a colonial construct used by the British and other imperial powers to conquer; to divide and rule. On the other hand, there is an argument that ethnicity is an important facet of African identities, and that these days “the West” has turned around and wants to eradicate it, especially around elections; therefore, the anti-imperial thing to do would be to affirm ethnicity. Both arguments have merit. My proposition here is not to take a strong position on either side, but to look at this idea of “the 42(+)” and its bureaucratic origins as a way of thinking through this debate. Decolonising identity is not only a personal thing – it is also a bureaucratic thing.

The title of this essay, and the academic research article on which it is based, is, then, deliberately provocative. I never thought –  and my research confirmed this – that there would be a clear answer to these questions. I have never even been sure that “who are the tribes of Kenya?” is quite the right question to be asking. It carries some very politically loaded assumptions: that “tribe” is an appropriate term (more on this below); that there is a clear-cut way to determine who is and isn’t Kenyan based on their ethnic identity; that there are only 42 (or 43, 44 or 45) ethnic groups which can call Kenya home. My suggestion here is that asking why we ask this question is more important than the question itself.

The ‘facts’

The census is the only official list of “all” ethnic groups, and the only official tool to count the population by ethnicity. And 1969 is the only year that 42 ethnic groups were counted. Voter rolls prepared by the Independent Electoral and Boundaries Commission do not record ethnic identity.

Electoral boundaries do not involve listing ethnic groups. Boundaries are connected to the census – insofar as they draw on population data – but before the 2010 constitution they bore no official relation to ethnic data. The 2010 constitution allows for a possible use of ethnic data. Under chapter 7, one explicit consideration for boundary redrawing is “community of interest, historical, economic and cultural ties”, which could potentially be interpreted to mean ethnic communities. However, the exact role this clause – or ethnicity more generally –  now plays in boundary drawing is not clear.

The civil service doesn’t list ethnic groups. Civil service employment records routinely record and make public how many people are employed in the civil service from each ethnic group, but that only captures, of course, civil servants. To establish the “fairness” of each ethnic group’s share of civil service jobs, that data is compared to census data, but only at the national level or by problematically inferring ethnicity by location – for example, by assuming that if you live in Ukambani you must be Kamba.

Identification cards do not record ethnicity.

Nor, contrary to popular understanding, does the Kenya Gazette (the government’s official announcement record) list ethnic groups, although it was used as if it does when Asians were gazetted as the 44th Tribe of Kenya in 2017, despite no identification of the preceding 43.

So that leaves us with only the census.

In my research, I compared all ethnic classifications in all Kenyan censuses from 1948 to 2019. I looked at every census report, but also, where available, all the questionnaires used by enumerators when visiting households, instructions to enumerators about how to record “tribe”, explanations made by the Bureau of Statistics and its predecessors for what “tribe” means and why they chose the lists they did, and archival material (for 1948 and 1962) where colonial administrators debated in letters and meetings how they would conduct the census.

The list of “tribes” has changed in every single census, and since the first census in 1948, 150 different groups have been named. Of those, there are only 14 ethnic groups which have been named and counted exactly the same way in every census. The others have all changed, sometimes multiple times, for example by adding or deleting “sub-tribes”, by moving from a “sub-tribe” to a “main tribe” or vice versa, or by appearing or disappearing altogether. There are also some instances where a “tribe” was listed on the questionnaire but didn’t make it to the final census report, or where – curiously – they were not listed on the questionnaire but did make it to the final report.

You might recognise your ethnic group(s) in this list,  possibly in multiple forms as some groups have changed names over time (e.g. Sudanese to Nubi), or even – unfortunately – in a derogatory form (such as Dorobo, which was only removed in 2019 because it refers to having no cattle, suggesting some form of inferiority). Some groups included on the list for “the tribe question” aren’t even really tribes: for example “Stateless” in 2019, or “Kenyan” in 2009.

So, how are these lists determined? There is no transparency on how these lists are decided, or what it means to be “coded”.

The first census in Kenya was carried out in 1948 and was part of an East African census that included other British territories in the region. More interested in the European population than the Indigenous one, the “non-native” census was extremely thorough, and the “native” one much more basic. Whereas all kinds of details that are useful for development purposes were gathered for the white population, the only three statistics gathered for the African population in every household were age, sex and – you guessed it – “tribe”. For Census Superintendent C. J. Martin, it was so obvious that you would count “tribe” that, in his extremely detailed report on the census, he didn’t even bother to explain why. Other factors that are much more useful in making sense of a population’s development needs, like fertility, education and occupation, were only counted for 10% of the African population in a sample census, and then generalised.

The list of “tribes” has changed in every single census, and since the first census in 1948, 150 different groups have been named.

The actual list of “tribes” that enumerators were given in 1948 was also, for Martin and the other census organisers, self-evident. The British authorities acted as if it was obvious which ethnic groups should be counted, but it clearly wasn’t, because there were differences between the list provided on the questionnaire, and that which appeared in the final report. We can only assume that any range of factors may have shaped the final 1948 list, including self-identification by householders, initiatives on the part of the enumerators or District Commissioners who compiled the returns, or maybe even political lobbying. In other words, determining the tribes of Kenya was not as self-evident as Martin imagined. Decisions about which ethnic groups, what names they use, how they are spelled, what and whether “sub-tribes” are counted and so on, always have to be made by someone.

But the thing about a census, as with so many official tools, is that it gives off an air of authority. When a list like that of “Kenya’s tribes” is made in this way, it comes to feel as if it is definitive, even when it never can be. Even though every census after 1948 has changed the list, it always builds on that first list made by British administrators, some of whom had very little understanding of the communities they were counting and classifying.

In 1962, the list was very similar to the one of 1948, but it dropped most of the ethnic groups which mostly live in other parts of East Africa (Tanzania, Uganda) and added some from the North and East of Kenya. By this time, the British authorities had established much more administrative control in those regions and had learnt of new groups not included in that earlier census, showing again major gaps in their knowledge of the people they had colonised. Morgan, another colonial administrator, this time involved in the 1962 census, later admitted that the concept of “tribe” was a bit arbitrary, but stuck to it anyway, stating:

[Tribe is] a unit which evades satisfactory definition but which was widely recognised. It may be said to be a group to which the individual feels a strong sense of belonging and which is usually distinguished by a common language and culture and, since marriages are mostly within it, may have inherited traits. […] For this study we have to accept the classification used in the census, for which no justification was published. The ascriptions were those routinely used by the administration and which appear to have presented few problems to those recording or those being recorded. They were the socio-political groups encountered by the colonial power upon its entry and with which it had to deal. Administrative boundaries were normally constructed to contain them and this probably increased the sense of tribal identity at that level.

Though he admits some arbitrariness, Morgan goes on, in this passage, to suggest again that it was obvious, uncontroversial and accepted by everyone – African and colonial administrator alike – who the “tribes” of Kenya were. If this was really the case, why then would it have changed?

The 1969 census, the first one conducted by the first post-colonial government, used the same list as was used 1962, but added two more Somali groups, without really explaining why. The 1979 census used the same list again, but collapsed a number of groups into “Kalenjin”. It is likely no coincidence that this happened the year after Moi became President, and Gabrielle Lynch has done some great research about the creation of the Kalenjin identity around this time. In 1989 there were only a few small changes. In short, with the exception of the introduction of Kalenjin as an ethnic group rather than just a linguistic group, the list remained pretty similar to the colonial-created one for the first three decades of Kenya’s independence, but not similar enough to agree with colonial officials Martin and Morgan that it was ever truly “obvious” which ethnic groups should be counted.

By 1999, with the politics of democratic reform in full swing, and the effects of Moi’s majimboist politics being felt across the country, no results were published on ethnicity from that year’s census. It was too sensitive.

Then, come 2009, only eighteen months after the post-election violence of 2007-08, the list of ethnic groups in the census underwent its first radical change since independence, with the number of groups skyrocketing to well over a hundred. This included long lists of “sub-tribes” for groups such as Swahili, Kalenjin, Mijikenda and Luhya, as well a considerable number of newly recognised ethnic groups, including Nubians (last counted in 1948 as “Sudanese”). The political mood was an inclusive one, seeking peace and inter-ethnic harmony. It felt right at the time to generously offer recognition. And it didn’t hurt that chopping up the population into lots of small groups might help cool the temperature on inter-ethnic competition between the larger groups. The 2019 census added yet more sub-tribes and new tribes, moved some around from one category to another, and renamed a few.

The only thing the history of the census classifications shows conclusively, then, is that there cannot be any conclusions. The census, though it has an air of officialdom, is really just a result of layer upon layer of bureaucracy, politics and coloniality. Politicians and civil servants might want to bed this down and make it feel certain, but they can’t. It changes every decade. They also can’t, practically, start from scratch either. The lists they have built are based on everything that came before – both colonial and postcolonial. They bear the markings of all the political moments in which censuses were conducted, and the particular concerns of politicians and statisticians at those times. And this is true of every census, everywhere in the world. They are not foolproof. They are not certain. They are not conclusive or definitive. The idea of the 42(+) is just that – an idea – however widespread and deeply believed.

The only thing the history of the census classifications shows conclusively is that there cannot be any conclusions.

The reality is that there is no definitive list of Kenya’s ethnic groups. That is, there is no list that does (or could) state with certainty and finality who the ethnic groups of the nation are. But there are official lists – those in the census – that are often perceived as certain, and those have to be reckoned with.

How colonial is ethnicity?

From one perspective, the story of ethnic classifications in the census is interesting as a puzzle. Working out who got added, who got removed, when, how and why is fascinating. There is a lot to be learnt about Kenyan history and ethnicity by looking at the details.

But from another perspective there is a bigger question to be considered here, and that is about whether, how, to what extent or in what ways ethnicity is colonial. The Elephant and other discussions in various forums are increasingly – and rightly – working through what it might mean to decolonise African identities. From renaming streets to pulling down monuments to pushing back against arbitrary determination of one’s identity by another, Kenyans and other Africans are questioning why ethnicity is such a strong form of identity; in what ways it was imposed by the colonial experience; and in what ways it has changed or should change form, or maybe even be abandoned.

Terence Ranger, a keen scholar of Kenya but also a former colonial official, coined the term “invention of tradition” to explain how the British came, saw, and invented ethnicity or – more specifically – “tribe”. Seeing Africans as being defined first and foremost by tribe allowed the British to divide and rule, and to imagine they were not just extracting and exploiting, but also civilising. The roots of ethnicity, in this sense, are problematic. The concept itself as well as the specific ethnic groups the British identified and made names and Native Reserves for, were fundamental tools of colonial control. Ethnicity kept Africans divided from each other and in a supposedly inferior place on the hierarchy of civilisation that justified British colonial authority. To the British, at least.

It is this history that makes the word “tribe” a problematic one for many people. Ngugi has written compellingly about how the word – the whole concept – should be abandoned because of its role in colonisation. Nonetheless, it remains the word used by KNBS to ask the ethnicity question in the census, which is why I have used it in this piece. It is something to think about.

Ethnicity kept Africans divided from each other and in a supposedly inferior place on the hierarchy of civilisation that justified British colonial authority.

This history of ethnicity gives cause to ask some critical questions about what to do with ethnicity in any project aimed at decolonising identity. It is indisputable that ethnicity has been – at least partly – invented by colonialism. We must, therefore, be attentive to ways in which some of the projects of colonialism – divide and rule, hierarchies of civilisation, extraction – are perpetuated by ethnic identification today. But I think it would be a mistake to reduce ethnicity to this.

How postcolonial is ethnicity?

Ranger, and others after him, including myself, have also shown that Africans also participated – and continue to participate – in the construction of ethnic identities. And this is not necessarily a terrible thing.

During the colonial period, some ethnic groups had special favour with the British and so it suited them to identify ethnically. Intermediaries like African teachers, missionaries, soldiers and so on, benefitted from colonial patronage. If a man (never a woman, of course) could position himself as a leader of his tribe, he could gain from that. So, he needed the tribe to exist. On the concerning side of the ledger, this kind of patronage politics and the inter-ethnic competition it led to are not such great outcomes.

On the more positive side of the ledger, though, many Kenyans have also come to identify with their ethnic group in more positive ways, as many did before the arrival of the British as well. Most obviously, the cultural practices and community connections that make people feel safe, secure, valued and which give many people’s lives meaning and structure, are not bad.

Then there are dimensions of ethnic identity that are more ambiguous. Many, including Rasna Warah, believe – for better or worse – that to belong to Kenya, you have to belong to a Kenyan ethnic group. This is why the announcement that Asians are the 44th tribe was so significant, even though most people wouldn’t have used the word “tribe” to describe this community in the past. Warah laments, “What makes me uneasy about the designation of Kenyan Asians as one of Kenya’s 44 tribes is that it reinforces the idea that one must belong to a tribe to be recognised as a bona fide Kenyan citizen.”

Seeing Africans as being defined first and foremost by tribe allowed the British to divide and rule, and to imagine they were not just extracting and exploiting, but also civilising.

In my book on the marginalisation of Kenya’s Nubians, I made a similar argument – that ethnic identity, and specifically recognition as being an ethnic group of Kenya, was necessary to feel one belonged to the nation. I showed how it was a source of pride and security for Nubians to identify ethnically. It has been the only way they can imagine securing a place for themselves in Kenya. When the Nubians were recognised in the 2009 census, it felt really very good for them. It has for many different groups. That can’t be disregarded, even though it might be questioned.

The postcolonial history of ethnicity, therefore, raises some additional questions for those interested in decolonising identity, questions about whether or not there might be “good” aspects of ethnic identity that are worth retaining, even if they contain shadows of the colonial past. Perhaps it is transformation, rather than abandonment, that is needed in a decolonial project?

Decolonising identity in the census?

The census is a key tool in the maintenance of ethnic identities. Any discussion about what it might mean to decolonise identity really must think through the role of the census in sustaining ethnic codes first invented by the British, but also actively continued and transformed by the postcolonial government and its citizens. Indeed, bringing the abstract conversation about decolonising identity down to the level of this very concrete list is both a challenge and an opportunity to explore and test ideas and emotions related to ethnicity.

Asking whether or not the census should continue to count ethnic groups is one way into the difficult conversation about how to reckon with the legacies of colonial weaponisation of ethnicity, as well as what it means to people today. Such a conversation needs to consider the varied effects of counting, both good (recognition for minority groups) and bad (competition and posturing based on group size). I wonder if there is a way that ethnicity can be recognised without reproducing the negative effects that first arose under colonial authorities. It is a genuine question – I don’t know the answer. Any such system of recognition, though, would have to be carefully thought through with respect to who gets to determine which groups are recognised, through what processes, with what official outcomes, and with attention to how the inevitable changes in how people identify ethnically will be accommodated. Reflecting on how you, as the reader, feel about how your ethnic group has been counted, or not, in the census, can be a useful entry point to clarifying where you sit on this question of what it might mean to decolonise identity.

Editors note: This essay is based on the author’s article ‘Who are Kenya’s 42(+) tribes? The census and the political utility of magical uncertainty’ published in The Journal of Eastern African Studies. To see the full table of all codes, click on the link, then on ‘Supplemental’. The first 50 readers can access the full article for free here. If these are all used up, Africa-based readers can access the full article for free by signing up to the STAR program. 

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Congo-Brazzaville Strongman Buys Secret Weapons Haul from Azerbaijan

Congo-Brazzaville’s repressive government has quietly bought an arsenal from Azerbaijan. Opponents of President Denis Sassou-Nguesso say one recent cache is designed to tighten his grip on the nation.

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Congo-Brazzaville Strongman Buys Secret Weapons Haul from Azerbaijan
Photo: Marco Longari/AFP
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First published by our partner OCCRP and Mail & Guardian (South Africa, in English).

In January 2020, at the Turkish port of Derince on the eastern shores of the Sea of Marmara, a huge cache of weapons was loaded onto the MV Storm. Registered in the tax haven of Vanuatu, the ship set sail with an arsenal of mortar shells, multiple launch rockets, and explosives, en route from Azerbaijan to the Republic of the Congo, better known as Congo-Brazzaville.

In total, more than 100 tons of weaponry wound its way to a building that appears to be the headquarters of Congo-Brazzaville’s elite Republican Guard, according to a confidential cargo manifest obtained by OCCRP. The cargo, estimated to be worth tens of millions of dollars, was just the latest in a series of at least 17 arms shipments sent by Azerbaijan’s Ministry of Defense to the regime of President Denis Sassou-Nguesso since 2015, according to flight plans, cargo manifests, and weapons inventories obtained by OCCRP.

Saudi Arabia was listed as the “sponsoring party” on several of the cargo manifests reviewed by reporters. It’s unclear what that sponsorship entailed, but it could mean that Riyadh paid for the weapons or the cargo deliveries.

Credit: Edin Pasovic/OCCRP Key sites for arms deals between the Republic of the Congo and Azerbaijan.

Key sites for arms deals between the Republic of the Congo and Azerbaijan. Credit: Edin Pasovic/OCCRP

There are no public records of Azerbaijan exporting these weapons, and no similar records of Congo-Brazzaville importing them. The latest transfer has sparked opposition concerns that Sassou-Nguesso is prepared to use force if necessary to maintain power as the country’s March 21 election nears.

His well-armed security services are a key reason he has ruled the Central African country for 36 years, split between two separate terms, making him one of the world’s longest-serving leaders. His party looms large over parliament, which recently changed the constitution to allow Sassou-Nguesso to run for office again, sparking local and international condemnation. The move means the 77-year-old could, in theory, run in every election for the rest of his life.

OCCRP has obtained confidential documents showing that in the eight months preceding the March 2016 election, and for over a year after it, Sassou-Nguesso’s security services bought more than 500 tons of arms from Azerbaijan in 16 separate shipments. Just weeks after the vote, the government began a brutal campaign against a militia from an opposition stronghold that lasted for more than a year.

President Denis Sassou-Nguesso is seen in 2014. Credit: Wikimedia Commons/Amanda Lucidon/White House

President Denis Sassou-Nguesso is seen in 2014. Credit: Wikimedia Commons/Amanda Lucidon/White House

Opposition leaders claim the Republican Guard used the Azerbaijani weapons in that post-election conflict, spurring a humanitarian emergency which the United Nations said affected around 140,000 people in the region of Pool, in the country’s south. Satellite imagery obtained by international media outlet The New Humanitarian appears to show widespread destruction caused by weapons like rocket launchers and explosives. (There is no way to be certain that these weapons were from Azerbaijan, since Congo-Brazzaville does not declare its arms imports.)

Since 2015, Congo-Brazzaville has bought a huge weapons stockpile from Azerbaijan, with over 500 tons of weapons delivered to the country in multiple shipments.

Sassou-Nguesso’s regime is facing one of Africa’s most severe debt crises, raising questions about how these arms shipments have been financed. Documents show that at least two consignments delivered between 2016 and 2017 were sponsored by Saudi Arabia, at a time when Riyadh was vetting Congo-Brazzaville’s application to join the Organization of the Petroleum Exporting Countries (OPEC). Given Congo-Brazzaville’s significant oil reserves, the kingdom had an incentive to have a compliant Sassou-Nguesso government in the Saudi-dominated club, according to leading arms expert Andrew Feinstein, author of The Shadow World: Inside the Global Arms Trade.

The world’s biggest arms importer, Saudi Arabia is also an unremorseful supplier of weapons to global conflict zones including Yemen, where it is fighting Iranian-backed Houthi rebels.

Flight manifests list Saudi Arabia as a “sponsoring party” on multiple arms shipments to Congo-Brazzaville, dispatched in 2016 and 2017, as Congo-Brazzaville was on the verge of OPEC membership.

Described by critics as an oil cartel whose members must be compliant with Saudi output demands, OPEC helps the kingdom dominate global oil supply. The effect this has on oil prices, in turn, can boost petroleum revenues in member states.

OPEC’s 13 members include Africa’s biggest producers, Nigeria, Angola, and Algeria. Congo-Brazzaville, which eventually joined OPEC in 2018, would have been seen as a coveted member because it is one of the continent’s top oil producers, which gives OPEC even more heft.

Azerbaijan is not a full OPEC member but it is a significant oil producer.

Feinstein added that the latest Azerbaijan shipment could have been intended to give Sassou-Nguesso the arms to enforce his political will.

“The timing of this shipment is extremely suspicious, given Sassou-Nguesso’s previous crackdowns around elections,” he said. “The government is likely preparing to quash any dissent around the polls.”

A spokesman for Congo-Brazzaville’s government did not respond to multiple requests for comment. Azerbaijan’s Ministry of Defence did not respond to a reporter’s email seeking comment, and neither did a ministry representative listed on multiple documents. Saudi Arabia’s Ministry of Defense did not respond to questions about the nature of their sponsorship of the arms deals.

Boulevard Denis Sassou-Nguesso

The most recent weapons load, addressed to the Republican Guard at 1 Boulevard Denis Sassou-Nguesso in Brazzaville in January 2020, included 775 mortar shells and over 400 cases of rockets designed to be launched out of Soviet-era trucks, the confidential cargo manifest shows. The consignment from Azerbaijan was loaded onto the MV Storm at Derince, about 1,000 kilometers southeast of Istanbul.

The exact price paid by the Congolese regime for the arms shipment could not be verified, although an expert who examined the cargo manifests said it would be worth tens of millions of dollars. A former senior diplomat with access to information about arms inventories, who asked to remain anonymous for fear of reprisal from authorities, confirmed the authenticity of the cargo manifest and other documents and noted the sale price for the arms was likely well below market value.

The port of Derince in Turkey, where the most recent arms shipment set off for Brazzaville. Credit: Wikimedia Commons

The port of Derince in Turkey, where the most recent arms shipment set off for Brazzaville. Credit: Wikimedia Commons

The documents included end-user certificates, which are issued by the country importing the arms to certify the recipient does not plan to sell them onward.

In January 2020, more than 100 tons of weaponry was sent from Azerbaijan to Congo-Brazzaville’s Republican Guard, including 775 mortar shells and over 400 cases of rockets designed to be launched out of trucks.

Pieter Wezeman, a senior researcher at the Stockholm International Peace Research Institute, said arms received at a discount are often either surplus weapons or those produced in Bulgaria or Serbia, which are both known for their cheap ordnance.

“It would be less likely that Congo-Brazzaville would be able to buy some of this equipment from … other European countries which have more restrictive arms export policies,” he said.

The Pool Offensive

The 100-ton shipment from Derince was significant, but separate documents reveal another arsenal sent from Azerbaijan between 2015 and 2017 that dwarfed it — and may have had terrifying consequences.

In total, over 500 tons of weapons, including hand grenades, mortar systems, and millions of bullets, were sent to Congo-Brazzaville in 16 shipments during those years, according to documents including inventories, end-user certificates, and cargo manifests obtained by reporters.

One end-user certificate shows five thousand grenades imported for the purposes of “training, anti-terrorism, security and stability operations.” It was signed by a special adviser to President Sassou-Nguesso on March 3, 2016, just days before the election.

After the vote, the opposition claimed the government had rigged the election in favor of Sassou-Nguesso, and unrest broke out in the capital, Brazzaville. The government blamed the unrest on a militia known as the Ninjas, made up of people mainly from the Lari ethnic group and based in the Pool region, which partially surrounds Brazzaville.

A burnt-out vehicle is seen on the road from Brazzaville to Kinkala. Credit: Philip Kleinfeld/IRIN, via The New Humanitarian

A burnt-out vehicle is seen on the road from Brazzaville to Kinkala. Credit: Philip Kleinfeld/IRIN, via The New Humanitarian

 

The weapons from Azerbaijan were then used, an opposition leader claims, to help fuel a prolonged armed conflict in Pool targeting the Ninjas. Amnesty International condemned the offensive as “an unlawful use of lethal force by the country’s security forces.” As the government pursued the Ninjas, witnesses to the carnage told Amnesty that dozens of bombs were dropped from helicopters, hitting a residential area and even a school.

“During the violence in Pool, the regime deployed a scorched earth strategy,” said Andréa Ngombet Malewa, leader of the Incarner l’Espoir political party. “The weapons that they bought from Azerbaijan went straight to that operation.”

The Baku-Brazzaville Connection

Azerbaijan has emerged as a key foreign ally of Congo-Brazzaville, providing its regime with discount arms and, perhaps more importantly, secrecy.

Azerbaijan’s Ilham Aliyev, right, is seen with Turkish leader Recep Tayyip Erdogan at a 2018 parade in Baku. Credit: Wikimedia Commons/Government of Azerbaijan

Azerbaijan’s Ilham Aliyev, right, is seen with Turkish leader Recep Tayyip Erdogan at a 2018 parade in Baku. Credit: Wikimedia Commons/Government of Azerbaijan

Buying from Ilham Aliyev, strongman of the notoriously opaque South Caucasus nation, Congo-Brazzaville could do so in the knowledge that the sales wouldn’t be reported.

Congo-Brazzaville has not reported any arms imports for more than three decades, and since there’s no arms embargo in place against the country, it isn’t required to do so. Nonetheless, a trail exists, with disclosures by other countries showing Sassou-Nguesso has been active in the arms market. In 2017, Serbia reported exporting 600 assault rifles to Congo-Brazzaville. Bulgaria sent 250 grenade launchers.

Opposition figures claim that previous shipments of weapons from Azerbaijan were used to fuel a brutal post-election offensive in 2016 that led to a humanitarian crisis.

But the Azeri weapons shipments have never been publicly reported, even though documentation seen by OCCRP shows Azerbaijan has been exporting lethal weapons to Sassou-Nguesso since at least as far back as September 2015. Some of the weapons were sourced from Transmobile, a Bulgarian company authorized to trade weapons for Azerbaijan, while others were bought from Yugoimport, a Serbian manufacturer. Neither company responded to requests for comment.

The first shipments of arms arrived in Brazzaville on Azerbaijani Air Force planes, but starting in 2017 a private carrier, Silk Way Airlines, began flying the weapons in instead. As a private carrier, Silk Way would have likely received less scrutiny than its military counterpart.

A Silk Way Airlines Boeing-737 leaves Hong Kong in 1999. Credit: Wilco

A Silk Way Airlines Boeing-737 leaves Hong Kong in 1999. Credit: Wilco

Silk Way is registered in the British Virgin Islands, a tax haven, and was previously linked to the Aliyev family. As well as previously winning lucrative contracts with the U.S. government to move ammunition and other non-lethal materials, Silk Way was found, in leaked correspondence reported by Bulgarian newspaper Trud, to have used flights with diplomatic clearance to secretly move hundreds of tons of weapons around the world, including to global conflict zones, between 2014 and 2017. The airline did not respond to a request for comment.

Braced for a Crackdown

As his regime heads to the polls on March 21, strongarm tactics mean Sassou-Nguesso is expected to win. He will reportedly face Mathias Dzon, his former finance minister from 1997 to 2002, and Guy-Brice Parfait Kolélas, who finished second in the 2016 presidential election, among others.

Saudi Arabia was listed as a “sponsoring party” in at least two arms consignments sent in 2016 and 2017, around the same time Congo-Brazzaville’s admittance to OPEC was being negotiated.

In 2016 he claimed 60 percent of the vote, with Kolélas securing just 15 percent. The U.S. slammed the government for “widespread irregularities and the arrests of opposition supporters.”

Then-U.S. Secretary of State John Kerry greets Denis Sassou Nguesso at a U.S.-Africa Summit in Washington, D.C., on August 6, 2014. Credit: U.S. Department of State/Flickr

Then-U.S. Secretary of State John Kerry greets Denis Sassou Nguesso at a U.S.-Africa Summit in Washington, D.C., on August 6, 2014. Credit: U.S. Department of State/Flickr

Experts don’t believe the opposition will fare any better this time around. Abdoulaye Diarra, a Central Africa Researcher for Amnesty International, said the government is carrying out a pre-election campaign of intimidation, harassment and arbitrary detention against its political opponents.

Fears that press freedom could be under threat ahead of the polls have risen after Raymond Malonga, a cartoonist known for satirical criticism of the authorities, was dragged from his hospital bed by plainclothes police at the beginning of February.

And now, the weapons haul from Azerbaijan has the opposition concerned about the prospect of violence around the polls.

“We are worried that the weapons that Sassou-Nguesso’s regime bought from Azerbaijan could be used to crack down on the opposition during the upcoming election,” said opposition leader Ngombet.

“They don’t want the world to see how much the Congolese people are eager for political change.”

Simon Allison, Sasha Wales-Smith, and Juliet Atellah contributed reporting.

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