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Blood on the Tea Leaves: Kenyan Workers Demand Reparations From Unilever

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In 2007, tea pluckers on a Unilever plantation were brutally attacked in the midst of ethnical violence triggered by a contested presidential election. As the company failed to protect them despite clear warning signs of impending violence, the victims are now taking it to court to demand reparations

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Blood on the Tea Leaves: Kenyan Workers Demand Reparations From Unilever
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At least four men armed with machetes and clubs broke into Anne Johnson’s home. They forced her husband and 11-year-old son into the bedroom and kept Anne and her teenage daughters in a separate room. To this day, she doesn’t know for certain if the men who raped her, her husband, and her daughters were her coworkers.  “They spoke the local language,”  Anne testified, but  “they blindfolded us so we could not see who they were.”

By 2007, when the attack took place, Anne and her husband, Makori (their names are pseudonyms to protect the family from retaliation), had lived and worked for more than a decade on a Kenyan tea plantation owned by Unilever, the London-based household-goods giant known for such brands as Lipton Tea, Dove, Axe, Knorr, and Magnum ice cream. In December of that year, hundreds of men from the neighboring town of Kericho would beat, maim, rape, and butcher the plantation’s residents during a week of terror.

The attackers killed at least 11 plantation residents, including Makori, whom they raped and fatally wounded in front of his son, and one of the Johnsons’ daughters. They looted and burned thousands of homes and injured and sexually assaulted an unknown number of people, who were targeted because of their ethnic identity and presumed political affiliation.

A contested presidential election triggered the violence. The candidate favored by Kericho’s local population—and openly backed by many Unilever managers—lost to the politician perceived to have support from minority tribes. The massacre was not confined to the plantation or to Kericho. More than 1,300 people died in post election violence across Kenya.

Unilever said the attacks on its plantation were unexpected and that it therefore should not be held liable. But witnesses and former Unilever managers say the company’s own staff incited and participated in the attacks. They made these allegations in 2016 in written testimony, after the case was submitted to a court in London. Anne and 217 other survivors wanted Unilever Kenya and its corporate parent in the United Kingdom to pay reparations. Among the claimants were 56 women who were raped and the family members of seven people who were killed.

In hundreds of pages of witness testimony and other court records and in interviews I conducted, the survivors describe how, in the run-up to the election, their colleagues threatened to attack them if the « wrong » candidate won. When they reported these comments, their managers dismissed their concerns, issued veiled threats, or made derogatory remarks of their own.

Former managers from Unilever Kenya admitted to the court that the company’s top management, including then-managing director Richard Fairburn, discussed the possibility of election violence in several meetings but only ramped up the security for its senior personnel, factories, and equipment.

Unilever Kenya insists it is not responsible and blames the police for acting too slowly. Meanwhile, its corporate parent in London maintains that it owes the workers nothing and that the victims should sue the company in Kenya, not in the United Kingdom. But the workers say that a lawsuit in Kenya could spark more violence, including from their earlier assailants, some of whom still work at the plantation.

In 2018, a judge in the United Kingdom ruled that Unilever’s London headquarters could not be held liable for the failures of its Kenyan subsidiary. Now, Anne and her former coworkers are looking to the UN Working Group on Business and Human Rights, which is expected to decide, over the next few months, whether Unilever has failed to meet the United Nations’ guidelines for responsible business behavior. As Anne explained to me,  “The company promised they would take care of us, but they didn’t, so now they should pay us so we can finally rebuild our lives.”

Unilever’s hilly tea plantation in Kenya’s southern Rift Valley covered about 13,000 hectares in 2007. With a population then of roughly 100,000 people, including about 20,000 residential workers and their families, and boasting on-site schools, health clinics, and social facilities, the estates are essentially a company town, and a cosmopolitan one: The workers belong to several ethnicities from across the country.

The Johnsons hailed from Kisii, a county two hours away from the Unilever estates, and identify ethnically as Kisii. On the plantation, the Kisiis made up nearly half the residents, but in nearby Kericho—the homeland of an ethnic group called the Kalenjins—they were a much smaller minority. And many people in Kericho looked down on the Kisiis and other  “foreigners.” The plantation reflected this divide: The Kalenjins were mostly managers, and the Kisiis and other minorities worked primarily as tea pluckers.

The couple spent the last Sunday of December 2007 as they did any other day—in the field with a basket on their backs—though they expected the evening to be tense, since the election results would be announced in the late afternoon. Earlier in the week, millions of Kenyans had gone to the polls to elect either Raila Odinga, who led the Orange Democratic Movement (ODM), or Mwai Kibaki, of the Party of National Unity (PNU), as their new president.

Anne hadn’t voted herself. Weeks earlier, she had applied for leave to travel to Kisii, where she was registered to vote, but her manager declined the request, she said. This experience was common among the members of minority tribes, said Daniel Leader, a lawyer and partner at the London law firm Leigh Day, who represented the survivors in court and whose team interviewed all 218 claimants.

The impending elections had exacerbated tensions between Unilever’s Kalenjin workers and their more junior Kisii colleagues.  “They assumed we Kisiis backed Mwai,” Anne explained, whereas the local Kalenjin population were overwhelmingly pro-Odinga.

In the weeks leading up to the election, survivors say ODM-supporting staff turned the tea estates into a fiercely pro-Odinga space, organizing political rallies and strategy meetings on the property. Anne told me that the perception of the Kisiis as Kibaki supporters led some Kalenjins to treat them with hostility. She said that team leaders, for example, began to allocate her job duties to non-Kisii workers. Other coworkers stopped talking to her altogether. To Anne’s distress, she found leaflets with hateful slogans like  “Foreigners go home” in the residential areas, making her worry that  “something bad may happen after the election.”

Anne was frightened but kept quiet.  “The company is so big. I assumed they would protect us,  “she told me. Those who felt less assured and who asked their team leaders and managers for protection were met with indifference, according to survivors. In court testimony, many recalled how various managers ignored their pleas for more security or dismissed them by saying,  “It’s just politics.” Other managers instructed the concerned workers to lobby and vote for Odinga, saying they would be « forced to leave » if they didn’t.

In the weeks leading up to the election, survivors say ODM-supporting staff turned the tea estates into a fiercely pro-Odinga space, organizing political rallies and strategy meetings on the property.

An estate manager admitted to the London court that Unilever Kenya’s senior management—including Fairburn, the managing director—had been aware that « there would be unrest and that the Plantation could be invaded. » They had discussed the need for extra security in at least three meetings in December, he said. But management took measures only to « secure company property, factories, machinery, stores, power stations and management housing, » while « no thought was given to increasing the security of the residential camps in order to protect the workers. » Another former Unilever manager corroborated this claim.

Fairburn, who was allegedly present at them, refused to comment on the meetings when I called him. To this day, Unilever claims that it could not have predicted the attacks, even though the media in Kenya and internationally, including the BBC, Al Jazeera, The New York Times, and Reuters, had reported on the impending ethnic violence.

“Anyone who knew anything about the Kenyan election in 2007 knew it had the potential to end in significant and widespread violence, and that this violence would largely break down along lines of identity and affiliation, » said Tara Van Ho, who teaches law and human rights at the University of Essex. Both Unilever Kenya and its corporate parent in London should have known that the workers and their families were at risk, she continued. To protect them, she argued, Unilever could have hired extra security guards, trained its security personnel and managers, and solidified their buildings or evacuated residents for the period immediately surrounding the election.

Instead, said Leader, the workers’ London attorney, Unilever « created a situation where [these employees] were sitting ducks—at risk because of their ethnicity. “

Meanwhile, Unilever Kenya’s managing director and other executives went on holiday before the crisis, according to the former managers, and the company evacuated the remaining managers and expats on private jets once the violence broke out.

When the news of Kibaki’s victory came on Sunday evening, Anne was preparing supper with her family. Moments later, she heard people screaming outside and knew they were in danger. « We quickly locked our doors, » she said.

That night, hundreds of men armed with machetes, clubs, kerosene jars, and other weapons invaded the plantation. They looted and burned thousands of Kisii homes—which they marked with an X—and attacked their inhabitants.

Court records paint a harrowing picture of what unfolded on the plantation over the next week. People were gang-raped and viciously beaten and saw their coworkers set on fire. When they fled for safety to the tea bushes, the attackers pursued them with dogs.

“We do not know the total number of people who were raped, killed, and permanently disabled, » Leader told me. He thinks the 218 claimants he represented are not the only surviving victims. « Many people are too scared of retribution or renewed attacks from colleagues who they continue to work alongside of,” he said.

Concern about violent reprisals was one reason the survivors wanted to sue Unilever in the United Kingdom. Another was that Leigh Day represented them for free, whereas in Kenya the survivors would not be able to afford legal counsel.

Leigh Day argued that their Kenyan clients had a right to sue Unilever in London, since UK law allows workers from international subsidiaries to sue the UK-based parent companies if, among other things, they can show that the corporate parent plays an active and controlling role in the subsidiary’s day-to-day management. Unilever, Leigh Day argued, clearly did.

Unilever’s lawyers nonetheless insisted that the victims should file their case in Kenya and suggested the tea pluckers  “band together” and  “raise funds from friends and family.”

Multiple victims said they recognized their attackers as Unilever colleagues. One woman told the court she was “started beating me with a metal rod on my back and on my legs and were going to rape me,” she stated in witness testimony, until  “a Kalenjin neighbor who was a male nurse intervened to stop the attack.”

In court, Unilever denied that its own staff participated in the attacks. But when I asked Unilever representatives how the company knew this, they declined to comment further on the issue.

After the attackers left, the Johnsons fled and hid for three nights in the tea bushes before making their way to the police station in nearby Koiwa, covered in mud and blood. From there, police officers escorted them to safety, and the family was able to escape to Kisii where they kept a small plot of land. Without savings, they could not afford the hospital costs for either their eldest daughter, who suffered severe injuries and got weaker by the day, or for Makori, who had internal bleeding. In the months that followed, both of them died in their mud house in Kisii.

Anne said that the only communication she received from Unilever since the attacks was an invitation to return to work months later and a letter offering her about $110 in compensation. The letter suggests that this amount was set and paid for by Unilever’s corporate headquarters in London.

In court, Unilever denied that its own staff participated in the attacks. But when I asked Unilever representatives how the company knew this, they declined to comment further on the issue.

“On behalf of the entire Unilever Tea Kenya Ltd family,” it reads,  “we thank Unilever for their understanding, material and moral support and we hope that this timely gesture will go a long way to bring normalcy back to our employees and their families.”

Anne told me she never returned to the plantation because she can’t leave her son, now in his mid-20s.  “He developed very bad seizures and panic attacks after what happened and needs constant care,”  she said. Severely traumatized and unable to afford the psychological treatment they need, her son and daughter both stopped going to school.  “We live off gifts from relatives and neighbors and the little maize we grow on our land,” she said.

The claimants say that Unilever owes them meaningful reparations, but Unilever insists it has already compensated them. The company’s spokespeople told me that it has paid all of the workers who eventually returned to the plantation with cash and new furniture and has also offered their families free counseling and medical care. But they won’t say how much the company gave them or comment on the letter that Anne shared with me.

In the summer of 2018, Anne and a group of other victims rebutted these claims in a letter to Paul Polman, the company’s CEO at the time:  “It’s not right that Unilever has said it helped us when we know that is not true,” the letter stated. It continued:

Unilever just wanted us to go back to work as if nothing happened [and those of us who did] were told we must not talk about what happened. We are still scared that we will be punished if we speak about the violence.

Unilever says that after the violence every employee was given  “compensation in kind” to offset our lost wages and that we were given replacement items or cash to buy new items to replace our stolen property…but those who were too afraid to return got nothing and only some of those who returned were given KES12,000 [$110], a little more than a month salary, and a little maize, which was then deducted from our salary. We were told that if we saw people with our belongings we should say nothing.

Polman appears not to have responded to the letter.

Under UK law, a parent company can only be held liable for the health and safety breaches of its subsidiaries if it exercises a high degree of control over their safety and crisis management policies.

To prove to the court that the UK parent company did indeed exercise such control over Unilever Kenya, Leigh Day submitted witness statements from former workers, who testified to the frequent visits made by London managers, and from four former managers, who gave evidence that the head office shaped, supervised, and audited the safety and crisis management policies of Unilever Kenya and even made its own safety protocols compulsory. This meant that, as one senior manager with over 15 years of experience with the company put it, Unilever Kenya was « confined to strictly complying with the policies and procedures which had been cascaded down by [Unilever] Plc.  “Another senior manager stated that London’s « checklists and detailed policies had to be complied with or an employee would be dismissed or face some other sanction.”

These testimonies seemed to support Leigh Day’s claim that the London headquarters shared liability. Yet to prove it to the court, the law firm needed access to the actual text of the protocols that the managers described. However, since these were pretrial proceedings—meaning that the court had not accepted jurisdiction—Unilever had no duty to disclose relevant materials and simply refused to hand over the documents.

Under UK law, a parent company can only be held liable for the health and safety breaches of its subsidiaries if it exercises a high degree of control over their safety and crisis management policies.

The judge’s ruling made clear that the  “weakness” of their evidence played a major role in her decision to deny the Kenyans jurisdiction. Human rights scholars and corporate accountability advocates condemned the ruling. The court had created a catch-22 for the workers, Van Ho observed:  “The claimants couldn’t get the documents that showed Unilever UK did something wrong until they had the documents that showed Unilever UK did something wrong.”  It’s  “dizzying,”  she said, and  “an unfair expectation for employees who have a lot less power than the multibillion-dollar company that employed them.”

Anne said she remains hopeful that international human rights advocates will support her cause. With other victims, she recently filed a complaint against Unilever at the United Nations, arguing that the company violated the UN Guiding Principles for Business and Human Rights. One requirement is that companies must ensure that victims of human rights abuses in their supply chain have access to remediation. Van Ho anticipates that the UN body, which is expected to reach a decision soon, will agree that Unilever breached these guidelines.  “Hiding behind legal loopholes and refusing to disclose relevant information to avoid paying reparations is the exact opposite of what the Guiding Principles prescribe,” she said.

Though the United Nations can’t force Unilever to pay up, Anne hopes the case will generate the attention and public pressure necessary to push the company in that direction. When asked what it would mean to her if the workers succeed, she told me,  “It would be the greatest moment in my life.”

Editors Note: This is an edited version of an article first published by The Nation. It is republished here as part of our partnership with Progressive international. 

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Maria Hengeveld is an investigative journalist, focused on workers’ rights and corporate accountability, and a PhD researcher and Gates Scholar at King’s College, Cambridge.

Politics

Dadaab: Playing Politics With the Lives of Somali Refugees in Kenya

Somali refugees in Kenya should not be held hostage by political disagreements between Mogadishu and Nairobi but must continue to enjoy Kenya’s protection as provided for under international law.

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Dadaab: Playing Politics With the Lives of Somali Refugees in Kenya
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For several years now, Kenya has been demanding that the UNHCR, the UN Refugee Agency, close the expansive Dadaab refugee complex in north-eastern Kenya, citing “national security threats”. Kenya has argued, without providing sufficient proof, that Dadaab, currently home to a population of 218,000 registered refugees who are mostly from Somalia, provides a “safe haven” and a recruitment ground for al-Shabaab, the al-Qaeda affiliate in Somalia that constantly carries out attacks inside Kenya. Threats to shut down have escalated each time the group has carried out attacks inside Kenya, such as following the Westgate Mall attack in 2013 and the Garissa University attack in 2015.

However, unlike previous calls, the latest call to close Dadaab that came in March 2021, was not triggered by any major security lapse but, rather, was politically motivated. It came at a time of strained relations between Kenya and Somalia. Kakuma refugee camp in Turkana County in north-western Kenya, is mostly home to South Sudanese refugees but also hosts a significant number of Somali refugees. Kakuma has not been included in previous calls for closure but now finds itself targeted for political expediency—to show that the process of closing the camps is above board and targets all refugees in Kenya and not only those from Somalia.

That the call is politically motivated can be deduced from the agreement reached between the UNHCR and the Kenyan government last April where alternative arrangements are foreseen that will enable refugees from the East African Community (EAC) to stay. This means that the South Sudanese will be able to remain while the Somali must leave.

Security threat

Accusing refugees of being a security threat and Dadaab the operational base from which the al-Shabaab launches its attacks inside Kenya is not based on any evidence. Or if there is any concrete evidence, the Kenyan government has not provided it.

Some observers accuse Kenyan leaders of scapegoating refugees even though it is the Kenyan government that has failed to come up with an effective and workable national security system. The government has also over the years failed to win over and build trust with its Muslim communities. Its counterterrorism campaign has been abusive, indiscriminately targeting and persecuting the Muslim population. Al-Shabab has used the anti-Muslim sentiment to whip up support inside Kenya.

Moreover, if indeed Dadaab is the problem, it is Kenya as the host nation, and not the UNHCR, that oversees security in the three camps that make up the Dadaab complex. The camps fall fully under the jurisdiction and laws of Kenya and, therefore, if the camps are insecure, it is because the Kenyan security apparatus has failed in its mission to securitise them.

The terrorist threat that Kenya faces is not a refugee problem — it is homegrown. Attacks inside Kenya have been carried out by Kenyan nationals, who make up the largest foreign group among al-Shabaab fighters. The Mpeketoni attacks of 2014 in Lamu County and the Dusit D2 attack of 2019 are a testament to the involvement of Kenyan nationals. In the Mpeketoni massacre, al-Shabaab exploited local politics and grievances to deploy both Somali and Kenyan fighters, the latter being recruited primarily from coastal communities. The terrorist cell that conducted the assault on Dusit D2 comprised Kenyan nationals recruited from across Kenya.

Jubaland and the maritime border dispute 

This latest demand by the Kenyan government to close Dadaab by June 2022 is politically motivated. Strained relations between Kenya and Somalia over the years have significantly deteriorated in the past year.

Mogadishu cut diplomatic ties with Nairobi in December 2020, accusing Kenya of interfering in Somalia’s internal affairs. The contention is over Kenya’s unwavering support for the Federal Member State of Jubaland — one of Somalia’s five semi-autonomous states — and its leader Ahmed “Madobe” Mohamed Islam. The Jubaland leadership is at loggerheads with the centre in Mogadishu, in particular over the control of the Gedo region of Somalia.

Kenya has supported Jubaland in this dispute, allegedly hosting Jubaland militias inside its territory in Mandera County that which have been carrying out attacks on federal government of Somalia troop positions in the Gedo town of Beled Hawa on the Kenya-Somalia border. Dozens of people including many civilians have been killed in clashes between Jubaland-backed forces and the federal government troops.

Relations between the two countries have been worsened by the bitter maritime boundary dispute that has played out at the International Court of Justice (ICJ).

The latest call to close Dadaab is believed to have been largely triggered by the case at the Hague-based court, whose judgement was delivered on 12 October.  The court ruled largely in favour of Somalia, awarding it most of the disputed territory. In a statement, Kenya’s President Uhuru Kenyatta said, “At the outset, Kenya wishes to indicate that it rejects in totality and does not recognize the findings in the decision.” The dispute stems from a disagreement over the trajectory to be taken in the delimitation of the two countries’ maritime border in the Indian Ocean. Somalia filed the case at the Hague in 2014.  However, Kenya has from the beginning preferred and actively pushed for the matter to be settled out of court, either through bilateral negotiations with Somalia or through third-party mediation such as the African Union.

Kenya views Somalia as an ungrateful neighbour given all the support it has received in the many years the country has been in turmoil. Kenya has hosted hundreds of thousands of Somali refugees for three decades, played a leading role in numerous efforts to bring peace in Somalia by hosting peace talks to reconcile Somalis, and the Kenyan military, as part of the African Union Mission in Somalia, AMISOM, has sacrificed a lot and helped liberate towns and cities. Kenya feels all these efforts have not been appreciated by Somalia, which in the spirit of good neighbourliness should have given negotiation more time instead of going to court. In March, on the day of the hearing, when both sides were due to present their arguments, Kenya boycotted the court proceedings at the 11th hour. The court ruled that in determining the case, it would use prior submissions and written evidence provided by Kenya. Thus, the Kenyan government’s latest demand to close Dadaab is seen as retaliation against Somalia for insisting on pursuing the case at the International Court of Justice (ICJ).

Nowhere safe to return to

Closing Dadaab by June 2022 as Kenya has insisted to the UNHCR, is not practical and will not allow the dignified return of refugees. Three decades after the total collapse of the state in Somalia, conditions have not changed much, war is still raging, the country is still in turmoil and many parts of Somalia are still unsafe. Much of the south of the country, where most of the refugees in Dadaab come from, remains chronically insecure and is largely under the control of al-Shabaab. Furthermore, the risk of some of the returning youth being recruited into al-Shabaab is real.

A programme of assisted voluntary repatriation has been underway in Dadaab since 2014, after the governments of Kenya and Somalia signed a tripartite agreement together with the UNHCR in 2013. By June 2021, around 85,000 refugees had returned to Somalia under the programme, mainly to major cities in southern Somalia such as Kismayo, Mogadishu and Baidoa. However, the programme has turned out to be complicated; human rights groups have termed it as far from voluntary, saying that return is fuelled by fear and misinformation. 

Many refugees living in Dadaab who were interviewed by Human Rights Watch said that they had agreed to return because they feared Kenya would force them out if they stayed. Most of those who were repatriated returned in 2016 at a time when pressure from the Kenyan government was at its highest, with uncertainty surrounding the future of Dadaab after Kenya disbanded its Department of Refugee Affairs (DRA) and halted the registration of new refugees.

Many of the repatriated ended up in camps for internally displaced persons (IDPs) within Somalia, with access to fewer resources and a more dangerous security situation. Somalia has a large population of 2.9 million IDPs  scattered across hundreds of camps in major towns and cities who have been displaced by conflict, violence and natural disasters. The IDPs are not well catered for. They live in precarious conditions, crowded in slums in temporary or sub-standard housing with very limited or no access to basic services such as education, basic healthcare, clean water and sanitation. Thousands of those who were assisted to return through the voluntary repatriation programme have since returned to Dadaab after they found conditions in Somalia unbearable. They have ended up undocumented in Dadaab after losing their refugee status in Kenya.  

Many refugees living in Dadaab who were interviewed by Human Rights Watch said that they had agreed to return because they feared Kenya would force them out if they stayed.

Camps cannot be a permanent settlement for refugees. Dadaab was opened 30 years ago as a temporary solution for those fleeing the war in Somalia. Unfortunately, the situation in Somalia is not changing. It is time the Kenyan government, in partnership with members of the international community, finds a sustainable, long-term solution for Somali refugees in Kenya, including considering pathways towards integrating the refugees into Kenyan society.  Dadaab could then be shut down and the refugees would be able to lead dignified lives, to work and to enjoy freedom of movement unlike today where their lives are in limbo, living in prison-like conditions inside the camps.

The proposal to allow refugees from the East African Community to remain after the closure of the camps — which will mainly affect the 130,000 South Sudanese refugees in Kakuma —  is a good gesture and a major opportunity for refugees to become self-reliant and contribute to the local economy.

Announcing the scheme, Kenya said that refugees from the EAC who are willing to stay on would be issued with work permits for free. Unfortunately, this option was not made available to refugees from Somalia even though close to 60 per cent of the residents of Dadaab are under the age of 18, have lived in Kenya their entire lives and have little connection with a country their parents escaped from three decades ago.

Many in Dadaab are also third generation refugees, the grandchildren of the first wave of refugees. Many have also integrated fully into Kenyan society, intermarried, learnt to speak fluent Swahili and identify more with Kenya than with their country of origin.

The numbers that need to be integrated are not huge. There are around 269,000 Somali refugees in Dadaab and Kakuma. When you subtract the estimated 40,000 Kenyan nationals included in refugee data, the figure comes down to around 230,000 people. This is not a large population that would alter Kenya’s demography in any signific ant way, if indeed this isis the fear in some quarters. If politics were to be left out of the question, integration would be a viable option.

Many in Dadaab are also third generation refugees, the grandchildren of the first wave of refugees.

For decades, Kenya has shown immense generosity by hosting hundreds of thousands of refugees, and it is important that the country continues to show this solidarity. Whatever the circumstances and the diplomatic difficulties with its neighbour Somalia, Kenya should respect its legal obligations under international law to provide protection to those seeking sanctuary inside its borders. Refugees should only return to their country when the conditions are conducive, and Somalia is ready to receive them. To forcibly truck people to the border, as Kenya has threatened in the past, is not a solution. If the process of returning refugees to Somalia is not well thought out, a hasty decision will have devastating consequences for their security and well-being.

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Politics

The Assassination of President Jovenel Moïse and the Haitian Imbroglio

As CARICOM countries call for more profound changes that would empower the Haitian population, Western powers offer plans for “consensual and inclusive” government that will continue to exclude the majority of the citizens of Haiti from participating in the running of their country.

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The Assassination of President Jovenel Moïse and the Haitian Imbroglio
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On Wednesday 7 July 2021, the President of Haiti, Jovenel Moïse, was assassinated in his home. His wife was injured in the attack. That the president’s assassins were able to access his home posing as agents of the Drug Enforcement Agency of the United States (DEA) brought to the fore the intricate relationship between drugs, money laundering and mercenary activities in Haiti. Two days later, the government of Haiti reported that the attack had been carried out by a team of assailants, 26 of whom were Colombian. This information that ex-soldiers from Colombia were involved brought to the spotlight the ways in which Haiti society has been enmeshed in the world of the international mercenary market and instability since the overthrow of President Jean-Bertrand Aristide and the Lavalas movement in 2004.

When the French Newspaper Le Monde recently stated that Haiti was one of the four drug hubs of the Caribbean region, the paper neglected to add the reality that as a drug hub, Haiti had become an important base for US imperial activities, including imperial money laundering, intelligence, and criminal networks. No institution in Haiti can escape this web and Haitian society is currently reeling from this ecosystem of exploitation, repression, and manipulation. Under President Donald Trump, the US heightened its opposition to the governments of Venezuela and Cuba. The mercenary market in Florida became interwoven with the US Drug Enforcement Agency (DEA) and the financial institutions that profited from crime syndicates that thrive on anti-communist and anti-Cuba ideas.

But even as Haitian society is reeling from intensified destabilization, the so-called Core Group (comprising of the Organization of American States (OAS), the European Union, the United States, France, Spain, Canada, Germany, and Brazil) offers plans for “consensual and inclusive” government that will continue to exclude the majority of the citizens of Haiti from participating in the running of their country. Elsewhere in the Caribbean, CARICOM countries are calling for more profound changes that would empower the population while mobilizing international resources to neutralize the social power of the money launderers and oligarchs in Haitian society.

Haiti since the Duvaliers

For the past thirty-five years, the people of Haiti have yearned for a new mode of politics to transcend the dictatorship of the Duvaliers (Papa Doc and Baby Doc). The Haitian independence struggles at the start of the 19th century had registered one of the most fundamental blows to the institutions of chattel slavery and colonial domination. Since that revolution, France and the US have cooperated to punish Haiti for daring to resist white supremacy. An onerous payment of reparations to France was compounded by US military occupation after 1915.

Under President Woodrow Wilson, the racist ideals of the US imperial interests were reinforced in Haiti in a nineteen-year military occupation that was promoted by American business interests in the country. Genocidal violence from the Dominican Republic in 1937 strengthened the bonds between militarism and extreme violence in the society. Martial law, forced labour, racism and extreme repression were cemented in the society. Duvalierism in the form of the medical doctor François Duvalier mobilized a variant of Negritude in the 50s to cement a regime of thuggery, aligned with the Cold War goals of the United States in the Caribbean. The record of the Duvalier regime was reprehensible in every form, but this kind of government received military and intelligence assistance from the United States in a region where the Cuban revolution offered an alternative. Francois Duvalier died in 1971 and was succeeded by his son, Jean-Claude Duvalier, who continued the tradition of rule by violence (the notorious Tonton Macoute) until this system was overthrown by popular uprisings in 1986.

The Haitian independence struggles at the start of the 19th century had registered one of the most fundamental blows to the institutions of chattel slavery and colonial domination.

On 16 December 1990, Jean-Bertrand Aristide won the presidency by a landslide in what were widely reported to be the first free elections in Haiti’s history. Legislative elections in January 1991 gave Aristide supporters a plurality in Haiti’s parliament. The Lavalas movement of the Aristide leadership was the first major antidote to the historical culture of repression and violence. The United States and France opposed this new opening of popular expression such that military intervention, supported by external forces in North America and the Organization of American States, brought militarists and drug dealers under General Joseph Raoul Cédras to the forefront of the society. The working peoples of Haiti were crushed by an alliance of local militarists, external military peacekeepers and drug dealers. The noted Haitian writer, Edwidge Danticat, has written extensively on the consequences of repeated military interventions, genocide and occupation in the society while the population sought avenues to escape these repressive orders. After the removal of the Aristide government in 2004, it was the expressed plan of the local elites and the external forces that the majority of the Haitian population should be excluded from genuine forms of participatory democracy, including elections.

Repression, imperial NGOs and humanitarian domination

The devastating earthquake of January 2010 further deepened the tragic socio-economic situation in Haiti. An estimated 230,000 Haitians lost their lives, 300,000 were injured, and more than 1.5 million were displaced as a result of collapsed buildings and infrastructure. External military interventions by the United Nations, humanitarian workers and international foundations joined in the corruption to strengthen the anti-democratic forces in Haitian society. The Clinton Foundation of the United States was complicit in imposing the disastrous presidency of Michel Martelly on Haitian society after the earthquake. The book by Jonathan Katz, The Big Truck That Went By: How the World Came to Save Haiti and Left Behind a Disaster, provides a gripping account of the corruption in Haiti. So involved were the Clintons in the rot in Haiti that Politico Magazine dubbed Bill and Hilary, The King and Queen of Haiti.

In 2015, Jovenel Moïse was elected president in a very flawed process, but was only able to take office in 2017. From the moment he entered the presidency, his administration became immersed in the anti-people traditions that had kept the ruling elites together with the more than 10,000 international NGOs that excluded Haitians from participating in the projects for their own recovery. President Moïse carved out political space in Haiti with the support of armed groups who were deployed as death squads with the mission of terrorizing popular spaces and repressing supporters of the Haitian social movement. In a society where the head of state did not have a monopoly over armed gangs, kidnappings, murder (including the killing of schoolchildren) and assassinations got out of control. Under Moïse, Haiti had become an imbroglio where the government and allied gangs organized a series of massacres in poor neighbourhoods known to host anti-government organizing, killing dozens at a time.

Moïse and the extension of repression in Haiti

Moïse remained president with the connivance of diplomats and foundations from Canada, France and the United States. These countries and their leaders ignored the reality that the Haitian elections of 2017 were so deeply flawed and violent that almost 80 per cent of Haitian voters did not, or could not, vote. Moïse, with the support of one section of the Haitian power brokers, avoided having any more elections, and so parliament became inoperative in January 2020, when the terms of most legislators expired. When mayors’ terms expired in July 2020, Moïse personally appointed their replacements. This accumulation of power by the president deepened the divisions within the capitalist classes in Haiti. Long-simmering tensions between the mulatto and black capitalists were exacerbated under Moïse who mobilized his own faction on the fact that he was seeking to empower and enrich the black majority. Thugs and armed gangs were integrated into the drug hub and money laundering architecture that came to dominate Haiti after 2004.

After the Trump administration intensified its opposition to the Venezuelan government, the political and commercial leadership in Haiti became suborned to the international mercenary and drug systems that were being mobilized in conjunction with the military intelligence elements in Florida and Colombia. President Jovenel Moïse’s term, fed by spectacular and intense struggles between factions of the looters, was scheduled to come to a legal end in February 2021. Moïse sought to remain in power, notwithstanding the Haitian constitution, the electoral law, or the will of the Haitian people.

So involved were the Clintons in the rot in Haiti that Politico Magazine dubbed Bill and Hilary, The King and Queen of Haiti.

Since the removal of Aristide and the marginalization of the Lavalas forces from the political arena in Haiti, the US has been more focused on strengthening the linkages between the Haitian drug lords and the money launderers in Colombia, Florida, Dominican Republic, and Venezuelan exiles. It was therefore not surprising that the mercenary industry, with its linkages to financial forces in Florida, has been implicated in the assassination of President Moïse. The Core Group of Canada, France and the US has not once sought to deploy the resources of the international Financial Action Task Force (FATF) to penetrate the interconnections between politicians in Haiti and the international money laundering and mercenary market.

Working for democratic transition in Haiti

The usual handlers of Haitian repression created the Core Group within one month of Moïse’s assassination. Canada, France and the United States had historically been implicated in the mismanaging of Haiti along with the United Nations. Now, the three countries have mobilized the OAS (with its checkered history), Brazil and the European Union to add their weight to a new transition that will continue to exclude the majority of the people of Haiti. It has been clear that under the current system of destabilization and violence, social peace will be necessary before elections can take place in Haiti.

Moïse sought to remain in power, notwithstanding the Haitian constitution, the electoral law, or the will of the Haitian people.

The continuous infighting among the Haitian ruling elements after the assassination was temporarily resolved at the end of July when Ariel Henry was confirmed by the US and France as Prime Minister. Henry had been designated as prime minister by Moïse days before his assassination. The popular groups in Haiti that had opposed Moïse considered the confirmation of Ariel Henry as a slap in the face because they had been demonstrating for the past four years for a more robust change to the political landscape. These organizations mobilized in what they called the Commission, (a gathering of civil society groups and political parties with more than 150 members), and had been holding marathon meetings to publicly work out what kind of transitional government they would want to see. According to the New York Times, rather than a consensus, the Core Group of international actors imposed a “unilateral proposal” on the people of Haiti.

Haiti is a member of CARICOM. The Caribbean community has proposed a longer transition period overseen by CARICOM for the return of Haiti to democracy. With the experience of the UN in Haiti, the Caribbean community has, through its representative on the UN Security Council, proposed the mobilization of the peacekeeping resources and capabilities of the UN to be deployed to CARICOM in order to organize a credible transition to democracy in Haiti. The nature and manner of the assassination of President Moïse has made more urgent the need for genuine reconstruction and support for democratic transition in Haiti.

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How Dadaab Has Changed the Fortunes of North-Eastern Kenya

Despite the hostile rhetoric and threats of closure, the presence of refugees in the camps in northern-eastern Kenyan has benefited the host communities.

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How Dadaab Has Changed the Fortunes of North-Eastern Kenya
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In the 1960s, Kenya had a progressive refugee policy that allowed refugees to settle anywhere in the country and to access education. This approach created in Kenya a cadre of skilled and professional refugees. However, the policy changed in the 1990s due to an overwhelming influx of refugees and asylum seekers escaping conflict in Somalia, Ethiopia and South Sudan. Kenya switched to an encampment policy for refugees, who were mainly confined to camps.

Although there are refugees living in urban and peri-urban areas elsewhere in the country, for over two decades, northern Kenya has hosted a disproportionate number of the refugees living in Kenya. The region has been home to one of the world’s largest refugee camps, with generations of lineage having an impact on the economic, social, cultural, and ecological situation of the region because of the support provided by the government and by non-governmental organisations (NGOs) in education, health and security services.

Mandera and Marsabit counties, both of which boarder with Ethiopia, Wajir County which borders with both Ethiopia and Somalia and, Garissa County which borders with Somalia, have hosted refugees and migrants displaced from their countries of origin for various reasons. In 2018, the town of Moyale, which is on the Ethiopian boarder in Marsabit County, temporarily hosted over 10,000 Ethiopians escaping military operations in Ethiopia’s Moyale District.    

Elwak town in Wajir County occasionally hosts pastoralist communities from Somalia who cross into Kenya seeking pasture for their livestock. While the movement of refugees into Marsabit and Wajir counties has been of a temporary nature, Garissa County has hosted refugees for decades.

Located 70 kilometres from the border with Somalia, the Dadaab refugee complex was established in the 1990s and has three main camps: Dagahaley, Ifo, and Hagadera. Due to an increase in refugee numbers around 2011, the Kambioos refugee camp in Fafi sub-county was established to host new arrivals from Somalia and to ease pressure on the overcrowded Hagadera refugee camp. The Kambioos camp was closed in 2019 as the refugee population fell.

According to the UN Refugee Agency, UNHCR, and the Refugee Affairs Secretariat (RAS), the Dadaab refugee complex currently hosts over 226, 689 refugees, 98 per cent of whom are from Somalia. In 2015, the refugee population in the Dadaab refugee complex was over 300,000, larger than that of the host community. In 2012, the camp held over 400,000 refugees leading to overstretched and insufficient resources for the growing population.

Under international refugee and human rights law, the government has the sole responsibility of hosting and caring for refugees. However, there is little information regarding the investments made by the Kenyan government in the refugee sector in the north-eastern region over time. Moreover, the government’s investment in the sector is debatable since there was no proper legal framework to guide refugee operations in the early 1990s. It was only in 2006 that the government enacted the Refugee Act that formally set up the Refugee Affairs Secretariat mandated to guide and manage the refugee process in Kenya.

While the Refugee Act of 2006 places the management of refugee affairs in the hands of the national government, devolved county governments play a significant role in refugee operations. With the 2010 constitution, the devolution of social functions such as health and education has extended into refugee-hosting regions and into refugee camps. While devolution in this new and more inclusive system of governance has benefited the previously highly marginalised north-eastern region through a fairer distribution of economic and political resources, there is however little literature on how the refugees benefit directly from the county government resource allocations.

The three north-eastern counties are ranked among the leading recipients of devolved funds: Mandera County alone received US$88 million in the 2015/2016 financial year, the highest allocation of funds after Nairobi and Turkana, leading to developmental improvements.

However, it can be argued that the allocation of funds from the national government to the northern frontier counties by the Kenya Commission on Revenue Allocation—which is always based on the Revenue Allocation table that prioritizes population, poverty index, land area, basic equal share and fiscal responsibility—may not have been taking the refugee population into account. According to the 2019 census, the population of Dadaab sub-county is 185,252, a figure that is well below the actual refugee population. The increase in population in the north-eastern region that is due to an increase in the refugee population calls for an increase in the allocation of devolved funds.

The three north-eastern counties are ranked among the leading recipients of devolved funds.

Dadaab refugee camp has been in the news for the wrong reasons. Security agencies blame the refugees for the increased Al Shabaab activity in Kenya, and even though these claims are disputed, the government has made moves to close down the camp. In 2016, plans to close Dadaab were blocked by the High Court which declared the proposed closure unconstitutional. In 2021, Kenya was at it again when Ministry of Interior Cabinet Secretary Fred Matiang’I tweeted that he had given the UNHCR 14 days to draw up a plan for the closure of the camp. The UNHCR and the government issued a joint statement agreeing to close the camp in June 2022.

The security rhetoric is not new. There has been a sustained campaign by Kenya to portray Dadaab as a security risk on national, regional and international platforms. During the 554th meeting of the African Union Peace and Security Forum held in November 2015, it was concluded that the humanitarian character of the Dadaab refugee camp had been compromised. The AU statements, which may have been drafted by Kenya, claimed that the attacks on Westgate Mall and Garissa University were planned and launched from within the refugee camps. These security incidents are an indication of the challenges Kenya has been facing in managing security. For example, between 2010 and 2011, there were several IED (Improvised Explosive Devices) incidents targeting police vehicles in and around Dadaab where a dozen officers were injured or killed. In October 2012, two people working for the medical charity Médicins Sans Frontières (MSF) were kidnapped in Dadaab. Local television network NTV has described the camp as “a womb of terror” and “a home for al-Shabaab operations”.

There has been a sustained campaign by Kenya to portray Dadaab as a security risk on national, regional and international platforms.

Security restrictions and violent incidents have created a challenging operational environment for NGOs, leading to the relocation of several non-local NGO staff as well as contributing to a shrinking humanitarian space. Some teachers and health workers from outside the region have refused to return to the area following terrorist attacks by Al-Shabaab, leaving behind large gaps in the health, education, and nutrition sectors.

However, despite the challenging situation, the refugee camps have also brought many benefits, not only to Kenya as a country but also to the county governments and the local host communities.

Education

According to the Intergovernmental Authority on Development (IGAD) half the refugee population in the IGAD member states are children of school-going age, between 4 and 18 years.

In Garissa, the education sector is one of the areas that has benefited from the hosting of refugees in the county because the host community has access to schools in the refugee camps. Windle Trust, an organisation that offers scholarships to students in secondary schools and in vocational training institutes, has been offering scholarships to both the refugees and the host communities. In July 2021, over 70 students benefited from a project run by International Labour Organisations (ILO) in partnership with Garissa county governments, the East African Institute of Welding (EAIW) and the Kenya Association of Manufacturers (KAM) to give industrial welding skills to refugees and host communities.

However, despite the measures taken by the Kenyan government to enrol refugees in Kenyan schools, there is a notable gap that widens as students go through the different levels of education. Statistics show that of the school-going refugee population, only a third get access to secondary education of which a sixth get to join tertiary institutions. This is well below the government’s Sustainable Development Goal (SDG) 4 target that seeks to ensure that all girls and boys complete free, equitable and quality primary and secondary education. This also reflects the situation of the host community’s education uptake. Other investments in the education sector that have targeted the host communities include recruitment and deployment of early childhood education teachers to schools in the host community by UNHCR and other non-governmental organizations (NGOs).

Non-governmental/intergovernmental support 

The presence of refugees has led to NGOs setting up and running projects in the camps. According to Garissa County’s Integrated Development Plan, there are over 70 non-governmental organisations present, with the majority operating around the Dadaab refugee complex and within the host communities. The UNHCR estimates that it will require about US$149.6 million to run its operations in Dadaab Camp this year. However, as of May 2021, only US$45.6 million—31 per cent of the total amount required—had been received.

The decrease in humanitarian funding has had an impact on the livelihoods of refugees and host communities in north-eastern Kenya.  According to the World Bank, 73 per cent of the population of Garissa County live below the poverty line. In the absence of social safety nets, locals have benefited from the humanitarian operations in and around the camp. The UNHCR reports that about 40,000 Kenyan nationals within a 50km radius of the Dadaab refugee camp ended up enrolling as refugees in order to access food and other basic services in the camps.

In 2014, the UNHCR reported that it had supported the Kenyan community residing in the wider Daadab region in establishing over US$5 million worth of community assets since 2011. The presence of refugees has also increased remittances from the diaspora, and there are over 50 remittance outlets operating in the Dadaab camp, increasing economic opportunities and improving services. Using 2010 as the reference year, researchers have found that the economic benefits of the Dadaab camp to the host community amount to approximately US$14 million annually.

The UNHCR reported that it had supported the Kenyan community residing in the wider Daadab region in establishing over US$5 million of community assets since 2011 since 2011.

To reduce overdependence on aid and humanitarian funding in running refugee operations, the County Government of Garissa developed a Garissa Integrated Socio-Economic Development Plan (GISEDP) in 2019 that provided ways of integrating refugees into the socio-economic life of the community to enhance their self-reliance. The European Union announced a Euro 5 million funding programme to support the socio-economic development plan, thus opening up opportunities for development initiatives including income generating activities such as the flourishing businesses at Hagadera market. The recent announcement of the planned closure of the camp has put these plans at risk.

A voice

The host community is increasingly involved in issues that affect both the locals living around the Dadaab refugee complex and the refugees themselves, with the voice of the community gaining prominence in decision-making regarding the county budget and sometimes even regarding NGO operations. NGOs periodically conduct needs assessments in and around the camp to guide the budgeting and planning process for subsequent years and the host community is always consulted.

Interest in governance issues has also increased. For example, between 2010 and 2015 the host community successfully lobbied for increased employment opportunities for locals in the UNHCR operations. With experience in the humanitarian field, some from within the host communities have secured positions as expatriates in international organizations across the globe, adding to increased international remittances to Garissa County.

Health

Research reveals that, compared to other pastoralist areas, health services for host communities have improved because of the presence of aid agencies in Dadaab. Hospitals managed by Médicins Sans Frontières and the International Red Cross in Dagahaley and Hagadera respectively are said to be offering better services than the sub-county hospital in Dadaab town. The two hospitals are Ministry of Health-approved vaccination centres in the fight against the COVID-19 pandemic.

Despite the massive investments made in the health sector by humanitarian organisations in and around Dadaab, both UNICEF and the World Health Organisation have identified the camp as an entry point for infectious diseases like polio and measles into Kenya. There was a confirmed case of WPV1 (wild poliovirus) in a 4-month-old girl from the Dadaab refugee camp in May 2013. This is a clear indication of the health risks associated with the situation.

Researchers have found that the economic benefits of the Dadaab camp to the host community amount to approximately US$14 million annually.

Other problems associated with the presence of the camps include encroachment of the refugee population on local land, leading to crime and hostility between the two communities. These conflicts are aggravated by the scramble for the little arable land available in this semi-arid region that makes it difficult to grow food and rear farm animals, leading to food shortages.

While it is important to acknowledge that progress has been made in integrating refugees into the north-eastern region, and that some development has taken place in the region, more needs to be done to realise the full potential of the region and its communities.  Kenya’s security sector should ensure that proper measures are put in place to enhance security right from the border entry point in order to weed out criminals who take advantage of Kenya’s acceptance of refugees. The country should not expel those who have crossed borders in search of refuge but should tap fully into the benefits that come with hosting refugees.

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