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Worked to Death: Lack of a Policy Framework Fails Kenyan Migrants in the Gulf

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The government’s failure to adopt a labour migration policy has left Kenyan migrant workers in the Gulf region open to abuse, torture and even death.

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Worked to Death: Lack of a Policy Framework Fails Kenyan Migrants in the Gulf
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Reports by various institutions including Parliament, the Ombudsman and NGOs have established that the Kenyan government’s failure to develop a comprehensive policy and legal framework continues to put at risk thousands of Kenyan migrant workers in the Middle East and especially in the Gulf.

There could be anywhere between 100,000 and 300,000 Kenyan migrants in the Gulf countries. No one knows for sure as the Kenyan government doesn’t keep accurate records, though its estimates are at the lower end of the spectrum. Most are unskilled laborers, in sectors such as construction, hospitality and domestic work, and their numbers are expected to keep growing given the Gulf’s high demand for inexpensive foreign labour. Labour abuses in the region are widespread, systemic and deadly. And while the government has developed policies enabling Kenyans to seek employment abroad, it has been much slower to act to protect them once they are there, seemingly more interested in the remittances they send home rather than in their safety.

Concerns over the safety of workers, and especially the safety of domestic workers, in the Gulf and the Middle East in general are not new. In 2014, following the deaths of Kenyan workers and accusation of widespread abuses, the Kenya government suspended the export of workers to the region, revoking the licenses of 930 recruitment agencies involved in the trade. The ban was only rescinded in 2017 following the signing of bilateral labour agreements with Qatar and Saudi Arabia. However, the issues that had precipitated the ban, and the government inaction that had preceded it soon resurfaced.

At least 93 Kenyans died while working in the Middle East between 2019 and 2021, many of them in Saudi Arabia, the third largest source of remittances with Kenyans in that nation sending back KSh22.65 billion in the first eight months of 2022 alone. A study by the University of Chicago released in December 2021, whose findings reflect the experiences of Kenyans who had returned from the Gulf, found that “practically everyone heading to [Gulf Cooperation Council member states, Saudi Arabia, Bahrain, Kuwait, Oman, Qatar, United Arab Emirates]… would become a victim of forced labour at some point”. Over 98 percent of respondents claimed to have experienced some form of workplace abuse, or had been unable to leave an abusive employment situation. The abuses included physical violence, threats, restrictions on movement and communications, being forced to do something they did not want to do, denial of food and shelter, unfair and unsafe work environments, and deceptive contracts.

Parliament and other constitutional bodies have noted the absence of laws and regulations to secure the welfare of Kenyan labour migrants, and even recommended as recently as November last year, that labour migration to the Gulf be temporarily stopped until these are addressed. However, much of the focus has been on streamlining the system for recruitment and processing of migrants heading to the Gulf, rather than on fixing the conditions they face when they get there. For example, whilst the report of the Senate Standing Committee on Labour and Social Welfare, which visited the Middle East in April 2021, noted Kenya’s lack of a policy and a law to govern the migration process, its main thrust appears to be about reforms Kenya can make to make it easier for migrants to secure jobs. In its account of meetings with Saudi labour officials and employment agents, there is no mention of the deaths of Kenyans nor of the tribulations of those desperate to leave the Kingdom.

Still the committee recommended the immediate suspension of migration of domestic workers to Saudi Arabia until the Executive established the status of all domestic workers in Saudi Arabia and undertook a census of all Kenyans in Saudi prisons and detention centres with a view to their repatriation to Kenya. It also demanded the re-establishment of labour offices and safe houses in Jeddah and Riyadh, recognition of welfare associations in Saudi Arabia, and a review of the regulation of private employment agencies, including a minimum deposit to ensure swift repatriation of any domestic worker in distress.

Here there seems an implicit acceptance that Kenyans going to Saudi Arabia and elsewhere in the Gulf will be subjected to abuse and, rather than demand action from the governments in the region to stop it, the focus seems to be on mitigation. The aim seems to be enabling Kenyans navigate an abusive system rather than pressuring the Gulf states to end the abuses. Thus the report pushes for finalization of a labour migration policy and a Labour Migration Management Bill mooted in 2021, and notes that “labour migration to key labour destinations has been happening in the absence of formal agreement or MoUs. And where they exist, the agreements fall short of taking care of the interests of workers”. It stresses need to better regulate recruitment processes and recruitment agencies in Kenya, and to streamline pre-departure training for migrating workers as well as systems for their identification and registration on arrival. It also recommends improved linkages between relevant ministries in Kenya and those in destination countries. A September 2022 Report on Systemic Investigation into the Plight of Kenyan Migrant Domestic Workers in the Kingdom of Saudi Arabia, the Commission on Administrative Justice (the Ombudsman) came to similar conclusions.

The Kenya and Saudi Arabia Bilateral Labour Agreement on the recruitment of domestic workers was adopted in January 2016 and was meant to secure the interests of both domestic workers and employers. While Kenya was tasked with ensuring proper documentation and screening of departing workers, Saudi Arabia was to take measures to ensure that the welfare and rights of employers and domestic workers employed in Saudi Arabia are promoted and protected in accordance with the applicable laws, rules and regulations.

The Saudi government was also to ensure implementation of the employment contract, provide 24-hour assistance to the domestic worker; endeavour to facilitate the expeditious settlement of any contractual dispute arising and ensure that workers are permitted to remit savings derived from their wages.

However, going by the number of abuses and deaths, Kenyan domestic workers have not benefited from the agreement, despite the Ministries of Labour of both countries being designated as the implementing agencies.

In its analysis of the level of implementation of the Bilateral Labour Agreement, the Ombudsman found that the two governments have not implemented many of the provisions. For instance, nearly 7 years after the adoption of the Agreement, the Joint Technical Committee has yet to be constituted and as a result, the required annual meetings have not taken place. Moreover, although the Commissioner of Labour told the Ombudsman that a review had been initiated, it has not been completed as required by law.  

Within government, ministries have been passing the buck and it is unclear who between the Foreign Affairs and Labour ministries bears overall responsibility for the mess. The Ministry of Foreign Affairs has told Parliament that it had in July 2021 written to the Ministry of Labour recommending a temporary ban on the recruitment and export of domestic workers to Saudi Arabia and describing the situation as “dire”. However, the Labour Ministry rejected the advisory, with then Cabinet Secretary Simon Chelugui saying the local job market could not absorb all new workers.  Chelugui’s comments appeared to prioritise the remittances from the Middle East, which at the time stood at KSh120 billion, at the expense of Kenyans’ safety and welfare in the Gulf states. ‘

“We will address the mistreatment of our people because from the statistics we have, about three to four per cent of Kenyans working in those countries are affected. Over 104,000 Kenyans are working in those countries who are doing their jobs happily,” Chelugui said, adding that there are “many social-economic benefits we gather from this migration”.

On the other hand, the advisory from the Foreign Affairs Ministry is an admission of the failure to implement the Diaspora Policy launched in 2014 which recognizes the constitutional imperative for government to protect citizens abroad, and requires it to develop a registry of Kenyans outside the country as well as review the 2007 Labour Institutions Act and gazette rules regulating operations of private employment agencies.

And while the Commissioner of Labour claims to have begun be reviewing the bilateral labour agreements, the senate in November was scheduled to debate a motion demanding the Foreign Ministry conduct the review.

The new Cabinet Secretaries for Labour and Foreign Affairs have committed to ending the problem once and for all. Dr Alfred Mutua chose Saudi Arabia as his first overseas trip as Foreign Affairs Cabinet Secretary, but again suggested the problems facing Kenyan migrants start back home in Kenya. Following meetings with victims, agents, and Kenyan and Saudi officials, he blamed “massive corruption in the way Kenyans are prepared before they leave to be domestic workers in Saudi Arabia and follow up of Kenyans when they arrive”. According to him, the behaviour of Kenyan “cartels” and agencies was a major concern to everyone, “including the Government of Saudi Arabia”. There was no mention of the seeming lack of prosecutions of Saudi employers who have abused and murdered dozens of Kenyan workers, or compensation for their families. Instead he promised the yet-to-be-formed Joint Technical Committee would start its work on November 17 to fast-track “labour issues”.

The Ombudsman highlighted the creation of the Philippine Overseas Employment Administration by an amendment of the Migrant Workers and Overseas Filipinos Act of 1995 in a bid to improve the standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress. This is not to say that Filipinos do not face challenges in the Middle East; they do and in fact, in January 2018, former President Rodrigo Duterte threatened to ban labour migration to the Middle East.

However, the Filipino government has taken steps to engage directly with the governments in the Gulf region to protect its nationals. In May this year, Philippines Foreign Affairs Secretary Teodoro L. Locsin Jr lauded the labour reforms in Bahrain and Saudi Arabia that protect Filipinos and encouraged other countries to follow suit. According to Philippines News Agency, the country collaborated with Bahrain in 2018 to provide flexible pathways to migration, leading to the issuance of flexible visas that regularized more than a thousand undocumented Filipinos. The government also invested some US$1.5 million to purchase flexi-visas for over a thousand Filipino migrant workers.

The Sri Lankan government has, for its part, developed a framework for labour migration that is enshrined in the Sri Lanka Bureau of Foreign Employment Act, 1985. This was done through the creation of the Ministry of Foreign Employment Promotion and Welfare to articulate State Policy regarding Sri Lankan citizens employed in other countries.

However, any engagement with the Saudi and other Gulf governments must recognize that the abuse, rape and killing of Kenyan migrant workers is happening within their jurisdiction and largely with their acquiescence. Reforms to systems within Kenya that does nothing to address their failure to provide justice and redress, including domestic reforms to hold perpetrators to account, will not protect Kenyans travelling there. Especially given the desperation of Kenyans to secure jobs, and the legendary corruption of the state, it is likely that there will continue to be incentives for people to circumvent bans and sidestep regulations. Ultimately the problem is not in Kenya but in the Gulf where most of the abuse is allowed to take place within families and behind closed doors.

The impotence of the government was highlighted by former Labour CS Chelugui during his vetting to become Cooperatives minister: “It is an issue that has not satisfied us as a country. We’ve been told some of the victims were (. . .) in breach of the laws of that country, but we cannot confirm these explanations since I have no jurisdiction there,” he told the vetting committee after Deputy House Speaker Gladys Boss questioned why many migrant workers end up dead in Saudi Arabia. Appearing before the Labour Committee in November, his successor, Florence Bore, blamed “insufficient budget, lack of enabling legislation and inadequate labour personnel” for the failure to protect Kenyans working in the Middle East.

For his part, PS Kamau has termed Saudi traditions around housework “very ancient” and suggested that the problem was actually the Kenyan victims’ lack of subservience! The sentiment encapsulates the Kenya government’s reluctance to take on their Saudi counterparts. And Kenyans will continue to pay the price.

This article is part of a series on migration and displacement in and from Africa, co-produced by the Elephant and the Heinrich Boll Foundation’s African Migration Hub, which is housed at its new Horn of Africa Office in Nairobi.

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Eliud Kibii is a sub-editor with The Star newspaper and writes on international relations, security and electoral processes.

Politics

‘Crush and Grind Them Like Lice’: Harare Old Guard Feeling Threatened

With the launch of the Citizens Coalition for Change, Zimbabwe’s political landscape has undergone a significant shift, with a younger activist generation increasingly impatient with the unfulfilled promises of liberation.

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‘Crush and Grind Them Like Lice’: Harare Old Guard Feeling Threatened
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On the 26th of February 2022, Zimbabwe’s Vice President delivered a chilling threat to the opposition. In a speech the “retired” army general Constantino Chiwenga, the chief architect of the November of 2017 putsch that removed Robert Mugabe, threatened that the opposition will be “crushed and ground on a rock like lice”. The General claimed that the ruling party was a “Goliath”; the Biblical imagery of the diminutive David “slaying” the giant Goliath was entirely lost on the Vice President. Here are his words:

“Down with CCC. You see when you crush lice with a rock, you put it on a flat stone and then you grind it to the extent that even flies will not eat it… But we are as big as Goliath we will see it [the opposition] when the time comes”.

The following day violent mayhem broke out in Kwekwe, the very town where the fiery speech was made. By the time the chaos ended, the opposition reported that 16 of their supporters had been hospitalised and it was recorded that a young man was sadistically speared to death. The supporters of the ruling party had taken the threat to “crush” and “grind” the opposition seriously. Details emerged—from the police—that the suspects were from the ruling party and had tried to hide in a property owned by a former minister of intelligence.

The launch of the Citizens Coalition for Change (CCC) has galvanised the opposition. Going by the youthful excitement at the rallies, the violence flaring against its supporters, and the way the police has been clamping down on CCC rallies, the ruling elites have realised they face a serious political threat from what has been called the “yellow” movement.

Exit Mugabe and Tsvangirai: Shifts in opposition and ruling class politics

The death of opposition leader and former prime minister Morgan Tsvangirai in February 2018 came in the wake of the November 2017 coup and other significant political events that followed. The death was a big blow to the opposition; there had been no succession planning, which was rendered more complex by the existence of three vice presidents deputising Tsvangirai. The MDC Alliance succession debacle set in motion a tumultuous contest that splintered the opposition. Court applications followed, and the ruling elites took an active interest. When the court battles ended, the judiciary ensured a “win” for the faction favoured by the ruling class. That faction was formally recognised in parliament, given party assets and provided with financial resources by the Treasury that were meant for the opposition.

As for the ruling party, there has been a shift in the political contests along factional lines, accentuated following the death of Robert Gabriel Mugabe in September of 2019. There is high suspicion that the 2017 coup plotters (generals and commanders) now want their proverbial “pound of flesh”—the presidency. With the presidency as the bull fighter’s prize, the factions are now lining up either behind the president or the behind generals and this is cascading through the ruling party structures. The historical faction known as G40 (Generation 40) that hovered around the then first lady has been practically shut out of political power, with its anchors remaining holed up outside the country. Remnants of the G40 faction in Zimbabwe have been side-lined, with some of them subjected to the endless grind of court processes to ensure they keep their heads down.

Yet another element has emerged, that of a president who feels besieged and is re-building the party and executive positions in the image of his regional ethnic block, bringing into the matrix a potent powder keg waiting to explode in the future.

The ruling party has gone further to entice Morgan Tsvangirai’s political orphans in order to decimate the leadership ranks of the opposition. Patronage is generously dished out: an ambassadorial appointment here, a gender commissioner position there, a seat on the board of a state parastatal…, and so on. These appointments come with extreme state largesse—cars, drivers, state security, free fuel, housing, pensions and the list goes on. The patronage also includes lucrative gold mining claims and farms running into hundreds of acres that come with free agricultural inputs. The former opposition stalwarts must be “re-habilitated” by being taught “patriotism” at a Bolshevik-like ideological school and then paraded at rallies as defectors to ZANU-PF.

Yet another element has emerged, that of a president who feels besieged and is re-building the party and executive positions in the image of his regional ethnic block.

As these political shifts take place and the opposition divorces itself from the succession mess, there are also changes in Zimbabwe’s economy and this has a direct impact on the trajectory of politics in the country.

Transformed political economy: Informality, diaspora and agrarian change  

From about the end of the 1990s and stretching into the subsequent two decades up to 2022, Zimbabwe’s political economy has shifted significantly. Firstly, the fast-track land reform of the early 2000s altered land ownership from white settler “commercial” farmers to include more black people. The white-settler class power was removed as a factor in politics and in its place is a very unstable system of tenure for thousands of black farmers that have been married to the state for tenure security and stability.

Secondly, the follow-on effect of the land reform meant that Zimbabwe’s industrial base was altered, and this has resulted in a highly informalized economy or what others have called the “rubble”. An informal economy is now the new normal across the board for ordinary citizens and this has weakened organized labour as a voice in political contests. In 2020, the World Bank estimated extreme poverty at 49 per cent; this is infusing a sense of urgency for political change and is putting pressure on the political elites in Harare.

Thirdly, the exodus of Zimbabwe’s younger population into the diaspora has introduced another factor into the political matrix. According to official figures, the diaspora transferred about US$1.4 billion in 2021 alone, but this figure doesn’t capture remittances that are moved into Zimbabwe informally; the figure is much higher. The diaspora has actually used its cash to have a political voice, often via the opposition or independent “citizen initiatives”. It is proving to be a significant player in the political matrix to the extent that Nelson Chamisa has appointed a Secretary for Diaspora Affairs. For its part, the ruling party has blocked the diaspora vote.

Fourth, the national political economy has been “captured” by an unproductive crony class to the extent that researchers have estimated that as much as half of Zimbabwe’s GDP is being pilfered:

“It is estimated that Zimbabwe may lose up to half the value of its annual GDP of $21.4bn due to corrupt economic activity that, even if not directly the work of the cartels featured in the report, is the result of their suffocation of honest economic activity through collusion, price fixing and monopolies. Ironically, President Emmerson Mnangagwa, who has been a public critic of illicit financial transfers, is identified by the report as one of the cartel bosses whose patronage and protection keeps cartels operating.”

Fifthly, and often under-researched, is the substantial role of China across Zimbabwe’s political economy as Harare’s political elites have shifted to Beijing for a closer alliance. This has paid handsomely for China which has almost unrestrained access to Zimbabwe’s natural resources, and the political elites are “comrades in business” with—mostly—Chinese state corporations; China’s influence is pervasive and evident across the country. Put together, the factors above mean that the political economy structure has changed significantly and it is within this landscape that the Citizens Coalition for Change—dubbed the “yellow movement” — that has been launched by the opposition will have to operate and organise.

‘Yellow Movement’: Re-articulating the future beyond the ‘Harare Bubble’? 

Since its launch, the opposition movement has swept into the CCC’s ranks the younger demographic of activists together with some solid veterans who survived the brutal years of Robert Mugabe’s terror. Zimbabwe’s median age is reported to be about 18 years of age; if these young people can register, turn out to vote and defend their vote, there is a whirlwind coming for the old nationalists in Harare.

Some within the ruling party have noticed this reality, with a former minister and ruling party member stating that “Nelson Chamisa is gaining popularity because the ZANU PF old guard is fighting its own young men and women”. This admission is consistent with the words of Temba Mliswa, another “independent” member of parliament and a former leading activist in the ruling party, who stated that:

“The generational approach is like you trying to stop a wave of water with your open hands. You cannot ignore it. It’s a generational issue. You cannot ignore it. You need to look at it. You need to study it… There is no young person in ZANU PF who is as vibrant as Chamisa, who is as charismatic as Nelson Chamisa. Chamisa is going to go straight for ED (President Emmerson Mnangagwa)… There is no gate preventing this.’

These admissions are an indication that the CCC movement poses a serious threat to the ruling party. But beyond the contest of politics, of ideas, of policy platforms, the “yellow movement” will have to divorce itself from the “Harare Bubble”. The ruling nationalists polished a rigid centralised political system inherited from settler-colonialism, and have used this to build a crony network of robbery based in the capital city while impoverishing other regions. But they are not alone in this; even the opposition has often overlooked the fact that “all politics is local” and it has also created a “Harare Bubble” of yesterday’s heroes and gatekeepers who, armed with undynamic analyses, continue to cast their shadows into the arena long after their expiry date.

“Nelson Chamisa is gaining popularity because the ZANU PF old guard is fighting its own young men and women”.

The yellow movement will have to go local and divorce itself from the parochial legacy of previously progressive platforms that have now been cornered by an elite who have become careerist, corrupt, inward-looking and, like civil warlords, only loyal to imported 10-year-old whisky bottles and their kitambis—their visibly ballooning stomachs.

Yet there is no ignoring it; Zimbabwe’s youth have been emboldened by political change in Zambia and Malawi, and by the rise of younger leaders in South Africa. The winds are blowing heavily against the status quo. In the 2023 general election, the ruling nationalists will face a more tactful, daring and politically solid Nelson Chamisa who has strategically pushed back against “elite pacts”. Added to his eloquence, his speeches are getting more structured, substantially more polished, and he is projecting the CCC movement as a capable alternative government. With the indelible footprints of Morgan Tsvangirai in the background, the next general election, in 2023, will be an existential contest for Harare’s old nationalists—they are facing their Waterloo.

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Politics

The Dictatorship of the Church

From the enormously influential megachurches of Walter Magaya and Emmanuel Makandiwa to smaller ‘startups,’ the church in Zimbabwe has frightening, nearly despotic authority.

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The Dictatorship of the Church
Photo: Aaron Burden on Unsplash.
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In Zimbabwe, the most powerful dictatorship is not the Zimbabwe African National Union-Patriotic Front (ZANU-PF) party. Despite the party’s 40 year history of ruthlessly cracking down on opposition parties, sowing fear into the minds of the country’s political aspirants, despite the party’s overseeing of catastrophic policies such as the failed land reform, and despite the precarious position of the social landscape of the country today, neither former president Robert Mugabe, nor the current president Emmerson Mnangagwa, nor any of their associates pose as significant an existential threat to Zimbabweans as the most influential dictatorship at play in the country: the church.The church has frightening, near despotic authority which it uses to wield the balance of human rights within its palms. It wields authority from enormously influential megachurches like those of Walter Magaya and Emmanuel Makandiwa, to the smaller startup churches that operate from the depths of the highest-density suburbs of the metropolitan provinces of Bulawayo and Harare. Modern day totalitarian regimes brandish the power of the military over their subjects. In the same way, the church wields the threat of eternal damnation against those who fail to follow its commands. With the advent of the COVID-19 vaccine in 2020, for example, Emmanuel Makandiwa vocally declared that the vaccine was the biblical “mark of the beast.” In line with the promises of the book of Revelations, he declared that receiving it would damn one to eternal punishment.

Additionally, in just the same way that dictators stifle discourse through the control of the media, the church suppresses change by controlling the political landscape and making themselves indispensable stakeholders in electoral periods. The impact of this is enormous: since independence, there has been no meaningful political discourse on human rights questions. These questions include same-sex marriage and the right to access abortions as well as other reproductive health services. The church’s role in this situation has been to lead an onslaught of attacks on any institution, political or not, that dares to bring such questions for public consideration. But importantly, only through such consideration can policy substantively change. When people enter into conversation, they gain the opportunity to find middle grounds for their seemingly irreconcilable positions. Such middle-grounds may be the difference between life and death for many disadvantaged groups in Zimbabwe and across the world at large. The influence of the church impedes any attempt at locating this middle ground.

Additionally, because the church influences so many Zimbabweans, political actors do not dare oppose the church’s declarations. They fear being condemned and losing the support of their electorate. The church rarely faces criticism for its positions. It is not held accountable for the sentiments its leaders express by virtue of the veil of righteousness protecting it.

Furthermore, and uniquely so, the church serves the function of propping up the ZANU-PF party. The ZANU-PF mainly holds conservative ideals. These ideals align with those of the traditionalist Zimbabwean church. In short, the church in Zimbabwe stands as a hurdle to the crucial regime change necessary to bring the country to success. With a crucial election slated for the coming months, this hurdle looms more threatening than at any other time in the country’s history.

The impact of the church’s dictatorship on humans is immeasurable. Queer people, for example, are enormously vulnerable to violence and othering from their communities. They are also particularly vulnerable to sexually transmitted diseases and infections due to the absence of healthcare for them. The church meets the attempts of organizations such as the Gays and Lesbians of Zimbabwe to push for protection with cries that often devolve into scapegoating. These cries from the church reference moral decadence, a supposed decline in family values, and in the worst of cases, mental illness.

Similarly, the church meets civil society’s attempts at codifying and protecting sexual and reproductive rights with vehement disapproval. In 2021, for example, 22 civil society organizations petitioned Parliament to lower the consent age for accessing sexual and reproductive health servicesCritics of the petition described it as “deeply antithetical to the public morality of Zimbabwe” that is grounded in “good old cultural and Christian values.”

Reporting on its consultations with religious leaders, a Parliamentary Portfolio Committee tasked with considering this petition described Christianity as “the solution” to the problem posed by the petition. This Committee viewed the petition as a gateway to issues such as “child exploitation … rights without responsibility … and spiritual bondages.” The petition disappeared into the annals of parliamentary bureaucracy. A year later, the Constitutional Court unanimously voted to increase the age of consent to 18.

A more horrifying instance of this unholy alliance between the church and the state in Zimbabwe is a recently unearthed money laundering scheme that has occurred under the watchful eye of the government. Under the stewardship of self-proclaimed Prophet Uebert Angel, the Ambassador-at-Large for the Government of Zimbabwe, millions of dollars were laundered by the Zimbabwean government. Here, as revealed by Al Jazeera in a four-part docuseries, Ambassador Angel served as a middleman for the government, facilitating the laundering of millions of dollars and the smuggling of scores of refined gold bars to the United Arab Emirates. He did this using his plenipotentiary ambassadorial status to vault through loopholes in the government’s security systems.

Importantly, Prophet Angel was appointed in 2021 as part of a frenetic series of ambassadorial appointments. President Mnangagwa handed out these appointments to specifically high-profile church leaders known for their glamorous lifestyle and their preaching of the prosperity gospel. Through these appointments, Emmerson Mnangagwa’s government earned itself a permanent stamp of approval from the church and access to a multi-million member base of voting Christians in the country. Mnangagwa’s gained access to freedom from accountability arising from the power of the endorsements by “men-of-God,” one of whom’s prophetic realm includes predicting English Premier League (EPL) football scores and guessing the color of congregants’ undergarments.

In exchange, Prophet Angel has earned himself a decently large sum of money. He has also earned the same freedom from critique and accountability as Zimbabwe’s government. To date, there is no evidence of Angel ever having faced any consequences for his action. The most popular response is simple: the majority of the Christian community chooses either to defend him or to turn a blind eye to his sins. The Christian community’s response to Prophet Angel’s actions, and to the role of the church in abortion and LGBTQ discourse is predictable. The community also responds simply to similar instances when the church acts as a dialogical actor and absolves itself of accountability and critique

Amidst all this, it is easy to denounce the church as a failed actor. However, the church’s political presence has not been exclusively negative. The Catholic Commission for Justice and Peace, for example, was the first organization to formally acknowledge Gukurahundi, a genocide that happened between 1982 and 1987 and killed thousands of Ndebele people. The Commission did this through a detailed report documenting what it termed as disturbances in the western regions of the country. Doing so sparked essential conversations about accountability and culpability over this forgotten genocide in Zimbabwe.

Similarly, the Zimbabwe Bishops’ Justice and Peace Commission has been involved in data collection that is sparking discourse about violence and human rights abuses in Zimbabwe. In doing so, the Commission is challenging Zimbabweans to think more critically about what constructive politics can look like in the country. Such work is hugely instrumental in driving social justice work forward in the country. What uniquely identifies the church’s involvement in both of these issues, however, is that neither touches on matters of Christian dogma. Instead, the Commission responds to general questions about the future of both God and Zimbabwe’s people in ways that make it easy for the church to enter into conversation with a critical and informed lens.

The conclusion from this is simple: if Zimbabwe is to shift into more progressive, dialogical politics, the church’s role must change with it. It is unlikely that the church will ever be a wholly apolitical actor in any country. However, the political integration of the church into the politics of Zimbabwe must be a full one. It must be led by the enhanced accountability of Zimbabwean religious leaders. In the same way that other political actors are taken to task over their opinions, the church must be held accountable for its rhetoric in the political space.

A growing population has, thus far, been involved in driving this shift. Social media has taken on a central role in this. For example, social media platforms such as Twitter thoroughly criticized megachurch pastor Emmanuel Makandiwa for his sentiments regarding vaccinations. This and other factors led him to backtrack on his expressed views on inoculation. However, social media is not as available in rural areas. There, the influence of the religion is stronger than elsewhere in the country. Therefore investments must be made in educating people about the roles of the church and the confines of its authority. This will be instrumental in giving people the courage to cut against the very rough grain of religious dogma. Presently, few such educational opportunities exist. To spark this much-needed change, it will be useful to have incentivizing opportunities for dialogue in religious sects.

More than anything else, the people for whom and through whom the church exists must drive any shift in the church’s role. The people of Tunisia stripped President Zine El Abidine Ben Ali of his authority during the Jasmine Revolution of January 2011. The women of Iran continue to tear at the walls that surround the extremist Islamic Republic. In just the same way, the people of Zimbabwe have the power to disrobe the church of the veil of righteousness that protects it from criticism and accountability.

In anticipation of the upcoming election, the critical issues emerging necessitate this excoriation even more. This will open up political spaces for Zimbabweans to consider a wider pool of contentious issues when they take to the polls in a few months. Above all, the people of Zimbabwe must start viewing the church for what it is: an institution, just like any other, with vested interests in the country’s affairs. As with any other institution, we must begin to challenge, question, and criticize the church for its own good and for the good of the people of Zimbabwe.

This post is from a partnership between Africa Is a Country and The Elephant. We will be publishing a series of posts from their site once a week.

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Politics

Pattern of Life and Death: Camp Simba and the US War on Terror

The US has become addicted to private military contractors mainly because they provide “plausible deniability” in the so-called war on terror.

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Though it claimed the lives of three Americans, not 2,403, some liken the January 2020 al-Shabaab attack at Manda Bay, Kenya, to Pearl Harbour. The US would go on to unleash massive airstrikes against al-Shabaab in Somalia.

“We Americans hate being caught out,” a spy-plane pilot and contractor recently told me. “We should have killed them before they even planned it.”

Both the Manda Bay and Pearl Harbour attacks revealed the vulnerability of US personnel and forces. One brought the US into the Second World War. The other has brought Kenya into the global–and seemingly endless–War on Terror.

Months before launching the assault, members of the Al Qaeda-linked faction bivouacked in mangrove swamp and scrubland along this stretch of the northeast Kenyan coast. Unseen, they observed the base and Magagoni airfield. The airfield was poorly secured to begin with. They managed not to trip the sensors and made their way past the guard towers and the “kill zone” without being noticed.

At 5.20 a.m. on 5 January, pilots and contractors for L3Harris Technologies, which conducts airborne intelligence, surveillance and reconnaissance (ISR) for the Pentagon, were about to take off from the airfield in a Beechcraft King Air b350. The twin engine plane was laden with sensors, cameras, and other high tech video equipment. Seeing thermal images of what they thought were hyenas scurrying across the runway, the pilots eased back on the engines. By the time they realized that a force of committed, disciplined and well-armed al-Shabaab fighters had breached Magagoni’s perimeter, past the guard towers, it was too late.

Simultaneously, a mile away, other al-Shabaab fighters attacked Camp Simba, an annex to Manda Bay where US forces and contractors are housed. Al-Shabaab fired into the camp to distract personnel and delay the US response to the targeted attack at the airfield.

Back at the Magagoni airfield, al-Shabaab fighters launched a rocket-propelled grenade at the King Air. “They took it right in the schnauzer,” an aircraft mechanic at Camp Simba who survived the attack recently recalled to me. Hit in the nose, the plane burst into flames. Pilots Bruce Triplett, 64, and Dustin Harrison, 47, both contractors employed by L3Harris, died instantly. The L3Harris contractor working the surveillance and reconnaissance equipment aft managed to crawl out, badly burned.  US Army Specialist Henry J Mayfield, 23, who was in a truck clearing the tarmac, was also killed.

The attack on Camp Simba was not the first al-Shabaab action carried out in Kenya. But it was the first in the country to target US personnel. And it was wildly successful.

AFRICOM initially reported that six contractor-operated civilian aircraft had been damaged. However, drone footage released by al-Shabaab’s media wing showed that within a few minutes, the fighters had destroyed six surveillance aircraft, medical evacuation helicopters on the ground, several vehicles, and a fuel storage area. US and Kenyan forces engaged al-Shabaab for “several hours”.

Included in the destroyed aircraft was a secretive US Special Operations Command (SOCOM) military de Havilland Dash-8 twin-engine turboprop configured for intelligence, surveillance, and reconnaissance missions. A report released by United States Africa Command (AFRICOM) in March 2022 acknowledges that the attackers “achieved a degree of success in their plan.”

Teams working for another air-surveillance company survived the attack because their aircraft were in the air, preparing to land at Magagoni. Seeing what was happening on the ground, the crew diverted to Mombasa and subsequently to Entebbe, Uganda, where they stayed for months while Manda Bay underwent measures for force protection.

I had the chance to meet some of the contractors from that ISR flight. Occasionally, these guys—some call themselves paramilitary contractors—escape Camp Simba to hang out at various watering holes in and around Lamu, the coastal town where I live. On one recent afternoon, they commandeered a bar’s sound system, replacing Kenyan easy listening with boisterous Southern rock from the States.

Sweet home Alabama! 

An ISR operator and I struck up an acquaintance. Black-eyed, thickly built, he’s also a self-confessed borderline sociopath. My own guess would be more an on-the-spectrum disorder. Formerly an operator with Delta Force, he was a “door kicker” and would often—in counter-terror parlance—“fix and finish” terror suspects. Abundant ink on his solid arms immortalizes scenes of battle from Iraq and Afghanistan. In his fifties, with a puffy white beard, he’s now an ISR contractor, an “eye in the sky”. His workday is spent “finding and fixing” targets for the Pentagon.

Occasionally, these guys—some call themselves paramilitary contractors—escape Camp Simba to hang out at various watering holes in and around Lamu.

He tells me about his missions—ten hours in a King Air, most of that time above Somalia, draped over cameras and video equipment. He gathers sensitive data for “pattern of life” analysis. He tells me that on the morning of the attack he was in the King Air about to land at the Magagoni airstrip.

We talked about a lot of things but when I probed him about “pattern of life” intel, the ISR operator told me not a lot except that al-Shabaab had been observing Camp Simba and the airstrip for a pattern of life study.

What I could learn online is that a pattern of life study is the documentation of the habits of an individual subject or of the population of an area. Generally done without the consent of the subject, it is carried out for purposes including security, profit, scientific research, regular censuses, and traffic analysis. So, pattern-of-life analysis is a fancy term for spying on people en masse. Seemingly boring.

Less so as applied to the forever war on terror. The operator pointed out the irony of how the mile or so of scrubland between the base and the Indian Ocean coastline had been crawling with militant spies in the months preceding the attack at Camp Simba. Typically, the ISR specialist says, his job is to find an al-Shabaab suspect and study his daily behaviours—his “pattern of life.”

ISR and Pattern of Life are inextricably linked

King Airs perform specialized missions; the planes are equipped with cameras and communications equipment suitable for military surveillance. Radar systems gaze through foliage, rain, darkness, dust storms or atmospheric haze to provide real time, high quality tactical ground imagery anytime it is needed, day or night. What my operator acquaintance collects goes to the Pentagon where it is analysed to determine whether anything observed is “actionable”. In many instances, action that proceeds includes airstrikes. But as a private military contractor ISR operator cannot “pull the trigger”.

In the six weeks following the attack at Magagoni and Camp Simba, AFRICOM launched 13 airstrikes against al-Shabaab’s network. That was a high share of the total of 42 carried out in 2020.

Airstrikes spiked under the Trump administration, totalling more than 275 reported, compared with 60 over the eight years of the Barack Obama administration. It is no great mystery that the Manda Bay-Magagoni attack occurred during Trump’s time in office.

Typically, the ISR specialist says, his job is to find an al-Shabaab suspect and study his daily behaviours—his “pattern of life.”

Several al-Shabaab leaders behind the attack are believed to have been killed in such airstrikes. The US first launched airstrikes against al-Shabab in Somalia in 2007 and increased them in 2016, according to data collected and analysed by UK-based non-profit Airwars.

Controversy arises from the fact that, as precise as these strikes are thought to be, there are always civilian casualties.

“The US uses pattern of life, in part, to identify ways to reduce the risk of innocent civilian casualties (CIVCAS) (when/where are targets by themselves or with family) whereas obviously Shabaab does not distinguish as such and uses it for different purposes,” a Department of Defense official familiar with the matter of drone operations told me.

The Biden administration resumed airstrikes in Somalia in August 2021. AFRICOM claimed it killed 13 al-Shabaab militants and that no civilians were killed.

According to Secretary of State Anthony Blinken, Mustaf ‘Ato is a senior Amniyat official responsible for coordinating and conducting al-Shabaab attacks in Somalia and Kenya and has helped plan attacks on Kenyan targets and US military compounds in Kenya. It is not clear, however, if this target has been fixed and killed.

A few days after the second anniversary of the Manda Bay attack, the US offered a US$10 million bounty.

The American public know very little about private military contractors. Yet the US has become addicted to contractors mainly because they provide “plausible deniability”.  “Americans don’t care about contractors coming home in body bags,” says Sean McFate, a defense and national security analyst.

These airstrikes, targeted with the help of the operators and pilots in the King Airs flying out of Magagoni, would furnish a strong motive for al-Shabaab’s move on 5 January 2020.

The Pentagon carried out 15 air strikes in 2022 on the al-Qaeda-linked group, according to the Long War Journal tracker. Africom said the strikes killed at least 107 al-Shabaab fighters. There are no armed drones as such based at Camp Simba but armed gray-coloured single-engine Pilatus aircraft called Draco (Latin for “Dragon”) are sometimes used to kill targets in Somalia, a well-placed source told me.

The US has become addicted to contractors mainly because they provide “plausible deniability”.

The contractor I got to know somewhat brushes off the why of the attack. It is all too contextual for public consumption, and probably part of army indoctrination not to encourage meaningful discussion. He had, however, made the dry observation about the al-Shabaab affiliates out in the bush near the airfield, doing “pattern of life” reconnaissance.

The strike on Magagoni was closely timed and fully coordinated. And it appears that the primary aim was to take out ISR planes and their crews. It was private contractors, not US soldiers, in those planes. I pointed out to the operator that those targets would serve al-Shabaab’s aims both of vengeance and deterrence or prevention. His response: “Who cares why they attacked us? Al-Shabaab are booger-eaters.”

With that he cranks up the sound, singing along off-key:

And this bird, you cannot change

Lord help me, I can’t change….

Won’t you fly high, free bird, yeah.

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