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The American Uprising of 2020: Black Lives Matter Gains Traction

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The public execution of George Floyd sparked demonstrations across every state and in hundreds of cities and towns in the United States, quickly turning into the nation’s largest and most widespread protest movement against systemic racism since the 1960s.

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The American Uprising of 2020: Black Lives Matter Gains Traction
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History occasionally accelerates with unexpected speed as its slow, subterranean motions suddenly erupt into surges of change, sparked by an event whose ordinariness suddenly acquires an extraordinary potency out of a unique confluence of forces. The triggers of course vary, but there is a particular poignancy that comes with the incendiary intimacy of individual murders. Such killings strike a powerful emotional and cognitive chord in the human imagination in a way that mass murders may not, as their sheer scale congeals into mind-numbing abstractions.

The public execution of George Floyd, with its casual performance of suffocating and snuffing life out of the black body became a frightful spectral presence in the minds of tens of millions of people in the United States and around the world. It captured with terrifying clarity the utter depravity and degradation of a black life that validated the humanistic and historic demands of the Black Lives Matter movement.

The spontaneous demonstrations that erupted across every state and in hundreds of cities and towns in the United States — including some with small black populations and even among those infamous for harbouring white supremacy movements and militias — quickly turned into the nation’s largest and most widespread protest movement against systemic racism since the 1960s, and some claim in American history. It brought both the country and the shambolic Trump presidency to an inflection point.

The uprising over Floyd’s murder derived its fiery multiracial and multigenerational rage from the coronavirus pandemic that disproportionately devastated the lives and livelihoods of black and poor people. It tapped into the surplus time and energies of people seeking release from the isolating suffocations of anti-COVID-19 lockdowns. It also benefitted from the inept and provocative responses of racist politicians and police forces. Further, it was catalysed by the persistent struggles of longstanding activists and social movements.

Assassinations as Historical Inflections  

Assassinations have served to trigger major events throughout history. Think of the assassination of the Archduke Ferdinand of Austria, heir to the throne of the Austro-Hungarian Empire, on 28 June 1914 in Sarajevo. This event helped ignite World War I by prying open long-simmering nationalist and imperialist rivalries in Europe. The conflicts were engendered by, and coalesced around, rival alliances that catapulted the world into an unprecedented conflagration.

Archduke Franz Ferdinand of Austria

Archduke Franz Ferdinand of Austria / Photo. Österreichische Nationalbibliothek, Bildarchiv Austria, Inventarnr.

Think of the brutal lynching of 14 year-old Emmett Till in Mississippi on 28 August 1955 for allegedly whistling at a white woman. The photographs of his mutilated body served to galvanise the American civil rights movement by inflaming age-old grievances and agitation against systemic racism and white supremacy, and the country’s North-South divide, overlaid by the global reverberations of Cold War superpower rivalries and decolonisation struggles in Africa and Asia.

Think of the self-immolation of Mohamed Bouazizi, a young street vendor, on 17 December 2010, in protest against state repression and economic distress for young people. It provoked the Tunisian Revolution and the Arab Spring against the autocratic and corrupt ruling coalitions in North Africa, other parts of Africa, Asia and South America, adding fuel to the democratic wave unleashed by the end of the Cold War. Elsewhere in North America and Europe the Arab Spring inspired the Occupy movement.

However, the Arab Spring soon turned into the Arab Winter, pushed back by counter-revolutions comprising resurgent Islamism, the reinstatement of military rule in Egypt, descent into autocracy in Turkey, and ferocious civil wars in Libya, Syria, and Yemen. As for the victories of the civil rights movement in the US in the 1960s, they remained limited and provoked a racist backlash. The Republican Party embarked on the “Southern Strategy” of courting white racists, and systemic racism and white supremacy were propped up with new structural and ideological scaffolding. For its part, World War I led to the consolidation of colonialism in Africa and Asia, reaped the whirlwinds of fascism and Stalinism in Europe, and unleashed the spectre of economic devastation that culminated in the Great Depression.

In short, revolutionary moments generate complex and contradictory futures in which progress is often checkmated by reversals, underscoring the fact that history is a dialectical process. The racist backlash against Obama that led to Trump’s election seems to have succeeded in creating an anti-racist backlash.

The Floyd moment in which the Black Lives Matter movement is gaining traction in the US and around the world will not be an exception. Progress will be made in chipping away at some of the practices, symbols, and performances of anti-black racism, but the fundamental structures of white supremacy are likely to survive and mutate.

In the Shadows of 1968 

The American uprising of 2020 shares some parallels and connections to the uprising of 1968 following the assassination of the Rev. Martin Luther King. The script of 1968 remains — notwithstanding some progress — in so far as the protests sprang from the deep well of institutionalised racism, economic inequality, social despair, political disenfranchisement, and the dehumanising terrors of police brutality and constant denigration of blackness in the national imaginary.

Rev. Dr. Martin Luther King, Jr.

Rev. Dr. Martin Luther King, Jr.

The road to 2020 was paved with the legacies of 1968. As Peniel Joseph, a renowned African American historian writes in The Washington Post, “The flames that engulfed large portions of America during the 1960s helped to extinguish the promise of the Great Society by turning the War on Poverty into a dehumanizing war against poor black communities. America has, in the ensuing five decades, deployed state of the art technology to criminalize, surveil, arrest, incarcerate, segregate and punish black communities. Floyd’s death represents the culmination of these political and policy decisions to choose punishment over empathy, to fund prisons over education and housing and to promote fear of black bodies over racial justice”.

In short, revolutionary moments generate complex and contradictory futures in which progress is often checkmated by reversals, underscoring the fact that history is a dialectical process. The racist backlash against Obama that led to Trump’s election seems to have succeeded in creating an anti-racist backlash.

The America of King’s dream of racial equality and social justice not only remained deferred, but was actively sabotaged by the courts, politicians, and business. The landmark legislative achievements of the civil rights movements, the Civil Rights Act of 1964 and the Voting Rights Act of 1965 wilted as the prison industrial complex, deepening socioeconomic inequalities, and social despair among the poor, both black and white, exploded.

Since 1968, there have been periodic eruptions of protests, most memorably the 1992 Los Angeles uprising following the acquittal of four police officers charged with the widely publicised beating of Rodney King, and the 2014 uprising that began after the fatal shooting of Michael Brown in Ferguson, Missouri by a police officer. After each uprising, police, judicial and other reforms were announced, but they largely gathered dust as the protests faded into memory until the next eruption elsewhere.

Only history will tell if the 2020 uprising is different, a transformative watershed in the long history of protests against systemic racism and police brutality. Some are doubtful, others more hopeful. A sample of the divergent opinions can be found among two dozen experts convened by Politico magazine.

Those who doubt that the Floyd protests represent an inflection point worry about the challenges of sustaining the momentum of protest, dynamic grassroots organising and cohesive leadership and unity around a clear set of goals, as well as the powers of state suppression and repression in the reactionary name of “law and order”. Further, hyper-partisanship is more glaring today than ever, facilitated by political polarisation and media fragmentation that make reconciliation difficult.

Those who are more hopeful about the positive impact of the uprising point to the nationwide scale of the protests, the ubiquity of video images of police brutality, and the fact that the protests are occurring in the face of a pandemic and mass unemployment that have disproportionately ravaged people of colour. Moreover, the presence of an outrageously racist, divisive and authoritarian-minded president has increasingly alienated moderate whites.

Many believe the expansive geography of the protests portends its historical significance. In the 1960s, “most protests were held in major cities and on college campuses — and most Americans saw them on the television news”. The 2020 uprising is different. “National media focuses on the big demonstrations and protest policing in major cities, but they have not picked up on a different phenomenon that may have major long-term consequences for politics. Protests over racism and #BlackLivesMatter are spreading across the country — including in small towns with deeply conservative politics. Altogether, according to some counts, the Floyd protests occurred in 1,280 places.

The Floyd moment in which the Black Lives Matter movement is gaining traction in the US and around the world will not be an exception. Progress will be made in chipping away at some of the practices, symbols, and performances of anti-black racism, but the fundamental structures of white supremacy are likely to survive and mutate.

If current polls are to be believed to be harbingers of the future possibilities for transformation, according to The New York Times,support for Black Lives Matter increased by nearly as much as it had over the previous two years, according to data from Civiqs, an online survey research firm. By a 28-point margin, Civiqs finds that a majority of American voters support the movement, up from a 17-point margin before the most recent wave of protests began”.

The paper continues, “A Monmouth University poll found that 76 percent of Americans consider racism and discrimination a ‘big problem,’ up 26 points from 2015. The poll found that 57 percent of voters thought the anger behind the demonstrations was fully justified, while a further 21 percent called it somewhat justified. Polls show that a majority of Americans believe that the police are more likely to use deadly force against African-Americans, and that there’s a lot of discrimination against black Americans in society. Back in 2013, when Black Lives Matter began, a majority of voters disagreed with all of these statements”.

In short, the 2020 uprising seems to represent progress over 1968 in the scale of its multiracial composition and breadth of demands for racial justice. It suggests white America and other Americans of colour are coming to understand the depth and scope of unrelenting black pain under institutional racism and white supremacy. In the words of Alex Thompson in Politico, “The killing of George Floyd has prompted a reckoning with racism not only for Joe Biden, but for a wide swath of white America,” which he argues could reshape the 2020 elections.

However, given the history of the United States, doubts remain whether this moment represents a defining turning point. The road towards racial equality and justice will continue to be bumpy because what is at stake is the entire system of racial capitalism that reproduces white supremacy, not just its manifestations evident in heinous practices such as police brutality.

What is certain is that the terrain of American race relations is shifting. Floyd’s death has spearheaded the country’s largest and broadest anti-racist movement and made Black Lives Matter an acceptable slogan and not the dreaded and derided radical idea it once was. Behind the movement’s new-found traction lie six long years of tireless work by its activists.  

On the Trails of Slavery

The modern world was created by the triangular slave trade between Africa, Europe, and the Americas. These continents have been linked ever since by the historical geographies and political economies of exploitation and struggle. The US uprising inspired worldwide protests. This reflected the ubiquity of both America as a superpower with an outsize presence in the global imagination and almost universal anti-black racism born out of the Atlantic slave trade that created the modern world.

Stowage of the British slave ship Brookes under the regulated slave trade act of 1788.

Stowage of the British slave ship Brookes under the regulated slave trade act of 1788.

The protests tapped into growing recognition in many western countries that racism is a problem. According to The Economist, “The share of Americans who see racial discrimination in their country as a big problem has risen from 51% in January 2015 to 76% now. A YouGov poll last week found that 52% of Britons think British society is fairly or very racist, a big rise from similar polls in the past. In 2018, 77% of the French thought France needed to fight racism, up from 59% in 2002. Pew Research found last year that in most countries healthy majorities welcome racial diversity”.

The unprecedented scale of the protests in the US provoked confrontations between the obdurate and callous Trump administration and city mayors and state governors around the country. It produced iconic moments and images. Most graphically, in an act of political pornography and vandalism, there was the picture of Trump awkwardly holding a bible in front of a church after the National Guard had forcibly cleared peaceful demonstrators in Lafayette Square using teargas and rubber bullets. The mayor of Washington responded by painting and ceremonially naming two blocks of the street to the White House Black Lives Matter Plaza. The newly extended perimeter from the White House was turned into an exuberant makeshift exhibition of resistance art, posters, and graffiti.

The America of King’s dream of racial equality and social justice not only remained deferred, but was actively sabotaged by the courts, politicians, and business

Trump’s overreaction triggered a powerful backlash. Widely condemned for accompanying the president to his ill-fated photo-op, the Defense Secretary and Chief of Staff apologised. Several former military leaders expressed disgust and alarm. John Allen, former commander of the NATO International Security Assistance Force and U.S. Forces in Afghanistan, warned: “The slide of the United States into illiberalism may well have begun on June 1, 2020. Remember the date. It may well signal the beginning of the end of the American experiment”.

Other retired military leaders sought to depoliticise their beloved Pentagon from the clutches of the aspiring draft-dodging autocrat. They included John Mattis, who served as Trump’s own Defense Secretary, and Colin Powell, a former Chief of Staff and Secretary of State, who accused Trump of unprecedented divisiveness. The Pentagon promised to review the conduct of the National Guard against the protests. Former presidents Clinton, Bush, and Obama expressed their misgivings, and some Republican politicians nervously tried to distance themselves from a president who increasingly looked like a deranged dictator in the mold of the despots he clearly admires and envies.

Before long, anti-racist struggles and protests spread to countries with their own troubled histories of anti-black racism, from Canada to Brazil in the Americas, the former colonial powers of Europe, and the outposts of European settler colonialism in Australasia. Electrifying images were beamed on television stations and social media around the world. A sample can be seen in The Atlantic “Images from a Worldwide Protest Movement”.

In each country and city where the Floyd protests took place, parallels were drawn with local histories of anti-black racism, social injustice, exclusion and marginalisation. The demonstrations and marches were organized by local groups of the Black Lives Matter movement, political and civil society activists, and local groups that had long fought against all forms of exclusion and discrimination. The protests often took place in front of US embassies, national parliaments, public squares, as well as in front of detested statues and monuments to slavery, imperialism and colonialism, and along major thoroughfares.

American diplomats found it galling for the US to be the target of human rights protests around the world as the specious cocoon of democratic exceptionalism spectacularly burst. The New York Times observed, “Diplomats Struggle to Defend Democracy Abroad Amid Crises at Home . . . In private conversations and social media posts… [they] expressed outrage after the killing of George Floyd and President Trump’s push to send the military to quell demonstrations. Diplomats say that the violence has undercut their criticisms of foreign autocrats and called into question the moral authority the United States tries to project as it promotes democracy and demands civil liberties and freedoms across the world”.

The Americas harbour the largest population of the African diaspora mostly descended from enslaved Africans. While there have been some national differences in the constructions of racial identities, since the 16th century the black experience across the region has been uniformly exploitative and oppressive, characterised by slavery, institutionalised racism, exclusion, and police brutality.

Canada — which likes to see itself as the gentler face of North America — is no exception. The country has an ugly history of anti-black racism and genocidal brutality against the indigenous people. Not surprisingly, the uprising in the US resonated in all the country’s provinces and major cities from Halifax, Sydney and Yarmouth in Nova Scotia, where the black loyalists from the American War of Independence settled, to Fredericton, Moncton and Sackville in New Brunswick, St. John’s in Newfoundland, and several cities in Quebec including Montreal, Quebec City and Sherbrooke. Huge protests also took place across Ontario in such cities as Barrie, Hamilton, Kingston, Kitchener, London, Ottawa, Thunder Bay, Toronto, and Windsor, and in the western provinces of Alberta (Calgary, Edmonton, and Lethridge), British Columbia (Vancouver and Victoria and other cities), Manitoba (Winnipeg), and Saskatchewan (Saskatoon and Regina).

However, given the history of the United States, doubts remain whether this moment represents a defining turning point. The road towards racial equality and justice will continue to be bumpy because what is at stake is the entire system of racial capitalism that reproduces white supremacy, not just its manifestations evident in heinous practices such as police brutality.

Unknown to many people is the fact that Mexico has an African diaspora population and that racism is deeply entrenched despite the myths of mestizaje, or racial mixing. White Mexicans have dominated the country and marginalised the indigenous people and African descendants for centuries. Protests and vigils occurred in Guadalajara, Mexico City, and Xalapa. They spread to South America from Argentina (Buenos Aires) that whitened itself in the 19th century through a campaign of black extermination, to Brazil (Curitiba, Rio de Janeiro, São Paulo), the country with the largest African diaspora in the world and a horrible history of systemic racism despite the cruel myth of racial democracy, as well as Ecuador (Quito), and Colombia (Bogotá), another country with a massive African diaspora presence.

In the Caribbean, most of the islands have majority African descended populations. Historically, the region’s intellectual-activists played a crucial role in the development of Pan-Africanism. Migration from the region in the 19th and 20th centuries to South and North America and Europe has given its inhabitants intricate global connections so that developments in these regions reverberate with political immediacy. Protests took place in Bermuda, in Kingston, Jamaica, and in Port of Spain in Trinidad and Tobago.

The protests particularly resonated in Europe with its colonial histories, and failures to integrate recent waves of migrants and refugees from its imperial outposts in Africa and Asia. The black British journalist and academic, Gary Younge, brilliantly dissects the resonance of the American uprising. “Europe’s identification with black America, particularly during times of crisis, resistance and trauma, has a long and complex history. It is fuelled in no small part by traditions of internationalism and anti-racism on the European left, where the likes of Paul Robesson, Richard Wright and Audre Lorde would find an ideological – and, at times, literal – home”.

However, he continues, “this tradition of political identification with black America also leaves significant space for the European continent’s inferiority complex, as it seeks to shroud its relative military and economic weakness in relation to America with a moral confidence that conveniently ignores both its colonial past and its own racist present. From the vantage point of a continent that both resents and covets American power, and is in no position to do anything about it, African Americans represent to many Europeans a redemptive force: the living proof that the US is not all it claims to be, and that it could be so much greater than it is”.

Britain and France, the former colonial superpowers, became the epicenters of large protests in solidarity with the Black Lives Matter movement, and in pursuit of local anti-racism and social justice struggles. Predictably, right-wing politicians and the punditocracy dismissed the solidarity protests claiming, as British black historian, David Olusoga, noted, “The US situation is unique in both its depth and ferocity, they say, so that no parallels can be drawn with the situation in Britain. The smoke-and-mirrors aspect of this argument is that it attempts to focus attention solely on police violence, rather than the racism that inspired it”, which is prevalent in Britain and across Europe.

Olusoga notes that this argument has an old history going back to 1807 “with the abolition of the slave trade and picked up steam three decades later with the end of British slavery, twin events that marked the beginning of 200 years of moral posturing and historical amnesia”. In Britain, demonstrations broke out from May 28 and for the next two weeks roiled all the major cities including London, Liverpool, Manchester, Birmingham, Edinburgh, Brighton, Belfast, Oxford, Cardiff, Newcastle, Sheffield, Hastings, Glasgow, Coventry, Nottingham, Carlisle, Middlesbrough, and Wolverhampton. Some believed this marked a turning point in the UK as, in the words of The Guardian, “demands for racial justice now have a new and unstoppable urgency”.

France suffers from a pernicious tradition of colonial denial and amnesia, clothed in facetious fidelity to universal values, which it rationalised at the height of empire with the myth of assimilation. But the country has its own history of police brutality and killings of black people. It was rocked by unrest in Paris, Bordeaux, Lille, Lyon, Marseille, and Toulouse during which protesters invoked George Floyd and their own black martyrs to French racism.

The cities of other former colonial powers were not spared. In Belgium there were widespread protests in Brussels, Antwerp, Ghent, Hasselt, Leuven, Liège, and Ostend. Germany was another centre that saw demonstrations by thousands of people in more than two dozen cities including Berlin, Bonn, Cologne, Dresden, Düsseldorf, Frankfurt, Hamburg, Hannover, Leipzig, Munich, Nuremberg, and Stuttgart. Italy was engulfed by protests in two dozen cities including Bologna, Florence, Genoa, Milan, Naples, Palermo, Rome, Turin, and Verona. In Portugal, the last imperial power to be booted out of Africa, thousands of people marched in Lisbon and Porto. Spain, whose African colonial empire was the smallest, a dozen cities witnessed protests including Barcelona and Madrid.

Protests spread to other European countries that had been involved in establishing slave trading forts or colonial settlements across the western seaboard of the African continent. In Denmark, whose slave forts dot the coastline of modern Ghana, hundreds and thousands of people gathered and marched in Aalborg, Aarhus, Copenhagen and Odense. In the Netherlands, the country that gave South Africa its Afrikaner architects of apartheid, solidarity vigils and protests took place from June 1 for the next fortnight in several cities including Amsterdam, Breda, Eindhoven, Leeuwarden, Maastricht, Rotterdam, Utrecht, The Hague, and Tilburg. In Norway, a country that was unified with Denmark during the era of the slave trade, protesters marched in Bergen, Kristiansan, Oslo, and Tromsø.

Such has been the global reach of the uprising against racism and police brutality that other European countries were caught in the turbulence. In Vienna, Austria, more than 50,000 people marched on June 4. Large protests also took place in Sweden in the cities of Gothenburg, Malmö, and Stockholm, while in Switzerland they occurred in Basel, Geneva, Lausanne, and Zürich. Smaller protest marches also took place in Sofia in Bulgaria, Zagreb in Croatia, Nicosia in Cyprus, Prague in the Czech Republic, Helsinki in Finland, Athens and Thessaloniki in Greece, Budapest in Hungary, Reykjavík in Iceland, Cord, Dublin and Limerick in Ireland, Pristina in Kosovo, Vilnius in Lithuania, Luxembourg, Valletta in Malta, Podgorica in Montenegro, Kraków, Poznań and Warsaw in Poland, Bucharest in Romania, Belgrade in Serbia, and Bratislava in Slovakia.

Asia became another theater of Floyd protests although not on the scale of the Atlantic world except for Australia, a settler colony with a notorious history of systemic racism and police brutality against the indigenous people, and Asian and African immigrants. The protests in Brisbane and Sydney attracted tens of thousands of people, and sizable numbers took part in other Australian cities from Canberra, the capital, to Adelaide, Melbourne and Perth.

Hundreds, and in some cases thousands, of people protested in Japan (Tokyo and Osaka), Taiwan, Hong Kong, South Korea (Seoul), India (Kolkata), Pakistan (Karachi), Sri Lanka (Colombo), the Philippines (Quezon City), Thailand (Bangkok), Kazakhstan (Almaty and other cities), Armenia (Yerevan), Georgia (Tbilisi), Iran (Tehran), Israel (Tel Aviv, Jerusalem, and Haifa) — led by Israelis of African origin who face racism and disproportionate police arrests — Lebanon (Beirut), and Palestine (Bethlehem).

The protests in the United States and around the world focused on a broadly similar range of targets. First, law enforcement agencies that uphold the system of racial capitalism that marginalises and disempowers black people. Second, the symbols of white supremacy embodied in the public commemorations that honour the perpetrators of enslavement, colonisation, and plunder. Third, private institutions, organisations, and corporations that tolerate and reproduce racial inequalities.

Ironically, it was in Africa where protests over Floyd’s death were relatively muted. To be sure, there were some demonstrations often involving dozens or hundreds of people in several countries such as Ghana (Accra), Kenya (Nairobi), Liberia (Monrovia), Nigeria (Abuja), Senegal (Dakar), South Africa (Cape Town, Johannesburg, and Pretoria), Tunisia (Tunis), and Uganda (Kampala). More extensive and powerful expressions of solidarity were vented in petitions by activists, intellectuals, and artists (I participated in one called “We Cannot Remain Silent”), and especially on social media, according to Nana Osei-Opare writing in the Washington Post. This intriguing phenomenon reflects three complex factors.

First, in spite of Pan-Africanist rhetoric among African leaders and intellectuals, it reflects an enduring disconnect between Africans on the continent and in the diaspora. It is borne out of limited engagements that ordinarily would emanate through the educational system and other forms of positive mutual exposure. Instead, there is an overexposure to negative stereotypes in the media that often traffic Eurocentric constructs and tropes on both sides of the other’s “civilisational” lack. More deeply, the unknowing of the diaspora, the willful ignorance of its tribulations, elides Africa’s complicity in the very creation of the Atlantic diasporas through the slave trade.

Second, is the ambivalent postcolonial mindset rooted in the colonial denial of African humanity and historicity. It is a miscognition that simultaneously breeds resentment of the empire and craving of its prowess. This generates a strange desire to be embraced and absorbed into the empire’s imagined superiority and advancement enveloped in the whiteness that the colonised strives for but, like Sisyphus, is destined never to attain, thereby inducing a state of perpetual self-doubt and self-denial. This fosters both envy of the diaspora ensconced in the heart of empire and blindness to its plight, a slippery disposition that engenders a deficit of sympathy and often slides into blaming the victim.

Third, there is what I would call the shortage of surplus political capital for solidarity, the dispositions to accommodate transnational diaspora struggles. Surplus capital can be externalised for better or ill as evident in the impetus for new imperialism of the late 19th and early 20th centuries. Save for their elites, many African communities in their protean daily lives, now made infinitely worse by the coronavirus pandemic, are fettered by debilitating economic, political, and social conditions and perpetual struggles against often autocratic regimes or illiberal democracies whose law enforcement agencies have retained the deformities of colonial state violence and repression.

Reclaiming Public Memory 

The monuments that have become the focus of public protests, accompanied by demands for more accurate, holistic and inclusive historical representations, are part of the struggles for liberating highly sanitised and racialised public spaces and memories. The protesters seek to insert African-descended peoples and their invaluable contributions in the national and regional histories of Euroamerica.

The removal and desecration of racist monuments offer a powerful rebuke against the brazen glorification of imperial and colonial conquests, exploitation, and oppression. These acts of iconographic liberation strike at the willful production of ignorance and limited understanding about the unsavory histories that made Euroamerica through the educational system, popular histories, and films and television. They have been targeted for decades as offensive symbols and reminders of slavery and racial oppression.

The conversations forced by the assault on racist monuments provoke much-needed historical reckoning and accounting for the persistent racial inequalities, injustices, and hierarchies bequeathed by enslavement, colonialism, and empire. They help dismember contemporary constructions of belonging and citizenship, of who constitutes and can enjoy the rights of the social and political community of the nation-state in Europe and the settler societies of the Americas and Australasia.

In the US, the removal of the statues and symbols of the renegade losers of the civil war who fought to retain slavery has intensified and reached the hallowed halls of Congress. House Speaker Nancy Pelosi urged the removal of 11 statues representing Confederate leaders and soldiers, noting that the “statues pay homage to hate, not heritage”. The Pentagon announced its willingness to rename military bases associated with Confederate figures, a move that was endorsed by the Republican-controlled Senate despite Trump’s expressed opposition.

The scale of the task is huge as there are about 1,800 Confederate symbols across the US (776 of which are monuments), and only 141 (61 of them monuments) have been removed, and seven are pending removal. For their part, “the Navy and Marine Corps announced that they will ban the display of the Confederate flag at their facilities and events. Church symbols have not been exempt. The president of the Southern Baptist Convention “called for the retirement of a gavel that carries the name of a 19th-century Southern Baptist leader who was a slaveholder and led the convention in support of the Confederacy”. He proceeded to say “‘black lives matter’ six times in his presidential address”.

In Britain, protesters toppled the statues of slave traders including Edward Colston in Bristol, and Robert Milligan in London. City councils under the Labour Party led by the capital, London, announced their intention to set up commissions to review sculptures, buildings and street names associated with slavers, while Conservative councils came under increased pressure to do the same. Activists hoped the toppling of the public memorialisations of the symbols of slavery and colonialism would force the country to confront the sordid historical injustices that had shaped it.

Several institutions including hospitals and universities also began the process or conversations to remove historical figures associated with the slave trade. Calls intensified for the disposal of the notorious imperialist Cecil Rhodes, a campaign that began in 2016 on the heels of the RhodesMustFall campaign at the University of Cape Town, and racist icons of the British establishment such as Winston Churchill and Baden-Powell, founder of the Scouts movement. But Catherine Bennet cynically that, “As statues of slave traders are torn down, their heirs sit untouched in the Lords”.

In Belgium the statue of King Leopold II of Belgium, the architect of one of the worst genocides of the 20th century that decimated 10 million people in the Congo, was removed in Antwerp. In Spain debate was rekindled for the removal of the statue of Christopher Columbus in Barcelona — which some councilors had voted for in 2016 — for its glorification of the conquest of the Americas and for its replacement by a memorial of those who resisted imperialism and the oppression and segregation of the indigenous people and enslaved Africans and their descendants.

The removal of the statues of slave traders and imperialists in Europe is a homage to the unfinished project of decolonisation that began after World War II. The struggle over historical memory, constructions, and emblems is about the legacies of the past that disfigure the present and threaten to burden the future if reckoning and resolution continue to be postponed. The refusal to deal with the past and its stifling shadows on contemporary society is infantile and an ingrained part of the repertoire of anti-black racism in the Americas, Europe, and elsewhere. Removing statues is of course a symbolic act, but symbols matter. As Eusebius McKaiser reminds us, “We know from South Africa that toppling statues is no silver bullet – but it’s a start”.

Thus, at stake in the political and discursive struggles over the statues is collective public denial or willingness to reckon honestly with the complicated and messy histories and persistent legacies of slavery and empire, to dismantle false national mythologies and self-righteous delusions that breed shameless hypocrisies and perpetuate human rights abuses. Many of the contested statues were created decades or even centuries after the individuals or events their creators sought to glorify (in the US the Confederate monuments were created as part of the revisionist romanticisation of the “Lost Cause”). This underscores the fact that they were built to augment the arsenal of selective political constructs in the ignominious service of white supremacy.

Performative Activism  

The struggles to reclaim public spaces and historical memory from the accretion of generations of racist practices and ideologies is leading powerful institutions and individuals to embrace performative anti-racist activism that does not cost them much but serves to burnish their brands. The growing traction of the Black Lives Matter movement in public opinion has raised the opportunity costs of casual anti-black racism as a majority of Americans have increasingly come to believe that racism is a problem in the US.

This moment has ironically been facilitated by Trump’s presidency, which is characterised by unabashed racism, dizzying incompetence, authoritarian impulses, and perpetual chaos. Trump has succeeded in accelerating the erosion of the conservatism he was elected to protect from the country’s changing demographics and liberal drift. Thus, the Trump administration, which emerged out of a racist backlash against the Obama presidency, has helped both to reinforce and upend systemic racism and white supremacy.

Trump simultaneously brought racism out of the post-civil rights closet and made racism increasingly embarrassing to the so-called middle America of moderate whites and unacceptable to younger white Americans more exposed to multiracial experiences and expectations, not least because of the symbolic possibilities of the Obama presidency notwithstanding all its limitations. The national uprising has been remarkably multiracial, far more than the civil rights struggles of the 1950s and 1960s. It has been dominated by young people, as revolutionary moments tend to be.

Trump’s victory often obscures the fact that the shifts in racial attitudes began earlier. One observer contends that “For all the attention paid to the politics of the far right in the Trump era, the biggest shift in American politics is happening somewhere else entirely”, namely, in the move to the left of white liberals on questions of race, racism and other priorities of the Democratic coalition such as immigration reform. He calls it the “Great Awokening” that began with the 2014 protests in Ferguson. “Opinion leaders often miss the scale and recency of these changes because progressive elites have espoused racial liberalism for a long time”.

Black Lives Matter

Black Lives Matter

A poll published on 9 June 2020 found that “nearly two-thirds of Americans, including 57% of whites, are ‘very’ or ‘extremely’ concerned about systemic racism”. It is this shift in public opinion that makes performative support for anti-racism more imperative for more constituencies and actors in the public and private sphere, from corporations to the media, sports and academe. The New York Times puts it pithily, “From Cosmetics to NASCAR, Calls for Racial Justice Are Spreading. What started as a renewed push for police reform has now touched seemingly every aspect of American life”.

Racist behaviours and statements that would previously have been ignored increasingly threatened the careers and social standing of their perpetrators as the opprobrium for anti-black racism rose. It became a season of apologies from media personalities, sports figures, university professors, publishers, and film directors, for the offensive statements they had made in the past or following Floyd’s horrific killing.

The public imagination was especially captured by the apologies and the affirmations that Black Lives Matter by sports figures. The NFL Commissioner Roger Goodell stated, “We the National Football League, condemn racism and the systematic oppression of black people”. He went on to stress, “We, the National Football League, admit we were wrong for not listening to NFL players earlier and encourage all to speak out and peacefully protest”. Confronted by criticism that he did not mention Colin Kaepernick, a quarterback who popularised kneeling during the national anthem as a form of protest against police brutality, he later did so and appealed for Kaepernick’s reinstatement. NASCAR, especially popular among Southern whites, announced the banning at its events of Confederate flags — a despised symbol among African Americans — which it had discouraged since 2015 to no avail.

Apologies and protests spread to the rarefied white-dominated world of fashion as the editor-in-chief of American Vogue, Anna Wintour, apologised for publishing hurtful or intolerant stories and not hiring enough people of colour. The editor of the Philadelphia Inquirer resigned “after an article with the headline ‘Buildings Matter, Too,’ on the effects of civil unrest on the city’s buildings, led to a walkout by dozens of staff members”.

For their part, “more than 300 leading stage artists signed a letter decrying racial inequality in the world of ‘White American theater’”. Some musicians converted to the new anti-racist tune: “Lady Antebellum, the Grammy-winning country music trio behind one of the highest-selling country songs of all time, is dropping the “antebellum” from its name”, wrote The Washington Post. The cinematic arts also saw the light. Television shows, such as Cops, and films, such as Gone with the Wind, that glorify police violence and elide the brutalities of slavery, were terminated or removed from streaming. However, critics maintained that censoring old films and TV shows was not enough; what mattered was employing more people of colour in the industry.

Restiveness among technology companies also became evident. The announcement by IBM and Amazon that they were withdrawing their face recognition technology from use by police forces in racial profiling and mass surveillance was widely hailed in some quarters. In the meantime, “More than 200 Microsoft employees have signed a letter calling on the company to stop supplying software to law enforcement agencies; to support efforts to defund the Seattle Police Department; and to join a call for the mayor of Seattle, Jenny Durkan, to resign. The signers are a tiny fraction of Microsoft’s more than 140,000 employees. But the letter is another sign of increasing activism by employees at major technology companies on a range of political issues, which executives have been forced to address — if only to explain why they would not comply with workers’ requests”.

Performative anti-racist solidarity was also expressed in other countries, although to a more limited extent. In Britain, the tea-obsessed nation paid attention when “Top U.K. Tea Brands Urge #Solidaritea With Anti-Racism Protests”, to quote a headline from a story in The New York Times. The story noted that a series of tea companies doubled down following right-wing complaints about businesses’ support for Black Lives Matter.

Clearly, as silence on race increasingly ceased to be an option, American companies and institutions fell over each other to proclaim their support for Black Lives Matter. Anti-racism suddenly became a badge of honour for companies eager to burnish their brands under America’s emerging new normal. Corporate America proudly wore its newly acquired conscience on its malleable sleeves.

The bandwagon expanded by the day and encompassed every sector as noted in the following partial list. Automobile industry: BMW, General Motors, Lexus, Mercedes Benz, and Porsche. Banking and finance: American Express, Barclays Bank, Bank of America, Citigroup, Goldman Sachs, MasterCard, Wells Fargo. Delivery services: FedEx, and DHL. Film and Television: The Academy, Cartoon Network, DIRECTV, Disney, ESPN, HBO, Paramount Pictures, Nickelodeon, Fox, Hulu, IMAX, Netflix, Showtime, STARZ, Star Wars, Warner Bros, and YouTube. Gaming: Astro Gaming, GameSpot, Nintendo, PlayStation, Pokémon, XBox, Sony, Nintendo, EA, Ubisoft, Take-Two, Square Enix, Riot Games, Rockster Games, Bethesda, and Capcom.

Health and Insurance: MetLife, New York Life, UnitedHealth Group. Food and Beverages: Ben & Jerry’s, Burger King, Chipotle, Chick-fil-A, Doritos, Coca Cola, Pepsi Cola, Gatorade, Popeyes Chicken, McDonald’s, Pop Tarts, Red Lobster, Subway, Starbucks Taco Bell, and Wendy’s. Music and performance: Atlantic Records, Billboard, Capitol Records, Virgin Records, Warner Records, and Metropolitan Opera. Oil and gas: BP. Pharmaceuticals and pharmacies: Bauer, CVS, Merck, and Pfizer. Publishing: Condé Nast.

Retail and grocery stores: American Apparel, Adidas, Armani, Burberry, Foot Locker, Gap, H&M, Home Depot, Huckberry, IKEA, Lacoste, Levi’s, Nike, Nordstrom, Reebok, Proctor & Gamble, PUMA, Target, Vans, Versace, Zara, Lowe’s, Sephora, and Tesco. Sports: NASCAR, and NFL. Technology and e-commerce: Apple, Cisco, Dell, Dropbox, eBay, Facebook, Google, HP, Inivision, IBM, Intel, Lenovo, LinkedIn, McAfee, Microsoft, Mozilla, Qualcomm, Reddit, Snapchat, Salesforce, Shopify, Spotify, TikTok, Tinder, Tumblr, Twitter, and Zoom. Telecommunications: AT&T, Verizon, TMobile. Transport: Alaska Airlines, American Airlines, Lyft, and Uber.

The flood of corporate anti-racist statements was often accompanied by donations to venerable civil rights organisations such as the NAACP, Urban League, and National Action Network, and other groups fighting racial inequality. They also made vague promises to promote diversity and inclusion in their own companies without spelling out meaningful enforcement mechanisms. The donations tended to be largely token, but some were sizable. For example, SoftBank allocated of $100 million to invest in minority entrepreneurs, while “PayPal, Apple and YouTube collectively pledged $730 million to racial justice and equity efforts”. Estée Lauder, the cosmetics giant, raised its donation from $1 million to $5 million when its initial offer was derided by employees who compared it unfavorably to Mr. Lauder’s far more generous donations to Trump.

Many corporate executives saw the anti-racism cause as part of their corporate social responsibility, which for some amounted to political corporate social responsibility. In 2019, 181 US corporations signed a revised statement on the purpose of a corporation, issued by Business Roundtable. The corporate executives committed to lead their companies for the benefit of all stakeholders by “Delivering value to our customers”, “Investing in our employees”, “Dealing fairly and ethically with our suppliers”, “Supporting the communities in which we work”, and “Generating long-term value for shareholders”.

While welcoming pledges by corporations to engage in anti-discrimination efforts and programmes to support black businesses and communities, many black corporate leaders and civil rights activists remained skeptical as noted in a long article in The New York Times, entitled “Corporate America Has Failed Black America”. They emphasised the need to tie executive pay to diversity metrics, which a few companies such as Microsoft, Intel and Johnson & Johnson had embraced.

By and large, critics of corporate America were not impressed by its performative anti-racism. They bemoaned the glaring gap between its fluffy anti-racist rhetoric and the reality of entrenched racist practices in most American companies. Some of the advice given to companies by their cheerleaders exacted little cost. One corporate sympathiser urged them to expand their relationships with historically black colleges and universities, advertise more openly, create diverse interview panels at all levels, provide extensive sensitive training for all employees, and set the tone for inclusion at the top.

The Economist contended, “Good intentions of bosses aside, untangling the problem of race and corporate America requires addressing four questions. First, what is the evidence that blacks are disadvantaged in the workplace? Second, how much is business to blame rather than society as a whole? Third, do any such disadvantages impact how businesses perform? And finally, what if anything can business do to improve matters?”

Its answer to all four questions underscored the prevalence of systemic racism and black under-representation throughout American business. It concludes, “Experts recommend creating a diversity strategy specifically for black employees, implementing clear and consistent standards for promotion and securing a firm commitment from the top to overcome bias among middle managers . . . That points to the importance of metrics and measurement”.

The rhetorical anti-racist bandwagon grew with breathtaking speed that confounded many people. Unhinged white conservatives bemoaned the trend, redoubled their virulent attacks on the Black Lives Matter movement and denounced the protesters as rioters and even domestic terrorists. Anguished white liberals shed their silence and commiserated with each other about racism and inundated their black colleagues with outpourings of sympathy, support and queries, which some blacks welcomed and others disdained. The latter resented the added burden of cleansing white consciences.

For their part, African Americans seized this rare opportunity to be heard by the wider society, unleashing an avalanche of tales of painful and often harrowing experiences with racism in their daily lives which they often hide from their white colleagues. New social media tags were created, such as #BlackInTheIvory that has been deluged by stories of the marginalisation, isolation, devaluation, frustration, and hostility experienced by black academics. Sales of books on race and racism, many by black authors, skyrocketed. The uprising also inspired thousands of people in the US and around the world to create powerful art. From “street murals near the White House to editorial comics created near where Floyd died, artists are delivering political messages through often stark imagery”.

The battles over racism and the protests raged on social media, the public square of the digital age. They engulfed platforms often not in the public eye. For example, as reported by The New York Times, “Upper East Side Mom Group Implodes Over Accusations of Racism and Censorship. A large Facebook parenting group temporarily shut down after silencing black members. Now new groups for parents are forming that are explicitly anti-racist.”

Trouble in the Ivory Tower 

Colleges and universities were embroiled in the sprawling national crisis, although closures of campuses in response to the coronavirus pandemic saved them from protests on their own campuses and in university towns. Linda Ellis warns in The Chronicle of Higher Education (June 12, 2020) that, “For Colleges, Protests Over Racism May Put Everything On the Line”. She predicts the reckoning will come once colleges and universities reopen and as students return to campuses, already energised by the national uprising triggered by Floyd’s horrific killing.

Ivory Tower

Ivory Tower

Many universities issued statements expressing sympathy, pain, even support for Black Lives Matter. Predictably, the statements vary in length, depth and breadth. Many were formulaic and fluffy, written by communication departments afraid of antagonising powerful donors, state lawmakers, and alumni. They invoke the role of the university as a positive force in society, forgetting the fact that American universities and education in general have been integral to the production and reproduction of the structures and ideologies of systemic racism.

As numerous studies have shown, building on Craig Steven Wilder’s groundbreaking Ebony and Ivy: Race, Slavery, and the Troubled History of America’s Universities, many of the renowned Ivy League universities were founded by or with resources from slave owners and slave traders. Over the generations, the ideologies and practices of anti-black racism have been concocted, refined and sanctified in the academy. Black history, contributions, concerns, interests and experiences are routinely excluded and devalorised in the American academy.

The constant assaults and surveillance of racism in the white academy is for black students and faculty are draining and exhausting. Some succumb to the stresses of racial battle fatigue and become less productive and alienated from a vocation they had chosen with such passion and expectation. They become retired on the job in that they check out and go through the motions of their jobs. Others persist and become adept at concealing the pain, humiliation, and hostility they often face. However, professional progress offers no immunity. In fact, the higher one rises, the more one is surveilled in the fishbowl of systemic racism that permeates American academic cultures and institutions.

African American students and academics are grossly underrepresented in the prestigious universities, programmes, and fellowships, while black-centred knowledges are often filtered out from the holy grail of academic publications, journals, grants, and conferences. There are of course differences according to discipline and field. The situation in the sciences is particularly egregious.

On June 10 2020, almost 6,000 scientists and academicians participated in a one-day strike. The event was organised under various hashtags, including #Strike4BlackLives, #ShutDownStem and #ShutDownAcademia, by scientists who complained about pervasive racism in science. Besides classes, several leading scientific journals, such as NatureSciencePhysical Review Letters and arXiv, cancelled activities that day.

Protests spread to some academic journals and their editors. For example, after writing a tone-deaf tweet criticising the Black Lives Matter movement as “flat earthers”, an array of economists that included the former chair of the Federal Reserve, Janet Yellen, and Paul Krugman, a Nobel prize winner, called for the resignation of Harald Uhlig, the editor of Political Economy Review. In the US economics as a field is white male-dominated, which has led to the devaluation of research and publications by women and blacks and on gender and race.

I can relate to the challenges faced by African Americans in the academy. As a college dean and an academic vice president at predominantly white universities in California and Connecticut, respectively, I was subject to doubt and disrespect that none of my colleagues in similar positions experienced. As is all too common, I was the first black person to occupy those positions. Earlier in my career when I served as director of one of the largest centers for African Studies at a Research 1 university in the Midwest, I witnessed the exclusion of Africans and African Americans in the study of their own ancestral continent, Africa.

It became too much for me and, fortunately, I was able to flee to Kenya. I often commiserate with my friends and colleagues that I left behind, some of who have risen to higher positions as deans, provosts, and presidents. They continue to walk the fine line of racial discrimination and exclusion in the American academy. In the aftermath of the uprising many of them have courageously stepped up to denounce systemic racism and call for honest dialogue and real change on their own campuses and share their pernicious experiences with racism as black men and women.

Taming Law Enforcement  

A key demand of the protesters has been the urgent need to address systemic police brutality, racial bias, misconduct, and unaccountability. The evidence of racism in the criminal justice system is overwhelming as an exhaustive list of studies in The Washington Post shows. As if to prove the Black Lives Matter movement right, the police reacted to the demonstrators with excessive force and brutality that resulted in 11 deaths and nearly 10,000 arrests within a fortnight. This galvanised the protest movement even further. The public and elected leaders could no longer ignore police behaving as an invading army and the armour of police untouchability began to crack.

Black Lives Matter Protest in DC

Black Lives Matter Protest in DC. Photo/Unsplash

To be sure, there were occasional scenes of police officers kneeling in solidarity withthe protesters. Some African American police chiefs — who are always caught between their racial identity and police fraternity — shared their agonies, dilemmas, challenges, and frustrations in trying to change their departments from within and reconcile their personal and professional, private and public lives.

Police Departments across the country came under pressure to review their policies and practices as public agitation for comprehensive police reform mounted. City councils, state assemblies, and Congress were forced to begin enacting long-standing demands and legislation banning grievous repressive practices and promoting police reform. For some, more radical measures were needed, and they adopted the slogan “Defund the Police”. The Center for Community Change Action framed the much-needed restructuring in terms of redistribution for reconstruction, taking funds from law enforcement to improve health care, education, and other social services and opportunities in communities of colour.

In the House of Representatives, Democrats unveiled the Justice in Policing Act of 2020 whose provisions included requiring police to use body and dashboard cameras, restricting the transfer of military equipment to police, prohibiting chokeholds and unannounced raids through the issuance of no-knock warrants, enhancing police accountability by restricting the application of the qualified immunity doctrine that makes it difficult to prosecute law enforcement personnel, establishing a federal registry of police misconduct complaints and disciplinary actions, granting power to the Justice Department’s Civil Rights Division to issue subpoenas to police departments with a pattern and practice of bias or misconduct, and requiring state and local law enforcement agencies that receive federal funding to adopt anti-discrimination policies and training programmes.

Republicans were caught flat-footed. The New York Times noted that, “Having long fashioned themselves as the party of law and order, Republicans have been startled by the speed and extent to which public opinion has shifted under their feet in recent days after the killings of unarmed black Americans by the police and the protests that have followed. The abrupt turn has placed them on the defensive”. They charged the only black Republican Senator, Tim Scott, to draft their own bill on police reform.

On 17 June 2020, Republicans “unveiled a policing reform bill that would discourage, but not ban, tactics such as chokeholds and no-knock warrants, offering a competing approach to legislation being advanced by House Democrats that includes more directives from Washington. The Republican proposal, which Senate leaders said would be considered on the floor next week, veers away from mandating certain policing practices, as the Democratic plan does . . . Prospects for reaching common ground in the coming weeks remain unclear”. The stage was set for a legislative brawl between the two parties, whose outcome was unpredictable.

Under mounting pressure, President Trump had issued an executive order the previous day. He offered tepid “support for curtailing police abuses while reiterating a hard line on law and order”, reported The Wall Street Journal. The order “has three main components: establishing an independent credentialing process to spur departments to adopt the most modern use-of-force practices; creation of a data­base to track abusive officers that can be shared among different departments; and placing social service workers to accompany officers on nonviolent response calls to deal with issues such as drug addiction and homelessness. Chokeholds would be banned under the rec­ommended standards, Mr. Trump said, unless an officer’s life is at risk”.

Within two weeks of the national uprising following Floyd’s death, several states and cities had enacted legislation to reform the police services along some of the lines of the Democratic bill in Congress. The New York state assembly passed a bill allowing felony charges to be brought against police using chokehold or similar restraint, and for the release of disciplinary records of individual police officers, firefighters or corrections officers without their written consent. The governor ordered all police departments to develop and obtain approvals for reform plans by April 1 2021 in order to remain eligible for state funding, while the mayor of New York City announced plans to shift some funds from the police department’s $6 billion budget to other services.

Los Angeles cut funding by US$150 million from its police department. In Seattle, the mayor promised to invest US$100 million in the Seattle Black Commission for community-driven programmes for black youths and adults. The Minneapolis City Council voted overwhelmingly to abolish the police department. In Louisville, Kentucky, the City Council unanimously passed “Breonna’s Law” that banned the use of “no-knock” warrants, named after Breonna Taylor who was killed in her own home. In Washington DC the City Council also banned the use of tear gas, pepper spray, rubber bullets and stun grenades to disperse protesters.

Some critics maintain focusing on the police is not enough. In the words of Charles Blow, “But, these bills, if they pass as conceived, would basically punish the system’s soldiers without altering the system itself. These bills would make the officers the fall guy for their bad behaviour while doing little to condemn or even address the savagery and voraciousness of the system that required their service. This country has established a system of supreme inequity, with racial inequity being a primary form, and used the police to protect the wealth that the system generated for some and to control the outrages and outbursts of those opposed to it and oppressed by it. We need more than performative symbols of solidarity. We need more than narrow, chaste legislation”.

The slogan “Defund the Police” turned into a battle cry for the supporters and opponents of comprehensive police reform. For its proponents this is a demand for a fundamental reimagining and restructuring of American law enforcement from its roots in the systemic racism and white supremacy of slave patrols that evolved into the gendarmes of Jim Crow and subsequent crackdowns on black protests and the highly racialised “War on Drugs.”

The critics argue that the nearly US$100 billion spent on law enforcement could be used, to quote Paige Fernandez, the Policing Policy Advisor of the American Liberties Union, writing in Cosmopolitan, to fund “more helpful services like job training, counseling, and violence-prevention programs . . . Funneling so many resources into law enforcement instead of education, affordable housing, and accessible health care has caused significant harm to communities”.

The author reminds her readers that, “Much of the work police do is merely engage in the daily harassment of Black communities for minor crimes or crimes of poverty that shouldn’t be criminalized in the first place. Consider this: Out of the 10.3 million arrests made per year, only 5 percent are for the most serious offenses, including murder, rape, and aggravated assault. These are the ones that truly threaten public safety . . . That means that police spend the most resources going after minor incidents that actually don’t threaten everyday life but do lead to mass criminalisation and incarceration”.

The brutality of police forces escalated with their militarisation, a process that accelerated, writes Simon Tisdall in The Guardian, in response to “the 9/11 attacks, when George W Bush plunged the country into a state of perpetual war. Paradoxically, his ‘global war on terror’ intensified international and domestic insecurity. It sparked a huge, parallel expansion in the powers and reach of the homeland security apparatus. As Pentagon spending grew to a whopping $738bn this year, total police and prison budgets have also soared, reaching $194bn in 2017. About 18,000 law enforcement agencies employ 800,000 officers nationwide. Many are armed to the teeth”. In short, the crisis of policing in the US flows from the devil’s brew of entrenched racism, excessive militarism, xenophobic nationalism, and imperial decline.

Transforming Racial Capitalism

Many leaders and opinion makers in political, business, media, and academic circles promote legislative and policy solutions as antidotes to systemic racism. However, anti-black racism has persisted despite the enactment of a myriad of laws and policies since the 1960s. White supremacy and its pathological disdain for black people, black bodies, and black humanity emanates from deep cultural and cognitive spaces that lie beyond the reach of well-crafted legislation and policy pronouncements.

In short, the struggle to eradicate systemic racism and white supremacy has to transcend police reform and electoral politics. After all, racial bias, violence, and inequality have persisted under Republican and Democratic administrations alike, including Obama’s own, and under black leaders in state assemblies and black mayors in cities. Thus, for young African Americans who have grown up in cities and in a country with thousands of elected black officials compared to the 1960s, the promises of electoral politics do not carry the same transformative appeal.

Barack Obama

Barack Obama

As in Africa following decolonisation, achieving political representation, a worthy goal in itself, is inadequate for the herculean task of fundamentally changing the structures of economic and political power and systemic racism in the United States. The younger generations demand, and are seeking to build, a new black and national politics of accountability and transformation.

The complicity of Democratic presidents, senators, and congressmen and congresswomen in the construction of the prison-industrial complex since the 1980s is all too well known. President Clinton’s crime and welfare reform legislation fueled mass black incarceration and impoverishment. For his part, President Obama failed to meet the radical expectations placed on his administration in terms of reforming the criminal justice system, reducing economic inequalities, and curtailing the corporate power that engendered the Great Recession. Whereas Clinton passed draconian immigration law, Obama’s deportation of undocumented immigrants reached record levels.

Fundamental change requires a much broader and bolder vision and an expansive and inclusive politics. It has to transcend the paralysing dogmas of neo-liberalism and encompass transforming the multiple structural pillars and cultural dynamics of racial capitalism, as well as building new multiracial and class coalitions and alliances. There is no shortage of blueprints for a different future from America’s radical thinkers and activists committed to building a future envisaged in Martin Luther King’s dream of a “beloved community” based on the pillars of economic and social justice free from poverty, discrimination, and violence.

Danielle Allen suggests creating a new national compact that encompasses some of the following elements: expanding the House of Representatives, adopting ranked-choice voting, instituting universal voting and instant voter registration for all eligible Americans, establishing an expectation of national service by all Americans, limiting Supreme Court justices to 18-year terms, building civic media to counteract the challenges introduced by social media, finding honest ways to tell the nation’s story, and increasing “resources and resolve for community leadership, civic education and an American culture of shared commitment to constitutional democracy and one another”.

In the magazine, Harvard Gazette, a group of six of the university’s faculty members discuss “how best to convert the energy of this moment into meaningful and lasting change”. Some explicitly support or echo the demands of the Black Lives Matter movement. More specifically, they variously propose a serious reckoning of the foundational exclusions of African Americans and Native Americans; the pursuit of economic democracy; the need for a new Voting Rights act and a a Third Reconstruction involving “a fundamental reconsideration of our Constitution, systems, institutions, and practices to uphold human rights and ensure equal opportunity for all”. Centring black women in the struggle for collective liberation is imperative, and for the university itself “to move beyond the rhetoric of ‘diversity and inclusion’ and become anti-racist”.

Michele Alexander, the author of the influential book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, admonishes the nation in The New York Times. “America, This is Your Chance. We must get it right this time or risk losing our democracy forever”. She implores the country’s diverse citizens, “We must face our racial history and our racial present”, “We must reimagine justice” beyond tinkering with token or unsustainable fixes, “We must fight for economic justice” by transforming the economic system, and embracing one based on economic justice.

For some, economic justice also entails reparations, an issue that is gaining some traction. The reparations movement has a long history, but it has remained on the fringes of American intellectual and political discourse. An influential essay by Ta-Nehisi Coates, the African American writer who some regard as a successor to the great James Baldwin, “The Case for Reparations” published in The Atlantic in June 2014, brought the issue to the mainstream media. He argues powerfully, “Two hundred fifty years of slavery. Ninety years of Jim Crow. Sixty years of separate but equal. Thirty-five years of racist housing policy. Until we reckon with our compounding moral debts, America will never be whole”.

The data on what America owes African Americans is damning. In her book, The Color of Money, Mehrsa Baradaran offers a bleak assessment of the racial wealth gap and the limits of community self-help. She shows that in 1863 when the Emancipation Proclamation was signed, the black community owned 0.5 per cent of the country’s wealth. More than 150 years later this rose to a paltry 1 per cent! In a recent interview, she argues, America has repeatedly violated its promises of equal protection, equality and equality to African Americans. To quote her, “I teach contract law”, she states, “When you break a contract, you pay damages. We’ve broken the contract with Black America . . . We embedded racism into policy. And how do you get that out. How do you fix that? I think reparations is the only answer . . . And I think a process of reparations should involve truth and reconciliation. We have the funds. We saw this with the coronavirus. Over a weekend, the Fed infused trillions of dollars into the repo markets and into the economy. We don’t have limits of resources. We have limits of empathy and imagination”.

The need for white involvement in the anti-racist movement is well understood. No less critical is building strong multiracial alliances among America’s racial minorities, who collectively will in a couple of decades become the country’s majority. Each minority group has its own complex history and positioning in the country’s racial hierarchy and political economy. Particularly divisive has been the model minority myth applied to Asians, which some Asian Americans have embraced and internalised. It was constructed, and serves, to distance them from African Americans and Hispanic Americans.

Differentiation and distanciation from African Americans is the ritual of passage to Americanisation by every migrant group in the United States. Successive waves of Europeans from Irish, Italian, Slavic, and Jewish backgrounds were initially not considered white, but were eventually absorbed into whiteness, a process that often entailed socialisation into American racism. Asians, whose migration to the United States increased following changes in migration law due to the civil rights movement, have reveled in being called a model minority. Even immigrant Latin Americans and Africans seek dubious solace in their foreignness, in not being African American until they are brutalised by systemic racism and white supremacy. The 2020 uprising has brought a lot of soul searching for every racial group in the United States in terms of where they stand in the country’s enduring racial quagmire.

The national uprising has emboldened Asian American activists to call for solidarity with African Americans in struggles against systemic racism and white supremacy. Marina Fang notes, “George Floyd’s death has galvanized some Asian Americans to try to start conversations with their families about anti-Black racism” and build solidarity with Black communities. “Anti-Black racism in Asian communities is tied to the ‘model minority’ myth, which white political leaders, particularly in response to the civil rights movement in the 1960s, wielded in order to drive a wedge between Asian Americans and other people of color”.

Writing in The Washington Post, Prabal Gurung echoes the same sentiments, “It’s time for Asian Americans to shed the ‘model minority’ myth and stand for George Floyd”. He stresses, “Beyond simple divestment and rejection of our own trope, we must also actively combat anti-blackness — especially within the Asian community . . . To break from this cycle, we must begin by asking: Who benefits when minority groups fight each other or are apathetic to one another’s struggles? . . . It is time for us to stand in solidarity with black communities whose sacrifices led to the civil rights and privileges we benefit from”.

The Washington Post reported during the protests, “Many Asian Americans say they feel a need to show solidarity with black protesters . . . Asians have their own history of American discrimination from the Chinese Exclusion Act of 1882 to the internment of Japanese Americans during World War II to the slurs and boycotts Asian American restaurant and business owners have faced during the coronavirus pandemic”. One Asian American protestor “said his generation is well aware that the success Asians have achieved in the United States is owed directly to black protesters in the 1950s and 1960s and is built “on the backs of those black leaders of the civil rights movement”.

The uprising has also forced many whites to accept that silence is complicity and to confess their ignorance about the depths of American racism. David Axelrod, the chief strategist for President Obama’s campaigns and senior advisor in the Obama White House, puts it poignantly in The Washington Post, “I thought I understood issues of race. I was wrong”. He goes on to state, “Despite my work, I was too often oblivious — or at least inattentive — to the everyday mistreatment of people of color, including friends and colleagues, in ways large and small. Although I was reporting on the issues of police brutality and unequal justice as a journalist, I didn’t experience it. My kids didn’t experience it. And I never really engaged my black friends and colleagues about their own experiences. I never asked, so far as I can remember, about their own interactions with police or their fears for their children”.

It is worth quoting Axelrod’s conclusion: “A lot of white Americans thought they understood. But the underlying legacy of racism still remains. The laws that were passed were hard-won and important, but they didn’t eliminate deeply ingrained biases and layers of discriminatory practices and policies that mock the ideal of equality. The election of a black president was a watershed event in our history that struck at the heart of the racist creed. But it didn’t end racism. In fact, it provoked a backlash that empowered a racist demagogue and new policies meant to further embed structural barriers to full citizenship for black Americans”.

This is an example of what the philosopher, Charles W. Mills, my former colleague at the University of Illinois at Chicago calls, “white ignorance”. He defines it as a historically constructed group-based cognitive tendency and moral disposition of non-knowing, of motivated irrationality. It is a perversely deforming outlook causally linked to white normativity and white privilege, in which white perception and categorisation, social memory and social amnesia are privileged, and non-white experiences and racial group interests are derogated.

White ignorance, Mills insists, is not confined to whites and is global in so far as the modern world was created by European imperialism and colonialism. It is a foundational miscognition that permeates perceptions, conceptions and theorisations in descriptive, popular and scholarly discourses. In his book, States of Denial, Stanley Cohen calls it “denial”, the willful act of not wanting to know, wearing blinders, turning a blind eye, blocking out, and of evading and avoiding unpleasant realities and horrific atrocities by the perpetrators and by bystanders of repression.

An often ignored site for the anti-racist struggle is the role of organised labour. In the US trade unions have declined precipitously. In the last four decades union membership fell by half from 20.1 per cent of workers in 1983 (17.7 million) to 10.3 per cent in 2019 (14.6 million). This helped reduce the capacity of the working class to organise against capital in the first instance, and to build multiracial coalitions and mobilise against the economic, political, and social system of racial capitalism. Deprived or divorced from collective class organisation and struggle, working people have been demobilised by capital and the political class. To be sure, in the United States the configurations of capital, labour, and politics have always been fractionalised, not least by the sheer scale of the demographics and ideologies of race.

As I noted in my earlier studies on labour movements after World War II, American trade unions at home and abroad were notoriously racist. However, the assault against organised labour accelerated in the post-civil rights era, as race was weaponised to camouflage the devaluation of labour under neo-liberalism. The “Southern Strategy” started peeling away white workers from the Democratic coalition. The rise of the “Reagan Democrats” culminated in the capture of demoralised and deradicalised white workers by Trump’s unabashedly racist insurgency.

In short, the anti-racist movement must find a way of mobilising the white working class, of aligning class, race, and gender for progressive change. More immediately, the labour movement, as Dave Jamieson notes, “faces a reckoning over police unions”. He notes that “police unions make a small slice of the AFL-CIO, but progressive members are increasingly uncomfortable associating with them”. Angered by police brutality, some labour leaders have called for cutting ties with police unions, increasing their transparency and accountability, and curtailing their funding and political power over both the Republican and Democratic parties.

The importance of transracial solidarity for working people is essential because the struggle is not just against racism, or just against capitalism, living in splendid isolation from each other, but against both in their articulation as racial capitalism. Race, class, gender and other social inscriptions are not competitive but complimentary categories of social and political identity and practice. They constitute interlocking structural, political, and representational processes that under racial capitalism reflect and reproduce deformed institutions and pathological social relations. The African American scholar and public intellectual, Kimberlé Crenshaw, calls this intersectionality, which offers more nuanced and complex analyses of systemic racism and white supremacy than the binaries of race and class and the isolated categories of race, class, and gender.

The concept of racial capitalism captures the interlocking nature of the capitalist system, patriarchy, and white supremacy. As Michael Dawson succinctly argues, each of these three systems of domination have “their own internal logics, which include sources of resistance”.” This means that “victories against one system of domination have the potential, too often unrealized, to undermine the other”. In its development racial capitalism undergoes historical shifts as the regimes of articulation of its constituent parts change. The question that arises with the 2020 national uprising is the extent to which it has pried open the contradictions between the three systems of domination.

The concept of racial capitalism captures the interlocking nature of the capitalist system, patriarchy, and white supremacy. As Michael Dawson succinctly argues, each of these three systems of domination have “their own internal logics, which include sources of resistance

The modern world system was created in the transatlantic world, including in the United States, by racial capitalism through the genocide of the native peoples, enslavement of Africans, and settler colonialism. Racism and patriarchy were integral to the extraction of value by white capitalists from both black and white workers, whose class solidarity was always undercut by white supremacy. Since the onset of neo-liberalism following the end of the long post-war boom in the 1970s, the wages of whiteness have precipitously declined as evident in stagnant incomes, a shrinking middle class, and rising inequalities. The prolonged capitalistic crises of accumulation and legitimacy, exacerbated by the Great Recession, produced the mobilisation of disaffected white working and middle classes by the insurgencies of rightwing populism embodied by Trump in 2016 and by the forces for social justice represented by the 2020 national uprising.

Thus, what is at stake goes beyond the reform of America’s law enforcement agencies and performative anti-racism. It is about the transformation of racial capitalism. Given the enormous stakes involved, and the depth and breadth of the economic, political, social and racial structures of domination, the struggle will be long and hard indeed. But the 2020 uprising has opened new doors of possibility.

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Paul Tiyambe Zeleza is a Malawian historian, academic, literary critic, novelist, short-story writer and blogger.

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Kenya’s Elusive Digital Driving Licenses: Who Pays and Who Profits

Leaked documents from Belgian biometrics company point to inflated pricing and political influence in license contracts.

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Kenya’s Elusive Digital Driving Licenses: Who Pays and Who Profits
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Boniface Gikunda struggled to pay his bills even more than usual under Kenya’s COVID-19 restrictions. Some days, the professional driver went without a single customer call from the three driving app services that dominate Nairobi: Uber, Taxify, and Little Cab.

But what weighed heaviest on his mind was a government mandate that required him to get a new driving license by July 1. The digital license costs 3,000 Kenyan shillings (around US$30), double the previous fee and, according to this investigation, potentially double the cost of production.

“Three thousand shillings for a Kenyan like me?” Gikunda asked rhetorically. “It’s just ridiculous for a normal driver.”

He estimates that in ordinary times, after covering the fees he pays to the driving apps and the car’s owner, plus expenses like fuel and parking, he takes home roughly KSh 500 to 800 a day. The cost of the new license could cover a week of food for him, his wife, and their son, who live in a small one-bedroom home on the outskirts of Nairobi. In his native Meru County, near Mount Kenya, the fee could cover three months of rent.

“We survive by the grace of God,” Gikunda told reporters.

To afford the license, he said he is considering borrowing money from Kenya Commercial Bank (KCB), despite its personal loan interest rate of 13 percent. “At that point,” he said, “you’re desperate.”

A draft agreement between Semlex and the government includes a requirement to make conversion to digital driving licenses mandatory. Credit: OCCRP

A draft agreement between Semlex and the government includes a requirement to make conversion to digital driving licenses mandatory. Credit: OCCRP

Gikunda didn’t know that part of the money for his license fee is also likely going to KCB. Last year, the bank bought the National Bank of Kenya (NBK), which unexpectedly won the latest government tender to produce digital driving licenses.

The Kenyan government has been attempting to roll out the new licence for over a decade. A similar tender was previously awarded to Semlex Group, a Belgian biometric solutions firm, in 2008. That contract fell apart due to political wrangling.

Semlex Group’s central office in Brussels’ wealthy Uccle district. Credit: OCCRP

Semlex Group’s central office in Brussels’ wealthy Uccle district. Credit: OCCRP

A trove of leaked Semlex emails and documents analysed by Africa Uncensored, The Elephant, and OCCRP shed light on the politicised procurement process behind the digital driving license tender. The documents reveal how the individuals involved in the contract planned to personally make millions of dollars — including Semlex CEO Albert Karaziwan, his Kenyan broker Mujtaba Jaffer, and unidentified consultants — at the expense of ordinary Kenyans. Moreover, internal deliberations regarding production costs and profits indicate the price of the current digital driving license may be significantly inflated.

Reporters did not find evidence of illegal activity.

The Brokers

Semlex Group was no stranger to Africa when it set its sights on Kenya.

Semlex’s partners managed to get a two-week extension from the Ministry of Transport, giving the company time to apply. “Just shows how personal contact can make this happen,” wrote an employee of Datacard, a U.S.-company now called Entrust Datacard. A spokesperson for the company told OCCRP that the individual involved is no longer with the company, which “strives to act with integrity in everything we do.” Credit: OCCRP

Semlex’s partners managed to get a two-week extension from the Ministry of Transport, giving the company time to apply. “Just shows how personal contact can make this happen,” wrote an employee of Datacard, a U.S.-company now called Entrust Datacard. A spokesperson for the company told OCCRP that the individual involved is no longer with the company, which “strives to act with integrity in everything we do.” Credit: OCCRP

The Belgium-based company had already won tenders to provide biometric products in the Comoros Islands, Guinea-Bissau and Madagascar, by making friends in high places. So, when it came to bidding for the contract to produce Kenya’s new digital driving licenses in 2008, Semlex CEO Albert Karaziwan made sure he had his local brokers in place from the start.

Semlex and local partner CompuLynx were issued a letter of intent by the Ministry of Transport in December 2008. “Successful news today! We were ranked ahead in the technical valuation categories and came in lower on cost,” M'Mbijjewe wrote in an email to the partners a day before MOT issued the official letter. “A good way to begin Christmas,” she added. Credit: OCCRP

Semlex and local partner CompuLynx were issued a letter of intent by the Ministry of Transport in December 2008. “Successful news today! We were ranked ahead in the technical valuation categories and came in lower on cost,” M’Mbijjewe wrote in an email to the partners a day before MOT issued the official letter. “A good way to begin Christmas,” she added.
Credit: OCCRP

One of them was Sheila M’Mbijjewe, then a Central Bank of Kenya committee official and now the state bank’s deputy governor. At the same time she was also a director in two obscure Kenyan companies owned by the powerful Mombasa-based tycoon, Mohamed Jaffer, and his son Mujtaba Jaffer.

M’Mbijjewe was an effective fixer and coordinator, who appeared to work through unnamed connections in the Ministry of Transport to ensure that the ministry’s driving license tender was awarded to Semlex. Then Mujtaba Jaffer took a leading role as the broker between Kenyan officials and the Belgian company, emails indicate.

In addition to M’Mbijjewe, other Kenyan brokers involved in the tender were also directors in the Jaffers’ nominee companies, Computer Source Point Ltd. and Infocard Africa Ltd:

  • Brown Ondego, who was previously the head of Kenya Ports Authority and at the time executive chairman of the controversial Rift Valley Railways consortium. He is listed as a director of two other Jaffer companies, Grain Bulk Handlers Limited and African Gas and Oil Ltd.
  • Kung’u Gatabaki, a corporate director who appears on the board of over a dozen companies owned by the late politician Njenga Karume. Soon after the Semlex tender he became chairman of the powerful Capital Markets Authority. Gatabaki is still listed as marketing director at Grain Bulk Handlers Limited, though he told reporters he is retired and keeping a low profile.
  • Sailesh Savani, the CEO of CompuLynx, Semlex’s technical partner on the tender. Savani was also on the board of the supermarket chain Nakumatt as well as the Kenya Bureau of Standards technical committee.

M’Mbijjewe, Ondego, Gatabaki and Savani did not respond to multiple requests for comment. Mujtaba Jaffer said Computer Source Point and Infocard Africa are no longer active.

Njenga Karume’s book details how he built his business empire while serving in public office. The businesses span the hospitality, real estate, land, and agriculture industries and, at the time of his death in 2012, were worth hundreds of millions of dollars. The former minister and member of parliament was part of the inner circle of every Kenyan president since the country’s independence. Credit: OCCRP

Njenga Karume’s book details how he built his business empire while serving in public office. The businesses span the hospitality, real estate, land, and agriculture industries and, at the time of his death in 2012, were worth hundreds of millions of dollars. The former minister and member of parliament was part of the inner circle of every Kenyan president since the country’s independence. Credit: OCCRP

In one email, Jaffer  — who regularly referred to the Semlex CEO as “brother” — referenced a late-night meeting with the Minister of Transport. In another, he gave Njenga Karume, one of Kenya’s longest-serving and most influential former MPs, his “blessing” to make decisions on his behalf about the contract.

Jaffer told Africa Uncensored that the powerful politician was “an acquaintance of the family,” and denied any improper influence in the procurement process.

“I cannot recall every meeting as some time has elapsed since these events but I can confirm that any meeting with state officials would have centred around technical consultations,” he wrote in an email.

All of the communications between the Kenyan brokers and the Belgian firm went through Grain Bulk Handlers Limited, the Jaffers’ flagship company known for its decades-long monopoly over Kenya’s bulk grain imports, allegedly with the assistance of friendly politicians. Another family company, African Gas and Oil Ltd. (AGOL), reportedly handles and stores three-quarters of the country’s Light Petroleum Gas imports.

Jaffer said the media’s characterization of his family as political financiers who benefit from lucrative government contracts in return is unfair. “We have not openly come out backing any political party or candidate. On the contrary our business concerns have been vital to the Kenyan economy and the ordinary mwananchi [citizen],” he wrote in an email.

Diplomat East Africa magazine ran a special report on Grain Bulk Handlers Ltd. celebrating the company’s 10th anniversary in 2010. The issue included a transcript of a speech by Mohamed Jaffer made at “a glittering event” reportedly attended by then-Prime Minister Raila Odinga, cabinet ministers, members of parliament, and industry leaders. In the opening of his speech, Jaffer singled out two guests by name: Odinga and “my dear friend the Hon. Njenga Karume.” Credit: Diplomat East Africa

Diplomat East Africa magazine ran a special report on Grain Bulk Handlers Ltd. celebrating the company’s 10th anniversary in 2010. The issue included a transcript of a speech by Mohamed Jaffer made at “a glittering event” reportedly attended by then-Prime Minister Raila Odinga, cabinet ministers, members of parliament, and industry leaders. In the opening of his speech, Jaffer singled out two guests by name: Odinga and “my dear friend the Hon. Njenga Karume.”
Credit: Diplomat East Africa

With Grain Bulk’s guidance, Semlex CEO Albert Karaziwan sent letters to Kenyan officials complaining of delays. Credit: OCCRP

With Grain Bulk’s guidance, Semlex CEO Albert Karaziwan sent letters to Kenyan officials complaining of delays.
Credit: OCCRP

When the Semlex driving license contract was derailed by an apparent rivalry between officials at the Ministry of Transport and the Ministry of Finance, it was Jaffer’s company that drafted a letter to then Prime Minister, Raila Odinga, for Semlex to send. At the time, the Finance Ministry, which refused to co-sign the contract, was headed by Odinga’s main political rival, the current President Uhuru Kenyatta.

This time, Semlex’s political connections weren’t enough. Internal documents show numerous attempts to force the Finance Ministry to add their signature to the contract, to no avail.

Semlex’s contract fell apart when the Ministry of Finance refused to sign

Semlex’s contract fell apart when the Ministry of Finance refused to sign


Media stories cited a mysterious dispute between the ministries of Transport and Finance. A 2010 article in Daily Nation framed the conflict as a struggle over which agency would run the lucrative contract. Credit: OCCRP

Media stories cited a mysterious dispute between the ministries of Transport and Finance. A 2010 article in Daily Nation framed the conflict as a struggle over which agency would run the lucrative contract. Credit: OCCRP

The Semlex consortium sued the Ministry of Transport for breach of contract in 2012, but the government argued that the contract was never finalised.

That year, the responsibility for issuing driving licenses was handed over to the newly-formed National Transport and Safety Authority. Kenyatta was elected president in 2013, and the tender was relisted through NTSA the following year.

The Breakdown

Leaked internal documents reveal the gap between what the biometrics company and its brokers expected to earn, well above the KSh 2.8 billion ($35 million) awarded by the government.

Documents show the company expected to produce 2.5 to 3 million digital driving licenses over five years, at a 15 percent profit. This means the cost of production for each driving license, profits included, would amount to $11-14 — less than half the fee being charged to drivers like Gikunda today.

Screenshot of an internal Semlex document in preparation for the bid. Credit: OCCRP

Screenshot of an internal Semlex document in preparation for the bid.
Credit: OCCRP

Despite this breakdown, a draft agreement between Semlex and the Ministry of Transport states the company actually expected to collect $20 for each card. With 2.5 to 3 million licenses issued, Semlex would have collected $50-60 million.

The same agreement states that Semlex would reimburse the government anything above $20 per card. With today’s licence fee — the Ministry of Transport would have collected $25-30 million from the arrangement.

But an internal profit-sharing agreement drafted in January 2009 revealed even higher expectations. It stated that the “actual costs” of the project would not exceed $17 million, and earmarked an additional $4.4 million for unnamed “consultants.” According to the agreement, Semlex CEO Karaziwan and Grain Bulk CEO Jaffer would split the remaining profit which, from the government award alone, would amount to $6.8 million each. The agreement stipulated that they would also split “any additional bonuses.”

A draft profit-sharing agreement indicated that “actual costs” would be kept to $17 million. Credit: OCCRP

A draft profit-sharing agreement indicated that “actual costs” would be kept to $17 million. Credit: OCCRP

The unexplained consultant fee is so substantial that a transparency expert who reviewed the terms of the deal, but requested not to be named, said it could have “no conceivable” legitimate justification.

Semlex did not respond to requests for comment, and Jaffer denied that the payment was allocated for kickbacks. He declined to provide an explanation, however, saying he was “bound by confidentiality not to discuss certain matters.”

A draft profit-sharing agreement listed $4.4 million to be paid to unidentified consultants upon demand. Credit: OCCRP

A draft profit-sharing agreement listed $4.4 million to be paid to unidentified consultants upon demand. Credit: OCCRP

“Companies like Semlex that have been implicated in corruption around Africa work in deniable ways, through consultancy fees that cannot be explained and the like,” said Alvin Mosioma, head of Tax Justice Network Africa.

“The narrative of corruption reduces actions to individuals but the reality is that the entire government policy machinery has been captured by corrupt elites in collusion with private entities who see the public purse as the most lucrative avenue to loot and plunder. In Kenya, the network of corruptivity revolves around these ‘tenderprenuers’,” Mosioma added.

The New Players

The selection of the National Bank of Kenya as the winner of the NTSA’s re-listed digital driving licence tender in 2015 was unexpected, especially when its competitors included international biometric giants.

Even before the NTSA announced the winner, the bank’s selection as a finalist was challenged on the basis that it was both the bidder and its own financial guarantor, in potential violation of Kenya’s procurement regulations. The Commercial Bank of Africa — co-owned by President Kenyatta and his family — stepped in to guarantee the NBK bid and secure its contract.

Image of a court document identifying the tender finalists’ scores. Credit: OCCRP

Image of a court document identifying the tender finalists’ scores. Credit: OCCRP

There were questions about the bank’s qualifications to produce biometric documents, as well as its reputation. NBK was infamous for using taxpayer money to make up for unpaid loans handed out under shady circumstances. Regulators also cited the bank’s board members and senior managers for allegedly misrepresenting financial statements and embezzling funds.

NBK’s technical partner — a little-known startup called Pesa Print Ltd. — also had no experience in producing biometric documents. The company was started by two obscure Kenyan firms: EyeSeeYou Communications and Kenya Twelve Ventures.

Two individuals who appeared on EyeSeeYou registration documents had also worked for Njenga Karume, the late politician who appeared in the Semlex deal. According to the founders, EyeSeeYou and Pesa Print parted ways around the time of the driving license contract was won. The owner of both Kenya Twelve Ventures and Pesa Print, David Njane Ruiyi, said the contract was won competitively.

The finalists that NBK had beat out included the previous winner Semlex, French biometrics company Gemalto S.A., and the established Kenyan ICT provider Symphony Technologies, which lost to NBK by less than one percent.

Njane, Pesa Print’s co-owner, told Africa Uncensored that NBK’s qualifications came from the entire consortium, which included two European companies with technical expertise: X Infotech, headquartered in Latvia, and Austria Card, based in Vienna. Both companies cited Pesa Print as the primary contractor in the consortium.

Presa Print’s current office in Nairobi today. Credit: John-Allan Namu

Pesa Print’s current office in Nairobi today. Credit: John-Allan Namu

When NBK’s competitor, Symphony Technologies, launched a legal complaint against the government’s selection of the winner in the driving license tender, Pesa Print paid the company KSh104.5 million (about $1 million) to drop the challenge.

According to court documents, Pesa Print borrowed part of that money from companies reportedly owned by Meru County Senator Franklin Linturi. The senator reportedly borrowed the money from a bank patronized by his girlfriend, Marianne Kitany, who at the time was chief of staff to Deputy President William Ruto.

Pesa Print, the court documents said, was due to repay the loan within 48 hours of NBK receiving the first tender payment from the government. But things got messy and ended up in arbitration, where the documents were produced describing the payoff arrangement.

Symphony ceded the contentious contract to NBK. “We agreed to drop the case as a settlement was agreed and for public good (to avoid vendor issues that cause many government project delays and lengthy court processes),” Symphony told reporters in an emailed statement.

Pesa Print confirmed the payment, and said the financial arrangement with Linturi was purely transactional. The senator could not be reached for comment.

KCB Group featured Pesa Print and its COO Mark Maina in a May 2020 issue of The Venture magazine. According to the article, Pesa Print had set up a technology hub within the NTSA and was producing electronic driving license cards that “will eventually be used for payments, such as instant fines.” NBK was described as Pesa Print’s banking partner. Credit: KCB Group’s The Venture magazine

KCB Group featured Pesa Print and its COO Mark Maina in a May 2020 issue of The Venture magazine. According to the article, Pesa Print had set up a technology hub within the NTSA and was producing electronic driving license cards that “will eventually be used for payments, such as instant fines.” NBK was described as Pesa Print’s banking partner. Credit: KCB Group’s The Venture magazine

According to Njane, Pesa Print has already delivered the technology and base printed cards to the NTSA. However, one party in the consortium told reporters that card production had stalled even before government agencies shut down during COVID, and that the company was shopping around for new technical partners.

NBK did not respond to questions, but its parent company KCB Group told reporters in an emailed statement that “NBK, as the contracting party is executing its obligations and the covenants of the NTSA driving license contract as required.”

It’s unclear when the long, storied journey of Kenya’s digital driving license will be fulfilled. With the terms of the current KSh2.1 billion contract a secret, it’s also unclear exactly how much the government and the companies — as well as any politically connected brokers — stand to earn.

Meanwhile drivers like Gikunda will pay the price.

“I don’t know why the government had to come [up] with such a figure,” said Gikunda, lamenting the KSh 3000 cost of the digital license. “I don’t know what’s so special about the card.”

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Out of America or How I became a Marxist

Becoming a Marxist made me realise that there was a wider context for my existence, that the conditions that I found myself in as a woman or as an African were historical.

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I went to study in the United States in the 1980s in the time of what was to me the inexplicable presidency of Ronald Reagan. It was an enigmatic presidency for me for two reasons. First, at my university and amongst the mostly left-leaning circles that I hang out with, I never came across anybody who had voted for him. The second reason was that, for me, Reagan was clearly challenged on the intellectual front. I could not believe that a nation with all that maendeleo, all that development we in Africa so covet, would tolerate some folksy guy who might have come from a darker and more ignorant century. Certainly, the cool left-leaning students at C University had no time for Reagan.

In my two years in the US the only person I came across who would publicly admit to having voted for Reagan was a 65-year-old black man in Albany, Georgia, my cousin’s father-in-law. Pops, as his children called him in that quintessential African American manner, would routinely loudly proclaim his love for President Reagan to people in the presence of his children. He showed me his Republican Party membership card, much to the mortification of his children who muttered that the old man was finally going senile. When he whipped out the letter from Reagan, they teased him saying that he had only received it because he was special, being the only black Republican on the planet.

Pops challenged two beliefs I had had held about voting patterns in America. First, that black people were not members of the Republican Party and, second, that they always voted for the Democratic Party.

War and America’s presidents

Eight months into America, I had imbibed the paranoid conspiracy theories of my Marxist circle and lost my African ease. Late one night I turned on the television to find President Reagan ranting and raving in the most alarming manner about the “evil empire”. He was referring to the former Soviet Union, America’s mortal enemy of the Cold War days. And you thought “Axis of evil” was original? Do you see a pattern here? This is clearly the language of America’s dumb dumb presidents.

There is a moment in the deep night when reality becomes suspended and we become susceptible to our original lurking primeval selves. In this night moment, assorted distorted demons and night creatures with names like Linani, banshees, ghosts and ghouls rule as reality twists and turns, changing shape and resonance. The howl of a dog conjures up a werewolf. On the Kenyan coast, that night moment brings with it all manner of djins and mermaids, prowling in their woman-shape to steal the souls of victim men. Mating cats evoke the screams of damned souls burning in a Christian hell. It is easy to believe the bizarre. (I am setting up my excuse for what happened next.)

It was at such a moment in the night that I found Reagan’s ranting so aggressive that as I listened I became convinced that I had only missed the first part of his speech, in which he had finally gone over the edge and declared war on the Soviet Union. That night I went to bed terrified, in the grip of my imaginary world war. Before I fell into erratic sleep, I obsessed about how I would not be able to get out of the US before the actual war started and that I would die alone in a foreign land. The next morning I was relieved and abashed to find that all was normal and there was no sign of impeding war.

Twenty years later, as I watched the elections that brought another dumb dumb, unfathomable US president to power, George W. Bush, I realised that my vantage point, with its emphasis on linear “development” or maendeleo, had warped my thinking. Until that instant, I had thought development also brings with it highly enlightened people who would not lie about the presence of weapons of mass destruction to bring pain and destruction to innocent women and children many miles away in another country. For what? For oil (I can’t believe that), to get revenge for daddy (that’s too weird), to get their way (what way, the American way in Baghdad?), to be right about a perspective? (Probably the only right answer, outrageous as it may seem).

For us in this part of the world, things like technological advancement, elimination of hunger, industrial development, foreign vacations, microwaves, one doctor per 100 people, four-lane highways, $30,000 per capita income, a new car every two years, pensions, social security, all of which come with development, also lead to progress, to maendeleo. And ultimately to enlightment, the cherry on top of the development cake. We think, surely in America or Europe there must be such enlightenment that people, ordinary people everywhere, must have become immune to the baser human urgings like fear, malice, jealousy, racism, intolerance, corruption, violence, the need to declare war for dubious reasons, religious fanaticism?

It is easy to believe that if we were to invent a machine that would test our level of enlightenment we would find that those with more development have more enlightenment. This would render them immune from making decisions driven by those unenlightened aspects of being human like uncertainty and fear of tomorrow, fear of the other, the dictates of their religion, what the Bible says, what the Koran says, what the mullahs say, what the priest says. But finally I understand that this is not the case; just because you have more stuff doesn’t mean you are more enlightened.

I now realise of course that although human beings may have made huge technological advances such that they can send men to the moon or invent the Internet, they will still rely on some form of magic, juju or alchemy to manage their lives. The advances have not created certainty. In fact, they create even more uncertainty which can drive people deeper into the bosom of their juju side.

From Nairobi to America

Before I went to America, I was a student of the biological sciences at the University of Nairobi. Someone had put the University of Nairobi on the then outskirts of town. But this had not been far enough. By the 1970s, the outskirts were already part of the central business district and students would make their grievances felt by literally pelting the central business district with sticks and stones. It was a rioting student’s paradise. During my time, there were numerous riots, demonstrations and campaigns, many with echoes of Marxism or some left-leaning ideology with students shouting slogans like “Down with the bourgeoisie! The proletariat rules!!!” as they battled the police in the streets.

Somehow, throughout these riots I was able to remain largely free of any ideological infection. Which is incredibly surprising because we were sent home on at least four occasions over three years because of some issue with ideological overtones. In total, we spent about seven months at home. The male students had to report to their local chief every week but the women were not perceived to be a threat so we did not have to.

The only time I was absolutely certain about what we were striking for was the time we went on strike over food. We were all tired of the strange cuisine. The final provocation came when even the minced meat had weevils in it. Weevils will infest beans, legumes, rice, maize, but none feed on meat. So I could never get it; how did the weevils get into the minced meat? We half-joked that they must have used them as seasoning.

Rioting students

It was always those unserious arts students at main campus who started the riots. With our 36 hours a week schedule, we science students had no time for such frivolous pursuits. Also, we had no ideology to spur us to action and were so out of touch with current issues that we had no idea that our politicians were up to no good and that we should care. No science lecturer was ever caught in the political crosshairs, at least not during my time.

With their 8 hours a week lecture schedule which we sneered at, the arts students had plenty of time for ideologies such as Marxism and for the political issues they cared about, and they had lecturers with a death wish to egg them on. To get us to join their strike the arts students had to use threat and force; when a strike started we would be the first target and rather than face the wrath of our fellow students we joined in. Soon we were caught up in the excitement of the moment and forgot our original reluctance.

We ran around town in our jeans and sneakers being chased by the police, stoning unsuspecting motorists in an orgy of anarchy that was surprisingly heady even when the consequences could be a beating or rape by the police and the paramilitary (at the time they did not use live ammunition) and expulsion from university. I took part in the running around town but I didn’t want to take part in the stoning of motorists in case one of those motorists was my mother or father or one of their friends.

Twenty years later, I almost became one of the nameless motorists we used to talk so casually about, the one who lost her eye, (“Oh, how sad”), the one who died (uncomfortable silence), the one whose car was set ablaze and had her leg broken when she tried to jump over a six-foot fence hotly pursued by angry students shouting “down with the bourgeoisie, workers unite!” (loud laughter at the image of the heavyset woman trying to jump a six-foot fence).

That scene from a long time ago came to me as I came face to face with a young man about to hurl a stone at my windscreen. Time stood still. I had driven into the midst of rioting university students. Have you ever had one of those moments of danger when your life hangs in the balance under the specter of deadly violence? I live in Africa so I have had several. For me these moments always come with a loud metallic screeching/whistling sound. A sound that crystallises danger itself.

Photo. Unsplash / Pawel Janiak

Photo. Unsplash / Pawel Janiak

From nowhere the moment was interrupted; a student stepped in and stopped the young man at the last possible moment, for no reason that I can fathom, except that my day had not yet come. “Drive away!” he shouted urgently at me. I reversed and drove like the devil escaping my moment.

Being cold in America

I arrived in America in the dead of winter never having experienced winter in my life. I also went to a Marxist university only having been vaguely aware of this ideology or the concept of ideologies for that matter, so I was green on many fronts. If my father had known, and then been able to believe, that he was sending me to America to a Marxist university, would he have so happily taken me to the airport with such pride, giving me one of his gems to take with me? I repeated it later to my new boyfriend, starry-eyed, in a “behold the wisdom of my father, I want to share it with you” moment, only to find that it was Confucius who originated it. You can guess the one: “A journey of a thousand miles begins with one step”. I remember laughing and not being embarrassed by the busting of my father’s “original” gem. You must understand that I had once believed that my father could speak Russian.

It was the cold that almost got me first. It was February, the dead of winter. On my sixth day there, I looked out of the window and the sun was shining off the pristine snow. I felt joyful at the prospect of warm sunshine on my skin. I dressed and walked the one kilometre to the university campus. Only I got colder and colder. Sunshine did not equal warmth here. The light coat and sweater I had put on were no defense against the bitter winter cold. Twenty minutes later I was sitting in the reception room of the University admission block, feeling sorry for myself, trying not to cry as my ears, toes and fingers painfully thawed. I would have gone back home that second if my ticket had not been one-way.

A party in America

I eventually settled in, made some friends and was soon invited to my first party. The word “party” should mean the same thing wherever you are, right? For me at that time it meant dressing up in something sexy and provocative, make-up, jewelry (I still secretly believe that it was I who introduced the whole bling concept to the US), high heels and looking forward to dancing and meeting gorgeous and dateable guys. I marvel today at how many eligible men there were to choose from back then at any party, I was always spoilt for choice.

So of course I arrive at the party Kenyan style, dressed to the nines and fashionably late, to make my entrance and to envelope myself in the “whose that girl” factor. The cachet in being remembered translated directly into the attention of at least three of the hottest guys at the party. And then the routine. Open the door of the crowded room, stop, framed by the door, hold pose as if looking for someone while what you are actually doing is allowing them to look at you, and then step into the room sure of the impression you have created.

Photo. Unsplash / Jonathan Simcoe

Photo. Unsplash / Jonathan Simcoe

I went into routine mode and nearly gagged as I realised just what an overdressed spectacle I was. One woman was still in the droopy old t-shirt that she had used when we went jogging that morning. The only difference now was that the widening sweat marks under her armpits were not because of the jogging but because of the heat in the room. I couldn’t believe it! The other students were similarly dressed in old jeans, t-shirts, sweats and ill-fitting sweaters. I was now embarrassed as all eyes turned on me just as I had intended but retreat would only have made me even more conspicuous. I held my head up and, deciding to brazen it, walked into the room. This was only the beginning of my introduction to party etiquette in America.

Did I mention that I was a geek from University of Nairobi? I soon learned a new definition of geek because a Nairobi University geek took time out to party and one of our rules was that you never talked about anything remotely related to the courses you were taking during party time. I don’t remember what we talked about but what we did at parties was dance like mad, and tune and be tuned. But here at university in the US life was one continuous seminar without end.

I joined a group of friends and my face lit up in a smile anticipating delicious banter with that cute guy I had the hots for. As I stood there awhile, I realised that I needed to quickly disappear the smile; it was clearly inappropriate during a discussion about historical materialism, Hegel, Marx, Gramsci… After 15 minutes looking for an opportunity to make an impression I gave up. I knew the language. English. But if you had held a gun to my head and asked, “Tell me what they are talking about or I shoot,” I would have had to let you shoot my brains out. I had no idea. I moved to another group of my friends and found them similarly engaged in what can only be referred to as deep intellectual discourse and again I could not understand them. My frustration was growing; you can understand what this was like for a loud and voluble person. This is my only point in mitigation for what happened next. The third group held some promise. There was a word I found familiar, and as I write what I said, my toes still curl up in embarrassment twenty years on. The word was “reactionary”. I had to seize the moment and make my intellectual mark. “Oh!” I said, “President Moi is a reactionary, he always reacts to everything.” I looked around at the upturned faces with pride at this insight.

And then I launched into a story about President Moi and his reactions, by way of illustration you understand. “One time when we were at the university, President Moi had gone to India on a state visit. By the time he returned it was a week before JM Day, the day on which a populist member of parliament called J.M. Kariuki had been assassinated 10 years before. The students always marked the day with demonstrations which soon deteriorated into riots and running battles with the police. The university was always closed after the fracas. This year though, we students had gone against the grain and decided that we would mark the day by doing good in the community. We had decided to establish a J.M. Kariuki Foundation and to clean up slum areas and donate to poor people. So when we heard the president’s declaration even before he set foot on Kenyan soil that all third-year students would be expelled and ‘the nation would feel nothing if we dared riot on this year’s J.M. Kariuki Day’, we were so outraged that we were simply provoked into action. We rioted. And funnily enough, for the first time he did not react for the first week. We then decided that we would riot until he sent us all home. So we did.”

Many years down the road, I am still grateful that they did not burst out laughing. Instead, someone politely said one word “yes, that’s an interesting perspective to the word reactionary, you are quite right President Moi is a reactionary”, and the conversation continued seamlessly.

Going home a feminist

I soon got used to the American party style, so much so that when I came back home I had a hard time adjusting to the Kenyan approach. More so because I had come back with a head full of ideologies that did not mix well with the oglefest that is the Kenyan party. I took years to get back on track, spending time at parties skulking in corners with one or two other like-minded people, a drink in one hand and a cigarette in the other, both habits picked up in America and now used to camouflage my despair at the lack of opportunity for rigorous intellectual discourse at these Kenyan affairs.

Of all the ideologies I picked up abroad, the most incompatible with my country was my hardcore feminism. It was not just any ordinary feminism, but one that looked for converts with the fanaticism of a born-again Christian from the American Bible Belt out to capture souls in Africa. And I never missed a chance to advance my mission. I was a one-woman missionary determined to be martyred at the altar of feminism.

Photo. Unsplash / Marcus Winkler

Photo. Unsplash / Marcus Winkler

Like red flags to a bull, statements that would spur me into action were endless. “Oh you know women are like that” or “Oh you know women are their own worst enemy.” Back then my country was still so innocent that it did not know that it should hide its chauvinism from view, at least in public. There were many sexist and misogynist statements made in my hearing by men and women on a daily basis.

Just so that there would be no room for speculation, I would declare my feminism openly on introduction. It wasn’t quite, “Hi my name is Sitawa and I am a rabid feminist who is vigilant and looking for opportunities to spring into action in defense of women everywhere by lecturing you into submission for any anti-woman statement that I may detect”. But it might as well have been. How I actually introduced myself was “Hello my name is Sitawa and I am a feminist”, I said, looking them straight in the eye, daring them to make a joke of my declaration.

Just in case you might be misled into thinking that there was any irony here and maybe laugh out loud because you found the introduction funny, the clothing and demeanor completed the picture. I wore a uniform of black jeans, shapeless t-shirts and sneakers, the drab universal uniform of feminists — in the US at least. “Appreciate my mind not my behind” is what I meant to say with my whole presentation to protect myself from another little trait I had picked up in the US, an aversion for unsolicited male attention.

All my friends were innocents. After I had lectured three or four of them for half an hour each on separate occasions I soon found myself alone. I wore my aloneness like a badge of honour, seeing it as the inevitable price paid by any champion of a cause who sticks their neck out. Thank goodness I had seen the film “The Loneliness of a Long Distance Runner”; I could use the image conjured by the title to console myself when I felt like giving up.

In an act of rebellion against my society, I smoked openly even in front of my father. This particular statement was especially effective in establishing my rebel credentials to no one in particular. When my friends gasped and questioned this particular act as going too far, I had another lecture prepared for them. “My aunts,” I would say from my imaginary soapbox. “Upcountry, in the rural areas, women smoke and drink so why shouldn’t I?” In the western part of Kenya women can smoke cigarettes. Some of my aunts smoke cigarettes but with the lit end inside their mouths. I have never seen a man smoke in this fashion and I don’t know why. I have one particular aunt who is hard-smoking and hard-drinking, who has always gone drinking with her husband, so I just don’t understand the sanctions levied against the so-called modern African woman, the city woman.

I have long since quit all those habits I picked up in America. I gave up picking on everybody around me because I realised that I had mistaken being constantly angry and fighting with people who did not agree with my opinion with championing a cause. Besides, it was alienating and exhausting and no one wanted to hang out with me because I was so intense. When my friends could talk to me again they told me that they had run away from me because I was just plain boring.

Impressions of the American South 

I went to visit my cousin’s in-laws in the American south in Albany, Georgia for a week and discovered I could not hear so I took to endless grinning and nodding my head. I left those people thinking I was simple in the head. But I couldn’t understand them and I soon got tired of asking them to repeat themselves so I withdrew into an African grin of protection and lost my reputation in the process. They speak English in the south so it wasn’t the language, but there was still a language barrier. The long dragged out words that go on seemingly forever lost my short attention span. I found that my mind had wondered before the end so I never heard the finish. “Caaaahhhn aaaaah speeeek to Eyyyyd Coooook” is what I thought I overheard a woman in a bank asking. It was shocking to hear, like somebody caricaturing an American. I tried not to laugh and asked my cousin-in-law what the woman was saying. And she translated, “Can I speak to Ed Cook?”

I visited my first flea market during that visit to the south. A large African-like market selling what we call mitumba in Kenya; old clothes and shoes, kitchenware, furniture, as well as more specialised things like vintage clothing (read very old mitumba) and stuff that was ordinary people’s artistic expressions of themselves. My cousin-in-law introduced me to a little old black woman at a stall selling miscellaneous mitumba as her cousin from Africa.

“What!” proclaimed the little old black woman, “But you real pretty, I thought Africans were dark black with kinky hair and big fat noses and mouths but you real fine,” she declared in amazement.

I was equally astonished at the casual black-on-black racist stereotype that she spewed, blithely unaware that she should hide it or at least not say it straight to my face. But she was simply the first of many to air such views. During my two-week sojourn in the south, I soon grew accustomed to hearing from black people similar guileless declarations about some African stereotype that I didn’t fit. From questions about where I learnt to dance like that (I can dance!), to where I had learnt to speak “so proper”, to my dress sense and on and on.

Virtual segregation in the American South

The other big thing that I experienced for the first time in the US was hardwired virtual segregation. There were no signs designating white and black zones anywhere in Albany that I saw. Indeed, on the surface all seemed well in terms of race relations. But even my cousin’s Republican father-in-law made sure he hid his de-segregated business to keep up appearances. He was in business with a white person because the partnership allowed him to get white business. But to keep that lucrative white business he had to keep his partnership hidden and so he passed himself off as a worker in the business. I realise the logic is challenging.

The two groups occupied the same physical spaces, they ate at the same restaurants, entered all buildings and transport from the same entrance, sat anywhere on buses. And yet my foreigner’s eyes quickly saw through this façade and identified the fault lines of virtual segregation. The new apartheid still did not allow the twain to commune freely even as they congregated. I could feel the barriers as soon as I stepped into those spaces. There was a sense of forced togetherness. If the gap between the two races could speak it would say, “Ok, we have to share this same physical space but we are not giving up our right to be separate. They can take away our right to segregation but they can’t take segregation out of our hearts”. It was in what was missing in the interaction between black and white. There was no ease, peacefulness, insignificance, silence, freedom, love.

What existed in that gap was tension, a hateful watchfulness and worst of all an embryonic violence that was always ready to grow into fully-fledged adulthood. You could feel it. This violence ebbed and flowed and hung around like a dark threat. When I was amongst black people everyone was relaxed, very laid back, but in the presence of a group of white people in the segregated spaces there was an all round tensing alertness, an expectation of something unpleasant.

Black and white people occupied those common public spaces differently too. White people seemed to strut and begrudge black people’s presence. It was white people who still seemed to be the bona fide owners of the space. Black people were the interlopers, but they had no choice, they had to occupy the spaces, otherwise they risked recreating segregation by their absence. But the sense of threat in those spaces implied that black people occupied those spaces at their peril. Desegregation had been about pulling down the limits placed on the existence of black people. It was not white people who were fighting to sit in the seats reserved for black people on buses or to use the blacks-only entrances. Desegregation demands that white people cede the space and privileges that define their superior place in society.

Race in the north

My experience of race in the American north was not one of absence but rather that the north was racially clandestine, a state I much preferred. It gave me freedom to spend many more hours in a day being just another human being. The colour of my skin was not a constant conscious presence foisted on me by open racial hostility. Thank you but I am not black, I really am just a person. I am an African living in Africa so although I have many identities, being black is not my premier identity. That is the advantage of growing up black in Africa.

When I brought this to the attention of my southern black relatives-in-law they made that claim that always bemuses me. “I like the south,” they said, “the boundaries are clear, people here are not hypocrites like in the north. I know where I stand with them here”.

“I know where I stand?” What the hell is that? What I understand from that telling statement is an admission on the part of black people that it’s OK for there to be limits on a black person’s existence. I never heard a white person say things like that, only black people. For a person to know where he or she could go and what he or she could expect from their world simply because of the hue of their skin. In other words there was a limit of possibility which means that there was no possibility at all. And it was fine for white people to have veto powers over the dreams, the scope of existence of black people. You can dream so much and no more. You can aspire so far and no further, these are the limits on your movement. And black people accepted this proscribed world and were happy that they knew their place in this controlled world. That world was a banned dream which they passed on to their children and this was done with the active connivance of black people.

I understand how dangerous the world in which black people live in the south is. I imbibed a small part of that fear many thousands of miles away from movies and media reports of the Ku Klux Klan. So much so that I arrived in America terrified. For four days I refused to leave my sister’s apartment because I was sure the Ku Klux Klan were going to gun me down. Living with that dreadful history can skew anyone and the wonder is that black people have lived to step out of the shadow of such terrors and nightmares. The journey has had its negative impact such that sometimes their ability to see beyond the boundaries of their terror has been compromised.

This is where Africans can lend their sight when dreams have been extinguished. We have the same racial reality because our existence in the world gives us the same reference points. Yet we live in our own homes largely amongst our own people. We are not vested only in a racial reality. Our human reality predominates. We can fly above “black person negatives” and separate fact from damaging fiction.

A person exposed to these negatives on a daily basis for most of their life will lose their perspective. Such an environment can beat down the most thick-skinned, sanguine, optimist man and woman and create an oversensitive “defensive human” who can no longer see the forest for the trees and perceives racism under every bush. Such an environment can leave people severely embattled and debilitated. The centuries of actual and virtual lynching that black people have been subjected to in the US will do that.

Psychologically I am rather sensitive. I found the race issue to be intrusive enough in the north where it was not so in-your-face.. I found myself engaged from time to time in what manifested as flash-back-filled bouts of mother-less-child weeping. The kind of crying that was inconsolable, with heaving and copious tears. The kind that is only done in hiding. The first time it happened I did not understand what was going on. From nowhere came floods of tears. At first they were quite frequent, every three months or so. Soon the stretch between one bout and another grew and they finally stopped. I had stopped expecting more out of this country.

What were they? They were silent tears of rage and despair at the seemingly unseen-with-the-naked-eye accumulation of incidents of racism that I encountered on a daily basis. My mother has always told me that I am too thin-skinned, I let things get too easily under my skin. And it’s true. I just let the incidents seep into my subconscious. I never could speak out at them. I had no skills to deal with them in the moment. The moment of action would be long past before I recognised what had happened. And some were subtle, only discernable in the pattern my subconscious registered as I remained preoccupied with the hunt for that cut price designer shoe that I desired and could afford on my student stipend only if I bought it in a bargain basement-type store. It wasn’t until it had long happened, again and again, from store to store, in a single day, that I finally recognised what had been going on. The only black person in the group of friends being singled out for kindly help, again and again.

So what about the Marxism?

So what about the Marxism itself? I know that many people will find it surprising that I became a Marxist in America but it was common knowledge back then that you were likely to become Marxist, or at the very least end up leaning way to the left ,if you did your studies in the US. The reverse held true if you went to study in the USSR, you turned irrevocably capitalist and probably ended up holding some extreme rightwing perspectives. Certainly, I found many of my friends and relatives who went to study in the USSR ideologically bereft. For both groups it was shopping that did it. According to my friends who went to the USSR, the empty shelves turned them to the right.

In the US the shopping experience couldn’t have been more different. Walk into a supermarket, any old supermarket, not even some hypermarket, and there were shelves and shelves of different brands of detergents. Twenty different brands of dog food. Try buying toothpaste and you had to choose from a row of thirty brands. I was confused about what parameters to base my choice on, and offended at the waste. As a consumer, I had to ask myself why would I need thirty varieties of toothpaste to choose from? What’s funny is that back home the thought of such a long list of western goodies had always sounded delicious. Back then, western goodies were in short supply and some were not available in real time. You did not expect to keep up with trends in music or fashion in real time for example. There was a genuine difference between the third and first worlds largely based on time.

This time difference meant that at home there was a premium to being ahead of the pack. I still remember the cachet of being one of the first to own those skin-tight Jordache jeans that were not going to hit the Nairobi streets for another two years at least, the first to wear the latest lip gloss, the really glossy kind. This particular trend might become extinguished before it’s existence is even heard of in Nairobi, and there I was wearing it because I had made a trip to New York city. With some of these more transient trends there was always the danger that no one ever got to even hear about them and decide that they were a “must have” fashion item. The extreme third world trendoid ran the risk of simply looking strange and eccentric rather than enviably trendy. Sometimes I thought that it would have been useful to wear a T-shirt reading, “This thing that I am wearing really is the latest trend in London, New York, Milan.”

The road to my becoming a Marxist was littered with hardship though, and I almost didn’t make it. First, it was clear that I had a problem, I was the problem. When I stepped into the graduate class at C University, I was the first African for over ten years. And I was the first African woman in more years than that. I am Kenyan, which back then had a baffling specialness. I still remember the whispers as I walked past fellow students during the first few weeks. Later, when I made friends, I found out that my arrival had been announced and was anticipated, “Class we will have a real Kenyan woman”. I was used to being taken for granted much more at home. For a while I basked in this adulation. Soon enough it was rudely interrupted. Apparently it had come to everyone’s attention that I was bourgeois. This according to the Marxists made me a criminal. It was my political class in Africa that kept the peasants downtrodden while my economic class exploited the workers. I was held personally culpable for the ills of the continent. I kid you not; when the lecturers talked about the problem the bourgeoisie and petty bourgeoisie presented in Africa, my fellow classmates turned round and looked at me with accusing eyes.

And it gets worse; I had servants. This particular thing was treated like some sort of character flaw. A friend of mine captures the dangers of being found out as an employer of servants by left-leaning elements in the US at that time. She was doing the bleeding-heart liberal thing, working in one of those poorly paid jobs while learning at the feet of some feminist guru. One day she was called into the boardroom where the head feminists were meeting. The interrogation revolved around questions of whether she had servants at home. She turned red (she is a Kenyan of a hue that can blush) and fidgeted violently, giving her discomfort away. She realised she was on the horns of a dilemma. What was she to do? If she admitted that she had servants she could be fired. But she realised her behaviour had given her away so an outright lie was out of the question. She chose to limit the potential damage by making a partial admission.

“Yes we have servants”, she admitted with her fingers crossed, “But only part-time.” Many years later we roared with laughter at how much we lay down at the feet of little tyrants just because they were supposed to be ideologically sound.

To be honest, although I would have chewed razorblades before I admitted this back then, the logic of my fellow students escaped me, but I was still intimidated into silence. This is what I would have told them had I been able to speak up. “Any African attending university is by definition no longer a peasant, a worker or a proletariat even if they are a direct descendent of any of these preferred classes. A real worker is out there being just that, a worker, not attending graduate school in the USA. Not all Africans are guilty of oppressing their brothers and sisters back home. Heck, Africans have the right to not be poor, peasants or workers. We can be anything.” This is what has always been so intriguing for me. The attitudes of my fellow students were not strange. Africans are allowed only to be poor. It seems to me that the logic that follows is that then they can be saved or rescued from their conditions by kindly Westerners. There is no place for Africans who can look after themselves in the psyche of the West. And interestingly, there appears to be no scenario for what happens when the “helping” has worked. The logic seems to suggest that for Africans there must be no rainbow.

News of a coup

In 1982 news of a coup in my country was met with all round gloating. A fellow student whom I considered a friend broke the news of the coup with words to this effect:

“You Kenyans have been the darlings of the West and now finally you have fallen!” he announced with glee.

He was not simply being mean, he was just being a Marxist. Others joined in, expressing joy at the collapse of this false citadel that was often touted as a capitalist success story by the West much to the chagrin of the leftist elements in the same West. Today that Kenya seems too good to be true. A few years earlier, in 1975, a World Bank report had noted that “Kenya is now in the second year of its second decade as an independent nation. Behind it lies a record of sustained growth in production and income that has rarely been surpassed by countries in Kenya’s stage of development”. These are some of the statistics that offended people: In 1975 27 per cent of Kenya’s population was living below the poverty line. GDP grew at a rate of 6.6 per cent. It is true that by 1982 things were beginning to collapse as the post-Kenyatta regime that we like to call the “Moi error” began to slash at the progress made in the first decade of the country’s independence.

Today Kenya is very different; World Bank statistics reveal a country deeply mired in poverty. Poverty levels are at 57 per cent and, between 1997 and 2002 GDP has reached a low of 1.1 per cent. Although it is doing much better now, it is literally digging itself out from a deep hole. Is Kenya today a Marxist’s wet dream? I don’t know, all I can say that it is uncomfortable to live in the midst of all this poverty. And now, many years later, we know that extreme poverty does not a revolution make. From examples everywhere, it can lead to a total implosion as a country sinks into civil war or worse.

My response to the coup

Whilst my fellow students celebrated back then, all I could think of was the safety and security of my family and friends. Beyond that I didn’t know what else to think. We Kenyans had grown used to the idea that we were special, not like other African countries which we saw as prone to coups and other forms of violent unrest and crazy despotic leaders. Our leaders were mild in comparison. With this mindset, I was simply unprepared. Over the next four days, my alarm grew when I was unable to get through to my parents when I tried to reach them by phone. I eventually got through and confirmed that all my family were safe. One of the symbols of our success was an efficient telephone system. I could always get through. What is amazing is the accuracy of some of the stories I heard about what happened to people I knew thousands of miles away. I heard about a guy whom I knew getting shot while looking at the unfolding coup through the window of a second-floor apartment and I came home to find this story to be true; he had indeed died in exactly the way it had been described to me.

This meanness not withstanding, Marxism gave me a huge measure of freedom by giving my mind options to go beyond. It gave me alternatives to understanding how life works. I came to appreciate that the conditions that I found myself in as a woman or as an African were historical and that there was a wider context for my existence. As for Ronald Reagan, he unwittingly played his part in expanding my mind and making sure that I had to step out of the shadow of ideas of America as the land of salvation for myself or my continent. For two years, I watched this man behave as if he had come from a village in the dark ages and I gave up all my notions of the West as the source of wisdom, hope and help for my continent.

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Kenya Should Get Out of Somalia and Negotiate With Al Shabaab

For decades, Somalia regarded Kenya as a neutral arbiter, unlike Ethiopia, where long-standing resentments against Somalia have endured. Kenya’s military intervention in Somalia in 2011 and its meddling in the country’s internal affairs have ruined Kenya-Somalia relations and emboldened Al Shabaab.

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Kenya Should Get Out of Somalia and Negotiate With Al Shabaab
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Kenya’s military should leave Somalia. The 2011 intervention was billed as quick and short, but instead, it has metastasised into an almost decade-long occupation.

Kenya should depart Somalia for three specific reasons. One, the military campaign designed to “destroy” and “defeat” Al Shabaab, and keep Kenya and Kenyans safe has instead increased the group’s attacks on Kenya and Kenyans. Two, the need for a more robust domestic counterterrorism response to Al Shabaab’s attacks has led to egregious violations of human rights, and in the process, torpedoed the nascent police reform project. Three, the intervention also upended Kenya’s relations with Ethiopia, a vital partner in the Horn of Africa. It eviscerated soft power with Somalia, severely hamstringing Kenya’s diplomatic leverage in the region.

I. Operation Lindi Nchi

Kenya’s military intervention in Somalia took many Horn watchers and me by surprise because this was the first time Kenya undertook an independent military operation outside the United Nations Peacekeeping Operation. Intriguingly, the government provided little public information regarding Operation Linda Nchi (Operation Defend the Country).

But to any discerning person with a passing interest in the Horn of Africa’s history and politics, Kenya’s strategy, operation, the tactic, and geopolitical goal of the mission was at best foggy.

I was a young Horn of Africa analyst when the Kenya Defence Forces (KDF) crossed the border and entered Somalia in November 2011. To make sense of the intervention, I sought the views of three individuals. The first was the then military spokesperson, Major Emmanuel Chirchir. I sat down with him, not to understand the precise reason for the intervention, but to tap into the thought process that preceded it and the exit strategy.

The meeting left me deeply worried. The useful major failed to provide coherent answers to my questions. Later, his press briefings and Twitter engagements fortified my worries. His meetings descended into a series of amateur performances. In one incident, Major Chirchir shared these photos on his Twitter handle.

Posts from Major Chirchir's Twitter account.

Posts from Major Chirchir’s Twitter account.

The Associated Press published these photos, which were later published in the Daily Mail on Dec. 15, 2009. Major Chirchir was roundly pilloried for using the report to criticise Al Shabaab. This confirmed that public information management, a critical component of any military campaign, was being done on the fly, or not taken seriously. The lack of general information and ill-thought out communications campaign remained features of the army.

The second person whose insight I sought was Bethwel Kiplagat. The late ambassador was Kenya’s envoy during the 30-months marathon Somalia peace process in Kenya from 2003 to 2005. I was keen to glean any insight he could share. Kenya had to intervene to stop Al Shabaab because they posed a security threat to Kenya, Kiplagat told me. He said the political process could not go ahead if Al Shabaab threatened the fragile government in Mogadishu.

Next, I looked for Retired General Lazarus Sumebiyo, the IGAD’s special envoy for the South Sudan Peace Process. The general told me that entering Somalia was the “dumbest thing” the government could have done; shorter, well-calibrated strikes targeting Al Shabaab, rather than a protracted ground intervention, could have done the job better. He alluded that the invasion marked a deviation from Kenya’s policy of regional diplomacy that has served the country so well in the past.

The general told me that entering Somalia was the “dumbest thing” the government could have done; shorter, well-calibrated strikes targeting Al Shabaab, rather than a protracted ground intervention, could have done the job better.

Almost a decade into the intervention, the “dumbest thing” continues with no end in sight. Instead of defeating and destroying Al Shabaab, the campaign has ruptured relations with Ethiopia, for decades, the nation’s most significant partner in the region.

II. Botched Military Campaign

Major Chirchir’s failure to answer some of the fundamental questions spoke to a much larger problem with the intervention: the military intervention was never approved by the National Assembly as required by the Constitution. Article 95(6) of the Constitution states: “The National Assembly approves declarations of war and extensions of states of emergency.” The Somalia intervention was announced by the Minister for Internal Affairs, George Saitoti, instead of the Minister for Defence, Yusuf Haji.

As a measure of how little strategic thinking went into the military campaign, the intervention was launched in October, a rainy season in Somalia, like in other countries in the Horn and East Africa region. Immediately after the attack started, most of the mechanised units got stuck in mud.

Asymmetrical warfare

History is littered with significant and powerful armies humbled in battlefields by weaker opponents, especially in low-intensity conflicts. Fighting an unconventional militant group using a conventional method was always bound to fail in the long run. Al Shabaab has time on its side while a traditional army must go by the clock. They can outwait any traditional command, and forgetting this basic principle comes with a steep cost. But the Kenyan military seems to have learned little from their Somalia experience. The KDF has also maintained a domestic military operation against Al Shabaab in Lamu’s Boni Forest. This operation, like the operation in Somalia, has predictably stalled.

The Kenyan military’s initial media briefing was full of the bravado indicative of a short military campaign. It did not take long for assumed quick victory to recede from view; by June, less than eight months after the intervention, Kenya’s military ‘rehatted by joining the African Union Mission in Somalia (AMISOM).

Resigned cynicism has long replaced the early days of jingoism. The campaign has faded into background noise except for occasional media mention when the military suffers casualties. Its low priority in the collective Kenyan consciousness has insulated the leadership, including Parliament, from any form of accountability.

Although Kenya’s military intervention was during retired President Mwai Kibaki’s reign, President Uhuru Kenyatta has been an enthusiastic supporter. President Kenyatta, speaking about the intervention, said, “And in pursuance of this objective and that of the international community, our troops will continue being part of AMISOM until such time that our objective has been achieved.” However, there is little ground to suggest AMISOM, first deployed on 9 January 2007, is anywhere near achieving its goal. In military campaigns, an open-ended campaign without clear military and political goals invariably leads to mission creep.

III. Kenya and Terrorism

Kenya has been a target of international terrorist groups, but the attacks focused primarily on Western interests in Kenya because of the country’s perceived close alliance with the West. The first major terrorist attack on Kenyan soil occurred on New Year’s Eve in 1980, retribution for Kenya’s assistance to Israeli Defence Forces in Operation Entebbe. The Popular Front for the Liberation of Palestine bombed the Norfolk Hotel, an upscale hotel frequented by foreign diplomats and in the past by the occasional head of state, such as Winston Churchill and Teddy Roosevelt. Most of the twenty fatalities and nearly 100 injured were not Kenyan.

On August 7, 1998, Al Qaeda in East Africa attacked the United States embassy in Nairobi, killing 213 and injuring more than 4,000 people. A simultaneous attack on the United States embassy in Dar es Salaam, Tanzania, killed 11 and wounded more than 100. Somalia’s connections to Al Qaeda were instrumental in planning and carrying out these attacks.

Four years later, on December 28, 2002, Al Qaeda in East Africa attacked the Paradise Hotel, an Israeli- owned hotel in Kikambala, Kenya, killing 15 and injuring 80. The same day, the group attempted but failed to bring down Arkia Airline’s flight 582 from Mombasa’s Moi International Airport to Tel Aviv.

Domestic blowback

Following Kenya’s intervention in Somalia, Al Shabaab launched an unprecedented number of attacks on Kenyan soil, with most of their attacks focused on Kenyan interests and Kenyan citizens. These attacks occurred throughout the country, forming an arc across Northern Kenya, the Kenyan coast, and Nairobi. The violent response visited upon local communities in the name of counterterrorism complicated the problem.

The region has always been susceptible to spillovers from Somalia’s internal conflicts due to the long shared borders with Kenya and Ethiopia. Kenya’s ethnic Somali and other Muslim minorities experience festering contemporary disenfranchisement and historical marginalisation. The marginalisation is despite the decentralisation of power and resources in 2010 under the new constitution. Al-Shabaab took full advantage of Kenya’s vulnerabilities and porous border to tap into these grievances.

Al Shabaab also started attacking international aid workers, government officials, and military targets, while fueling tensions by specifically killing non-Muslim civilians. The most significant Al Shabaab attack to date in Kenya occurred on April 2, 2015, in Garissa County when shooters stormed Garissa University. During the attack, 147 Kenyans, mostly students, died and 79 were wounded. Five hundred people escaped the attacks, which witnesses say singled out Christians before shooting.

Kenyan Defence Forces serving under the African Union Mission in Somalia (AMISOM) man their position at El-Adde in the southwestern Gedo region of Somalia on January 22, 2016. AMISOM Photo/ Abdisalan Omar

Kenyan Defence Forces serving under the African Union Mission in Somalia (AMISOM) man their position at El-Adde in the southwestern Gedo region of Somalia on January 22, 2016. AMISOM Photo/ Abdisalan Omar

Inside Somalia, the KDF was not safe either. On the morning of January 15, 2016, Al Shabaab fighters attacked and overran an AMISOM forward operating base garrisoned by KDF troops from the 9th Rifle Battalion in the Battle of El Adde. By the end of the day, an estimated 141 Kenyan soldiers were dead. That figure would make the single most considerable loss for Kenya’s military since independence. Slightly over one year after the El Adde attack, on 27 January 2017, Al Shabaab took KDF’s military base briefly before being dislodged. In both incidents, the Kenyan government did not release the exact number of casualties; instead it played catch-up while disputing figures released by Al Shabaab.

Domestic attacks spurred the government to launch a strong response. Unfortunately, the choice of action came at a critical transitional moment. After decades of human rights violations, the Kenya police were finally undergoing structural transformation buttressed by provisions in the 2010 Constitution.

IV. Police Reform and Counterterrorism

As a response to deteriorating internal security, Kenya instituted a raft of legal, policy, and administrative moves. Parliament passed the Prevention of Terrorism Act (POTA), established a new Anti-Terror Police Unit (ATPU), and launched counterterrorism operations across Eastleigh, coastal Kenya, and North- Eastern, all areas where Al Shabaab is active. These operations led to egregious human rights violations, disregard for due process of law, and resulted in extrajudicial executions and disappearances of suspected Al Shabaab members.

Several human rights organisations and the media have documented these violations. It is not just suspected Al Shabaab members who were targeted, human rights groups documenting government agencies’ violations were also targeted through legal and bureaucratic suffocation that paralysed their daily operations. This included closing their offices, taking away their computers, using Kenya Revenue Authorities to question their tax compliance, and freezing their bank accounts.

Domestic attacks spurred the government to launch a strong response. Unfortunately, the choice of action came at a critical transitional moment. After decades of human rights violations, the Kenya police were finally undergoing structural transformation buttressed by provisions in the 2010 Constitution.

However, the Kenya Police’s human rights violations documented by the media and human rights organisations within the context of counterterrorism operations are not an exception but rather a continuation of an established trajectory. The Kenya Police has a documented history of human rights violations and impunity. The Executive’s appointment of senior police leadership without oversight from the state’s arms before the promulgation of the 2010 Constitution made the Kenya Police malleable to the Executive’s demands. It conferred the impunity to intimidate political opponents.

There have been sustained efforts to reform the police in the past. The latest followed the eruption of violence following the 2007-2008 national elections. As part of the mediation process, the African Union (AU), under the auspices of a Panel of Eminent African Personalities, established a mediation team led by the former UN Secretary-General Kofi Annan.   As part of the diagnosis, the panel advocated that the government undertake security sector and other reforms to rein in the police.

As part of the mediation, the panel formed the Commission of Inquiry into Post-Election Violence (CIPEV), also known as the Waki Commission (named after the chairman of the commission, Justice Philip Waki). According to the Waki’s Commission, a total of 1,133 people died as a result of post-election violence, and gunshots accounted for 962 casualties and 405 deaths. This represented 35.7% of the fatalities, making gunshot the single most frequent cause of deaths during the post-election violence.

The Waki Commission recommended that “the Parties shall initiate urgent and comprehensive reform of the Kenya Police and the Administration Police. A panel of policing experts shall undertake such reforms”.

President Mwai Kibaki, in May 2009, established the National Task Force on Police Reform, also known as the Ransley Task Force (named after the chair of the commission, Justice Philip Ransley).

Chapter 14 of the 2010 Constitution further codified police reforms. The reforms sought to create a “visible” change to the police leadership in three ways. The law established: (1) the position of Inspector General of the Police (IGP) who is appointed by the President with Parliament’s approval; (2) a civilian oversight mechanism through the Independent Policing Authority (IPOA) and National Police Service Commission (NPSC); and, (3) bring the administration police and the regular police under a single IGP and two separate Deputy IGPs – the latter designed to enhance a clear line of command, control, and communications.

Collectively, these changes meant greater independence of the police from the Executive. But the invasion and the insurgents’ response to it created an environment that was not conducive for implementing the reforms. The need for a robust domestic response against Al Shabaab’s attacks on Kenyan soil saw the Kenya Police commit multiple human rights violations, including extrajudicial executions during counterterrorism operations in Muslim majority regions inside Kenya. The Police resorted to the tried and tested collective responsibility and intimidation methods in the form of extrajudicial killings and enforced disappearances.

These violations were enabled via the loosening of legal safeguards against police violations. The upshot of the Kenyan police’s human rights violations was not only derailing the police reforms but was also providing Al Shabaab with propaganda material that they used to recruit further.

Those supporting the police’s response advance three main arguments.

One, terrorism is an extraordinary crime, and thus requires an exceptional response. This argument privileges security over liberty, creating a false, if not simplistic, choice. While not perfect, the Prevention of Terrorism Act provides a legal framework within which to fight terrorism. Additionally, there is no empirical evidence that policing that violates human rights leads to a decline in crime. On the contrary, it engenders distrust in the police among the affected community, thus making policing more difficult.

The second argument is the “a few rotten apples” theory – that there are only a few police officers committing human rights violations. The problem with this argument is that even if a few police officers engage in human rights violations, it is still too many. According to an online portal that tracks police violations by human rights groups, since 2007, Kenya Police have killed 689 people. These are figures that human rights groups have verified since the police do not keep the data. These figures could be higher because some cases go unreported.

Such statistics only provide a glimpse, and while helpful in understanding the depth of the crisis, miss the human element. Those who disproportionately bear the brunt of the police’s violations are young men living in slums in Kenya’s major urban areas.

The third defence is that whenever accused of violating human rights, the police ask, “Don’t the police also have human rights? Why don’t the human rights groups advocate for the police’s human rights as well?” This is a valid argument; however, the two issues are not mutually exclusive. One can advocate for police’s human rights while simultaneously asking for police’s accountability.

V. From Counterterrorism to Countering Violence Extremism

The police’s human rights violations are part of the reason behind the move away from counterterrorism to broader policies for countering violent extremism (CVE). CVE is anchored in a global shift in counterterrorism.

Policy trends in the West have a way of becoming mainstream and fashionable elsewhere because Western countries provide much of the funding to support research for policies that then end up being tested in a local setting like Kenya. Even when these policies are discredited in Western countries where they originate, they end up being adopted and accepted uncritically in the Global South.

Hence, Kenya and other countries pivot to CVE away from counterterrorism. This is in line with the global shift in the discourse regarding the utility of counterterrorism as a tool for fighting the rising tide of domestic terrorism, displacing the conventional focus on threats emanating from far-off countries. CVE is one such trend that has grown into a cottage industry that has generated new CVE “experts” overnight.

Policy trends in the West have a way of becoming mainstream and fashionable elsewhere because Western countries provide much of the funding to support research for policies that then end up being tested in a local setting like Kenya. Even when these policies are discredited in Western countries where they originate, they end up being adopted and accepted uncritically in the Global South.

While CVE initially emerged as a response to counterproductive consequences of counterterrorism, it has morphed into a banality hollowed out of its utility, meaning, and potency in time.

The remarkable aspect of CVE’s “trendiness” is that the diagnoses are hardly original, but rather, repackage a laundry list of solutions, some of which are borrowed from Disarmament, Demobilization, and Reintegration (DDR). One of the overarching aspects of the CVE is the Danish or the Aarhus Model.

The Danish Model

Prevention of terrorism became a top item in Denmark’s political agenda in 2005 in the wake of the murder of Dutch filmmaker Theo van Gogh in 2004, the train bomb attacks in Madrid in 2004, and the bomb attacks in London in 2005. This, combined with the Danish daily Jyllands-Posten’s printing of twelve cartoons of Prophet Muhammad wearing a turban shaped like a bomb, lit a fuse.

Kwale, Lamu and Mombasa counties’ CVE plans were heavily borrowed from the Danish Aarhus Model, named after the Aarhus region. The model was developed when in 2009, the Danish Ministry of Refugee, Immigration and Integration Affairs was given European Union approval for a three-year pilot project on de-radicalisation. The project was launched in cooperation with the municipalities of Copenhagen and Aarhus, East Jutland Police District, and the Danish Security and Intelligence Service (PET).

The model also works at three levels: a) General – this level is principally about raising awareness through public information programmes; b) Specific – this level involves those who have been identified as individuals or groups who are planning to travel to join extremist groups; and c) Targeted – this intervention is designed for individuals and groups who are considered “imminent risk”. Activities at this level involve exit and mentoring programmes.

Further, the Danish CVE plan is a multi-agency affair involving the Danish Security and Intelligence Service Centre for Prevention, Ministry of Immigration, Integration, and Housing, and the Danish Agency for International Recruitment and Integration. The Danish approach draws on decades of experience with similar collaboration with other areas and benefits from existing structures and initiatives developed for other purposes than specifically preventing extremism and radicalisation.

However, adopting the model wholesale without considering the local peculiarities of Kenya misses the point that what works for Denmark does not necessarily work for Lamu, Kwale, and Mombasa. The biggest challenge in adopting the model in Kenya is that there is no national legal-policy framework regarding disengagement and reintegration of returnees, a third element of the Aarhus model.

VI. Amnesty for Al Shabaab

Following the Al-Shabaab attacks on Garissa University in which 147 people died, Kenya’s Interior Cabinet Secretary, Joseph Nkaissery, declared an amnesty for members of the group aiming to return to Kenya. According to Nkaissery, the amnesty was to “encourage those disillusioned with the group that wanted to come back“.

Under the amnesty, the returnees would receive protection, as well as rehabilitation and counseling. The programme claimed that it would support training and alternative livelihood methods through work with different governmental ministries.

In 2015, the amnesty was announced initially for an initial ten-day period. It was later extended by two weeks. In May 2015, the government stated that 85 youths had so far surrendered under the amnesty programme and that “the government had put an elaborate comprehensive integration programme to absorb those who had surrendered. A year and a half later, in October 2016, the government made the amnesty indefinite.

Reports claim that anywhere from 700 to 1,000 fighters have returned from Somalia, but the amnesty has not had any impact in terms of rehabilitation, and that these alleged programmes were non-existent. Consequently, the counties have increased their involvement (an approrpiate development), as the state response has been inadequate, and left mainly to civil society, but without government support. The mistrust of returnees from within the communities is an equally significant problem, along with livelihood issues.

Sound diagnosis

Because of the diversity of the stakeholders involved and consulted, the county CVE plans provide a sound analysis of what predisposes young men and women to radicalisation and eventually joining violent extremist groups. The fact that discussions regarding the development of CVE plans were spearheaded by local civil society organisations also enhanced taking on board nuanced local realities. This also engendered legitimacy and trust from the communities.

The two aspects that have not been fully fleshed out in most of the plans are, first, the source of money in implementing the policies (for instance, the Mombasa County Action Plan budgeted for KSh430,223,000 for January- December 2018). However, the available funds were Sh128,000,600, or only 29.77 per cent of the allocation. Second, the importance of women, while mentioned, has not been addressed in detail.

Fighting violent extremism is an extremely challenging undertaking, but uncritically exporting solutions without customising them for local realities does not help. Besides, in the UK and the US, CVE has been discredited because it was primarily used as a surveillance tool on communities on an industrial scale.

VII. Geopolitics of the Horn of Africa

Besides failing to keep Kenyans safe and rendering police reform stillborn, Kenya’s intervention in Somalia damaged the country’s regional diplomatic clout and leverage, especially with Ethiopia, a key ally in the Horn of Africa. The Kenyatta government’s management of relations with Somalia has been even more problematic.

Despite being in a region bedeviled with constant conflict due to Cold War proxy relationships, Kenya remained unscathed by the Cold War’s vagaries. This enduring legacy survived despite the fact that Kenya, effectively an ally of the US, is surrounded by Ethiopia and Somalia, who were clients of the United Soviet Socialist Republic (USSR) and Cuba at different times.

Kenya’s president, Daniel Arap Moi, aware of the challenges of being sucked into any conflict, firewalled Kenya from being mired in regional conflicts by remaining ideologically ambivalent, at least in public. Kenya remained neither a friend nor a foe of any of these countries. Moi was making a virtue out of necessity considering his tenuous hold on power domestically.

Moi instead made Kenya a site for peace negotiations amongst warring groups in the region. Kenya was the venue for peace negotiations between the warring parties in South Sudan and Somalia. The Nairobi Agreement, a peace deal between the Ugandan government of Tito Okello and the National Resistance Army (NRA), a rebel group led by Yoweri Museveni, was signed in Nairobi in December 1985. Kenya carried the culture of hosting peace talks even after the end of the Cold War. The Sudan and South Sudan Comprehensive Peace Agreement was signed in Kenya.

Moi also appointed competent foreign affairs ministers, such as Dr. Robert Ouko, Dr. Bonaya Godana, and Dr. Zachary Onyoka, just to mention a few. Post-Moi, the Ministry of Foreign Affairs has not distinguished itself in conducting Kenya’s diplomacy.

Somalia

The Transitional Federal Government (TFG) of Somalia was formed in 2004 in Nairobi after many months of negotiations. The TFG was the 14th attempt at creating a functioning government in Somalia since the collapse of Muhammad Siad Barre’s government in 1991. Formed late in 2004, the TFG governed from Kenya until June 2005. The late Ambassador Bethuel Kiplagat led the negotiations.

Despite the Kenyan government’s treatment of Kenyan Somalis as a second-class citizens, bilateral relations between Kenya and Somalia were warm and cordial. Currently, relations between Kenya and Somalia are arguably the lowest in decades.

At the heart of the Kenya-Ethiopia-Somalia dispute is the question of who will control the semi-autonomous region of Jubaland. The central player in that dispute is Mohamed Madobe, the President of Jubaland. His militia, the Ras Kamboni Brigade, fought alongside the Kenya Defence Forces when Kenya intervened in Somalia.

Kenyan soldiers serving with the African Union Mission in Somalia (AMISOM) inspect a destroyed vehicle belonging to Al Qaeda-affliated extremist group Al Shabaab at Kismayo Airport in southern Somalia, 22 August, 2013. AU-UN IST Photo / Ramadaan Mohamed.

Kenyan soldiers serving with the African Union Mission in Somalia (AMISOM) inspect a destroyed vehicle belonging to Al Qaeda-affliated extremist group Al Shabaab at Kismayo Airport in southern Somalia, 22 August, 2013. AU-UN IST Photo / Ramadaan Mohamed.

When Kenya first intervened in Somalia in 2011, Ethiopia withdrew from Somalia since intervening unilaterally in 2006 to stop the ascent of the Union of Islamic Courts. But Kenya’s intervention was in Jubaland, a region predominantly occupied by the Ogaden, who have been fighting the Ethiopian government for decades in Ethiopia’s Ogaden region. There was no way Ethiopia could countenance that happening without them having a say. Besides, being Somalia’s breadbasket, the port of Kismaayo is also in Jubaland.

Since the collapse of Siad Barre in 1991, Ethiopia and Kenya maintained a united policy. But Kenya’s intervention changed that. While both countries are in Somalia with the primary purpose of defeating Al Shabaab, they are both now pursuing a different route. Ahmed Abiy’s coming to power in April 2018 gave this a further ascent. Until that point, Ethiopia principally supported the semi-autonomous regions under the guise of decentralisation. To many Somalis, Ethiopia was not interested in the emergence of a central government in Somalia. Since Abiy became the Prime Minister, Addis and Mogadishu have grown closer, shifting decades-long Ethiopia policy, and leaving Kenya and Ethiopia at loggerheads.

These differences were on full display during the Jubaland presidential election when Kenya supported Madobe, and Mogadishu and Ethiopia supported the opposition candidate. The Kenya-Ethiopia’s dispute continues to stymie AMISOM operations. The only actor benefiting from such open hostility is Al Shabaab.

The maritime dispute

For decades, Somalia regarded Kenya as a neutral arbiter, unlike Ethiopia, where long-standing resentments against Somalia have endured. Kenya’s military intervention in Somalia and its meddling in the country’s internal affairs have ruined Kenya-Somalia relations.

The150,000 sq.km maritime dispute with Somalia exacerbated the conflict. The disagreement, which came to the surface in 2004, could have been resolved amicably had officials at the Kenya International Boundaries Office (KIBO) taken the negotiations seriously. During the negotiations, Kenyan officials regarded their Somalia counterparts with disrespect, assuming that as a “failed state”, Somalia cannot negotiate on an equal footing. Kenyan officials also failed to show up for a meeting with Somalia without explanation. The case eventually ended up at the International Court of Justice (ICJ).

Instead of correcting earlier mistakes, Kenya’s Ministry of Foreign Affairs officers dug in their heels. It started engaging in reactionary moves like denying Somali diplomats entry visas and reintroducing flight stopovers in Wajir, thus substituting petulance for diplomacy.

VIII. The political settlement with Al Shabaab

Since 2011, Al Shabaab has been dislodged from many of its territorial strongholds, thanks to the 22,000-strong AMISOM troops and the Somali National Army. Yet Al Shabaab continues to control parts of south-central Somalia. Under President Donald Trump, the United States has also significantly increased drone attacks.

More significant is the fact that, according to AMISOM’s Transition Plan, AMISOM will be winding down in Somalia in December 2021. The departure is despite a lack of demonstrable improvement in the Somalia National Army’s capacity to take over. If Al Shabaab continues to pose security threats inside and outside Somalia despite these investments, what will that mean after AMISOM leaves Somalia?

One of the significant and fatal gaps in addressing the Somalia crisis is the singular and disproportionate focus of using the terrorism lens. “We do not negotiate with terrorists” became the overarching slogan, becoming almost an article of faith, foreclosing any model of thinking, planning, and programming to address the crisis in Somalia.

Expanding the focus of analysis and therefore suggesting potential solutions to include other models would help to negotiate a post-AMISOM reality. That should be helpful even if AMISOM stays in Somalia because there cannot be a never-ending mission. It must have an end date.

More significant is the fact that, according to AMISOM’s Transition Plan, AMISOM will be winding down in Somalia in December 2021. The departure is despite a lack of demonstrable improvement in the Somalia National Army’s capacity to take over.

Conflicts end either through total defeat, a stalemate, or a negotiated political settlement. In Somalia’s case, the complete collapse of Al Shabaab is highly unlikely. The group has developed a sophisticated mechanism of continuing to generate revenue, including taxation and recruitment, and continues to operate as an urban/rural guerrilla outfit capable of launching violent attacks with lethal outcomes. As a result, Somalia and Al Shabaab are engaged in a “mutually destructive stalemate”.

Kenya negotiated the Somalia process that eventually led to the Transitional National Government’s formation, the first government formed since the collapse of the Somalia government in 1991. It took several attempts of delicate negotiations. Kenya also played a significant role in resolving decades of civil conflict in Sudan that led to the formation of South Sudan. While negotiating with Al Shabaab is entirely different from the Sudan and Somalia negotiations, quite frankly, the only reasonable way of ending the present crisis is by a political settlement leading to Al Shabaab being part of the future Somalia government.

Some senior Al Shabaab figures would consider negotiating with the TFG if offered positions, while others would want to have their names removed from the UN and US terror lists. Still others, eager to rejoin society, seek general amnesty, and many would like to be resettled in a third country. All these incentives are a price not too high for peace in a country shattered by a civil war since 1991.

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