“Unpleasant arithmetic” is a popular economists phrase coined by Thomas Sargent, the 2011 economics Nobel Prize laureate and Neil Wallace in an influential 1981 paper simply titled “Some unpleasant monetarist arithmetic” that sought to demonstrate that monetary policy is a useless anti-inflation tool. The deadpan title had a double meaning, the truly horrendous math and the unsettling policy implications. The good news is that Kenya’s standard gauge railway (SGR) arithmetic turns out to be unpleasant only in one dimension. The bad news is that it is the money end of the business, not the math.
It is helpful to start by putting the scale of the project in perspective.
UK’s Crossrail project, an expansion of the London commuter rail system has been billed as Europe’s most expensive infrastructure project, with a price tag of US$ 23 billion, five times the cost of the Mombasa-Naivasha SGR. But the project amounts to less than one percent of UK’s $2.6 trillion dollar economy (37 times Kenya’s), and 3.5 percent of government revenue. The UK borrows long term domestically at between 1.5—2.5 percent per year. If we take the higher figure, the interest cost of financing the Crossrail project is about 0.1 percent of government revenue. The most expensive infrastructure project in Europe increases the UK’s public debt by less than one percent of GDP and puts no pressure on the government budget.
When it was starting in 2014, the $3 billion outlay for the Mombasa-Nairobi segment amounted to 5.4 percent of GDP and 11 percent of government revenue. The cost to completion (Mombasa to Malaba), estimated at US$8 billion at the time, was in the order of 15 percent of GDP and 73 percent of government revenue. If we were to finance it from floating international bonds, the interest cost on the $4.5 billion dollars we’ve borrowed already would translate to 2.5 percent of government revenue, 28 times the cost of Crossrail’s debt burden on UK’s taxpayers.
But the Chinese bank loans have a higher revenue burden than bonds since we have to pay both interest and principal. We now know that the cost is in the order of KSh 50 billion per year currently, equivalent to four percent of revenue. That translates to 45 times CrossRail’s debt burden on UK taxpayers. Moreover, as noted, the UK borrows domestically, with no currency risk. The shilling has depreciated 18 percent since we borrowed, raising the interest cost by KSh 3 billion a year.
When it was starting in 2014, the $3 billion outlay for the Mombasa-Nairobi segment amounted to 5.4 percent of GDP and 11 percent of government revenue. The cost to completion (Mombasa to Malaba), estimated at US$8 billion at the time, was in the order of 15 percent of GDP and 73 percent of government revenue.
To contemplate a project of that scale, you need a very high degree of certainty of its viability. It is otherwise reckless.
The key selling point of the SGR project is that it would get the huge trucks off the road. It would also be cheaper and faster. The public was told that it would haul 22 million tonnes of freight a year. As this column pointed out then, this was always doubtful.
A typical locomotive hauls of between 3000 and 4000 tonnes of freight. We now know that the SGR locomotives’ capacity is 3000 tonnes. The 22-million ton target works out to 20 trains a day, a train every 80 minutes. But the government has also marketed passenger services, which brings you down to a train an hour. It matters that over 90 percent of the freight is imports. If it was equally divided between imports and exports, you would need half the departures. But with virtually all freight going one way, a departure every hour both ways on a single track is a stretch.
We now know courtesy of a study by government policy think tank, KIPPRA, that the operational capacity of the railway in terms of the rolling stock already acquired and configuration of the line (e.g. provisions for trains to pass each other), is twelve trains a day, with provision for four passenger and eight freight trains a day, with a capacity of 8.7 million tonnes a year.
Besides falling far short of the so called design capacity, this raises a serious question about the viability of extending the railway to Uganda. Currently, the volume of transit cargo coming through the port of Mombasa is close to eight million tons, just about the same capacity as the railway. Thus, the current operational capacity cannot serve both the domestic and transit cargo—it is one or the other. To serve both will require expanding the capacity on the completed section to at least double what it is, escalating the already exorbitant cost even further. In a decade or so, it will still come down to a question of domestic or transit freight. If the railway will have been extended, it will only make business sense to carry transit cargo, begging the question why Kenya would have borrowed so much money to build a railway for other countries.
The railway has been sold as a commercially viable project, that is, it would pay for itself. This column challenged this claim from the outset. In the first of many columns, I maintained that the railway could not pay, and that the debt would be paid from the public purse. This has now come to pass.
Currently, the volume of transit cargo coming through the port of Mombasa is close to eight million tons, just about the same capacity as the railway. Thus, the current operational capacity cannot serve both the domestic and transit cargo—it is one or the other. To serve both will require expanding the capacity on the completed section to at least double what it is, escalating the already exorbitant cost even further. In a decade or so, it will still come down to a question of domestic or transit freight. If the railway will have been extended, it will only make business sense to carry transit cargo, begging the question why Kenya would have borrowed so much money to build a railway for other countries.
The only feasibility study I have seen was done by the contractor China Road and Bridge Corporation (CRBC). It is possible that the lenders could have conducted their own feasibility studies as other development financial institutions do, but if such exist, they are a closely guarded secret.
The CRBC feasibility study has a chapter titled economic evaluation, though it is unlike any investment appraisal I have come across. It asserts that the project has “high profitability” and “financial accumulation ability”, but there are no cash flow projections to back this up. It presents Net Present Value (NPV) of three different configurations of US$ 2.0, 2.4 and 2.6 billion as evidence of viability, leaving one at a loss to understand how this justifies borrowing US$3.2 billion for the project. NPV is the current value of the future earnings of a project and should be higher than the cost of the project.
Be that as it may, the railway’s economic justification turns on cheap freight. The study asserts that the railway would turn a profit with a tariff of US$ 0.083 a ton per kilometre (8 US cents). Containers weigh between 20 and 30 tons, hence the study’s tariff at the time translated to between US$ 830 and US$ 1245 (Ksh. 70,000 to Ksh. 100,000) to freight containers from Mombasa to Nairobi. It puts road haulage cost at US$ 0.10 to US$ 0.12 (10 to 12 US cents), hence the proposed SGR tariff would have been 20 to 45 percent cheaper than trucking.
The only feasibility study I have seen was done by the contractor China Road and Bridge Corporation (CRBC)…It has a chapter titled economic evaluation, though it is unlike any investment appraisal I have come across. It asserts that the project has “high profitability” and “financial accumulation ability”, but there are no cash flow projections to back this up. It presents Net Present Value (NPV) of three different configurations of US$ 2.0, 2.4 and 2.6 billion as evidence of viability, leaving one at a loss to understand how this justifies borrowing US$3.2 billion for the project.
According to the Economic Survey, the source of official statistics, in 2012, when the feasibility study is dated, railway freight revenue was Ksh. 4.40 a ton per kilometre, which works out to $0.052 cents. In effect, the SGR claimed that it would make freight cheaper, while in fact its break-even tariff was higher than the railway tariff prevailing at the time. Even the postulated tariff advantage over trucks is flawed because it covers freighting to the inland container depot (ICD) and does not include the additional cost of moving the containers from the ICD to the owners’ premises.
If the tariff advantage over road could be defended, the correct way to measure its economic benefits would be the cost savings, the difference between the “with and without” scenarios. We now know, courtesy of the KIPPRA study, that the actual operational capacity of the railway is 8.76 million tonnes. If we assume, heroically, trains operating at full capacity for the 25 years used in CRBC’s feasibility study and the maximum cost saving ($0.037 a ton per kilometre) we obtain an Internal Rate of Return of 2.4 percent, against a standard benchmark opportunity cost of capital for development projects of 12 percent.
More importantly, the returns are highly sensitive to the railway’s cost advantage over trucking. If we use the lower-bound trucking cost of $0.10 which reduces the cost advantage to $0.017, the project’s Internal Rate of Return (IRR) falls close to zero, the NPV drops to $580 million and the benefit cost ratio (BCR) to 0.2. The IRR is the discount rate at which the NPV of a project is zero and is used to compare a project’s return to the cost of capital. The BCR is simply the benefits over costs and should exceed one for a viable project. A BCR below one means that the project is an economic liability.
The parameters of the feasibility study have already been blown out of the water by exchange rate movements. The 12 US cents trucking tariff used in the study was KSh10.15 in 2012 (at Ksh 84.50 to the dollar). Today KSh 10.15 translates to 10 US cents which as we saw, makes the railway an economic liability. The problem with the SGR is that the bulk of its costs are in foreign currency— indeed, its approved tariffs are dollar-denominated. Trucking has less foreign currency exposure and it is indirect. If the shilling depreciates, the railway loses cost advantage. This is exactly what has happened. As of mid last year, trucks were charging between KSh 70,000 and 90,000 to transport a 40-foot container from Mombasa to Nairobi, which works out to between $0.05 and 0.07 a ton per kilometre compared to the feasibility study’s break-even rate of US$ 0.083.
Over the long haul, currencies adjust to the inflation difference between a country and its trading partners, which for the Kenya shilling translates to depreciating by five percent per year on average. So far the government is relying on coercion to put cargo on the train, even though it is charging what it is calling a discounted tariff. Raising prices is going to be a difficult proposition. We can also expect the prices and operational efficiency of trucks to continue improving, while the railway is stuck with its current locomotives for decades. The price advantage will continue moving in favour of trucking.
With the installed operational capacity of 8.76 million tonnes, interest on its debt which is in the order of US$200 million (KSh 20 billion) translates to 4.6 US cents a ton per kilometre which works out to KSh 45,000 – KSh 60,000 per container. Add operational costs, and it is readily apparent that there is no competitive tariff that would enable the railway to service its debt. Moreover, it is difficult for the railway to operate at full capacity all the time. In effect, the railway will require both coercion and a massive subsidy to stay in business.
We are now compelled to confront the question: what is the economic rationale of establishing a subsidized public monopoly to replace a competitive industry? With cost advantage more or less out of the question, we are left with two arguments. One, that road haulage does not factor in the public costs of building and maintaining roads— including the disproportionate damage that heavy trucks inflict on the roads. The second is that road haulage cannot cope with the projected freight growth, in effect, that the railway line is a necessity, regardless of the cost. Let’s look at each in turn.
The contention that road haulage is implicitly subsidized is simply untrue. Freight trucks do exact a heavy wear and tear toll on the highway, but they also pay their fair share for it. The government is presently collecting KSh 18 per litre of fuel, which translates to Ksh 3,200 per Mombasa-Nairobi trip for a prime mover consuming 180 litres of diesel. Current freight container traffic on the road is at 1.2 million twenty-foot equivalent (TEUs), we are talking fuel levy revenues in the order of KSh 3.5 billion a year. When you add other users, the Mombasa-Nairobi section is generating upwards of KSh 5 billion in fuel levy funds – KSh 10 million per kilometre. It is enough to maintain it. In fact, if the government were to leverage it (i.e. float a bond and pay interest from it), it would be able to finance a phased expansion into a dual carriageway.
What is the economic rationale of establishing a subsidized public monopoly to replace a competitive industry?
The other is that the road would not be able to cope with the growing freight volume and a railway. International evidence suggests otherwise. In the EU for instance, the rail’s share of freight has fallen from 60 percent in the 70s, to just under 20 percent today, despite determined efforts by governments to reverse it. Railways have struggled to offer the flexible logistical requirements of the distributed just-in-time supply chains of a globalized information age. It is, after all, a nineteenth-century technology. Which is why I get rather amused when I hear the building of the “standard gauge” rail (a “standard” established in 1886) being characterized as a giant technological leap into the future.
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Are These the Dying Days of La Françafrique?
The widespread anti-France sentiment among the populations of Francophone Africa is the result of nearly 200 years of French meddling in the political and economic affairs of these countries.
France ruined Haiti, the first Black country to become independent in 1804. France is on course to ruin all its former African colonies. It is no coincidence that the recent spate of coups in Africa has manifested in former French colonies (so-called Francophone Africa), once again redirecting the global spotlight on France’s activities in the region. And that the commentaries, especially amongst Africans, have been most critical of France and its continued interference in the region.
This is coming against the backdrop of France’s continued meddling in the economic and political affairs of “independent” Francophone countries, an involvement which has seen it embroiled, both directly and indirectly, in a series of unrests, corruption controversies and assassinations that have bedevilled the region since independence. Unlike Britain and other European countries with colonial possessions in Africa, France never left – at least not in the sense of the traditional distance observed since independence by the other erstwhile colonial overlords. Instead, it has, under the cover of a policy of coopération (cooperation) within the framework of an extended “French Community”, continued to maintain a perceptible cultural, economic, political and military presence in Africa.
On the surface, the promise of coopération between France and its former colonies in Africa – which presupposes a relationship of mutual benefit between politically independent nations – where the former would, through the provision of technical and military assistance, lead the development/advancement of its erstwhile colonial “family”, is both commendable and perhaps even worthy of emulation. However, when this carefully scripted façade is juxtaposed with the reality that has unfolded over the decades, what is revealed is an extensive conspiracy involving individuals at the highest levels of the French government. Along with other influential business interests – also domiciled in France – they have worked with a select African elite to orchestrate the most extensive and heinous crimes against the people of today’s Francophone Africa. A people who, even today, continues to strain under the weight of France’s insatiable greed.
The greed and covetousness that drove the European nations to abandon trade for colonialisation in Africa is as alive today as it was in the 1950s and 1980s. The decision to give in to African demands for independence was not the outcome of any benevolence or civilised reason on the part of Europe but for economic and political expedience. Thus, when the then president of France, Charles de Gaulle – who nurtured an ambition to see France maintain its status as a world power – agreed to independence for its African colonies, it was only a pre-emptive measure to check the further loss of French influence on the continent. In other words, the political liberation offered “on a platter of gold” as a means to avoid the development of other costly wars of independence which, a France depleted by World War II was already fighting in Indochina and Algeria.
The greed and covetousness that drove the European nations to abandon trade for colonialisation in Africa is as alive today as it was in the 1950s and 1980s.
Independence was, thus, only the first step in ensuring the survival of French interests in Africa and, more importantly, its prioritisation. Pursuant to this objective, de Gaulle also proposed a “French Community” – delivered on the same “golden platter” – as a caveat to continued French patronage. As such, the over 98 per cent of its colonies that agreed to be part of this community were roped into signing coopération accords – covering economic, political, military and cultural sectors – by Jacques Foccart, a former intelligence member of the French Resistance during the Second World War who had been handpicked by de Gaulle. This signing of coopération accords between France and the colonies, which opted to be part of its post-independence French Community, marked the beginning of France’s neo-colonial regime in Africa, where Africans got teachers and despotic leaders in exchange for their natural resources and French military installations.
Commonly referred to as Françafrique—a pejorative derivation from Félix Houphouet Boigny’s “France-Afrique” describing the close ties between France and Africa – France’s neocolonial footprint in Africa has been characterised by allegations of corruption and other covert activities perpetrated through various Franco-African economic, political and military networks. An essential feature of Françafrique is the mafia-like relations between French leaders and their African counterparts, reinforced by a dense web of personal networks. On the French side, African ties, which had been French presidents’ domaine réservé (sole responsibility) since 1958, were managed by an “African cell” founded and run by Jacques Foccart. Comprising French presidents, powerful and influential members of the French business community and the French secret service, this cell operated outside the purview of the French parliament, its civil society organisations, and non-governmental organisations. This created a window for corruption, as politicians and state officials took part in business arrangements that amounted to state racketeering.
Whereas pro-French sentiments in Africa, and without, still argue for France’s continued presence and contributions, particularly in the area of military intervention and economic aid, which they say have been critical to security, political stability and economic survival in the region, such arguments intentionally play down the historical consequences of French interests in the region.
Enjoying free rein in the region – backed mainly by the United States and Britain since the Cold War – France used the opportunity to strengthen its hold on its former colonies. This translated into the development of a franc zone – a restrictive monetary policy tying the economies of Francophone countries to France – as well as the adoption of an active interventionist approach, which has produced over 120 military interventions across fourteen dependent states between 1960 and the 1990s. These interventions, which were either to rescue stranded French citizens, put down rebellions, prevent coups, restore order, or uphold French-favoured regimes, have rarely been about improving the fortunes of the general population of Francophone Africa. French interventions have maintained undemocratic regimes in Cameroun, Senegal, Chad, Gabon, and Niger. At the same time, its joint military action in Libya was responsible for unleashing the Islamic terrorism that threatens to engulf countries like Mali, Burkina Faso, Niger and Nigeria.
In pursuit of its interests in Africa, France has made little secret of its contempt for all independent and populist reasons while upholding puppet regimes. In Guinea in 1958, de Gaulle embarked on a ruthless agenda to undermine the government of Ahmed Sékou Touré – destroying infrastructure and flooding the economy with fake currency – for voting to stay out of the French Community. This behaviour was again replicated in Togo, where that country’s first president, Sylvio Olympio, was overthrown and gruesomely murdered for daring to establish a central bank for the country outside the Franc CFA Zone. Subsequently, his killer, Gnassingbé Eyadema, assumed office and ruled from 1967 until his death in 2005 – after which he was succeeded by his son, who still rules.
In Gabon, you had the Bongo family, who ran a regime of corruption and oppression with the open support of France throughout 56 years of unproductive rule. As for Cameroun, its most promising, Pan-Africanist pro-independence leader, Félix Moumié, died under mysterious circumstances in Switzerland, paving the way for the likes of Paul Biya, who has been president since 1982. France also backs a Senegalese government that today holds over 1,500 political prisoners, and singlehandedly installed Alhassan Ouattara as president of Cote d’Ivoire.
French interventions have maintained undemocratic regimes in Cameroun, Senegal, Chad, Gabon, and Niger.
Therefore, the widespread anti-France sentiment among the populations of Francophone Africa and beyond is not unfounded, as it has become apparent to all and sundry that these countries have not fared well under the shadow of France. In Niger, where France carried out one of the bloodiest campaigns of colonial pacification in Africa – murdering and pillaging entire villages – and which is France’s most important source of uranium, the income per capita was 59 per cent lower in 2022 than it was in 1965. In Cote d’Ivoire, the largest producer of cocoa in the world, the income per capita was 25 per cent lower in 2022 than in 1975.
Outside the rampant unemployment, systematic disenfranchisement and infrastructural deficits that characterise these Francophone countries, there is also the frustration and anger of sitting back and watching helplessly while the wealth of your country is carted away to nations whose people feed fat on your birthright and then turn around to make judgements and other disparaging comments on your humanity and condition of existence. The people are tired of being poor, helpless and judged as third-world citizens! France is a dangerous country.
It is indeed overdue for France to cut its losses – whatever it envisages them to be – and step back from its permanent colonies to allow the people of Francophone Africa to decide on their preferred path to the future. After nearly 200 years of pillage, the people have good reasons to demand that France should leave. The restlessness and the coups that have become commonplace in the region are symptoms of deeper underlying social, economic and political problems, including weak institutions, systematic disenfranchisement, poverty, corruption and the misappropriation of national wealth. And as we call on France to do the honourable thing and withdraw, we should also rebuke Africa’s leaders who have not only put their interests above those of their people but have also turned the instruments of regional intervention and development (like the AU and ECOWAS) into tools for ensuring their political survival.
Tigray Atrocities: Extending ICHREE Mandate Crucial for Accountability
If the Human Rights Council and its members genuinely condemn the atrocities committed in the war waged by the Ethiopian government on Tigray, they must demonstrate their commitment to accountability by extending ICHREE’s mandate.
The Human Rights Council (HRC), the premier human rights body of the United Nations (UN), among many other human rights issues, will decide on the future of the International Commission of Human Rights Experts on Ethiopia (ICHREE). This commission was established to investigate and establish the facts and the circumstances surrounding alleged violations and abuses of international human rights committed during Ethiopia’s war on Tigray, which began on November 4, 2020.
On September 14, 2023, ICHREE submitted its second report that details the atrocities committed in Ethiopia and called for further investigation. ICHREE also reiterated its call for unrestricted access to regions where grave atrocities persist. Ethiopia’s failure to credibly investigate violations of international human rights and humanitarian law leads ICHREE to recommend ongoing international scrutiny and investigations into past and ongoing violations. It has asserted the long-held view that Ethiopia’s journey toward a future of lasting peace hinges on the establishment of political and legal accountability. Without accountability, the recurrence of such heinous acts remains a tangible threat. For this, it is vital to establish the truth for the reason, and given the distrust and limitations of national institutions, only an impartial international entity, such as ICHREE, can provide an objective evaluation and help accomplish this.
Nonetheless, despite its essential work so far and the fact that atrocities continue to be committed and the Ethiopian government is unwilling to ensure genuine transitional justice process and accountability, ICHREE now faces an uncertain future as the HRC debates its renewal. The hopes and demands of millions of victims and their families for truth and justice hang in the balance. Extending ICHREE’s mandate is crucial. Any decision to the contrary will go against the core principles of the HRC upon which it is founded.
Based on their voting behavior of 2021 and 2022, except for Malawi, which has abstained, most of the 13 African members, 6 of the 8 Latin American and Caribbean members, majority of 13 Asia-Pacific States will probably vote against the renewal of the extension. Recent reports show that the US has indicated its readiness to support a bid by the Ethiopian government to end the ICHREE, and 7 Western and 6 Eastern European States may follow suit.
While national interest and geopolitical consideration might explain this change in US and EU policy to ending the ICHREE mandate, they also argue that the anticipated national transitional justice process set out in the Pretoria peace deal makes ICHREE redundant.
ICHREE has also confirmed a long-held view that the government of Ethiopia “has failed to effectively investigate violations and has initiated a flawed transitional justice consultation process. Ethiopia has sought to evade international scrutiny through the creation of domestic mechanisms ostensibly to fight impunity.” ICHREE reports that the complete lack of trust in Ethiopian state institutions to conduct a credible transitional justice process is a recurring theme among the population. The government’s consultation process has fallen short of African Union and international standards, inadequately reflecting victims’ voices and being constrained by arbitrary deadlines. Impunity remains the norm, exacerbating the risk of future atrocity crimes. This challenging situation is compounded by the weakness of state structures responsible for providing protection, including ineffective national laws and a lack of independence in key institutions such as the judiciary and law enforcement. Widespread mistrust in state institutions and domestic accountability mechanisms, exacerbated by the politicization of the transitional justice process, has further eroded public confidence.
The horrific toll of the Tigray war
According to the 2022 Uppsala Conflict Data Program (UCDP) of Uppsala University, the Tigray war marked 2022 as the deadliest year since the Rwandan genocide in 1994, contributing significantly to a 97% global surge in organized violence. This war was waged by the Ethiopian government, significantly assisted by external forces, primarily the Eritrean Defence Forces.
Waged by the Ethiopian government, with substantial assistance from external entities, chiefly the Eritrean Defence Forces, a comprehensive blockade and media blackout were imposed on the region for over two years. The Tigray conflict led to a staggering 600 000 deaths, the deliberate starvation of over 5.7 million people, the pervasive use of rape and sexual assaults on thousands as weapons of war, and the displacement of more than 2 million in an ethnic cleansing campaign.
ICHREE confirmed that between November 2020 and July 2023, over “10,000 survivors, primarily women and girls. By comparison, the Commission is aware of only 13 concluded and 16 pending Ethiopian military court cases addressing sexual violence committed during the conflict. Such cases cannot be said to render meaningful justice for survivors, particularly considering the historical and contemporaneous impunity in Ethiopia for such acts.”
Additionally, the report confirmed the siege on Tigray, destruction of livelihoods, and denial of humanitarian access to Tigray, emphasizing that these actions violate the prohibition on starvation as a method of warfare. ICHREE confirmed civilian deaths directly linked to the manufactured humanitarian crisis leading up to the CoHA.
Both ICHREE and US Secretary of State Antony Blinken have confirmed that these forces were guilty of ethnic cleansing, as well as crimes against humanity and war crimes. Despite the US Secretary of State’s recent decision to exclude the designation of genocide, reports by Foreign Policy suggest that US government experts concluded that, in addition to other crimes, acts of genocide had, in fact, been perpetrated against the Tigray people: “The State Department drafted a declaration in 2021 that the Ethiopian government’s actions in Tigray constituted genocide, according to three US officials familiar with the matter, but never released the declaration.” ICHREE also revealed that the Ethiopian army and its allies frequently used sexual violence against Tigrayan women and girls, at times with the intent to render them infertile and therefore annihilate the Tigrayan ethnicity. At a September meeting of the UN Human Rights Council, representatives of the commission concluded: “the horrific and dehumanising acts of violence committed during the conflict…seem to go beyond mere intent to kill and, instead, reflect a desire to destroy.”
The latest US position appears influenced more by geo-political considerations than by any change in the policies of the Eritrean, Amhara, and Ethiopian forces. Despite its deadly nature and the resulting war crimes, crimes against humanity, and acts of genocide, the Tigray war remains underreported. Compared to the conflict in Ukraine, the Tigray war has received minimal attention and resources, presumably owing to its diminished significance in the geo-political considerations of powerful nations.
The decision of the ongoing HRC will act as a barometer in measuring the world’s commitment to human rights in the Global South. If the HRC and its members genuinely condemn these atrocities, they need to demonstrate their commitment to accountability by extending ICHREE’s mandate.
Transition on paper, war in reality
On 2 November 2022, in Pretoria, South Africa, the government of the Federal Democratic Republic of Ethiopia and the Tigray People’s Liberation Front signed a Permanent Cessation of Hostilities agreement, hoping to conclude the two years of conflict. However, since then, calls for justice and accountability have largely gone unanswered. The peace agreement’s accountability clauses remain vague, and there seems to be an overwhelming lack of political motivation to address them.
Independent international investigations into these atrocities have encountered deliberate obstacles. ICHREE has faced continual resistance from the Ethiopian government and its allies in the HRC since its inception. In an alarming development for international human rights organizations, a parallel inquiry by the African Commission on Human and Peoples’ Rights was silenced and subsequently terminated by the African Union (AU). Both had been established to probe Ethiopia’s war on Tigray, aiming to unearth the causes of the conflict and hold offenders accountable. The AU’s decision undermines the African Charter on Human and Peoples’ Rights, setting a perilous precedent for future inquiries into human rights abuses. Moreover, reports of confidential negotiations between global powers and the Ethiopian government cloud the future of ICHREE. ICHREE continues to call for Ethiopia to cooperate “with ICHREE and other international and regional human rights mechanisms, including granting them unconditional access to all areas of Ethiopia.”
Arguments against these international investigative commissions often emphasize national sovereignty, the Pretoria peace accord, and Ethiopia’s commitment to transitional justice. Article 10 of the Pretoria agreement underlines the importance of a robust national transitional justice policy. While certain countries – China, Russia, and some other HRC members, including those from Africa — view such an investigative mechanism as an infringement on sovereignty, the US and EU support ending the ICHREE mandate based on the anticipated national transitional justice procedures set out in the Pretoria accord.
Recently, the Ethiopian government introduced its transitional justice policy, titled ‘Policy Options for Transitional Justice in Ethiopia’ (TJP). Nevertheless, this policy is mired in controversy, primarily since the Tigray region—one of the significant parties to the Pretoria Agreement—has rejected it. The central contention is the glaring absence of significant consultation with victims, directly affected communities, crucial stakeholders, and representatives of conflict hotspots, predominantly the Tigrayans, during the TJP’s formulation. This lack of inclusivity challenges the policy’s legitimacy, as it appears indifferent to the distinct needs, rights, and interests of these communities.
Furthermore, the TJP’s overarching approach to all Ethiopian conflicts, regardless of their causes, dynamics, and consequences on communities, fails to recognize the particularities of each conflict. Its handling of the Tigray war is a case in point, where long-standing political campaigns, antagonism towards Tigrayans, military collaborations, and egregious tactics like media blackouts, forced starvation, and mass rapes were commonplace.
Additionally, the TJP does not adequately address the broader geopolitical scenario under which these atrocities occured. Critics underscore the policy’s narrow scope, exclusion of victims, impediments to reconciliation, and a worrying trend of state-sanctioned impunity. The TJP’s inclination towards “national sovereignty” at the expense of its “responsibility to protect” its citizens raises significant concerns. It emphasizes reconciliation over holding wrongdoers accountable, potentially sidestepping international probes, especially from ICHREE.
Furthermore, the ICHREE considers Ethiopia’s support and full cooperation with an international investigation mechanism as one of the fundamental indicators of a government’s sincerity in pursuing a transitional justice process meeting international standards. This, as part of establishing the facts surrounding the war, is one of the primary and foundational actions for genuine transitional justice. Therefore, ICHREE recommends that, given Ethiopia’s failure to credibly investigate violations of international human rights and humanitarian law, the Human Rights Council should support ongoing international scrutiny and investigations into past and ongoing violations.
Ethiopia’s deepening poly-crisis
Ethiopia is trapped in a swiftly deteriorating, multi-dimensional predicament. ICHREE highlights a shift toward securitization in Ethiopia, with civilian administration being replaced by militarized “Command Posts.” State–society relationships continue to crumble, culminating in amplified armed conflicts, atrocities, and breakdown of governance. Due to multiple intertwined factors, the armed unrest in Ethiopia shows no signs of subsiding soon. The main reasons for this include widespread dissatisfaction with the Pretoria agreement, an escalating horizontal power struggle, and a collapsing economy. However, the persistent violence and political upheaval in Ethiopia suggest neither a peaceful transition nor a transitional political arrangement. Conflict and atrocities endure in the Tigray, Amhara, Oromia, Gambella, and Benishangul Gumuz regions. War and atrocities continue in various Ethiopian regions. The ICHREE report confirms the continuation of war and atrocities in various Ethiopian regions, including the Wollega zones, Guji, Borana, and parts of West Shewa. It also notes that certain Amhara groups, such as Fano, enjoy considerable local support, similar to that of TDF and OLA.
The prevailing conditions in Ethiopia are not conducive for an earnest transitional justice initiative. With conflicts continuing in numerous regions, the nation seems to be diverging further from peace. The Ethiopian justice framework is viewed as biased, deficient in its capacity, and lacking the determination to hold entities accountable, particularly for transgressions committed by the Eritrean government. It also neglects the vast magnitude of human rights breaches and the ongoing mass atrocities, even after the Pretoria accord’s signing.
ICHREE confirms the occurrence of grave and systematic violations of international law and crimes in Tigray, and the Amhara, Afar, and Oromia regions. These violations encompass mass killings, sexual violence, starvation, forced displacement, and arbitrary detention. This failure primarily stems from the Ethiopian Federal Government’s inability to fulfill commitments related to human rights, transitional justice, and territorial integrity. ICHREE emphasizes that the African Union and states supporting the CoHA (Ceasefire and Humanitarian Agreement) use their best efforts to ensure that the CoHA parties fulfill their obligations, particularly regarding accountability, the protection of civilians, humanitarian assistance, internally displaced persons, and transitional justice. The conflict in Tigray persists, with ongoing atrocities occurring, including those committed by the Ethiopian Defense Forces (EDF) and Amhara militia. Hostilities have escalated to a national scale, posing significant risks to the state, regional stability, and human rights in East Africa.
Furthermore, despite the Pretoria deal’s role in ending active combat, it has failed to deliver on its promises. This failure primarily stems from the Ethiopian Federal Government’s inability to fulfill commitments related to human rights, transitional justice, and territorial integrity. ICHREE pronounces that the African Union Monitoring, Verification, and Compliance Mission (AU-MVCM), and UN OCHA have been undermined by Eritrean government forces operating in Ethiopian territory. With regard to the AU and UN, ICHREE calls on the AU to make their best efforts to ensure that the Pretoria deal is implemented.
Considering Ethiopia’s current tumultuous state, characterized by continued hostilities and a lack of meaningful progress on the Pretoria Deal’s foundational pledges, one questions the nation’s readiness for a genuine transitional justice mechanism. This skepticism is exacerbated by recurring state-led offenses and unrest in areas like Amhara, Oromia, and Gambella. Fundamental questions that emerge in this context are:
- Is Ethiopia earnestly moving towards peace or an inclusive democratic system?
- Can Ethiopia’s current socio-political and economic environment support a genuine transitional justice initiative?
- Is there a discernible commitment towards transitional justice in Ethiopia?
- Does this commitment spring from a genuine intent, or is it merely a smokescreen to conceal impunity?
Transitional justice without transition to peace or transitional politics
Tigray, as represented by the Interim Administration established in accordance with the Pretoria Agreement, has rejected the transitional process and draft policy as is. In essence, in the face of Tigray’s rejection, Ethiopia does not have an active transitional justice policy. The power imbalances in Ethiopia’s transitional justice policy often benefit the stronger party – in this case, the Ethiopian government. The Ethiopian government’s upper hand over Tigray imperils transitional justice, yet again underscoring the need for international oversight and support. However, the national initiatives seem to lack the necessary independence and capability, especially in terms of holding all perpetrators, including Eritrean forces, accountable. National endeavors to unearth this truth are frequently swayed by prevailing power dynamics, underscoring the critical need for an unbiased entity like ICHREE.
The Ethiopian stance on transitional justice shows a lack of resolute intent. The Ethiopian legal infrastructure does not explicitly categorize crimes against humanity, leading to challenges in prosecuting those accountable. The inclusion of foreign entities, chiefly the Eritrean forces, further muddies the legal waters. In this regard, the pressing worry is the TJP’s potential ineffectiveness in averting future atrocity crimes.
Ethiopia’s journey towards a future of lasting peace hinges on the post-war establishment of political and legal accountability. Without accountability, the recurrence of such heinous acts remains a tangible threat. For this, two key steps are essential: First, it is necessary to establish the truth. Ethiopians must agree that truth is the foundation for progress beyond the war and towards lasting peace. Otherwise, the truth remains contested and weaponized for power, resources, and identity politics. Facts surrounding the recent wars, severe and widespread human rights violations, and other significant events must be ascertained, or the “truth” will continue to be manipulated. Second, given the evident distrust and limitations of national institutions, only an impartial international entity, such as ICHREE, can provide an objective evaluation.
Truth and Truth as the bedrock
Truth is the linchpin for reconciliation, accountability, and sustainable peace. For transitional justice to gain a foothold in Ethiopia, establishing the truth about the wars is paramount. Without the truth, the transitional justice process, in its existing design, might perpetuate denial and grant impunity rather than champion justice, increasing the likelihood of its rejection by victims and the wider Ethiopian populace. The current TJP, which seems hasty, warrants a revisit based on independently ascertained facts.
ICHREE’s indispensable role
The conflict in various parts of the country should culminate in a comprehensive peace process addressing the root causes. With UN mandate, independence, capacity, and experience, the ICHREE is uniquely equipped to impartially establish the comprehensive truth, given local constraints and the distrust of national institutions and challenges in their independence. Its impartial inquiry, including investigations into Eritrean government actions, stands a better chance of laying the groundwork for a victim-centric transitional justice process. No alternatives have the same credibility, capability, and impartiality required to establish these facts authoritatively. Terminating ICHREE’s mandate not only contravenes the HRC’s cardinal mission of upholding human rights but also risks perpetuating a relentless cycle of violence and transgressions in Ethiopia.
Given the ongoing wars and atrocities in Ethiopia, and considering the findings in the ICHREE report, now is the moment to reinforce ICHREE, not terminate it.
Climate Change and the Injustice of Environmental Globalism
Beneath the veneer of empty platitudes about acknowledging Africa’s role in conserving biodiversity and mitigating climate change, the Africa Climate Summit was mere geopolitics at play, with the West attempting to reinstate the hegemony it used to exercise over the continent.
According to the Cambridge dictionary, globalism is “the idea that events in one country cannot be separated from those in another and that economic and foreign policy should be planned in an international way”. At first glance, this appears to be a rather benign concept that can even be seen as beneficial when applied to commerce, or in the context of universal human needs like water, human rights and health. However, when it is applied in the context of natural resource management and conservation, it is a delusion that takes on a malevolent quality, threatening sovereignty, resource rights, climate resilience and even the health of hundreds of millions of people around the world.
By and large, globalisation has been a positive human development, but it has spawned a cruel child that follows the same economic strata in the pursuit of power, fuelled by the climate crisis and perceptions thereof. It is instructive to note that the stratification occasioned by environmental globalism places the Global South firmly on the bottom rung. This is the core injustice, because nations of the Global South are custodians of over 75 per cent of the world’s biodiversity and produce less than 50 per cent of total global emissions.
The most powerful and destructive quality of environmental globalism is its capacity to confer acceptability, normality, or even invisibility to the most egregious violations of human rights and sovereignty. This delusion played out blatantly at the Africa Climate Summit 2023 held in Nairobi from 4 to 6 September 2023. The summit was touted as a meeting where “the world” (read: the Western capitalist world) would acknowledge (and somehow reward) Africa’s role in conserving biodiversity and mitigating climate change.
The situation on the ground, however, was very different, because the discussions centred around “carbon markets” and other amorphous financial instruments. These were accompanied by the usual platitudes and lip service to the injustices and suffering in Africa caused by climate change for which the continent only has five per cent responsibility, based on their proportion of global emissions. Like clockwork, the African leaders present came out, cup in hand, pleading for a share of this amorphous thing referred to as “climate financing”, forgetting that these wealthy nations have only made good on 12 per cent of the climate financing commitments made in Paris a decade earlier.
So what was the purpose of this meeting, given that there was so much repetition of what had already been promised earlier and remains unfulfilled? Everything was rehashed, including the typically shrill crisis speeches from the UN Secretary-General, Antonio Gutierrez. An examination of the background information on this meeting reveals that it was more of an “assignment” given to Kenya by the Swedish government, which also financed the meeting. The brief to the Kenyan government was simple: herd, or otherwise coerce, as many African governments into a common position in support of the West’s position in preparation for COP 28, the 28th United Nations Climate Change Conference – or Conference of the Parties of the UNFCCC – to be held in Dubai from 30 November to 12 December 2023.
A key part of that “common position” has been the repeated absolution of the West from blame for the irreparable harm done to the global environment since the Industrial Revolution. It is a position that was repeated throughout the summit, in the media communiqués, television adverts, and in the final declaration. As an African society that aspires to justice, however, it is incumbent upon us (and the wider global community) to recognise that this is a position that has no moral, scientific, or logical standing. Even more perplexing is the fact that the countries seeking to absolve the West from responsibility for the environmental crisis are the same ones expecting various forms of reparations from them for the same environmental impacts; just one example of the cognitive dissonance that is typical of the conservation discourse.
All isn’t lost, though. If one looks past the propaganda being put out by the BBC and other Western media outlets about the climate summit, it is obvious that the loud references to “Africa” in the communiqués and headlines are greatly exaggerated. Kenya’s President William Ruto, the summit host, read out the “Nairobi Declaration” at the end of the summit, outlining several demands and proposals on behalf of “Africa”, despite the fact that, of the 54 countries that make up the continent, only 14 heads of state were in attendance. It was a sad day for Kenya when we bought into, and became purveyors, of the intellectual contempt that is so typical of Western attitudes towards Africa. It is the idea of “Africa the village” where countries, communities and individuals are assumed not to have individual needs, aspirations or ideas.
This continent is a land mass of over 30 million square kilometres, stretching from the temperate Mediterranean zone in the north, across the tropics to the temperate cape, south of the Tropic of Capricorn. A continent of 1.3 billion people. Why would African countries have a common position on environmental issues at COP28 (or on anything else, for that matter)? Surely, the environmental conservation priorities of Algeria in the Sahara Desert cannot be the same as the priorities of the Democratic Republic of Congo covered in tropical rain forest, and home to the world’s third-largest river by volume. Most of the countries that skipped the summit didn’t bother explaining why, but Nigeria, Uganda and South Africa made their positions known. According to a Kenyan diplomat, Nigeria didn’t want to come and be “a bystander at the summit while being lectured by the worst emitters” (of greenhouse gases). Ugandan President Yoweri Museveni refused to attend because of (US climate envoy) John Kerry’s involvement in addressing Africans yet he was a citizen of the “world’s biggest polluter”. South Africa didn’t come because they are currently facing an electricity power crisis and they are being pressured to give up coal, one of their most important energy sources. So what, pray, was the purpose of this strange function in Nairobi?
It was a sad day for Kenya when we bought into, and became purveyors, of the intellectual contempt that is so typical of Western attitudes towards Africa.
This meeting, the platitudes, the posturing, the electric vehicles and propaganda had very little to do with the environment. It was simply global geopolitics. Very few people would fail to notice the massive global power shift to the East over the last two-three years in terms of commerce, innovation, industry, and other fields. Western power in the 19th and 20th centuries was built and maintained on the back of the military industrial complex, but this primitive, blunt tool can no longer ensure dominance in a complex, informed world. “Concern for the environment” is the only remaining tool that the West has at its disposal to try and achieve anything approaching the hegemony it used to exercise over the Global South, particularly Africa.
The duplicity of creating and pushing “carbon markets” while continuing unabated with their industries and emissions has a two-fold benefit for the Global North, if it succeeds. Firstly, they can slow down development and maintain dependency in the South by curtailing the use of natural resources and using these countries as “carbon sinks” for Northern excesses. Secondly, they can conjure up a position of leadership based on non-existent environmental stewardship, in spite of their being the world’s top emitters and consumers. This “leadership” is exercised on global platforms, particularly the UN, which has fully adopted the crisis narrative.
This country has a less than stellar record of environmental leadership: failing to enforce our most basic laws, the wanton destruction of tree cover, the dumping of toxic waste, and cities choking in refuse and sewerage. The choice of Kenya certainly couldn’t have been based on our credentials as a nation, so why was the Africa Climate Summit held here? The choice was more likely based on Kenya’s characteristically blank policy slate onto which foreign interests can be stencilled as and when needed. Where the chosen tool is conservation, Kenya provides the best “entry point” into Africa because of our inability to separate conservation from foreign tourism, and our official obsession with the latter.
The duplicity of creating and pushing “carbon markets” while continuing unabated with their industries and emissions has a two-fold benefit for the Global North, if it succeeds.
As early as 1972, the Guyanese scholar and Pan-African thinker Walter Rodney said that international imperialism was turning Kenya, Uganda and Tanzania into “wildlife republics” where “every effort was made to attract tourists to look at the animals, and the animals assumed priorities higher than human beings…” He went on to refer to tourism as one of the new areas of “expansion of the imperialist economy” and a new way of confirming the dependence and subjugation of Third World economies. Tanzania and Uganda developed their own political and cultural identities over the decades, but Kenya excelled in the role of “client state”, making us the preferred choice for Western projects.
What, then, did we gain from the so-called African Climate Summit? Environmentally, nothing at all, but we learned that our continent is the custodian of the resources on which the world’s future depends. Hopefully, we also learned that Africa’s future belongs to the nations that are committed to their own people’s needs and aspirations.
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