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Battle of Ideas: The Social Responsibility of Intellectuals in Building Counter-Hegemonies

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In a capitalist society divided into classes, you have broadly two types of intellectuals. There are those who produce rationalizations, justifications and mystifications to maintain and reproduce the status quo of inequality and inequity in favour of capital. Then there are those who question and challenge dominant knowledge and try to demystify and debunk hegemonic forms of knowledge and ideologies. Some go further to produce and articulate alternative forms of knowledge and ideologies to propel the struggle of the ruled, the oppressed and the downtrodden. They are involved in constructing counter-hegemonies. By ISSA SHIVJI

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Battle of Ideas: The Social Responsibility of Intellectuals in Building Counter-Hegemonies
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Intellectuals pride themselves as producers of knowledge. They are also articulators of ideologies, a role they do not normally acknowledge. Respectable universities worth the name call themselves sites of knowledge production. I say “respectable” because these days many neo-liberalised universities have abandoned the role of knowledge production in favour of packaging disparate information and branding their “products” (students) to make them saleable on the market. That is a story for another day. Today I don’t want to talk about packaging factories. Today I want to address those intellectuals who still consider themselves producers of knowledge rather than assembly line supervisors of packaging industries.

In a capitalist society divided into classes, you have broadly two types of intellectuals. There are those who produce rationalizations, justifications and mystifications to maintain and reproduce the status quo of inequality and inequity in favour of capital. These are the producers and purveyors of what we call hegemonic ideologies. Then there are those who question and challenge dominant knowledge and try to demystify and debunk hegemonic forms of knowledge and ideologies. Some go further to produce and articulate alternative forms of knowledge and ideologies to propel the struggle of the ruled, the oppressed and the downtrodden. They are involved in constructing counter-hegemonies. Thus there is a battle of ideas. One of the foremost sites of the battle of ideas is the University. Battle of ideas precedes battle at the barricades.

Hegemony by definition means acceptance of an ideology voluntarily, by consent as opposed to, by coercion. It was Gramsci’s great insight that the bourgeoisie rule by mobilising consent through its ideological apparatuses, both in the state (for example, courts) but – and this is important to note – also in civil society, for example, institutions of education, media, CSOs, art, literature etc. The wheels of ideological apparatuses are always churning. They generate and refurbish hegemonic ideologies and make it the ‘common sense’ of the time. During normal times, therefore, the coercion of the bourgeois state does not appear on the surface. It is there – but always in the background. This is the case in normal times. What happens in times of crisis – in times when the underlying capitalist system itself is in the crisis of reproducing itself? It is the crisis that interests me most because, I believe, we are currently in such a crisis of the global imperialist-capitalist system. I will not go into the details of the economics of the crisis because I want to focus more on its ideological expressions.

Battle of ideas precedes battle at the barricades.

Today we are witnessing an upsurge of fascism, narrow nationalisms and parochialism (for short, I’ll call them “new nationalisms”) both in the Centres (the global North) and in the Peripheries (the global South). In the North, rightist parties and formations wave the flag of racism and nationalism against immigrants. Given the electoral victories of the right in recent times, even mainstream center and centre-left parties, fearing the erosion of their electoral base, buy into the anti-immigrant rhetoric. Brexist is one such example; the other is Trump’s laughable but tragic Mexican wall project.

In the South, there is a rise of demagogic and populist leaders who wave the flag of narrow ethnic, racist, religious and parochial patriotism. Modi of India, Duterte of Philippines and Bolsonaro of Brazil, well illustrate populist and demagogic languages. Modi waves the flag of Hindutva which is nothing but an assertion of Hindu supremacy. Inevitably this unleashes street violence against minorities – Muslims, Christians and Dalits. Bolsonaro deploys his populist slogans against Blacks, women and LGBT communities. In Latin America, another Bolsonaro is in the making. This is the gentleman called Juan Guaido who has “democratically” declared himself the president of Venezuela. He is supported by the “champions of democracy” in America and Europe and recognised, among others, by the only “democracy” in the Middle East – Israel. [Please note the term “democracy” and all its derivatives here are in inverted commas.]

Hegemony by definition means acceptance of an ideology voluntarily, by consent as opposed to, by coercion

I’d suggest that the upsurge of “new nationalisms” is a backlash to neoliberalism gone wild. Ironically, neo-liberalism itself paved the path for the rise of “new nationalisms”. Neo-liberal ideologies did not have a long staying power but for some four decades of its rule it caused havoc. Market and monetarism were its mantra. Neo-liberalism attacked bourgeois liberalism in the Centres and assaulted post-colonial, radical and progressive nationalism in the Peripheries. Socially, it rested on individuation as opposed to bourgeois individualism. The best description of individuation comes from Margaret Thatcher who rhetorically exclaimed: ‘Society, what society! There is no such thing as society!’ There are only disparate individuals. Bourgeois individuals stood for rights and obligations. Neo-liberal individuates don’t stand for anything – except for self-enrichment and aggrandizement. They will sell their rights and trample on others’ rights so long as they can “move on”. And ‘obligation’ has no place in their utterly self-centered mindsets.

On economic level, neo-liberalism is based on the endless creation of fictitious commodities and their privatisation. So public goods – education, health, water, energy and air are commodified and owned; so also flora and fauna, mountains, rivers and forests; bio resources and genetically modified life organisms become private property to be owned and traded for profit. Even languages and cultural practices get patented and owned. (Recently Walt Disney took out a patent on the Kiswahili phrase: Hakuna Matata!) Debt, including sovereign debt, becomes a commodity and is traded. Financial oligarchies offer cheap credit – so every one from individuals through households to states borrow heavily becoming indebted. Debt slavery has become a new kind of slavery. We all exist in debt to financial sharks, literally and figuratively. Descartes’ famous saying, “I think therefore I am” becomes “I am indebted therefore I am”. Underlying it all is rampant primitive accumulation by a small financial oligarchy overshadowing ‘accumulation by expansion’ in the productive sphere. Financialisation becomes the name of the game. Fictitious economy takes leave of real economy and begins to believe in self-regulation and self-reproduction. When the hiatus between the real and fictitious economy becomes unsustainable, the bubble bursts like the 2007-2008 prime mortgage crisis in the US that spread like wild fire to other countries. But the state pumps in trillions of dollars to save financial institutions, which duly resume their nefarious transactions. The outcome of the crisis is further concentration of wealth and power in fewer hands.

The wheels of ideological apparatuses are always churning. They generate and refurbish hegemonic ideologies and make it the ‘common sense’ of the time.

Inequality, unemployment, poverty, despair and hopelessness rise as wealth concentrates in a small minority. Angry masses become cannon fodder on which rising fascist and right-wing feed. In the absence of a feasible alternative, this is the way the masses hit back at neo-liberal excesses.

Neo-liberalism was primarily an ideological assault on radical nationalism and its relatively independent policies. It devastated our social fabric and the neo-liberalisation of our universities destroyed counter-hegemonic, progressive discourses and debates. The University structures were corporatized. Courses lost their integrity as they were semesterised and modularised. Short courses proliferated. Basic research was undermined as policy consultancy overwhelmed the faculty. Knowledge production was substituted by online information gathering. A few resisted but many surrendered. Voices of resistance from staff and students were stifled and suppressed. University authorities spent more on surveillance gadgets to keep students in check rather than on sanitation facilities in dorms to keep students healthy. This campus, once known for its intellectual salience, is today cited for its selective silence. The kind of discourse that I’m indulging in today, I bet, must sound Greek and Latin to our neo-liberal generation of both students and faculty. This is the story of many African campuses.

As a consequence, the rise of “new nationalisms” caught intellectuals by surprise. Neither did they anticipate it nor do they know how to react to it. The knee-jerk reaction on many African campuses – not all of course – has been to join the bandwagon either out of choice or because of lack of choice.

Today we are witnessing an upsurge of fascism, narrow nationalisms and parochialism both in the Centres and in the Peripheries. In the North, rightist parties and formations wave the flag of racism and nationalism against immigrants. Given the electoral victories of the right in recent times, even mainstream center and centre-left parties, fearing the erosion of their electoral base, buy into the anti-immigrant rhetoric.

“New nationalisms” across the global South share certain characteristics, albeit manifesting in different forms and languages, depending on concrete conditions. Some manifestations are undoubtedly progressive but are invariably eclectic.

Firstly, populism speaks in the name of the poor against the poor. Secondly, it privileges ‘God and country’ instead of peoples and nations. Thirdly, it concentrates power and destroys other potential centres of actual or potential power. Fourthly, it seeks legitimacy in “gods and ancestors” rather than its people. Fifthly, it makes fetish of “industrialisation-as-development” while marginalising agriculture and pillorying “development-as-freedom”. In Africa, no doubt, we need industrialisation to develop but development is more than industrialisation. Development, as Mwalimu Nyerere used to say, is a social process of enlarging the terrain of freedom and constricting the tyranny of necessity.

Sixthly, ”new nationalism” mounts a concerted assault on veritable centres of thinking, especially universities. My Indian friends from Jawaharlal Nehru University tell me that Modi’s regime has repeatedly tried to destroy radicalism at JNU, by slapping criminal charges on radical faculty and students, by mounting direct attacks by police on the Campus and by appointing regime’s stooges as vice-chancellors, and so on.

The upsurge of “new nationalisms” is a backlash to neoliberalism gone wild

Seventhly, the anti-imperialist rhetoric of “new nationalisms” is eclectic and selective. It is couched in the language of “they”, the foreigners, and “we”, the indigenous, rather than as an anti-systemic project.

Finally, in Africa, the “new nationalism” is singularly bereft of the Pan-African dimension. This is very much unlike the first wave of nationalism, which was born of Pan-Africanism and tried to keep it on the political radar in spite of its problems and shortcomings. Paraphrasing Mwalimu Nyerere, I would say that African nationalism could only be Pan-Africanism otherwise it becomes “the equivalent of tribalism in the context of our separate nation states.” (Nyerere)

Under the circumstances, it is squarely the social responsibility of intellectuals to construct a counter-hegemonic project that would resonate with the lives of the vast majority. Instead, African intellectuals have reacted to “new nationalisms” by falling back on the ideological rhetoric of bourgeois liberalism, which they know best but which, in my view, falls far short of giving the people a vision and a cause to fight for. The liberal language of political pluralism, social diversity, ideological identity and party politics is, in my view, inadequate and does not touch the hearts and minds of our people. We must always remember that it is liberalism constructed on capitalist foundations that created the soil for the rise of neo-liberalism and its offshoot “new nationalisms” in the first place.

One cannot construct a counter-hegemonic project in the abstract and I do not intend to do so. Such alternatives are built in the course of struggle. By way of conclusion, though, I’d like to suggest for our consideration that any counter-hegemonic project must be based on four building blocks. These are: popular livelihoodspopular participationpopular power and popular rights and freedoms.

‘Popular’ is used in two senses: one that it is anti-imperialist and two, that it is based on a ‘bloc of popular classes’, which together I call working people. The term popular helps us to distance ourselves from populisms emanating from the term ‘people’. The term popular livelihoods does not require any further explanation. Needless to say it has to be based on a people-centered development. (And by ‘people’ I mean working people.)

Popular participation is meant to interrogate the limits of parliamentary and party politics and rethink the institutions of the state. The idea is to posit a new mode of politics. Politics are where the masses are. And masses are in villages and urban ghettoes and neighbourhoods. So popular participation and popular power is meant to re-locate power and politics from the state to villages and neighbourhoods.

African intellectuals have reacted to “new nationalisms” by falling back on the ideological rhetoric of bourgeois liberalism, which they know best but which, in my view, falls far short of giving the people a vision and a cause to fight for.

In popular rights and freedoms I include two fundamental rights and four fundamental freedoms. The fundamental rights are right to human existence to live life with dignity and right to organise means that an organised working people are able to defend their interests themselves through their own organisations – whether these are trade unions, workers’ associations, working women’s organisations, peasant co-operatives or peasant parties. Forms of organisation arise from concrete conditions. People have always been innovative in organising themselves for resistance and for fighting for alternatives.

Four fundamental freedoms are: freedom from want, freedom from fearfreedom from violence (both state and social violence) and freedom from enforced silence – in other words, right to speak out. Time does not allow me to elaborate further on the building blocks of an alternative Project. My aim was simple: to jolt us from the slumber of silence. My hope is – and I’m eternally hopeful – that this type of discourses will morph us from the state of unthinking to the state of thinking.

This article adopted from a Keynote address at the University of Dar es Salaam was first published in Sauti ya Ujamaa on February, 2 2019.

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Prof. Issa G. Shivji is an author and academic, one of Africa's leading experts on law and development and former Mwalimu Julius Nyerere Research Chair in Pan-African Studies of the University of Dar es Salaam.

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Elections? What elections? Abiy is Counting on a Military Victory

Abiy Ahmed’s legitimacy hangs on conjuring up an improbable military victory in the total war he has declared on the people of Tigray.

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Elections? What elections? Abiy is Counting on a Military Victory
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Selected by the ruling party and later appointed by the Ethiopian parliament in 2018, Prime Minister Abiy Ahmed was expected to deliver the long hoped for post-EPRDF (Ethiopian People’s Revolutionary Democratic Front) era. For some of his domestic and international backers, the post-EPRDF era meant the ushering in of political democratization, further economic liberalization, and “post-ethnic” Ethiopian politics. He has failed to deliver on all three counts.

More than ever, Ethiopian politics is bitterly polarized along ethnic lines. Ethnic divisions have split the Ethiopian National Defence Forces (ENDF). Now, Ethiopia has two armies: the Tigrayan Defence Force (TDF) and the Ethiopian National Defence Force (ENDF). Nor is economic liberalization faring any better. In 2020, foreign direct investment (FDI) dropped significantly to US$2.4 billion from US$ 7.1 billion in 2016. Creditors are not more optimistic. The birr has become the worst performer among 20 African currencies following a slump of 11 per cent against the dollar.

After a decade of double-digit GDP growth, Ethiopia is now growing at only two per cent, an economic slowdown Kevin Daly describes as “the shine [having] come off the star in a big way”. Ethiopia’s democratization, which is the focus of this piece, has also stalled, as illustrated by the uncompetitive and non-participatory elections of 21 June 2021.

False start 

Ethiopia’s new leadership was widely expected to spearhead a democratic dispensation in which elections would be freely and fairly contested by all the major political forces in the country. The June 21 election was expected to be both participatory and competitive. It was neither and its outcome was predictable, if not preordained. As everyone expected, the ruling party won overwhelmingly, with some leftover seats going to other parties.

Against the hopes of many, Abiy Ahmed found ways to effectively exclude the real contenders with any chance of defeating the incumbent.

Liquidating the former ruling party and extending the term of office

The first step was to liquidate the former ruling party, the EPRDF, and place the new Prosperity Party in power. The Tigray People’s Liberation Front, one of the core parties forming the EPRDF and currently ruling Tigray, vehemently opposed the formation of the new party, and decided not to join it.

The second step was to postpone the much-anticipated 2020 elections on the pretext of the Covid-19 pandemic. The legality and legitimacy of this decision was fiercely contested, especially by opposition leaders from Oromia and Tigray. Inevitably, those opposition leaders from Oromia with a large following and constituency were jailed or placed under house arrest.  By opting to postpone the election and arresting opposition leaders, Abiy extended his own tenure by using a controversial constitutional interpretation.

Waging war

The third step was waging war on Tigray. The postponement of the election qualifies as one of the triggers of this war. The ruling party in Tigray rejected the postponement, asserting that regular elections are a necessary tool for the exercise of a people’s right to self-determination. Accordingly, Tigray conducted its regional election on 4 September 2020. The election was considered illegal by the incumbent and the federal government cut ties with the Tigray government and suspended the transfer of the regional budget, a move viewed by Tigray as a declaration of war. On 4 November 2020, Tigray was invaded by the combined Ethiopian, Eritrean and Amhara forces.

Subverting the will of the people

These early steps to subvert the will of the people call into question the incumbent’s commitment to a fair and democratic process. Providing a detailed contextual analysis on the state of Ethiopia before the polls, US Senator Bob Menendez and Representative Gregory Meeks said:

Against this grim backdrop, few believe Ethiopia’s upcoming national elections stand a real chance of being free or fair. . . . Prime Minister Abiy and his ruling Prosperity Party have made it clear they intend to continue working from the same authoritarian playbook as their predecessors, squandering Ethiopians’ hopes for the country’s first-ever genuinely democratic elections.

The EU withdrew its earlier decision to send election observers. Though it fell short of denouncing the election, the US government in its statement provided precise reasons why the election would not meet the requisite democratic standards:

The United States is gravely concerned about the environment under which these upcoming elections are to be held. The detention of opposition politicians, harassment of independent media, partisan activities by local and regional governments, and the many inter-ethnic and inter-communal conflicts across Ethiopia are obstacles to a free and fair electoral process and whether Ethiopians would perceive them as credible. In addition, the exclusion of large segments of the electorate from this contest due to security issues and internal displacement is particularly troubling.

The US statement added, “these elections [are conducted] at a time when so many Ethiopians are suffering and dying from violence and acute food insecurity caused by conflict”.

Elections without credibility

The credibility of elections is assessed based on international standards such as those set by the United Nations. Unfortunately, Ethiopia’s recent election does not meet the minimum international threshold of being free, fair, participatory and competitive.

First, this election was conducted during a period of violent conflict that effectively denied the citizens their fundamental democratic rights and the opportunity to participate on an equal basis. Over 100 constituencies in Tigray, Somali, Harari, Afar, and Benishangul-Gumuz, representing well over 18 per cent of parliamentary seats, did not vote. For close to 4 million internally displaced persons (IDPs), this election was a luxury. In Tigray, constituencies in Oromia, Amhara (Oromo special zone and parts of north Shewa), and the border areas of the Amhara, Oromia, Somali and Afar regions face violent conflict. With 7 per cent and 1.7 per cent of the total constituency in Tigray and Benishangul-Gumuz respectively, wars for survival still rage. In parts of Oromia, the region with the largest population and 33 per cent of the total constituency, armed conflict continues. Furthermore, the election was conducted under conditions of pervasive discrimination and profiling based on ethnicity that targeted Tigrayans, Oromos and Gumuz.

The postponement of the election qualifies as one of the triggers of this war.

Second, at the subnational levels and in some urban areas such as Amhara regional state, a few “opposition” parties did manage to win seats. However, in terms of presenting alternative policy options for Ethiopia, these parties failed, as their electoral manifestos were just versions of that of the ruling party. In addition, such results at the subnational level are anomalies, not trends. The trend is the incumbent attempting to re-establish a durable authoritarian regime, this time with a centralizing vision at its core that is diametrically opposed to the federalist vision set out in the current constitution.

Third, this election – like the previous one – was marred by claims of killings, assault, detention, intimidation and harassment of opposition candidates and supporters. In addition, the cancellation of political parties’ registration, litigation, anomalies in voter and candidate registrations, and ballot printing problems have damaged the credibility of the electoral bodies. Moreover, the deferral in holding referenda on requests for state formation in the Southern Nations, Nationalities and Peoples’ Region has stoked discontent. And nor did the media environment allow competitive elections; local media was rigorously censured, and journalists were killed, arrested, and intimidated. International media outlets were not spared either, with the permits of many foreign correspondents cancelled.

It thus came as no surprise when five parties criticised the ruling Prosperity Party for allegedly influencing the electoral process to favour its candidates. The National Movement of Amhara, Ethiopian Social Democratic Party, Afar People’s Party, Balderas for Genuine Democracy and Ethiopian Citizens for Social Justice complained of heavy security and cited a failure to meet minimum standards.

Legitimacy hanging on military victory

Abiy has clipped the wings of democracy. A day after the country went to the polls, and as Addis Ababa enjoyed the fanfare surrounding its “first democratic election”, the Ethiopian army continued its indiscriminate aerial bombardment of Tigray.

Abiy has plunged the country into a civil war that is now spreading from Tigray to other parts of Ethiopia. The war has been manipulated with a view to bolstering Abiy’s popularity and serves as the glue holding his internally fractured support base together. Military victory in Tigray has replaced an electoral win as the litmus test for the legitimacy of his rule.

Yet following the defeat and withdrawal of the Ethiopian army from Tigray, Abiy’s popular base is fast eroding. Now his legitimacy hangs on conjuring up an improbable military victory in the total war he has declared on the people of Tigray. The recent military advances made by the Tigray Defence Forces show that it is not just Abiy who is losing the unwinnable war in Tigray. Ethiopia is also losing its army.

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The Second Sex: Women’s Liberation and Media in Post-Independence Tanzania

Fatma Alloo (of the Tanzania Media Women’s Association) on how women used the media and cultural spaces to organize and challenge gender norms.

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The Second Sex: Women’s Liberation and Media in Post-Independence Tanzania
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Fatma Alloo’s activism grew in the decades following Tanzania’s independence in 1961, when she worked as a journalist under Julius Nyerere, or Mwalimu, the first president of Tanzania; co-founded the feminist advocacy group Tanzania Media Women’s Association (TAMWA) in 1987; and co-founded the vibrant Zanzibar International Film Festival (ZIFF) in 1997. Here, she unpacks how women used the media and cultural spaces for social mobilization and shifting patriarchal norms, particularly in periods where they were marginalized from state power. In the “Reclaiming Africa’s Early Post-Independence History” series, and the Post-Colonialisms Today project more broadly, we’re learning from African activists and policy makers from the early post-independence era, to understand how their experience of a unique period of economic, societal, cultural, and regional transformation can aid us in the present day, when questions of decolonization and liberation are more pressing than ever.

Heba M. Khalil: You have lived through so many changes in so many different political systems, from the Sultanate, colonialism, the Nyerere years; you’ve seen the dawning of liberalism and neoliberalism.

Fatma Alloo: As you say, I’ve been through a lot of “-isms” in Tanzania. The other day I was reflecting that although I grew up under colonialism in Zanzibar, as a child I was not aware that it was colonialism, I was not aware there was a Sultanate. We used to run and wave to the Sultan because he was the only one with a shiny, red car and we used to love that car, a red Rolls Royce. But as I reflect now, I realized that these were the years Mwalimu was struggling for independence in Tanganyika.

Then, of course, as you grow, life takes you on a journey, and I ended up at the University of Dar es Salaam in the 1970s, where the Dar es Salaam debates were taking place. Tanzania hosted liberation movements, and that is where socialism, communism, Marxism, Leninism, Trotskyism, Maoism, and feminism were being debated, and that’s where my consciousness grew, because I was in the midst of it. As the progressive, international community at the university was ideologically fired up by Mwalimu’s socialism, I began to understand that even my feminism had come from the West. Nobody had taught me that women lived feminism on the continent. This realization came when, as a student, I participated in an adult literacy program launched by Mwalimu. As students, we were sent to a rural and urban factory to teach literacy, but I emerged from those communities having been taught instead!

Heba M. Khalil: What do you think the role of women was in Tanzania in particular, but also on the continent, in defining the parameters, the choices and the imagination of post-independence Africa?

Fatma Alloo: Women had always been part and parcel of the independence movement in Africa. In Southern Africa and Tanzania they stood side-by-side with the men to fight, so they were very much part of it. The unique thing about Tanzania was that Mwalimu established a party called the Tanganyika African National Union (TANU), which had five wings with women being one of them. The others were youth, peasants, and workers, so as to mobilize society as a whole.

Post-independence is another story, one that very often has been narrated by men in power. There was a struggle for the visibility of women. I remember the debates in South Africa, where the African National Congress was arguing about the women’s wing wanting to discuss power relations. And there was resistance to this, the party leaders would argue first let’s just get independence, let’s not waste our time, women’s liberation will come later. It was a very bitter struggle, and of course after independence, women lost out quite a bit.

Heba M. Khalil: Why were post-independence power structures and ideologies defeated and replaced at some point by new ideologies of liberalism and, eventually, neoliberalism?

Fatma Alloo: The western media portrays Mwalimu as a failure. He has not failed, from my point of view. The whole issue of national unity is important. Tanzania has been a relatively peaceful country. Why? It did not happen by accident, it had to do with Mwalimu’s policies—he realized he had to deal with profound divisions, and he understood the role of education. Administratively, the nation had been inherited after decades of divide and rule policies. It was divided on racial and religious bases, as Tanzania is half Christian and half Muslim. We could have had a civil war, like in Lebanon, or a tribal-oriented conflict, like in Kenya or Libya. Mwalimu really understood this from the very beginning. I remember when we started TAMWA, when the women came together, we had no idea who belonged to what tribe. He was that successful.

We had free medicine, free education, but of course, all that went away with neoliberalism. My generation remembers this, and I think we have to make sure that the younger generation knows the history of the country, knows the literature that emerged from the continent. In my opinion, of all the contributions of Mwalimu, the most important was the peace and unity—amani, in Kiswahili.

Because Mwalimu was so successful, the West, especially Scandinavian countries, made him their darling. As you know, Scandinavian countries had not colonized Africa much, so people also trusted them and accepted their development aid. Very sadly, it did eat away at the success of Mwalimu with his people, and eventually made us dependent on that development aid, which continues to date. Without development aid we don’t seem to be able to move on anything. We have stopped relying on ourselves.

Heba M. Khalil: What was your experience of organizing during the rapid growth of the mass media sector in Tanzania?

Fatma Alloo: I was very active, first as a journalist in the 1980s and early 1990s, and it was extremely different. We were very influenced by Mwalimu’s ideology and ready to play our role to change the world. Mwalimu had refused to introduce television because, he argued at that time, we did not have our own images to portray, to empower our younger generations. He said if we introduce television the images shown will be of the West and the imperialist ideology will continue. In Zanzibar, however, we already had the oldest television on the continent, and it was in color. When Abeid Karume attained power in Zanzibar in 1964, after a bloody overthrow of the sultanate in power, the first thing he did was to introduce not only television, but community media, so every village in Zanzibar already had these images. But television didn’t come to Tanganyika until 1992 (Mwalimu stepped down in 1986), when it was introduced by a local businessman who established his own station. Until then the state had controlled the media, so history began to change as businesses were allowed to establish media.

I remember I was then in TAMWA and we had to encourage a lot of production of plays and other visuals, for which there was no market before. The radio had been powerful; when the peasants went to the countryside, they would take the radio and listen as they ploughed the land. So, the radio was the main tool that was used to mobilize society during Mwalimu’s era.

The press gave women journalists little chance to cover issues of importance to women. We were given health or children to cover as our issues. Before, Tanzania had one English paper, one Kiswahili, Uhuru, and one party paper. By 1986, there were 21 newspapers, and it became easier for us to really influence the press, and TAMWA began talking about issues like sexual harassment at work. But it was a double-edged sword, because the television stations recruited pretty girls to do the news reading, and the girls also wanted to be seen on television as it was a novelty. So, while we were expanding the conversation on the portrayal of women, here was television, where women were used as sex objects. The struggle continues, a luta continua.

Heba M. Khalil: How are movements trying to achieve change on the continent, particularly youth movements or younger generations, by utilizing media and cultural spaces?

Fatma Alloo: The youth need to develop tools of empowerment at an educational level and at an organizational level. Africa is a young continent, and our hope is the youth. Many youth are very active at a cultural level, they may not be in universities but at a cultural level they are extremely visible, in music, dance, and street theater.

At the moment, you see the pan-African dream has sort of lost the luster it had during independence. Even if you look at the literature of that time, it was a collective dream for Africa to unite—Bob Marley had a song “Africa Unite,” we used to dance to it and we used to really identify with it, and the literature—Franz Fanon, Ngũgĩ wa Thiong’o, Sembène Ousmane, Miriam Ba, Nawal al Saadawi—and also the films that came out. In fact, Egypt was the first country to produce amazing films; when we established the Zanzibar International Film Festival (ZIFF), in our first year we showed a film from Egypt, The Destiny by Youssef Chahine.

Zanzibar International Film Festival was born because we asked the question, “If we in Africa do not tell our stories, who will?” We ask that question particularly to train and stimulate the production of films on the continent, including in Kiswahili, because while West Africa has many films, East Africa lags behind. The festival has been in existence for 21 years. This part of the world has more than 120 million people who speak Kiswahili, so the market is there. We also encourage a lot of young producers and we encourage putting a camera in children’s hands, because from my own experience, children get so excited when they can create their own images. Twenty-one years later, these children are now adults, and they are the directors and the producers in this region. So, one has to play a role in impacting change and liberating consciousness on our vibrant and rich continent.

This article is part of the series “Reclaiming Africa’s Early Post-Independence History” from Post-Colonialisms Today (PCT), a research and advocacy project of activist-intellectuals on the continent working to recapture progressive thought and policies from post-independence Africa to address contemporary development challenges. Sign up for updates here.

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The State of Judicial Independence in Kenya: A Persistent Concern

Judicial independence is Kenya’s last buffer line, stopping the country from degenerating into absolute tyranny. Judicial independence is a collective national good. It will be protected as such. So long as we may have an independent Judiciary, the great interests of the people will be safe.

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The State of Judicial Independence in Kenya: A Persistent Concern
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On Thursday 22 July 2021, Justice Aggrey Muchelule and Justice Said Juma Chitembwe were subjects of arbitrary search, intimidation, and interrogation by the Directorate of Criminal Investigations (DCI) on the basis of unfounded allegations of corruption.

The arrest, coming in the wake of constant and relentless attacks on the judiciary by the Executive and politicians, left a very sour taste in the mouths of many, bearing in mind that nothing was found to implicate the judges upon searching their respective chambers. Let it be clear that NOBODY is above the law  (nemo est supra legis)! Not even the President of the Republic, let alone the judges.

However, there are reasons why there are arguments for special procedures when arresting or dealing with criminal allegations against a sitting judge: the need to preserve the sanctity of the office and the need to manage perceptions with regard to the judicial office. The Supreme Court of India in the case of  Delhi Judicial Service Association v. State of Gujarat  AIR 1991 SC 2176, (1991) 4 SCC 406 recognized the fact that whereas judges were not above the law, certain guidelines had to be in place to guide the conduct of arrest  “in view of the paramount necessity of preserving the independence of judiciary and at the same time ensuring that infractions of law are properly investigated”. The concept of judicial independence, it must be recalled, recognizes not only realities but also perceptions that attach to the judicial office.

Chief Justice Howland in the Canadian Supreme Court case of  R v. Valente  [1985] 2 SCR 673 stated as follows with regards to perception as an ingredient of judicial independence: “it is most important that the judiciary be independent and be so perceived by the public. The judges must not have cause to fear that they will be prejudiced by their decisions or that the public would reasonably apprehend this to be the case.’ There is therefore the need to guard and jealously so, the image of the judiciary such as to manage how the judiciary is perceived by the public.

The unsubstantiated claims of corruption, and knee jerk searches without an iota of evidence does not bode well for the perception of the judiciary as a whole, and specifically, for the individual judges involved whose reputations are dragged through the mud, and needlessly so. There are germane reasons why the arrest of a judge should not be a trivial matter. The deference and respect to a judicial office informs the caution exercised in the conduct of arresting a judge. The judicial office fuses with the person of the holder and therefore it becomes necessary to err on the side of caution.

Indeed, Courts elsewhere have endeavoured to engage cautiously in this exercise of delicate funambulism. The Supreme Court of India in the case of  K. Veeraswami v Union of India and others,  1991 SCR (3) 189  found that a sitting judge can only be undertaken with permission from the Chief Justice or if it is the Chief Justice who is sought to be prosecuted, from the President.

Equally, the Court of Appeal of the Federal Republic of Nigeria in the case of Hon. Justice Hyeladzira Ajiya Nganjiwa V. Federal Republic of Nigeria  (2017) LPELR-43391(CA) held that a sitting judge cannot be prosecuted for offences that would have otherwise been a ground for removal from office.

It is important to note that the grounds for the removal of any judge from office are captured in article 168 of the Constitution of Kenya and they include a breach of the code of conduct and gross misconduct or misbehaviour.

Noteworthy it is to remark that the High Court of Kenya, in laying a principle of constitutional law in the case of Philomena Mbete Mwilu v Director of Public Prosecutions & 3 others; Stanley Muluvi Kiima (Interested Party); International Commission of Jurists Kenya Chapter (Amicus Curiae)  [2019] eKLR ably stated that, “While the DCI is not precluded from investigating criminal misconduct of judges, there is a specific constitutional and legal framework for dealing with misconduct and/or removal of judges.

Consequently, cases of misconduct with a criminal element committed in the course of official judicial functions, or which are so inextricably connected with the office or status of a judge, shall be referred to the JSC in the first  instance.” The cumulative conclusion was that the gang-ho recklessness meted on Justices Muchelule and Chitembwe by an increasingly overzealous Department of Criminal Investigations (DCI) was an affront to judicial independence in its functional sense and also in terms of perception. It was a careless move.

If there is any evidence linking any of the judges to any conduct unbecoming, then out of constitutional edict and commonsensical pragmatism, the first point of call should be the Judicial Service Commission (JSC). The Office of the Chief Justice must also be subject of focus during this unfortunate debacle.

The statement emanating from that office in the aftermath of the unfortunate events of 22nd  July 2021, was at best timid and disjointed. The statement did not appear to reinforce the constitutional principle that judges cannot be arrested over matters that really ought to be addressed by the Judicial Service Commission. The office of the Chief Justice should have done better.

In summary, let it be proclaimed boldly that judicial independence is too precious a public good that it will be protected at all costs. Let it be lucid that incessant interference with judicial independence will not be tolerated from any quarters.

Judicial independence is Kenya’s last buffer line, stopping the country from degenerating into absolute tyranny. Judicial independence is a collective national good. It will be protected as such! And in the words of John Rutledge, a scholar, jurist and the second Chief Justice of the United States of America; “So long as we may have an independent Judiciary, the great interests of the people will be safe.”

This article was initially published at THE PLATFORM For Law, Justice and Society Magazine

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