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Slaying the Monster: How to Win the War on Corruption in Kenya

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The Judiciary is under sustained assault from the Executive branch of government and buck-passing has come to distinguish Kenya’s war on corruption. Beyond the blame games, there exist opportunities for Kenyans to break the yoke of oppressive corruption and chart a new course towards a liberated future argues WILLY MUTUNGA.

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Slaying the Monster: How to Win the War on Corruption in Kenya
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The social cost of corruption in this country is incalculable. It has emptied our ethical contents, hemorrhaged our economy, corroded and destabilized our politics.  It must be confronted directly and boldly, employing the full panoply of instruments of public education, sanction and restitution. Both administrative and legal measures must be summoned in this fight.

One significant but often ignored truth is that fighting corruption is primarily a political project. The political will leading that fight will only succeed if it is credible. Vehemence, however boisterous and loud; righteous but false indignation, however shrill, are all “a tale told by an idiot full of sound and fury signifying nothing.”

We must ponder. Why did wananchi undertake citizens’ arrest of corrupt officers when NARC (National Rainbow Coalition) came to power? Why did harambees, land allocations and the attendant corruption around public land die during the Kibaki years? If the link between harambees and corruption had long been established (see several Transparency International reports on this subject), why did we resurrect them in 2013, sometimes in total disregard of the law that prohibits public servants from conducting them?

The big question we pose, is do the political elite now leading the fight against corruption have the moral standing sufficient to win public credibility? If they do not then how can they win? My view is the lifestyle audit from the top that was promised a year ago would have come close to conferring that credibility. And that credibility will be long in coming until we clear the dark clouds surrounding issues like Eurobond, the Afya House Scandal, Laptop and Medical equipment leasing to name but a few and make public the sovereign debt for debate.

So, which arm of state is the most corrupt?

This is a false question that is at the core of the blame games being played over the “War on Corruption.”

Over two years ago when I still worked in the Judiciary, Hon Duale, the majority leader in the National Assembly and I, had an interesting spat on Twitter. He had posted a tweet decrying corruption in the Judiciary. I retorted that there was corruption in the Judiciary but not the magnitude found in Parliament. I believe very few people would doubt the enormity of corruption in the Executive and Legislative arms. One only needs to read the Auditor-General reports since independence to confirm this.

Historically, whereas the Judiciary has faced its own independent corruption challenges, part of this problem has been driven by the fact that the Judiciary has been an appendage of the colonial and postcolonial Executive. What is not common knowledge is that until 2010, the Judiciary was closely weaved into the structure and organization of government, listed as a Department of the Attorney General’s Office.

Staff were under the public service and the Judiciary was the place where ‘problematic’ civil servants were banished as punishment.

District Treasuries held Judiciary accounts (some are still in their control even though we began the delinking process). Ironically, since the Judiciary never dared stand up to the Executive, it did the latter’s bidding, but also created spaces for it to shake down litigants, the Judiciary well protected by the Executive in this form of corruption.

The state has always known who the corrupt judicial officers and staff are. The incorruptible ones have had to struggle against the pressure of the Executive and other forces to save their integrity. I believe that is the challenge the Judiciary faces in its quest for integrity and independence. Therefore, the issue is not which of the arms ( of government) is more corrupt but rather how the arms and their organs reflect the integrity and independence decreed by the Constitution.

“War on Corruption” is a National Project

For the “War on Corruption” to be operationally successful, it has to be a national project where the entire justice chain must work in coordination and in concert.  This requires that investigation (police), prosecution (Director of Public Prosecution), and the adjudication (Judiciary) should be seamless, effective, incorruptible, and focus on the national interest.

The National Council for the Administration of Justice (NCAJ), which the Honourable Chief Justice chairs, brings together representatives of the Executive (Attorney-General, DPP, Prisons, Inspector-General of Police) and representatives from civil society and the private sector. This provides the institutional framework for the attainment and monitoring of this objective.

It is the arena where approaches to the fight against corruption should be discussed and any outstanding issues resolved. If NCAJ worked properly, the public altercation that we have seen in this fight would not occur. It is the peer review chamber in the administration of justice where each of the agencies can be held to account.

There has been a consistent policy of blame games by the members of this chain for the administration of justice, that does not serve national interest. The investigations are supposed to be as thorough as the prosecution with the Judiciary promising no delays or compromises in its administration of justice. I believe it was also once suggested that the Inspector-General of Police, through the Director of Criminal Investigations, could utilize the services of the lawyers upfront to make sure that all the relevant and admissible evidence was collected. I believe it was also a practice that once the investigations were complete and the suspects given the chance to respond, the Office of the DPP would peruse the file to make sure the charges taken to court were in order and backed by evidence. Bail applications would be dealt with on this basis and there would be no applications for time to complete investigations, secure exhibits and so on. The NYS criminal prosecution (among others) clearly demonstrates the policies of the NCAJ, are not being adhered to.

The integrity of the organs and institutions in the entire chain for the Administration of Justice is premised on the integrity and independence of such organs and institutions. So who protects their independence? It is the organs and institutions themselves, the citizens, and other arms of state, the corporate sector, civil society and international interests.

All these organs and institutions face pressure from different quarters anyway, including ethnic communities, families, friends and other insidious demands. Politicians and their masters, the cartels and foreign interests, do not support the independence and integrity of these institutions and they seek continuously and consistently to capture and enslave them. Rarely, do they talk about their corruption, and politics of division and inhumanity. Indeed, when politicians attack institutions that have integrity they invariably do great job in guarding the integrity and independence of these institutions. The attacks by politicians can be construed as the frustration and failure on their part in their quest to enslave these institutions.

The Constitutional Oath of Office

Officers in the three arms and all organs of the State  swear to uphold the Constitution. Yet as soon as you are sworn in to serve, this duty seems to be constantly and summarily forgotten. Most politicians have not read the Constitution. If they did why would they argue publicly that one cannot be granted bail when charged with murder? Why would they be quiet about the right of appeal against decisions granting or denying bail? I am quite sure they could get basic constitutional education from the learned lawyers if they chose to be honest about the issue of bail. I have heard the two main ‘hand-shakers’ attack the Judiciary on issues of bail. How will they protect the integrity and independence of institutions if they constantly abuse and disrespect them? It seems using the Judiciary as a punching bag is not restricted to presidential petitions and their outcomes. The independence and integrity of institutions have to be nurtured by a culture of respect and dialogue.

The speeches of President Uhuru and the Right Honourable Raila Odinga in the recently concluded Multi-Sectoral National Anti-Corruption Conference profiled the Judiciary as the weakest link in the “War on Corruption.” It is a clearly predictable critique because the investigatory and prosecution processes are in the departments controlled by the Executive. Indeed, for the entire chain in the War on Corruption to work seamlessly and effectively the Executive must respect their integrity and independence. The Inspector-General of Police and the Office of the DPP must resist compromising their integrity and independence as decreed by the Constitution. Every institution under the Constitution has delegated powers from the Kenyan people. Protecting the human rights of the Kenyan people in the processes of investigating corruption and prosecuting it are cardinal considerations to bear in mind. Investigations and prosecutions must never be selective or politically motivated.

The speeches of President Uhuru and the Right Honourable Raila Odinga in the recently concluded Multi-Sectoral National Anti-Corruption Conference profiled the Judiciary as the weakest link in the “War on Corruption.”

It pains me when I hear Right Honourable Raila Odinga subvert the Constitution by arguing that suspects of murder and corruption must prove their innocence. The Constitution provides otherwise. Indeed, he knows that the provisions on bail in part are historically explained by the trials and tribulations he and other patriots went through in the courts captured by the Jomo Kenyatta-Moi-KANU dictatorships. I was shocked by his proposal in the said conference that suspects must prove their innocence and the courts, notwithstanding the provisions of the Constitution, must deny such suspects bail. President Uhuru, himself a beneficiary of soft bail from an international court that enabled him to run and campaign for office, earlier criticized the courts for giving soft bail terms. We are told that the courts must decide based on the will of the Executive notwithstanding the provisions of the Constitution and the Oath of Office taken by all judicial officers to uphold the Constitution and protect it. I hope that both our leaders never rue the day they uttered these words in the future. An independent Judiciary is critical to all politicians, as is indeed, to all citizens.

What has always surprised me is how those who attack and refuse to nurture the integrity and independence of institutions forget that they need those institutions more than the ordinary citizens. If as a politician or a cartel you enslave an institution, what guarantees you that your enemies, once in the same privileged position as you, will not use the institution against you? In this regard, all politicians and other interest groups should not influence (in any way) the integrity and independence of the Judiciary. They will not have to yell from the rooftops that “money has been poured (sic) or we are being finished” when their turn comes to answer the crimes they have committed. Judiciaries are temples of justice where the oppressed, discriminated, bullied, tortured, and intimidated run to. You do not want to run there and find your worst enemy at the entrance of the temple of justice!

Paying Lip Service to Corruption

Let us not pay lip service to War on Corruption. Let us not be selective in the prosecutions. Let us be consistent in our narratives in support of the War. What became of lifestyle audits that would start from the very top of our political leadership? Why, in the observation of the constitutional values of integrity, transparency, and accountability should we not make accessible all management and loan agreements, and details of our sovereign debt? Why do citizens have to go to court under Article 35 (freedom of information) of the Constitution to get these agreements and details? What is being hidden from the Kenyan public? It is on the basis of this disclosure that we can have a national dialogue on what these debts are, and who will ultimately pay for them.

I believe some are not even legally recoverable.

Under the 2010 Constitution, the State cannot live to its historical reputation of “Siri Kali/Vicious Secret” on matters of finance, security, investments, and the use of people’s resources. Kenyans must still demand the implementation of the Constitution in its entirety in their quest to change our unacceptable and unsustainable status quo.

The War on Corruption in Kenya is also an intra-elite struggle about looting, succession, corruption, and how fruits of corruption are shared. The War is also about struggles between national cartels and foreign interests. Like any other war it is an industry where profits are found in buying elections, oiling the machinery of state violence, and investing the ill-gotten gains internally and externally. The corrupt have no loyalty to any country or relationship. The elite hate the people they rule. How does one view all these merchants of death in any other way? The so-called illicit economy (money laundering, piracy, terrorism, human trafficking, trafficking in human body parts, counterfeit, corruption, wildlife crimes) co-exists with legitimate ones – there is no distinction. Legal corruption (such as exploitation) is a twin of illegal corruption reflected in the illicit economy. Ultimately, a system that puts profits before people controls and owns both legal and illegal corruption.

Under the 2010 Constitution, the State cannot live to its historical reputation of “Siri Kali/Vicious Secret” on matters of finance, security, investments, and the use of people’s resources.

The War on Corruption must extend to foreign interests and forces (economic, social, military, financial, communications and surveillance, the entire system of imperialism of the West and East) if the War is to be won.

What can we do in the short-term?

Political leaderships the world over and the interests they serve (economic, social, military, financial) are the root cause of corruption. The joint control of resources by leaders and their interests mean that only by bringing, by all means possible, leaderships that are alternative to the current ones can we hope to end corruption, or at least start mitigating it.

In the case of Kenya, we are yet to even occupy the vacuum that exists for authentic opposition. Such opposition is the beginning of this struggle. We have many uncoordinated social movements that need to come together in a national convention against corruption and their delegates elect interim leaders to start the People’s War on Corruption.

This will be a national convention by delegates of all social movements and non-baronial parties and their affiliates. I believe there has been enough discussion on the critiques and consequences of corruption on our development. The national convention should collate and coordinate solutions and actions to achieve them. We have various precedents of national conventions. We had one in Limuru in April 1997. There have been other formats like the one adopted by the Kenya Tuitakayo Initiative.

Public intellectuals will definitely play an important role.

We have many uncoordinated social movements that need to come together in a national convention against corruption and their delegates elect interim leaders to start the People’s War on Corruption.

The convention will also draw a four-year program of activities by social movements and parties and the holding of a yearly national convention. It will have sub-committees to deal with specific issues. I believe all these initiatives can be funded by Kenyans. The convention will determine a funding strategy. And there are many more issues to come out of the convention such as its manifesto, ideology, politics, and membership. It is not rocket science.

The time to end the baronial politics narratives that only the rich who can rule this country is now. The time to reject baronial promises on fighting corruption is now.

We need to protect and secure our national resources. Out of these movements, and political parties that are not captured by baronial elites, a national progressive party can be formed to contest political power over the next ten years. The window of opportunity is now. The time for the politics of issues is now. The opportunity for implementing the Constitution, particularly its fundamental pillars are now. The time to end the baronial politics narratives that only the rich who can rule this country is now. The time to reject baronial promises on fighting corruption is now. This can only be done by political formations that will contest political power and wrestle it away from the barons.

Kenya gained its nominal independence because of the Mau Mau War of Independence and the collapse of the British Empire. There followed the second liberation that resurrected multipartyism. There was the third liberation brought about by the promulgation and implementation of the 2010 Constitution. Together with citizens of the world, we must bring about a humane, peaceful, non-violent and non-militaristic planet that is ecologically safe, equitable, The fourth liberation is about consolidating the gains of all these liberations, rescuing their fundamental weaknesses, and bringing the end of baronial rule in Kenya. just and prosperous.

The fourth liberation is about consolidating the gains of all these liberations, rescuing their fundamental weaknesses, and bringing the end of baronial rule in Kenya.

We in Kenya must start our effort for an alternative world. Let us think freedom and emancipation of our country, our continent, and our planet. To do so we must imagine the defeat of the imperialism of West and East. Such a world cannot exist under these current corrupt systems. Our Constitution’s vision is socially democratic and its implementation will put us into the trajectory of the fourth liberation forming the basis of the fifth liberation to come.

The views expressed are personal to the author and do not in any way reflect those the Office of the Former Chief Justice

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Dr Willy Mutunga is a public intellectual and former Chief Justice of Kenya.

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Why Physical Distancing Should Not Become the New (Ab)Normal

Working from home (WFH) certainly has its advantages, but studies have shown that prolonged isolation can have dire mental health consequences. As societies change their behaviour to adjust to COVID-19, they must take into consideration the innate human need for physical interaction.

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Many office workers are celebrating working from home (WFH), which has become the “new normal” in the age of coronavirus and lockdowns. Introverts who hate the prospect of making small talk with colleagues they secretly loathe have welcomed the idea of working remotely from home in their pajamas and setting their own work schedules. Those whose working experience was considerably diminished by office politics find that it is much easier to ignore these politics on Zoom.

WFH certainly has its advantages. Time spent commuting to work (which in Nairobi can be as long as two hours due to the city’s horrific traffic jams) can now be spent working. This is good for the environment, which is already choking from vehicular fumes, and for productivity. I have worked from home for several years and find that I am more productive at home because I spend less time getting dressed for work, travelling to work, and conducting idle chitchat with colleagues, time that is essentially wasted. Twitter has already told its employees that they can work from home for the rest of their working life at the company if they choose to do so.

With the advent of WFH, it has also become evident that showing up at work is not the same as working. Many of us have worked in places where it is not clear what work people actually do or why they were hired. Their output appears negligible or insignificant, but because they show up at work, it is assumed that they are working. With WFH, managers might be more diligent about monitoring “deliverables” (NGO-ese for outputs) by employees. After all, if you say you are working from home, and cannot show what you did, then it becomes clear that you are not actually working.

However, before we throw out our office suits and slip permanently into our comfortable bedroom slippers, we might consider this: the majority of essential workers in this world still have to go to work and make physical contact with human beings to earn a living. Doctors, nurses, retail store managers, food vendors, hawkers, need to physically interact with the people they serve. No WFH for them.

For those of us who were already working from home before the pandemic and lockdowns started, the new normal might appear like the old normal, but it is not for one simple reason – this lockdown is enforced; it is not voluntary. People working from home can decide when to go out and socialise to recharge their batteries or to make human contact; now that option no longer exists or is restricted.

Studies have also shown that while many women prefer the flexibility of working from home, a majority find that leaving the house to go to work is actually therapeutic. A survey by Gallup, for instance, found that two-thirds of working women liked the “social aspect” of their jobs. Working from home alone doesn’t provide the social contact and camaraderie that an office can provide.

There are other disadvantages of WFH and using online platforms to communicate with colleagues. As Jennifer Senior wrote in the New York Times recently, “Remote work leaves a terrible feedback vacuum. Communication with colleagues is no longer casual but effortful; no matter how hard you try, you’re going to have less contact – particularly of the casual variety – and with fewer people”.

Senior says that it would also be a mistake to assume that toxic office politics will not find its way into the WFH space. “They [office politics] are much easier to navigate if you can actually see your colleagues – and therefore discern where the power resides, how business gets done and who the kind people are”, she wrote.

When the home becomes a battlefield

The lockdowns around the globe are also testing marriages and giving rise to mental health problems that are breaking up families and leading to increased domestic violence. As the war against the coronavirus pandemic accelerates, another kind of pandemic is raging across the world. Reports indicate that violence against women has increased since lockdowns have been enforced in various countries, and that women are bearing a disproportionate burden of taking care of their families.

United Nations Secretary-General, Antonio Guterres, raised the alarm recently when he stated: “Over the past weeks as economic and social pressures and fear have grown, we have seen a horrifying global surge in domestic violence”. He noted that “violence is not confined to the battlefield”.

According to a recent UNWomen report, “COVID-19 and Ending Violence against Women”, in France reports of domestic violence increased by 30 per cent since the lockdown on 17 March. In Argentina, emergency calls on domestic violence cases increased by 25 per cent after the lockdown on 20 March. In Cyprus and Singapore, helplines registered an increase in calls by 30 per cent and 33 per cent, respectively. Demands for emergency shelter for domestic violence victims have also been reported in Canada, Germany, Spain, the United Kingdom and the United States.

“As stay-at-home orders expand to contain the spread of the virus, women with violent partners increasingly find themselves isolated from the people and resources that can help them”, says the report. “The surge in COVID-19 cases is straining even the most advanced and best-resourced health systems to the breaking point, including those at the front line in violence response”.

“It’s a perfect storm”, said the CEO of one British charity. “Lockdowns will lead to a surge in domestic abuse, but also severely limit the ability of services to help”.

In many countries where there are few services for victims of domestic violence, or where reporting physical abuse, especially by an intimate partner, is difficult, women are trapped in a vicious cycle. In situations where healthcare services are already over-stretched, women victims of domestic violence are also less likely to seek medical attention.

The closure of schools has also placed enormous pressure on women, who tend to be the main caregivers in families. For women who are poor, and who live in cramped housing, the pressures can be overwhelming. With stay-at-home children and a spouse who has either been let go at work, or who cannot work because of the lockdown, the home can become a pressure cooker ready to explode. Men who feel more insecure due to their unemployment status are likely to take out their frustrations on their wives. Sometimes this can result in physical violence, even murder, as has been reported in Kenya, where there appears to be a surge in intimate partner violence, sometimes resulting in death.

The looming mental health crisis

In my view, the idea that self-isolation and working remotely from home should be accepted as the new normal is terribly misplaced for one simple reason: human beings are wired to be social animals, and depriving them of social contact has dire psychological consequences. WFH advocates fail to consider that humans have an innate need to physically interact with other humans.

There is a famous experiment conducted by the American psychologist Harry Harlow that is often cited to underscore the above point. Harlow’s work with primates, particularly infant rhesus monkeys, showed why isolation can be detrimental to human development. His experiments showed that when baby monkeys are taken away from their mothers and raised in a laboratory setting, they start engaging in disturbing behaviour, including self-mutilation. It didn’t matter how well fed the monkeys were, their need for maternal comfort and love proved more critical to their development than their need for sustenance. The infant monkeys placed in cages did not thrive; some held in prolonged captivity even died. The experiment highlighted the importance of maternal care and touch in infant development. Those who believe that hugs, cuddles and handshakes are gestures that will no longer be tolerated in a post-COVID world might want to refer to Harlow’s groundbreaking work.

Johann Hari also highlights the importance of social contact in his book, Lost Connections: Why You’re Depressed and How to Find Hope. Hari, a journalist who had been on anti-depressants for years (without much success) embarked on a journey to find out why depressed people remained depressed even after years of taking drugs or undergoing therapy.

He found that depression is not so much a clinical condition that can managed with the right medicine, but essentially a social disorder whose cure lies in connecting with other like-minded people. He found that depressed people are not only more likely to feel lonely, but also tend to feel insecure. They have few friends and little social interaction.

Despite the proliferation of social media and the billions of “friends” on Facebook, an alarming number of people around the world are reporting being both lonely and depressed. Hari found that social media cannot compensate for the psychological loss of social life. He quotes the biologist E.O Wilson, who said that “people must belong to a tribe” to thrive. People must feel a sense of community and have friends they can count on. This involves physical interaction.

Unfortunately, our modern world has made connection and a sense of community harder to achieve. Social media has replaced physical contact; online shopping has replaced the pleasure of physically touching an object before buying it; the neoliberal capitalist world order has made it much harder for people to form relationships that have nothing to do with money. This has severely impacted the mental health of societies.

The social cost of rising inequality

The world has also become far more unequal, with a handful of people and corporations owning most of the world’s wealth, and a large majority eking out a living from paycheck to paycheck, and with few prospects of owning a home. An Oxfam report released last year showed that in 2018, the 26 richest people in the world had the same net worth as the poorest half of the world’s population, or 3.8 billion people. In addition, the wealth of 2,200 billionaires increased by 12 per cent in 2018 while the wealth of the poorest half decreased by 11 per cent.

Studies have found that millennials are less likely to own their own homes during their lifetime than their parents and grandparents. This is partly the result of the “gig economy”, which has become the new normal, with young people taking on short-term contractual jobs rather than more secure long-term employment that can provide things like health insurance and pension schemes. While the gig economy has been lauded by some for offering people more flexibility and variety in the kinds of jobs they do, it also has several disadvantages, the primary one being lack of financial security, which has led to mounting uncertainty, particularly among people approaching middle age.

The COVID-19 pandemic and subsequent global recession is likely to increase inequality in an already highly unequal world. With more people losing their jobs or earning less, the gap between rich and poor is likely to widen. This has mental health and social consequences.

In their groundbreaking book on inequality, The Spirit Level: Why Greater Equality Makes Societies Stronger, Richard Wilkinson and Kate Picket show a strong relationship between inequality and mental illness. The researchers found that highly unequal societies tend to have a higher incidence of depression, obesity, drug addiction, and violent crime than societies that are more equal. One reason for this is that in societies that place a high value on having money and possessions, people who judge themselves through this value system are more at risk of depression and anxiety.

Highly unequal societies also tend to value competition more than cooperation. They tend to be individualistic and materialistic. Hence, they tend not to take care of the “public good”, and so are less likely to invest in good quality and affordable healthcare and education, or in things that have no commercial value, but which are essential for the well-being of societies, such as public parks and social security systems. This affects the overall mental health of people living in these societies.

Human beings need other human beings to survive and thrive. They need to cooperate and make physical contact with others. WFH and self-isolation are already impacting the mental health of people. If physical distancing and self-isolation become the norm in the long term, then hospitals might reduce the number of coronavirus patients, but mental asylums and counselling services will become overwhelmed. In poor countries, where psychological counselling is a luxury, expect more violent crime, suicides and drug and alcohol addiction. The new normal will, in fact, become the new abnormal.

While there is no doubt that social behaviour will be impacted by the pandemic in the short term, it would be a tragedy if human beings shut themselves off permanently from other human beings in the long term. As I have tried to show, long-term self-isolation is neither healthy nor desirable. The emotional and social costs are simply too high.

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My Black Is (Not) Beautiful: The Complex History of Skin Lighteners in Africa

As in other parts of the world colonised by European powers, the politics of skin colour in South Africa have been importantly shaped by the history of white supremacy and institutions of racial slavery, colonialism, and segregation.

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My Black Is (Not) Beautiful: The Complex History of Skin Lighteners in Africa
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Somali-American activists recently scored a victory against Amazon and against colorism, which is prejudice based on preference for people with lighter skin tones. Members of the non-profit The Beautywell Project teamed up with the Sierra Club to convince the online retail giant to stop selling skin lightening products that contain mercury.

After more than a year of protests, this coalition of anti-racism, health, and environmental activists persuaded Amazon to remove some 15 products containing toxic levels of mercury from its website. This puts a small but noteworthy dent in the global trade in skin lighteners, estimated to reach US$31.2 billion by 2024.

What are the roots of this sizeable trade? And how might its most toxic elements be curtailed?

The online sale of skin lighteners is relatively new, but the in-person traffic is very old. My book Beneath the Surface: A Transnational History of Skin Lighteners explores this layered history from the vantage point of South Africa.

As in other parts of the world colonized by European powers, the politics of skin color in South Africa have been significantly shaped by the history of white supremacy and institutions of racial slavery, colonialism, and segregation. My book examines that history.

Yet, racism alone cannot explain skin lightening practices. My book also attends to intersecting dynamics of class and gender, changing beauty ideals and the expansion of consumer capitalism.

A deep history of skin whitening and skin lightening

For centuries and even millennia, elites in some parts of the world used paints and powders to create smoother, paler appearances, unblemished by illness and the sun’s darkening and roughening effects.

Cosmetic users in ancient Mesopotamia, Egypt, Greece, and Rome created dramatic appearances by pairing skin whiteners containing lead or chalk with black eye makeup and red lip colorants. In China and Japan too, elite women and some men used white lead preparations and rice powder to achieve complexions resembling white jade or fresh lychee.

Melanin is the biochemical compound that makes skin colorful. It serves as the body’s natural sunscreen. Skin lighteners generate a less painted look than skin whiteners by removing rather than concealing blemished or melanin-rich skin.

Active ingredients in skin lighteners have ranged from acidic compounds like lemon juice and milk to harsher chemicals like sulfur, arsenic, and mercury. In parts of precolonial Southern Africa, some people used mineral and botanical preparations to brighten—rather than whiten or lighten—their hair and skin.

During the era of the trans-Atlantic slave trade, skin color and associated physical differences were used to distinguish enslaved people from the free, and to justify the former’s oppression. Colonizers paired pale skin color with beauty, intelligence, and power while casting melanin-rich hues as the embodiment of ugliness and inferiority. Within this racist political order, where small differences carried great significance, some people sought to whiten and lighten their complexions.

By the twentieth century, mass-produced skin lightening creams ranked among the world’s most popular cosmetics. Consumers of commercial skin lighteners included white, black, and brown women.

In the 1920s and 1930s, many white consumers swapped skin lighteners for tanning lotions as time spent sunbathing and playing outdoors became a sign of a healthy and leisured lifestyle. Seasonal tanning embodied new forms of white privilege.

Skin lighteners became cosmetics primarily associated with people of color. For black and brown consumers, living in places like the United States and South Africa where racism and colorism have flourished, even slight differences in skin color could have substantial social and political consequences.

The mercury effect

Skin lighteners can be physically harmful. Mercury, one of the most common active ingredients, lightens skin in two ways. It inhibits the formation of melanin by rendering inactive the enzyme tyrosinase; and it exfoliates the tanned, outer layers of the skin through the production of hydrochloric acid.

By the early twentieth century, pharmaceutical and medical textbooks recommended mercury—usually in the form of ammoniated mercury—for treating skin infections and dark spots while often warning of its harmful effects. Cosmetic manufacturers marketed creams containing ammoniated mercury as “freckle removers” or “skin bleaches.”

When the US Congress passed the Food, Drug and Cosmetics Act in 1938, such creams were among the first to be regulated.

After World War II, the negative environmental and health consequences of mercury became more apparent. The devastating case of mercury poisoning caused by industrial wastewater in Minamata, Japan prompted the Food and Drug Administration to take a closer look at mercury’s toxicity, including in cosmetics. Here was a visceral instance of what environmentalist Rachel Carson meant about small, domestic choices making the world uninhabitable.

In 1973, the FDA banned all but trace amounts of mercury from cosmetics. Other countries followed suit. South Africa banned mercurial cosmetics in 1975, the European Economic Union in 1976, and Nigeria in 1982. The trade in skin lighteners, nonetheless, continued as other active ingredients—most notably hydroquinone—replaced ammoniated mercury.

Meanwhile in South Africa

In apartheid South Africa, the trade was especially robust. Skin lighteners ranked among the most commonly used personal products in black urban households. During the 1980s, activists inspired by Black Consciousness and the “Black is Beautiful” sentiment teamed up to make opposition to skin lighteners a part of the anti-apartheid movement.

In the early 1990s, activists convinced the government to ban all cosmetic skin lighteners containing known depigmenting agents—and to prohibit cosmetic advertisements from making any claims to “bleach,” “lighten” or “whiten” the skin. This prohibition was the first of its kind and the regulations immediately shuttered the in-country manufacture of skin lighteners.

South Africa’s regulations testify to the broader anti-racist political movement from which they emerged. Thirty years on, South Africa again possesses a robust—if now illicit—trade in skin lighteners. An especially disturbing element of the trade is the resurgence of mercurial products.

South African researchers have found that over 40 percent of skin lighteners sold in Durban and Cape Town contain mercury. Mercurial skin lighteners tend to surface in places where regulations are lax and consumers are poor.

The activists’ recent victory against Amazon suggests one way forward. They took out a full-page ad in a local newspaper denouncing Amazon’s sale of mercurial skin lighteners as “dangerous, racist, and illegal.” A petition with 23,000 signatures was hand-delivered to the company’s Minnesota office.

By combining anti-racist, health, and environmentalist arguments, activists held one of the world’s most powerful companies accountable. They also brought the toxic presence of mercurial skin lighteners to public awareness and made them more difficult to purchase.

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

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Not Yet Uhuru: Why Postcolonialism Doesn’t Exist in France

It is no longer shocking to witness the prejudice among French institutions and intelligentsia against Africa and Africans.

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Not Yet Uhuru: Why Postcolonialism Doesn’t Exist in France
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Racism and exclusion have always been at the heart of France’s neocolonial project in Africa. What is new, however, is the pervasive and active discursive process of making invisible, and therefore containment, of the violent reality of France’s policies and its devastating consequences for France’s racialised citizens as well as the African populations on the other side of the Mediterranean. Today it is important to consider what France has become: to slightly stretch the words of philosopher Herbert Marcuse, a one-dimensional society where repressive and exploitative forces of domination and injustice that have been at the heart of France’s national consciousness challenge any possibility of a genuine vision of change.

It is no longer shocking to witness the prejudice among French institutions and intelligentsia against Africa and Africans. The state, the media, and the academy in France actively embody the role of new agents of state neocolonialism to reject any resistance against racism and Islamophobia through complex methods of containment and abstraction.

Race blindness for instance becomes an effective tool to safeguard the neocolonialist foundation of France’s state apparatus and contain any possible threats to its national consciousness. As writer Lauren Collins observes, “There is a common belief that there cannot be racism in France because in France there is, officially, no such thing as race. The state, operating under a policy of “absolute equality,” does not collect any statistics on race or ethnicity.” By doing so, the state apparatus in France ignores its racialised and ethnic citizens and represses their rights to be fully acknowledged.

State neocolonialism in France has been impregnated in its national consciousness to the extent that its networks of domination and dehumanization have blurred the traditional distinctions that are made on the basis of colour and between racialised and ethnic citizens emigrating from Africa. In France, to draw upon Fanon’s analysis that racism is fundamental to the economic structures of capitalism, the political infrastructure is also a superstructure: you are French because you embody France’s state neocolonialism, you embody France’s state neocolonialism because you are French. The French state no longer presupposes certain racial and aesthetic characteristics of the ideal citizen: Black African intellectuals and brown Maghrebi media pundits can also be incorporated as new agents of state neocolonialism. In contemporary France, Africans are not othered and excluded on the basis of race, ethnicity, or colour, but rather on the basis of their politics, culture, and religion.

When Emmanuel Macron, the French president, decided in October 2019 to share his views on immigration and Islamophobia, he chose the far-right magazine Valeurs Actuellesdeclaring that “the failure of our (economic) model coincides with the crisis of Islam” and adding that this crisis leads to the emergence of more radical forms of political Islam. Macron criticized a demonstration in support of the right to wear veils as “non-aligned Third-Worldism with Marxist tendencies” (he used the word “relents,” which can be translated to hint or trace, but also to stink or stench). This interview was published a few days after a mosque shooting in Bayonne, in south-west France. No terrorism offenses were brought by the French government against the white shooter.

The media’s complicity overwhelms any possibility of a meaningful public debate. At its basic form, the process of invisibilisation in a one-dimensional society involves the dispersal of productive energies through diversion and abstraction so to ensure that a revolutionary momentum is as unattainable as the end of capitalism itself.

This complicit relationship between the media and the state in France is carefully exposed in Serge Halimi’s Les Nouveaux Chiens de Garde (translated to The New Watch Dogs, 1997-2005). Halimi, the chief editor of Le Monde Diplomatique, lays down a seething critique of a “capitalist” press and media in France that are heavily influenced by the elite interests of politicians and powerful corporations and likely to manufacture propaganda to serve their agenda.

This is exemplified by the controversial debate in France around returning works of African art, stolen during colonial times, to the continent after the publication of the report by the French historian Bénédicte Savoy and the Senegalese economist and writer Felwine Sarr, and commissioned by Macron, which recommends to cancel the project of long-term loan of items to African museums and to support the full and unconditional restitution of the looted heritage back to Africa. The glaring discrepancies in reporting the ambivalent position of the French Minister of Culture, Franck Riester, a right wing politician, regarding the return of the stolen artifacts to Africa highlight the dangerous complicity between state institutions and the media in France. There were two opposing reports of this event: on the one hand, major French media outlets celebrated the efforts of the French government to return 26 works of art to Benin. Radio France International, for example, chose the title: “Restitution of works of art in Benin: France goes a step further” while Libération opted for: “Restitution of works in Benin: Paris says it works for a quick return.” But once we dive into these articles, we are faced with the many approximations and “possible scenarios” under which France will actually return the art. The conditional supplants the affirmative, and what remains is the strong belief that much has been left unsaid.

On the other hand, The Art Newspaper, a leading global art magazine, commented differently on the same event: “France retreats from report recommending automatic restitutions of looted African artefacts” ran the article. Here, what is emphasized is the strong opposition of France’s powerful gallery owners and art collectors against any form of permanent restitution and the pressure they put to change the “restoration without delay” decision into a “temporary return.” The new scenario, according to the minister’s comments, refers now to a temporary “exhibition dedicated to the diversity, complexity and aesthetic richness of these works” that will be held, not in Africa, but across France this summer as part of Macron’s highly publicized event entitled “Africa 2020.”

While most news outlets in France continue to briefly comment on the ongoing debate between supporters and critics of Savoy-Sarr report on the restitution of African art, The Art Newspaper insisted that “the report made international headlines, recommending the restitution of African artifacts in French museums, but the country has not returned a single item to Africa.” A year after the publication of Savoy-Sarr recommendations and Macron’s promise for a quick return, “neither the 26 pieces from Benin nor indeed the 90,000 other Sub-Saharan artifacts in French museums” have been returned to Africa.

What is often dismissed from the debate on the restitution of African heritage is the capacity of the French president to secure political and economic gains while asserting the hegemonic power of France over its neo-colonies. Macron accepted to temporarily return El Hadj Omar Tall’s sword to Senegal for a period of five years during another highly publicized ceremony, and at the same time he persuaded Macky Sall, the Senegalese President, to sign a new, multi-hundred million euro contract “for the construction of three offshore patrol vessels for the Senegalese Navy.” Again, there is nothing new here: as Sally Price reports, “[R]estitution is part of a two-way interaction, based on inequality and demanding something in return.” However, Macron successfully manages to obscure this inequality through a highly-calculated, affective, and Africa-friendly communicative strategy.

In France, as the old world is dying and the new is waiting to be born again, a specific breed of pseudo-intellectuals highjacks the public discourse to further promote a republicanism of inequality and exclusion. Among white French intellectuals, the complexity of the postcolonial field is often reduced to a corrupt discursive technology of deceptive arguments, false readings, and deliberate confusion. It is unconceivable to think of a public debate about, say, the case for reparations.

Whenever I am faced with the abysmal state of postcolonialism in France, I remember how Carina Ray, associate professor at Brandeis University, at a panel on the racial politics of knowledge production in November 2018, described the state of African studies in Europe: There are still issues that are “so 1940s and 1950s.” “White Europeness” has made it difficult to bring new perspectives on the postcolonial question. As she put it blatantly: it is a disaster.

The dangerous pseudo-intellectualism of Bernard-Henri Lévy, Alain Finkielkraut, Éric Zemmour, Raphaël Enthoven, Michel Houellebecq, Renaud Camus, Robert Ménard, and others – the list is absurdly long – has caused a permanent damage to any possibility of a qualitative change. There is no pause here: these figures have always been central to France’s neocolonial project of domination and exploitation.

As Marcuse writes, “The most effective and enduring form of warfare against liberation is the implanting of material and intellectual needs that perpetuate obsolete forms of the struggle for existence.” The omnipresence of Lévy, Finkielkraut, and Zemmour in public discourse in France is meant to turn meaningful propositions of liberation into obsolete forms of insignificant punditry.

In an infamous manifesto signed by 80 figures of the French intelligentsia such as the reactionary Alain Finkielkraut and published in 2018 postcolonialism was deemed “a hegemonic strategy” that attacks the ideals of republican universalism, and it involves “the use of methods of intellectual terrorism reminiscent and far exceeds what Stalinism once did to European intellectuals.”

What is often recurring in these incendiary attacks on postcolonialism among the white French elite is this amalgam of postcolonialism with the North American scholarship. There is the tendency to believe that postcolonial studies, an interdisciplinary field of inquiry and activism, is due above all to the contributions of the American and Anglo-Saxon schools to the developments of its theories and practices. When the existing tensions between France (and Europe) and the United States on issues of knowledge production and cultural superiority is taken into consideration, one is inclined to consider that their attacks against postcolonialism are a deep and irrational fear of hegemonic American interventionism.

The view of postcolonial thought as a universal, progressive praxis that has been forged by the struggles of the peoples of the South is dismissed. The fundamental thrust of postcolonialism as moving beyond racial and identity issues to rethink also political, cultural, and utopian ideals is attacked. While the Americans and others have grasped that, in a world in flux, we cannot afford not to be postcolonial, France’s established networks of neocolonial power continue to dismiss postcolonialism as unpatriotic and as a homogeneous threat.

Faced with Finkielkraut’s racist and misogynist attacks during a televised debate, Maboula Soumahoro, the activist and chair of the Black History Month in France, was succinct in her reply: “Your world is ending! You can be panic struck as long as you want, it’s over!”

Meanwhile, the complicity between the political, media and cultural institutions in France continues to silently enforce the state neocolonialism against the African diaspora. The death of Zineb Redouane, the islamophobic attack against a French Muslim women by a white far-right politician during a school trip with her son and other children to the regional parliament in eastern France, the outrageous and ignorant falsehoods made-up by a white French writer about slavery, the racist mural of Hervé Di Rosa in the National Assembly, the decision of the French government to backtrack on the full and permanent restitution of stolen works of African art, and France’s murky role in Libya’s ongoing civil war are all visible signs of a pervasive state of neocolonialism that dictates the violent relationship between France and Africa.

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