Uganda’s President Yoweri Museveni came to power in January 1986, at the head of a victorious National Resistance Army rebel movement that had won a bitter five-year guerrilla war.
30 years later, with nearly an equal number of constitutional amendments to extend his stay in power, including lifting presidential term and age limits, he is a man who looks determined to put in another 32 years, if his body allows it. His spirit is certainly very willing.
He has scattered and broken the spirits of his challengers with beatings, harassment, jail and even exile. Until 2005, his grip on power was largely aided by the fact that Uganda was a single-party state, ruled by what Museveni’s government elegantly called the “no-party system”.
Everyone was assumed by default to be included in his ruling National Resistance Movement. It thus followed that there were no ideological differences among them. Therefore, candidates could run for office on the only thing they could conceivably have differences on – “individual merit” (do the people consider you a good or bad woman?).
All that was upended in the late 1990s when Museveni’s former physician in the bush and later party ideologue, Kizza Besigye, broke ranks with the NRM in one of the most audacious political moves of the time in Uganda, and challenged him in the 2001 elections. For Museveni to triumph, it took a muscular vote-rigging effort, and the raising of a militia led by a vexatious colonel to suppress the wave of support that greeted Besigye.
However, Besigye had tasted the forbidden political fruit, and there would be no going back. The country’s rejection of the “no-party” system, and the opposition to Museveni’s 15-year rule couldn’t be denied. Four years later, multiparty politics was restored, but there was a caveat to it: the referendum that introduced pluralism was accompanied by a proposal to scrap presidential term limits.
In late 2005, a senior Museveni aide sat across my editorial conference desk at the Monitor media offices in Kampala, where I was editor. With just the two of us, there was no need to play to the gallery, so we could speak reasonably about the election. He said he had studied the election outcome in some detail, and his conclusion was that Museveni was unlikely to be unseated in the long term by a conventional opposition candidate.
The force that would bring him, and other African strongmen, down, he said, was urbanisation. Even at that point when Museveni had a stranglehold on the country, urban areas, especially Kampala, eluded him. Despite the ruling NRM deploying the most lethal weapons in its vote-cheating arsenal, they had failed to wrestle the capital’s mayorship and the majority of the parliamentary seats around the capital, from the opposition. The bulk of the opposition gains in recent years have all been largely in urban areas.
In late 2005, a senior Museveni aide sat across my editorial conference desk at The Monitor, where I was editor. With just the two of us, there was no need to play to the gallery…He had studied the election outcome in some detail, and his conclusion was that Museveni was unlikely to be unseated in the long term by a conventional opposition candidate.
They were cosmopolitan, more expensive to bribe, more knowledgeable, more demanding of higher value public goods (jobs and housing, not maize seeds like the rural voters might), he noted. Most African governments, he said, either don’t have the financial and policy resources to assuage these urban demands, and where they do, they face entrenched opposition by vested interests, some regime-linked, for them to be effective.
Today, looking at the rising wave of protests over service delivery, cost of living and jobs across the continent from the Cape to Tunis, and Mombasa to Lagos, he could not have been more prescient.
The conventional wisdom goes that Africa has too many young people who are poorly educated, and economies that don’t offer them anything gainful to do so they are angry – especially because the politicians and bureaucrats are stealing the resources that would have gone to creating opportunities. Or they are educated, but still have no opportunities, and so are frustrated and therefore inclined to take down establishments that aren’t working for them.
Indeed Africa’s population has been on the rise over the past 50 years, and over 60 percent of its current 1.3 billion population is below the age of 25. The continent’s youth account for 60 percent of all Africa’s unemployed. This has led to sometimes-apocalyptic declarations of the continent’s youth bulge being a “ticking time bomb”.
If that were the only driver of current unrest in Africa, it would be relatively easy for scrupulous and effective governments to fix. However, it is not.
Rather than just protesting at poor economic conditions, and a bleak future, Africa’s youth are doing much more, and have many in the world frightened. For example, Europeans are afraid of the wave of African migrants, and people of colour in general, driven from their homes by lack of economic opportunities overrunning their cities and taking over their countries, given their declining populations. That fear is rocking the European Union, feeding the rise of anti-immigrant forces.
Rather than just protesting at poor economic conditions, and a bleak future, Africa’s youth are doing much more, and have many in the world frightened.
To be sure, young Africans are on the move. The majority don’t try to negotiate treacherous Mediterranean waters to get to Europe, or trudge through war-ravaged Yemen to get to the Gulf. More than 80 percent of African migration occurs within the continent.
But that is not the only movement they are making. They are also moving from the rural to urban areas, with Africa’s urban population projected to reach 60 percent of the total population by 2050.
They are moving from the analogue to the digital world. By 2017 there were 419 million Africans connected to the internet via mobile broadband, and that number is estimated to hit 1.07 billion by the end of 2020.
They are moving from consuming culture in the real world, to doing so online, with its artists beginning to ride the viral wave in a big way. Davido’s “Fall” in January 2019 became the longest charting Nigerian single in Billboard history, and the first video by an African musician to rack up more than 100 million views on YouTube in December. He was closely followed a few weeks later by Yemi Alade whose hit single “Johnny” pulled her across the line to make her the first female African artist to reach the 100 million views milestone on YouTube.
They long ago moved from watching local to global football. They are abandoning the old hierarchical Catholic and Protestant churches, and signing up to the range of Pentecostal and other independent churches, a few led by charlatan pastors, hawking instant miracles, and direct tickets to paradise. At base, however, they are looking for real life solutions, not to go to heaven.
Davido’s “Fall” in January 2019 became the longest charting Nigerian single in Billboard history, and the first video by an African musician to rack up more than 100 million views on YouTube… A few weeks later Yemi Alade’s “Johnny” pulled her across the line to make her the first female African artist to reach the 100 million views milestone on YouTube.
And, yes, in all African countries except a handful, opinion polls tell us as high as 50 percent to 75 percent of them would like to move as far away from Africa or their home countries as they can.
These actions, aspirations, and shifts are challenging the status quo, borders, and power in non-traditional ways, and they are panicking.
Understandably. If you have millions of your young people speaking their minds freely on social media, without passing through conventional channels such as mainstream media, schools, and churches curated by grown ups who are considered trustworthy guardians, the national project can be imperilled. If you have young people ogling skimpily dressed men and women, or watching pornography, going against longstanding moral codes and the rules about when and how you see the opposite sex naked, it threatens the soul of the republic.
They are listening to all sorts of music, some of it with cuss words, twerking dancers, and simulated sex online.
The establishment is striking back. In Uganda, you have an anti-pornography commission, and a social media access tax that is a sin tax. A similar digital sin tax has been slapped in Zambia, and put on hold after a backlash in Benin. In Tanzania, the joys of blogging will set you back a stiff $900 in fees. In Egypt, social media users with more than 5,000 followers are considered publishers, and are subject to state regulation.
If you have millions of your young people speaking their minds freely on social media, without passing through conventional channels such as mainstream media, schools, and churches curated by grown ups who are considered trustworthy guardians, the national project can be imperilled.
Music is being banned around Africa in record numbers, and musicians like Diamond Platinumz in Tanzania are not even allowed to travel and perform their banned music in more liberal jurisdictions. Countries like Uganda are now considering new rules to censor lyrics, plays, and movie scripts.
Music is being banned around Africa in record numbers.
In other words, an old elite that wants to keep them in the structures that constitute the current states is blocking young people’s movement to alternative political, cultural, aspirational, and virtual worlds. Some of the protests are informed by youth resistance against these attempts by power to control or kill off shifts to their “new world”, as it were.
This mass migration across many aspects of life on the continent represents an old phenomenon in some respects. Like elsewhere, every generation has tried not just to remake their environment to conform to their worldview, but also to claim their share of the national goods.
A time always comes when every national cohort seeks a round of redistribution of the nation’s wealth. It can take different forms, including a chance to unlock natural resources through policy, direct handouts, or a place at the political table.
For the first 40 years of Africa’s post-independence period, it was fairly straightforward. There was independence, and the political and economic freedoms that came with it. Most African countries had relatively small populations, and the prices of the primary commodities they sold in the world market were fairly stable.
A time always comes when every national cohort seeks a round of redistribution of the nation’s wealth.
There was an expansion of education, health, jobs new and old as the colonial officials vacated, the generation that fought for independence and their children were, on the whole, well rewarded. The bar was low.
There were European settler farms, businesses, and Asian stores to parcel out among the new African elite, as in Kenya and Zimbabwe, in the flood of“Africanisation” and nationalization actions in their various forms.
Today, these have run their course. There is little left to steal or expropriate for the current generation. Aid has slowed down, and cheap post-financial crisis capital is no longer flowing.
Chinese money doesn’t travel far to the private sector, largely fattening state bureaucrats and regime affiliated business people.
Post Cold War economic liberalisation either recapitalised a few bankrupt state enterprises, or privatised them to the new elite spawned from the second and third liberation wave. The rest were buried in the graveyard of structural adjustment.
Meanwhile Chinese goods, cheaper and wider in range than the stuff that flowed in from Dubai after 1990, have ravaged artisanal industries, once thought to be immune to globalisation, as has happened in Sudan, compounding strongman Omar al-Bashir troubles.
Post Cold War economic liberalisation either recapitalised a few bankrupt state enterprises, or privatised them to the new elite spawned from the second and third liberation wave.
Besides increasing urbanisation, even in rural areas more and more Africans are moving to live a short distance away from main roads and highways. Just seeing the shiny cars, and the movement on pick-ups and lorries full of goods they cannot afford (mattresses, furniture, beer) radicalises them.
As Zimbabwe has proved, there’s little political capital to be gained from land redistribution. Most people don’t have the capital to work the land profitably. In many cases the soil is tired, trashed by either abuse of fertiliser in the past, or population pressure, and environmental ravages of recent decades that have ravaged its fertility.
On the whole, the cost of expropriation and nationalisation, once popular tools, is too high, because you are no longer grabbing from European settlers or an Asian minority that is afraid to fight back, but your own. You risk a civil war when you do.
The longest period of peace and democracy on the continent has bequeathed us an Africa where the likelihood of dying in a traffic accident is much higher than being killed by a bullet in conflict.
But it also means that it is harder now to get rid of leaders or ruling parties that have entrenched themselves and often rig elections as in Uganda, Togo, Gabon, Cameroon, Republic of Congo, Equatorial Guinea, Djibouti, to name a few.
The longest period of peace and democracy on the continent has bequeathed us an Africa where the likelihood of dying in a traffic accident is much higher than being killed by a bullet in conflict.
The five-to-seven year cycle in and out of power that happened in the coup era is now harder to achieve if you find a determined strongman dedicated to hanging on. Media liberalisation has actually helped dictators, because you cannot seize the state broadcaster and declare yourself the new junta leader. There are dozens, even hundreds of private radio and TV stations, some controlled by regime supporters, who will foil you, as happened in Burundi in 2015 and Gabon earlier in the year.
So we have a war fought on so many fronts. Offering people jobs and money cannot end it, because some of the demands are born of sharp cultural cleavages.
It is complex, because some of it stems from progress: expanded democracy, health, and technology. In turn, the young are threatening the old states in new ways. Previously, the worst was a guerrilla insurgency, and maybe a deadly famine; now it’s urbanisation, digital secession by the youth, and a different kind of imperialism we quite don’t know how to confront – China’s global market communist imperialism. The novelty of it all is exciting and even mildly intoxicating – if you are not a Big Man in an African State House.
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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.
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.
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.
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.
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.
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.
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.
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  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)  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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