The truth of the hunt, it is said, will never be fully known until the lion tells its story. This is particularly useful in the context of international development; the stories that get told tend to focus on the deeds of the “hunters” – in this case, the international do-gooders — that led to whatever outcomes they desire to highlight. The saying certainly holds true for the development of solar energy in Africa, because the coverage too often tells of expat social entrepreneur efforts to spread the technology. Intentionally or not, these Western actors ignore the work done by local players — the “lions”, who actually built the sector.
To better understand both sides of the story of solar in Africa, a global perspective of solar and the forces that drive demand is useful. Today, the worldwide solar energy sector is valued at more than $100 billion annually. In 2018, over 100 GW of solar power systems were installed. Yet despite enormous resources on the continent, less than two percent of this solar capacity was installed in sub-Saharan Africa. Africa is, in fact, a backwater for solar investments.
Today, the worldwide solar energy sector is valued at more than $100 billion annually. In 2018, over 100 GW of solar power systems were installed…less than two percent of this solar capacity was installed in sub-Saharan Africa.
Globally, solar electricity’s growth spurt came after 2000 when the German government supported the energiewinde program and Chinese production of solar modules ramped up in response to sharp spikes in demand. Since the late `90s, solar power projects in developed countries have mostly been grid connected and large scale. Early on-grid developments occurred in Germany and California, where today millions of homes have rooftops covered with solar panels. All over the developed world and in China and India, fields of modules produce gigawatts of power on sunny days. However, though production is over 100 GW per year today, it wasn’t until 2003 that global production surpassed 1 GW per year.
While millions of modules were installed in the global North, on-grid solar’s potential was almost entirely ignored by African governments. It was seen to be too expensive, unsuited for grids plagued by instability, a novelty without a real future. Africa’s power sectors were not ready to experiment with solar, so the line went. But after 1995, in order to placate post-Rio environmentalists, a number of World Bank and UN Global Environment Facility solar projects were set up to fund off-grid rural electrification. If the inattention delayed progress in African on-grid solar by decades, these small projects play an important, if largely undocumented, role in the global solar energy story: they stimulated the use of solar by rural people.
It wasn’t until 2003 that global production surpassed 1 GW per year.
Africa’s different solar path: Solar for Access
Well before grid connected programs were launched in the North, African entrepreneurs were selling off-grid and small-scale solar systems targeted at rural projects and consumers. This goes all the way back to the early days of solar, long before the technology was financially viable or available for grid power.
Today, in Kenya, Uganda and Tanzania, if measurements are made by percentage of households with solar power systems, many rural parts of these countries have a much higher absolute penetration of solar products than Northern countries. Surveys of Kenya and Tanzania populations show that penetration rates surpass 20 percent of all rural households. But the systems in Africa are much smaller and, until recently, of much less interest to the mega green investors that today drive the industry. Depending on who is telling the story, there are different versions of how such high penetration rates among rural populations have been achieved.
Well before grid connected programs were launched in the global North, African entrepreneurs were selling off-grid and small-scale solar systems targeted at rural projects and consumers.
All of the industry actors would agree on a few fundamentals. First, 600 million people lack access to electricity in sub-Saharan Africa. For the small amounts of energy these populations use — in the form of kerosene, dry cells and cell phone chargers — they thus pay a disproportionately high portion of their incomes.
Secondly, the massive funds to roll out rural grid investments for un-electrified populations are neither available to African governments nor the multilateral groups that support grid electricity development. Conservatively estimating grid connection at $500 per household, it would cost in the order of $50 billion dollars to distribute grid electricity to the continent’s unconnected rural population. And this does not include the generation and transmission infrastructure.
Because of these costs, and the lowered costs and technological improvements made in off-grid solar over the past decade, the World Bank, investors, donor partners and the private sector agree that off-grid solar energy is the best way to quickly cover a large portion of un-connected dispersed African populations. Nevertheless, governments still focus their budgetary outlays on grid-based electrification. Their spending has largely ignored the viability of off-grid solar power for rural electrification.
Conservatively estimating grid connection at $500 per household, it would cost in the order of $50 billion dollars to distribute grid electricity to the continent’s unconnected rural population.
Finally, as more and more investors line up to finance the solar electrification of off-grid Africa, all players agree that it is the private sector that has done and will continue to do the heavy lifting to provide solar electricity to rural consumers.
It is here that the story diverges. Who should be given the credit for the widespread use of rural solar in Africa? And, more importantly, how should future investments be made in the sector? The answer depends on who you ask.
The African Pioneers
Off-grid systems were a critical part of worldwide solar sales early on and many ended up in Sub Saharan Africa.
But these days, this remarkable story of the early players is not often told.
In the 1970s, though still expensive, solar became cost-effective for terrestrial applications (as opposed to NASA satellites). In Africa, national telecoms and international development players began using solar to power off-grid applications such as repeater stations, WHO vaccine refrigerators, communication radios in refugee camps and later, lighting in off-grid projects. Solar panels and batteries replaced generators — and the need to expensively truck fuel to remote sites. Because of this demand, traders in cities such as Nairobi began to stock and sell solar systems for these specialized high-end clients.
In the 1970s… on the back of pioneer demand, a lucrative market opened up when television signals spread across cash-crop growing regions of East Africa.
On the back of pioneer demand, a much more lucrative market opened up when television signals spread across cash-crop growing regions of East Africa. Rural people with coffee and tea incomes realized that they could power black-and-white “Great Wall” TVs with lead acid car batteries. Especially in Kenya, traders selling DC TVs quickly realized that car batteries could be charged with solar panels. Since they already had strong rural distribution networks, they added solar to their rural lines and a new industry selling, solar systems, TVs, lights and music systems was born. In the 1990s, East Africa’s off-grid solar market was a small but important slice of global solar demand.
After 1995, when Nairobi traders such as Animatics, NAPS, Telesales, Chloride Solar and Latema Road shops introduced lower cost 10-watt modules and 12-volt lights to the market, demand increased exponentially. Hundreds of technicians were selling systems to rural farmers and teachers. By the turn of the century, this market pioneered by African traders was selling — and even financing — tens of thousands of single panel solar systems per year in off-grid areas of Kenya, Tanzania and Uganda.
These established businesses exploded with the emergence of cell phone markets in the mid-2000s. Suddenly, millions of rural cell phone owners needed a cheap, convenient way to charge their phones. Distribution chains, with over-the-counter sales of solar electric systems already in place, simply added the required kit for charging phones to the wares they offered. Cell phone charging, a business worth tens of millions of dollars per year, tied into the groundwork laid by small retail indigenous companies and businesses. By 2005, enterprises had sprung up in rural areas all over East Africa that were selling these systems — and village SMEs were charging cell phones, video-cinemas and kiosk refrigerators with solar.
Business exploded with the emergence of cell phone markets in the mid-2000s.
Difficulties arose as demand grew. Competition brought poor quality and counterfeit products. Dodgy traders, a lack of skilled technicians and insufficient consumer awareness began to spoil the market. Without standards or regulatory systems in place to police the industry, the reputation of off-grid solar suffered. In those early days, uneducated consumers bought poorly-designed systems and were discouraged. The reputation of solar, especially among policy makers whose energy priorities lay elsewhere, was badly tarnished.
Enter the international development community
Recognizing a market of over 600 million off-grid people, multilateral and national aid agencies (World Bank, DFID, GIZ) realized the potential of solar to support energy access. They saw that rapid changes in technology were making off-grid solar more viable. Prices of solar modules were falling. Super-efficient LED lights were becoming available. Solid state-of-the-art electronic controls, inverters, dc appliances, lithium-ion batteries and well-designed products were coming into the market. These changes, together with rising awareness, did much to improve the choices of consumers.
In 2008, the World Bank and its investment arm, the International Finance Corporation, set up Lighting Africa to support the development of off-grid solar. Lighting Africa raised awareness of solar among African policy makers, developed quality standards and laid the groundwork for corporate investment in solar companies. It stimulated a transition of the sector from NGO/donor domination to foreign investor-based models. By developing a platform that recognized the enormous opportunities for solar businesses, Lighting Africa helped roll out standards for the sector, grew in-country awareness and stimulated investment in a new generation of off-grid solar companies that designed truly innovative products. It also helped set up a trade group — the Amsterdam-based Global Off-Grid Lighting Association, GOGLA — for companies selling approved solar products.
In 2008, the World Bank and the IFC, set up Lighting Africa to support the development of off-grid solar. Lighting Africa raised awareness of solar among African policy makers, developed quality standards and laid the groundwork for corporate investment in solar companies. It stimulated a transition…from NGO/donor to investor-based models…and stimulated investment in a new generation of off-grid solar companies that designed truly innovative products.
Lighting Africa did much to bring on board local policy makers, to help improve equipment quality and to increase market size. With the involvement of the donor partners, investment flooded in and new players, predominantly Western, entered the market. Companies such as D.Light, Greenlight Planet (owner of the Sun King brand), Solar Now, Bright Life, fosera, Mobisol and Solar Kiosk brought innovative high-quality products and services. The new generation of companies revolutionized consumer choice by using professional product designers, manufactured in China and elsewhere in South East Asia, sophisticated business models and Silicon Valley investment to roll out. An industry that had largely been indigenous and self-financed had become an opportunity for big money international investors.
The disruptions accompanying the arrival of Lighting Africa were felt almost immediately. Newly agreed quality standards mostly worked for manufacturing companies with deep pockets. Companies located further down the supply pyramid — the ones near the consumers, and which had built the markets — were by and large shut out as the big money began to flow in. As far as the donors and impact investors were concerned, there were two categories of players; their money would target the first, the international manufacturers. These were the established disruptors, represented by GOGLA members and led by savvy expat social entrepreneurs from Europe and the USA.
The other category, which GOGLA now described as the “grey market”, is composed of “thousands of small businesses and technicians in Africa”: local traders, rural wholesale dukas, small-scale integrators, technicians, import-exporters, ambitious lone wolf entrepreneurs. This group, grappling with the day-to-day of basic survival and incapable of preparing grant proposals for donors or business plans for impact investors, is largely unrepresented in the international conversation. It was this group, rightly or wrongly, that was held responsible for market quality problems that, according to the new narrative, the GOGLA members would solve.
The disruptions accompanying the arrival of Lighting Africa were felt almost immediately. Newly agreed quality standards mostly worked for manufacturing companies with deep pockets. Companies located further down the supply pyramid — the ones near the consumers, and which had built the markets — were shut out as the big money began to flow in.
If the positive product and marketing innovations of Lighting Africa and GOGLA members demonstrably benefitted millions of rural consumers, their market disruption also affected the ‘grey market’ players. In donor-supported conferences, convened mostly in the West, where energy access is discussed, the narrative is that the African solar industry passed from locals to international social entrepreneurs. Even if the international social entrepreneurs had the best intentions of serving African consumers, they were also strategically positioning themselves to win the hundreds of millions of dollars of grant and impact investment finance that was coming to the sector. And everything changed with Pay As You Go.
The Birth of PAYG
Pay As You Go (PAYG) was developed on the back of mobile money. Simply put, PAYG systems are small off-grid solar systems with embedded SIM cards that enable companies to remotely collect incremental payments from consumers. The embedded SIM card can accept payments, monitor the solar system and switch it off if payments are not made. The spending history of each PAYG customer can also be tracked online, much in the same way that credit card customers are tracked.
This group, faced with day-to-day survival and incapable of preparing grant proposals for donors or business plans for impact investors, is largely unrepresented in the international conversation.
When Nick Hughes, one of the developers of M-Pesa for Vodacom, Safaricom’s UK parent company, looked to the future he saw how mobile credit among poor consumers would enable them to access a variety of products. He recognised that solar electricity for phone charging, TV and lighting would be the most sought after rural product. With Jesse Moore, he established M-Kopa Solar. Once they tested their product, M-Kopa launched outlets in Kenya, Tanzania and Uganda, where solar demand was already well-developed.
The difference between PAYG and over-the-counter sales is that PAYG can reach a lower strata of customers and, importantly, the business can be scaled. PAYG enables companies to collect payments from thousands of Base of the Pyramid (BoP) customers — and it enables consumers in turn to finance systems over much longer time periods.
When Nick Hughes, one of the developers of M-Pesa for Vodacom, Safaricom’s UK parent company, looked to the future he saw how mobile credit among poor consumers would enable them to access a variety of products.
Before PAYG, virtually all transactions in solar were cash over the counter. The PAYG business model had the potential to disrupt the old model in the way that cell phones invalidated landlines. Payments could be tracked on-line in real time. Once PAYG technology was in place and investible models established, hundreds of millions of dollars of investment flowed into off-grid companies.
Donors had funded the pilot experiences and multilaterals had established the financial and policy framework for off-grid energy access. Now international patent capital could be enthusiastically invested in PAYG solar. Indeed, since 2015, on the order of a billion dollars of impact investment has been placed in PAYG companies in Africa. M-Kopa Solar alone has attracted well over $100M in venture capital and grant money. They are not alone. Others include Off-Grid Electric (now Zola, in Tanzania, Rwanda, Ghana and Ivory Coast), Fenix (Uganda, Zambia), Mobisol (Tanzania, Rwanda, Kenya), Azuri and others.
The PAYG business model had the potential to disrupt the old model in the way that cell phones invalidated landlines.
Taken together, these PAYG companies have connected millions of customers and brought much needed resources to the energy access sector. The point of this article is not to belittle their accomplishments. In fact, building PAYG companies can only be done with deep pockets, good planning and strong teams. To succeed, companies must build market share quickly and raise multiple rounds of investment. Though PAYG players start as technology and marketing companies, they quickly become finance providers. Snowballing cash demands force PAYG companies to pass through what some call a financial “Valley of Death”. Before they have enough revenue to support a viable business, they have to spend millions on equipment and sales staff to expand their base. It is a risky, high-roller business.
Competition is stiff. Many consumers are unwilling to pay the extra costs of branded PAYG products and will regularly privilege price over international standards. In fact, most products being bought in Africa are not from GOGLA members. Shops operating in “Buy-em-Sell-em” trading streets stock a large array of equipment, much of it substandard. Moreover, PAYG companies that finance Base of Pyramid customers can lose them at any time. Drought, political disturbance or economic downturn will shut down income streams. When there is no money in the economy, vulnerable populations simply stop paying bills for solar gadgets.
Since 2015, on the order of a billion dollars of impact investment has been placed in PAYG companies in Africa.
A further problem faced by PAYG companies is that their products provide electricity services unsuited to the elastic needs of rural families. A typical PAYG solar kit comes in a neat box with a 20W module, a few lights, a charger and a battery. A consumer might be happy with such basic light and cellphone charging service initially, but consumer needs and aspirations evolve quickly. A consumer that wants a 20W system one month might desire a system twice that size six months later. The boxed set units sold by PAYG companies struggle to grow with the aspirations and needs of much of their customer base.
Today, despite the potential of the PAYG model to scale, many of the first generation of companies are in trouble, languishing in the face of ruthless competition and the challenges described earlier. In 2017, Off Grid Electric, a company that pledged to electrify one million Tanzanians, virtually pulled out of their foundation country and rebranded to attract more rounds of desperately needed finance. In Kenya, M-Kopa had to downsize and restructure its business in late 2017. Smaller companies in less lucrative markets also struggle to scale. Fenix, the largest player in Uganda, was able to avoid financial issues by selling majority shares to the global utility company Engie.
Few if any investors are making financial returns on their investments.
Despite the potential of the PAYG model to scale, many of the first generation of companies are in trouble…
In a way, the PAYG players want to have their cake and eat it too. They claim that they offer quality products and they like to say that their data-based business model is best able to deploy resources to the 600 million ‘base of the pyramid’ consumers unserved by the mainstream energy market. Their complaints, mostly to do with quality, are directed at the ‘grey market’. But they are the first in line for Western grant money and super easy-term financing to grow their companies. At international conferences, almost exclusively convened in the West, it is their polite, white faces that own the conversation.
African Traders in the Over the Counter Market Still Dominate
PAYG entrepreneurs do not acknowledge a self-evident truth: the so-called “grey market” is the market. In Africa, for bicycles, sofas, consumer electronics, dishware and roofing tiles, there has always been a range of products for consumers to choose from. Providing consumers with choice is what drives capitalism — those companies that provide the best choices for consumers at the best prices win out. The market for off-grid products was never being ruined by poor quality products any more than the market for cell phones was. Consumers learn, traders improve their product offering and manufacturers innovate.
PAYG entrepreneurs do not acknowledge a harsh truth: the so-called “grey market” is the market.
Today, the same local traders that built the supply chains in the 1980s and `90s still dominate the consumer off-grid solar market. But they do not feature in the international solar discussion. Their sales are invisible to consultants and undercounted in global reports (The GOGLA annual report, now the sectors’ bible, does not count the “grey market” and off-handedly considers it a threat to the “quality” market).
Rural people buy most of their solar from grey market traders. I’ve followed markets and conducted field research in Africa for 20 years and have the data to back it up. In Tanzania, a 2016 national census indicated that over 25 percent of the rural population own some type of solar device – this is more than a million PV systems installed almost exclusively by “grey market” traders. Recently, when conducting demand surveys in Uganda’s Lake Victoria islands, I found that 80 percent of the island populations had purchased solar systems from over-the-counter traders — virtually none had PAYG systems. In Zambia, I conducted surveys of 20 off-grid villages and found that upwards of 60% of households had grey market solar systems. In Kenya, Somalia and Ethiopia, the story is the same.
Of course, Chinese solar modules and batteries dominate over-the-counter trade. But local manufacturing also plays a major role. Kenyan battery manufacturer Chloride sells on the order of 100,000 lead acid batteries per year to the off-grid market. Its partner Solinc, which manufactures 6MW of solar modules per year in Naivasha, provides its modules to Kenyan, Ugandan, Tanzanian and Rwandan over-the-counter players in the region. This commerce, of course, is driven by hundreds of traders and solar technicians.
The driving force for the success of local traders is rural consumers. Rather than being “manipulated” by unsavoury traders, consumers have absorbed lessons; they have become more shrewd. Over decades, they have learnt about solar products and, in true do-it-yourself fashion, they have become better able to put solar systems together. They value price and short-term functionality over quality. They understand that when they want larger systems, over-the-counter players are more responsive to their needs than PAYG sellers. OTC traders can provide larger systems for growing households at a lower cost. In short, rural retailers and their largely Chinese suppliers are still more responsive to consumer needs than PAYG companies. And they are lighter on their feet.
In 2019, solar is holding its own against grid-based rural electrification. Off-grid solar is growing because the technology has numerous advantages over grid extension. If governments have been slow to invest in solar for rural households, rural consumers are voting with their pocketbooks. Solar systems work, there is an infrastructure to supply and rural consumers understand the technology.
Expat social entrepreneurs, using impact investment and international aid assistance, advanced the international agenda for off-grid solar, raised financing, developed new technology and innovated new business models. But despite hundreds of millions of dollars of investment and grant aid, PAYG companies are still losing to local players. Why? Rural traders move more product because they inhabit the markets they work in.
In a market of 600 million consumers, there is plenty of room for different business models and players across the supply chain. But the untold story of local solar traders raises a number of questions about how we should build the coming solar industry.
First, is the issue of ownership and funding opportunities. Many here are uncomfortable with the idea of an industry predominantly owned and controlled by foreigners, even if they are well-intentioned social entrepreneurs. For each successful expat social entrepreneur, there are 20 local entrepreneurs equally capable but lacking support to finance even a modest start-up. Much more can be done to level the playing field for local start-ups if these budding players are given the opportunities that have been handed to PAYG pioneers.
Second is business size. Decentralized and off-grid power is exciting because it democratizes opportunity and lowers entry costs for small players. East Africa is a region where small and medium sized entrepreneurs create the biggest opportunities and drive dynamic economies. Investor interest in scalable businesses worth hundreds of millions of dollars is driven by greed, not by common sense. Smaller players would make for a more exciting and lively solar sector. There is no reason why scores of million-dollar companies shouldn’t be supported in a healthy sector, instead of one or two behemoths.
Finally, planners should reconsider the policy focus which has thus far trained the solar market on poverty alleviation and energy access. Base of the Pyramid off-grid electrification is a race to the bottom. Unless the same subsidies that underwrite most grid-based rural electrification is made available, off-grid BoP solar will remain too risky for real finance. In Africa people are moving into cities and looking for urban-based opportunities. Many who are concerned about climate change know that getting solar on-grid and into urban energy planning will do far more to fight climate change than off-grid solar. These small-scale on-grid opportunities are where the real long-term future for solar is in Africa.
Why #EndSARS Matters in an Era of Increasing Militarisation and Repression
In Nigeria, protests against police brutality are mounting. In Kenya, however, new security laws that undermine police and military accountability are being passed.
The death of George Flyod in the United in May 2020 mobilised a global response around racialised police brutality. The manifestation of racism in policing in the US struck a chord across the world because it recuperated conversations on structural racism across Europe in particular. Europe had opportunistically argued that the nature of racism in the US was unique because of slavery. In this process, European countries set aside their colonial histories to elide responsibility for vestiges of structural racism left in former colonies, embedded in contemporary global economic and political systems and existing within their territories today. The rise of neo-nationalist and fascist political parties across Europe offers the starkest reminder of the folly of racism denialism.
At the height of the Black Lives Matter protests, I was asked why “Africans are not protesting in solidarity”. There was an implicit assertion in these comments that because Africans were not on the streets en masse at a time when COVID-19 restrictions had just been instituted, conversations on policing and security are not a well-developed site of activism, policy influencing and scholarly work in Africa. The comments also reflected ignorance of the fact that a critical security analysis would show how colonial pasts have shaped policing and militarisation of the continent today.
The ongoing #EndSARS protests in Nigeria foreground the similarities in the architecture that shaped the Black Lives Matter movement and the #SayHerName campaign, which raises awareness about the often invisible names and stories of black women and girls who have been victims of racist police violence The similarities here lie in the regimes of carcerality that shape how black people are policed globally. Carcerality refers to the collision of ideological, economic and legislative initiatives that develop punitive frameworks to inform how governments understand, use, respond to, and create “crime”. Massive financial investments in law enforcement, surveillance technology and a commitment to aggressive punishment regimes form part of this framework. Carceral regimes are always racialised, gendered and classed, and driven by a logic that large sections of the population need to be violently managed through the regularisation of securitisation regimes, ostensibly to protect the privileged.
As we hold space for Nigerians agitating for better ways to govern their security and safety, I turn to Kenya to draw similarities to these carceral regimes. The central argument here is that we cannot delink the conversations to defund the police in the US and #EndSARS in Nigeria from broader debates around increasing militarisation across African countries as part of a claim to dealing with insurgent groups. The convergence between increased security expenditure, surveillance and domestic policing occurs in contexts (as I have argued elsewhere), where the socio-economic conditions that impoverish the majority remain ignored by the political class while security expenditure is ramped up. The contradiction between increasing resources to criminalise and incarcerate people impoverished by government policies rather than curb the conditions that create a lack of freedom, safety and security is stark.
Securitisation and militarisation of Kenya
In chronicling the legislative amendments and tracing the accompanying increases in security expenditure in Kenya, I offer a window into how governments develop and sustain paramilitary and/or policing units that operate extrajudicially. Parliaments, as primary sites within which these laws are passed, and the politicisation of security generate the power for units such as Nigeria’s Special Anti-Robbery Squad (SARS) to act outside the law.
Kenya’s military expenditure rose to Sh121.82 billion in 2019, up from Sh116.19 billion in 2018. This is a rise from the 2018/19 spending of Sh109 billion to Sh121 billion. In 2017, the Kenya government received, Sh1 billion worth of drone equipment to help with anti-terrorism surveillance. This increased expenditure occurs against the backdrop of legal amendments in 2015 that increased the role of the Kenya Defence Forces (KDF) in domestic security and that removed the role of Parliament in providing parliamentary oversight on the budget and functions of KDF and the requirement for the Defence Cabinet Secretary to report to Parliament. The amendments also gave the chief of the defence forces the authority to deploy KDF in civilian operations and established an auxiliary reserve force comprising forest guards and the National Youth Service to be deployed alongside KDF in situations of emergency, unrest and disorder.
The convergence between increased security expenditure, surveillance and domestic policing occurs in contexts where the socio-economic conditions that impoverish the majority remain ignored by the political class while security expenditure is ramped up.
This increase in military expenditure and legislative cushioning is extended to the militarisation of the police through the modernisation programme. In 2017, the government unveiled 500 police vehicles, including 25 mine resistant personnel carriers and 30 armoured personnel carriers, which were to be deployed to various “hot spot areas”. During the 2017 general elections, paramilitary units, such as the General Service Unit (GSU), the administration police and the Kenya Wildlife Service, used excessive lethal force to disperse protests mainly in opposition areas, which led to loss of life.
The range of security amendment laws in Kenya undermine accountability measures embedded in the 2010 constitution that were aimed at rectifying a history of police brutality under a broader climate of repression. For example, the 2014 omnibus of Security Laws (Amendment) Act, which included the Prevention of Terrorism Act, was passed with limited public participation. The Act imposes exorbitant fines and prison sentences that impact the freedom of the press and independence by making it harder to expose and criticise human rights violations by security forces and by prohibiting the public broadcasting without police permission information “that is likely to undermine security operations”. The Act also places restrictions on freedom of assembly and association in a context characterised by government hostility to non-government organisations. Within these amendments, the National Intelligence Service (NIS) Act expanded the powers of the NIS to arrest and detain suspects, to carry out covert operations, to search and seize private property, and to monitor communications in any act that poses a threat to national security without a court warrant. These are provisions that closely mirror UK and US counterterrorism laws.
These amendments have also watered down the oversight responsibilities of the Independent Policing Oversight Authority (IPOA), which was established in 2011 to provide independent oversight of the police by conducting investigations, audits and monitoring. The 2015 Statute Law (Miscellaneous Amendments Bill) amends section 14 of the Independent Policing Oversight Authority (IPOA) Act by limiting access to information and evidence against rogue officers. It effectively reduces IPOA’s power to check police excesses and places its investigative capabilities in the hands of the police command. Further power was handed to the President to remove the chairperson or members of IPOA by sidestepping the need for a recommendation from a tribunal, thereby concentrating power in the Executive and the presidency.
As calls to hold the Nigerian government accountable get louder, we should equally pay attention to the commonalities in the policing architecture across Africa and the logics that underpin them. We should also track the international financial and training resources that go towards security sector reform and modernisation projects across Africa. It is in a broader conversation about transnational security regimes – which criminalise, securitise and police through “othering” – that effective transnational solidarity and collective action can emerge.
Climate Politics: The Grand Plan to Save Forests Has Failed
Communities that live and work in African woodlands must become central to conservation efforts.
At the 13th Conference of the Parties (COP 13) in 2007, parties to the United Nations Framework Convention on Climate Change (UNFCC) agreed to a grand plan to use forests to “save the world” from the climate change crisis. Reducing emissions from deforestation and forest degradation in developing countries (named REDD+) was born out of the recognition that forest conservation can significantly reduce greenhouse gases (GHGs). The premise for REDD+ is straightforward: tropical forests are the world’s lungs, storing roughly 25 percent (300 billion tons) of the planet’s terrestrial carbon dioxide—a greenhouse gas. However, since 1990, more than 420 million hectares of forests have been chopped down to make way for farms, housing and shopping malls, releasing carbon dioxide into the atmosphere and reducing the storage capacity of the forests.
REDD+ proposes a simple solution. Developed countries do not want developing countries to “make the same mistake” of forest-dependent economic development and so are willing to compensate developing countries for this “lost opportunity.” For example, the US cleared up 90% of its virgin forests between 1600 and 1900 on its way to industrialization. As part of reducing their emissions, rich countries and their corporations can help “save” a tropical forest and claim the resulting carbon credits. Practically saving or conserving a forest could mean funding for the conversion of forests into protected areas, paying local communities to move from forest-dependent livelihoods to alternative livelihoods, or a focus on conserving forests and tree species—like Grevillea robusta, Pinus radiata, Spekboom or Eucalyptus—that are good for the capture of carbon but of little tangible value to local communities.
While the rationale and mechanism of REDD+ seem straightforward, the implementation and the results have been unsatisfactory and mired in controversy. Twelve years of REDD+ have been unable to significantly reduce deforestation. In places like Mai-Ndombe in the Democratic Republic of the Congo (DRC), REDD+ has failed to both halt deforestation and benefit local communities. While architects of the program, who mostly reside in the West, are concerned with clean air and greenhouse gasses, custodians of the majority of the forests in developing countries, including indigenous people and forest-dependent communities, are thinking about where the next meal will come from.
As part of my research on Malawi, for example, I have shown that forests are important for the nutrition of forest-dependent communities. Such custodians of the forests, however, were not fully involved in the design of REDD+, nor its implementation on the ground. As Abdul-Razak Saeed and others pointed out, “while communities were engaged in the REDD+ projects, their engagement was often in an ad-hoc fashion. Decisions were taken before communities were consulted to gauge their reaction.” In Peru, local communities were only consulted after the project was approved, while in Kinshasa, projects were developed before being shared with communities.
At the core of the REDD+ are neoliberal and corporate-friendly ideas. These ideas are aimed at evading the problem caused by the real polluters by creating a market for carbon to continue to extract profits unabated. Africa as a whole only contributes 3% to GHGs. REDD+ is functioning as a form of governance—a particular framing of the problem of climate change and its solutions that validates and protects the ways of life of capitalism while marginalizing the lives of forest dependent communities and shifting the development trajectory of the developing countries away from what most developed nations did. It is, as others have labeled it, “CO2loniasm.”
As many critics have argued, REDD+ secures the property rights of global North fossil fuel users while maintaining the opportunities for corporate profit over forest-dependent communities. REDD+ in this context is part of a longer history of neoliberalism, which represents the marginalization of vulnerable groups of people similar to conservation projects, and where success is measured by the number of locals who can be persuaded with money to give up their livelihoods, birthrights, and other forms of identity that are heavily interwoven with forests. These communities have to take up other ways of life that can save the forest beyond what would be required to make the community carbon neutral for the benefit of Western elites.
As some projects that have been implemented under REDD+ have shown, the negative impacts on indigenous and forest-dependent people are rampant. For example, in the DRC, which is one of the early experimental sites with several projects, researchers found that the projects were leading to land grabs. Another example is in Uganda where a Norwegian company bought huge tracts of land to plant fast-growing plants. However, the commercial plantations in this project barred local households from harvesting any timber or other NTFPs, resulting in loss of income for the entire community.
Furthermore, REDD+ links forest conservation and more than one billion people who depend directly on forests to global carbon markets—exposing them to volatile commercial power structures. The communities would be at ransom to the price of carbon and the vicissitudes of the financial sector. Whenever the price of carbon increases, the demand for carbon credits rises in tandem pushing more people out of their traditional lands and ways of life.
Solutions arrived at in the big conference halls of the West, implemented in developing countries without the full participation of the people, are bound to fail. New ideas that explicitly involve the forest-dependent communities are imperative. Ongoing research by the Center for International Forestry Research (CIFOR) on the impact of REDD+ initiatives on community livelihoods highlights the need for policies that respond to the unique ways that local communities use their forests. As Alain Fréchette of the Rights and Resources Institute notes, “strong indigenous and community land rights and a clear understanding of who owns forest carbon are vital prerequisites for climate finance to succeed in its goals of reducing poverty and protecting forests.”
“To succeed, these projects must include the communities that have managed these forests for generations,” says Chouchouna Losale of the DRC’s Coalition of Women Leaders for the Environment and Sustainable Development. Western countries will have to face the grim reality that saving the world from the climate catastrophe will not come from African countries, but by addressing the source of the greenhouse gases within their boundaries. African governments need to protect the marginalized and have the right to determine their own path to sustainable development. This will happen when negotiations are balanced and inclusive. For example, a pilot REDD+ project in Nepal was billed as successful because it fully involved the national and community level institutions in decision making and forest conservation. As the authors of the study reported, “participating communities were enthused…and met more frequently to make community decisions related to forests.”
The Role of Kenyan Civil Society in Democratic Governance
Kenyan civil society has played a critical role in holding the State to account and in promoting a human rights-based approach to governance.
In defense of democracy, human rights and the rule of law is the motto of conscientious human rights defenders. A human rights defender is any person fighting for a cause to improve the well-being of human beings or to correct a violation to human dignity or breach of law for remedy. Human rights are rights that belong to everyone simply because they are human beings. By belonging to everyone it means that every person is a holder of these rights and they may not be taken away or denied because of a person’s social or economic status. Human rights are universal. They belong to everyone. They are interrelated, interdependent and indivisible. No right is greater than the other.
The primary obligation to promote and protect human rights rests with the State. However, every individual, and other non-State actors also have the responsibility and duty to respect the rights of his or her fellow human being. It is vital that in the establishment of a human rights culture that no one is excluded and that the most vulnerable are included. For democracy to prevail, it is imperative that it reaches every citizen. It is often said that it is easier to struggle for democracy but more difficult to sustain it.
This is critical especially in situations where people have limited respect for and trust in the government. The world is facing the greatest test – the COVID-19 pandemic. It is my personal experience that pandemics or upheavals in countries and societies have always had serious consequences to human trights democracy and rule of law. In most cases, such occurrences exacerbate existing human rights violations. It is the moment when human rights defenders in their active and vibrant civil society are necessary to hold the State accountable, especially because the State capitalises on such calamities to grab more power and cause egregious violations.
A new United Nations report on the global response to COVID-19 has noted the central role of a human rights-based approach to the pandemic. “This is not a time to neglect human rights; it is a time when, more than ever, human rights are needed to navigate this crisis in a way that will allow us, as soon as possible, to focus again on achieving equitable sustainable development and sustaining peace,” stated the report. This is a time when, more than ever, government needs to be open and transparent, responsive and accountable to the people they are seeking to protect. Civil society organisations, particularly grassroots community-based organisations, are better placed to reach exposed populations quickly and in ways that factor in the specific sensitivities of each community and that ensure that critical information reaches diverse segments of the society.
Perhaps the biggest challenge that human rights defenders and civil society in general have faced during this pandemic is the State taking advantage of the pandemic to grab and consolidate more power. States have turned COVID-19 into a security matter, giving themselves enormous powers to curtail crucial freedoms and rights while remaining covertly opaque in their decision-making processes. This poses a dilemma for civil society on how to respond while being sensitive to the public’s concerns.
Who constitutes civil society?
In my own understanding, civil society is not what many Kenyans see as particular individuals and/or the organisations they work for. No! Civil society should been seen in the context of the heterogeneity of an entire range of organised groups, individuals, and institutions that are independent of the state, voluntary, and at least to some extent self-generating and self-reliant. This includes those individuals and organisations that the majority of Kenyans see as the being the civil society, as well as independent media, think tanks, universities, and social and religious groups.
To be part of civil society, such individuals and groups, formally or informally, must have respect for the rule of law, for the rights of individuals, and for the rights of other groups to express their interests and opinions, and must also exercise tolerance and the accommodation of pluralism and diversity of ideas and formations.
States have turned COVID-19 into a security matter, giving themselves enormous powers to curtail crucial freedoms and rights while remaining covertly opaque in their decision-making processes.
There is consensus that civil society in all its different formations and characters needs to ensure its own legitimacy, openness and transparency. Legitimacy stems from several sources:
Firstly, from a strong moral conviction, through acting on the basis of universally-recognised rights and freedoms of speech, assembly and association to articulate public concerns that are inadequately addressed by the government.
Secondly, from a political and civic legitimacy or credibility, through approval of the community or constituency represented by the voluntary association, asserting people’s sovereignty and community control.
Thirdly, from competence or performance legitimacy, by delivering results through being closer to local reality than governmental institutions, helping to bridge a government-community gap and promoting social cohesion.
Fourthly, from legal recognition, although laws may prevent truly independent civil society from functioning, or formal registration may undermine rather than enhance their reputation.
And finally, and most importantly, from the legitimacy that comes from accountability and transparency in its work.
A strong civil society is one in which voluntary formations are effective and strategic organisations that work cohesively in influential networks or coalitions in an environment governed by civil norms, such as respect, reciprocity, tolerance and inclusion. Such norms promote open discourse and citizens’ engagement in informed dialogue.
A narrow view of civil society results in a failure to develop civil society organisations that keep the government in check and nurture democratic practices and values as a multi-generational effort. A broader view of civil society requires cultural and attitudinal changes to help people understand, support, and protect civil society organisations as representatives of their interests. Yet goverments are able to keep replenishing and tapping good ideas and brains to help them overcome citizens’ pressure. Civil society, which is facing very turbulent times on many fronts, will have to become more innovative in enabling collaboration and improving practices in order to remain relevant and effective in influencing public policy. It cannot remain conventional with the same traditional approaches.
In my view, there are several important principles to follow in seeking to strengthen civil society. Firstly, it is critical to start where civil society is: measures to strengthen its capacities need to be based on local needs, assets and institutional ecosystems. Civil society organisations need to know their own strengths. Outsiders cannot necessarily connect with local society.
Secondly, decision-making needs to be in the hands of those undertaking the strengthening measures, so it is informed by indigenous values, concerns and environment. Thirdly, action must be based on well documented and analysed data and evidence and sustainable resources to inform local engagement across sectors and levels. A people-oriented participatory approach is key. It creates constituency and legitimacy. Fourthly, action should support and reinforce existing compatible interventions. This will need to have a combination of multidimensional tools for execution. For instance, how do online actions combine and reinforce offline actions? Fifth, there should be realistic time horizons since institutional development does not occur instantaneously.
Finally, building alliances within a sector or domain will support individual sector members or issue-based communities. This leads to improved information through sharing best practices and avoiding duplication. Through collaborative action in alliances there can be a greater impact at the policy level, and a means to set standards in accountability. Alliances and networking create solidarity. Bridge-building across sector boundaries strengthen both by generating a larger body of interest and also new resources, for example, through cooperation with the public or private sector. Transnational or international engagement enhances civil society roles in different spheres of public discourses.
In my experience with civil society, I see have seen it playing pivotal roles of advocacy, watchdog and service provider of public goods. The roles are intertwined. Perhaps what have been different are approaches, which has created unnecessary frictions and misunderstanding. As dynamic and multidimensional entities, civil society moves from one role to another and/or assumes several roles. This can be illustrated by an organisation whose initial role is service delivery; it turns to advocacy to overcome problems it meets in fulfilling its service provision role; and it subsequently becomes a watchdog in trying to prevent the recurrence or worsening of the problems while continuing to provide its original services. The role of service delivery is regarded, at least by governments, as the least controversial function of civil society. However, many people express concern that while civil society is performing a crucial activity, the government can take advantage of this service provider role and fail to assume its own responsibilities and obligations.
Most agree that Kenyan civil society has contributed enormously towards both the substance and process of democracy and human rights. Civil society has been an important driver of the State’s democratisation process by providing a vital link between citizens and the State as well as by mobilising communities for collective actions. It also provides an environment that can be used to enhance community cohesion and decision-making. Information is vital to civic participation and also encourages inclusive development and participatory democracy. When people get better informed, they are more likely to participate in policy discussions and communicate their ideas and concerns freely.
Achievements of Kenyan civil society
The following is a summary on the role civil society played in Kenya in advancing human rights, democracy and the rule of law in different contexts. (The list is not exhaustive.)
First, civil society has been an incubator and supplier of ideas on content and strategies on State transformation and building an open pluralistic society. Perhaps the struggle for multipartyism and a new constitutional order culminating in the progressive Constitution of Kenya 2010 amplifies this critical role of civil society. Today, there is a growing movement of civil society on the implementation of the constitution and championing of devolution of powers and resources under the banner of Tekeleza Katiba Movement. Further, civil society has not shied away from working and organising political parties into a formidable socio-political movement. This capacity was demonstrated in 1997 and 2002.
The role of service delivery is regarded, at least by governments, as the least controversial function of civil society. However, many people express concern that while civil society is performing a crucial activity, the government can take advantage of this service provider role and fail to assume its own responsibilities and obligations.
Secondly, civil society has been a strong deterrent and catalyst in defanging the power of the State. A true democracy needs a well-functioning and legitimate State. Kenyan civil society has been highly successful in deploying different methods to ensure that the State is tamed through checking, monitoring, and taking actions to restrain the power of political leaders and State officials. Civil society actors have been aggressive watchdogs on how State officials and agencies use their powers through raising public concern and awareness about any abuse of power and robustly taking advocacy actions ranging from public demonstrations to picketing and litigation.
Thirdly, research and documentation to expose the corrupt conduct of public officials and demands for accountability and improved governance have been a great success. This is also very important in collection and preservation of evidence. Civil society in its different formations has been a leading light in tackling corruption, especially through push for public access to information, whistle blowing and public campaigns. This is upon realising that even where anti-corruption laws and bodies exist, they cannot function effectively without the active support and participation of civil society. Civil society have come up with transparency and accountability tools as some potential solutions to some of the corruption problems in that they allow communities to identify breakdowns and hold responsible agents or decision makers to account. A fourth function of civil society is to promote political and public participation. Civic education on citizens’ rights and obligations has been a bulwark in developing citizens’ skills to work with one another to solve common problems, to debate public issues, and express their views.
Fifth, civil society has been a major player in conflict mitigation efforts and propagating values of democratic life, such as tolerance, moderation, compromise, and respect for opposing points of view. Without this deeper culture of accommodation, democracy cannot be stable. Civil society understands that these values cannot simply be taught; they must also be experienced through practice and interlocutors. Civil society has developed formal programmes and training of trainers to relieve political and ethnic conflict and teach groups to solve their disputes through bargaining and accommodation. This brings the crucial connection between policy and practice in civil society work.
Sixth, civil society has been an arena for the expression of diverse interests. One role of civil society organisations has been to push for the needs and concerns of their members, as women, students, farmers, environmentalists, trade unionists, lawyers, doctors, and so on. Civil societies, in all their diversity, have been presenting their views and those of different constituencies they represent to different State institutions for redress. They also establish a dialogue with relevant government ministries and agencies to lobby for their interests and concerns. And it is not only the resourceful and well-organised whose voices have been heard. Over time, groups that have historically been oppressed and confined to the margins of society have organised to assert their rights and defend their interests.
Kenyan civil society has been highly successful in deploying different methods to ensure that the State is tamed through checking, monitoring, and taking actions to restrain the power of political leaders and State officials.
Seventh, different civil society platforms have been vital focal points for strengthening democracy in actions by providing new diverse forms of interests and solidarity. For civil society, democracy cannot be stable if people only associate with others of the same social, political or status identity orientation. When people of different religions, ethnic identities, professionals backgrounds and sectors come together on the basis of their common interests as women, artists, doctors, students, workers, farmers, lawyers, human rights activists, environmentalists, and so on, civic life becomes richer, more complex, and more tolerant. Civil society has very efficiently provided this platform. Historically, groups and individuals never saw themselves as part of civil society; today there find crucial space for civic engagement.
Eighth, civil society provides a training ground for political, civic and private leaders. Civil society has helped to identify and train new types of leaders who have dealt with important public issues and are recruited to run for political office at all levels and to serve in local and national positions, both in politics and private/professional sectors. Evidence shows that civil society has been a particularly important arena from which to recruit and train women leaders in different fields.
Ninth, civil society has helped to inform the public about important public policy issues. This is not only the role of the mass media, which is also part of civil society, but individuals or groups of organisations coming together to provide fora for debating public policies and disseminating information about issues that affect the interests of different groups, or of society at large, using different methods. Civil society leads in taking action that safeguards public interest like litigating and drafting petitions and policy papers and presenting those policy positions to the relevant State institutions.
Tenth, civil society organisations have played vital role in monitoring electoral processes and management. This has seen a broad coalition of organisations unconnected to political parties or candidates deploying neutral monitors at all the different polling stations to ensure that voting and vote-counting is entirely free, fair, peaceful, and transparent. It is very hard to have credible and fair elections in a democracy unless civil society groups play this role. The outcomes of such vital civil society processes have been useful as evidence in electoral disputes.
Twelfth, civil society has been very instrumental in advocating for fair rules in the digital world and influence at the policy level. This has been important in establishing spaces for civil society to engage and bring social change through digital activism.
Finally, it is important to stress that civil society is not simply in tension with the State. Because civil society is independent of the State does not mean that it must always criticise and oppose the state. In fact, by making the State at all levels more accountable, responsive, inclusive, and effective, and hence more legitimate, a vigorous civil society strengthens citizens’ respect for the State and promotes their positive democratic engagement with the State. However, Kenyan civil society is in the state of fluid transition as global dynamics shift.
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