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Patriarchy, Sexual Abuse and Impunity: As the Catholic Church Confronts Its Crisis, Will the UN Follow Suit?

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So ingrained is the Old Boys’ network within the UN that persecuting whistleblowers is part of a culture of male privilege. Will Sec-Gen Guterres turn the tide?

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Patriarchy, Sexual Abuse and Impunity: As the Catholic Church Confronts Its Crisis, Will the UN Follow Suit?
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In an unprecedented move, the Catholic Church, under the leadership of Pope Francis, has decided to finally address an issue that has plagued the church for decades: that of sexual abuse of women and children by priests, a scourge that has left many victims around the world broken. The bold step by Pope Francis to confront this uncomfortable issue – even at the risk of tainting the Catholic Church’s reputation – is one that even the aid industry, particularly the United Nations, has been reluctant to tackle head on, despite growing pressure from the #MeToo movement. Many observers, including yours truly, believe that recent efforts by the UN Secretary-General Antonio Guterres to address sexual harassment and abuse by UN employees could be merely cosmetic; they will not change anything because the UN has a strongly embedded culture of impunity. As one former UN staff member wrote in the New York Daily News, the UN has “an anti-MeToo culture” and is “an old boys’ club”.

Nine months ago, I wrote an article on why I believed that the #MeToo movement would have little or no impact on the United Nations’ male-dominated, highly hierarchical and secretive work environment. I was convinced that because the UN is generally unreceptive to criticism, it was highly unlikely that victims of sexual harassment or assault would come forward or be listened to. I showed, through various examples that UN employees accused of sexual harassment or assault are rarely reprimanded or punished. In fact, some of those implicated have been conveniently transferred or allowed to resign or retire quietly with full benefits – a practice that the Catholic Church perfected when confronted with sexual abuse cases.

However, internal surveys and pressure from women’s rights advocates may have finally forced the UN to take a good hard look at itself, and could bring about some changes in how the world body is governed and managed. An internal UN survey, conducted by Deloitte, whose results were released in January this year, found that a third of UN staff members surveyed had been sexually harassed. The survey noted that the most vulnerable targets were women and transgender personnel aged between 25 and 44. Two out of every three harassers were male and only one out of every three employees who were harassed took any action against the perpetrator. About one in ten women reported being touched inappropriately; a similar number said they had witnessed crude sexual gestures.

Internal surveys and pressure from women’s rights advocates may have finally forced the UN to take a good hard look at itself, and could bring about some changes in how the world body is governed and managed.

Abuse of authority and defective leadership

However, the UN Staff Union says that sexual harassment is only one among many abuses of authority that take place at the UN. Results from its own survey show that sexual harassment makes up only about 16 per cent of all forms of harassment. Forty-four percent of those surveyed said that they had experienced abuse of authority; of these, 87 per cent said that the person who had abused his or her authority was a supervisor. 20 per cent felt that they had experienced retaliation after reporting misconduct: “The results confirm that this has a debilitating effect on staff morale and work performance, and that there are continued barriers to reporting, including fear of retaliation and a perception that the perpetrators, for the most part, enjoy impunity,” admitted UN Secretary-General Antonio Guterres in a letter to UN staff.

An internal UN survey…found that a third of UN staff members surveyed had been sexually harassed. The survey noted that the most vulnerable targets were women and transgender personnel aged between 25 and 44.

Findings from the two surveys come at a time when women’s rights activists, including the International Center for Research on Women, the Center for Women’s Global Leadership and Gender at Work, have been advocating for a more “Feminist United Nations” that fosters gender equality and parity, especially at the highest levels. The upper echelons of the UN are still predominantly male and no woman to date has served as the Secretary-General. The activists would also like to see the UN to take sexual harassment cases more seriously.

In response to this campaign and the momentum generated by the #MeToo movement, Guterres has taken some actions, including installing a sexual harassment hotline and establishing a Task Force on Sexual Harassment.

However, he has not taken any action against senior officials accused of sexual harassment or against those who protect the perpetrators. For instance, no action has been taken against the UNAIDS Executive Director, Michel Sidibe, who has been accused of failing “to prevent or properly respond to allegations of harassment, including sexual harassment, bullying and abuse of power” at UNAIDS. An independent panel also found that Sidibe’s “defective leadership” had fostered a dysfunctional work environment at the organisation where employees believed they could get away with anything. Meanwhile, Sidibe has not been fired by the UN Secretary-General though he has said that he will step down in June this year, a decision he made voluntarily without any pressure from the UN Secretary-General and without any sanctions.

In response to this campaign and the momentum generated by the #MeToo movement, Guterres has taken some actions, including installing a sexual harassment hotline and establishing a Task Force on Sexual Harassment.

Systematic racial discrimination

A recent spate of revelations by whistleblowers at the World Health Organisation (WHO) shows how ineffective leadership allows abuse to continue. Three emails addressed to WHO directors, which were leaked to the Associated Press, complained of rampant racism at the organisation and theft of funds intended for Ebola victims. At WHO’s headquarters in Geneva, stated one email, African staff members suffer “systematic racial discrimination”.

However, Guterres has not taken any action against senior officials accused of sexual harassment or against those who protect the perpetrators. For instance, no action has been taken against the UNAIDS Executive Director, Michel Sidibe, who has been accused of failing “to prevent or properly respond to allegations of harassment, including sexual harassment, bullying and abuse of power” at UNAIDS.

The emails also spoke of widespread corruption and mismanagement of funds. One whistleblower claimed that logistics and procurement officers at WHO are known to be corrupt and that during one Ebola outbreak in the Democratic Republic of the Congo last year, a plane was hired to transport three vehicles from a warehouse in Dubai at the highly inflated cost of one million dollars.

Last year, Al Jazeera featured a documentary that showed how Big Pharma is also influencing the way WHO’s senior management makes decisions about global public health crises. The documentary suggested that the 2009 swine flu pandemic might have been fabricated to benefit pharmaceutical companies manufacturing the swine flu vaccine. One former delegate to the European Council stated: “The WHO officials have no idea about such things [pandemics]. They depend on scientists. And the scientists are allocated to them by the countries and by the organisations that finance the WHO. And many of them gave advice and made decisions that benefited the pharmaceutical industry.”

One whistleblower who has for years been seeking compensation from WHO for a work-related injury told me that her ordeal was so harrowing that it had left her emotionally depleted and had ruined her financially…

Tedros Adhanom Ghebreyesus, WHO’s Director General, has promised an internal investigation into the recent racial discrimination and corruption allegations. While this is a good sign, we must also remember that the UN is essentially a political organisation and that influential member states and its biggest donors often have a greater say in how the organisation is run – and who gets punished – than those who have less influence and clout. There is also a general tendency to cover up a wrongdoing than to address it, and to punish those who expose the crimes committed.

Shooting the messenger

Guterres’ stated commitment to improve gender parity and to look more seriously into sexual harassment cases could just be a whitewashing exercise to calm down critics until the dust settles. This is what has happened in the past. For instance, not one company or individual has to this day been charged with diverting money or receiving kickbacks from the scandalous UN Oil-for-Food Programme in Iraq, which resulted in the loss of billions of dollars that were supposed to help the Iraqi people. By the time the Kofi Annan-initiated Volcker Commission came out with its findings on the programme and revealed names of those involved in the theft, Saddam Hussein had been deposed by American and British coalition forces, and the programme had been closed.

Similarly, UN peacekeepers accused of raping or sexually exploiting displaced or refugee women and children in strife-torn countries suffer few consequences; recent such cases have not resulted in any convictions though there are now efforts to bar countries whose peacekeepers have been implicated in sexual abuse from serving in peacekeeping missions.

On the other hand, the majority of UN whistleblowers who have reported misconduct, including corruption, abuse of authority and sexual harassment and assault, have been fired, demoted or reprimanded. Few of their allegations are investigated, and even if they are, the findings are rarely made public. In 2014, for instance, Anders Kompass, the director of field operations at the Office of the UN High Commissioner for Human Rights, was suspended and even “investigated” after he revealed to French authorities cases of sexual abuse of displaced boys by French peacekeepers in the Central African Republic. Kompass eventually resigned from the organisation. He told a journalist that his ordeal had left him “disappointed and full of sadness”.

Those who have sought justice from the UN’s internal justice systems have hit a wall, which suggests that these systems were designed to protect the perpetrators and the UN’s reputation rather than to safeguard whistleblowers and to bring about remedial action.

The majority of UN whistleblowers who have reported misconduct, including corruption, abuse of authority and sexual harassment and assault, have been fired, demoted or reprimanded.

In my own research, I found that the emotional toll of whistleblowing in the UN is so huge that most whistleblowers never fully recover from their traumatic experience. The decision not to report wrongdoing is thus often based on self-preservation.

The irony is that most UN whistleblowers don’t even realise that they are blowing the whistle; most believe they are simply doing their job by reporting wrongdoing. It is only when the retaliation against them begins that they realise that they have stepped on some very big toes.

Those who are fired from the organisation or whose contracts are not renewed find themselves shut out of the closely-knit international development community, which blocks their future career development. Vindictive senior managers are known to blacklist whistleblowers and ruin their reputations, which results in the latter not being considered for jobs in similar organisations. One whistleblower who has for years been seeking compensation from WHO for a work-related injury told me that her ordeal was so harrowing that it had left her emotionally depleted and had ruined financially – this from an organisation that is committed to promoting global health!

Toxic work environment

Many people have asked me how an organisation that is so multicultural and which is devoted to the advancement of human rights can allow sexism and racism to thrive within its own corridors. I tell them that an organisation is only as good as its people; if you hire racists and sexists, you will end up in a racist and sexist work environment, regardless of the noble aspirations of the organisation.

And if the organisation does not have in place policies and practices that deter abuse and discrimination – and especially if these policies and practices are not followed diligently – then that organisation will simply reflect the negative values of the wider society (possibly at its worst because there are few or no penalties for those who demonstrate racist or sexist behaviour). This creates a highly toxic and unhealthy work environment, especially for women.

As someone who has worked for the UN for more than a decade, I can tell you that the people who work there are not superhuman, nor are they particularly interested in the progress and protection of human beings. Some, especially at the top echelons, are political appointments who come with the baggage and privileges that they inherited from their own particular social, political or cultural backgrounds. They are simply reflections of their societies. And because they are political appointees, they feel no need to follow the dictates of the UN or its global mandate. (This explains why representatives from countries with some of the most dictatorial and repressive regimes end up being voted into the UN Human Rights Council.) There is no test that UN staffers have to pass to show their humanitarian or development credentials. Most are simply careerists who seek a comfortable job abroad with generous tax-free perks. So what you are left with are cynical and paranoid bureaucrats whose only mission is their own career development.

In my own career at the UN, I have seen how senior male professionals will have no qualms about ganging up against a female colleague to intimidate her or to force her out of the organisation. They will even go to the extent of assassinating her character to support a member of their “boys club”. The unwritten rule (which I found out about rather late) is that senior male managers will stick together and defend each other. In a highly publicised 2004 case, for example, the then UN Secretary-General, Kofi Annan, publicly stated that allegations of sexual harassment made by a Geneva-based UN staff member against his friend, the then UN High Commissioner for Refugees, Ruud Lubbers, “could not be substantiated” even though an internal investigation had confirmed her account.

It is possible that the recent push by the #MeToo movement and women’s rights activists may finally turn the tide and make the UN a more egalitarian, woman-friendly workplace. It is possible that the UN is not completely beyond reform – that it can put in place systems that minimise abuse of authority and weed out those who are doing most harm to the organisation and to its ability to fulfill its mandate of promoting human rights and justice around the world.

One reform measure would be to order thorough and credible investigations into allegations of wrongdoing and to punish the perpetrators. This is a tall order because, like the Catholic Church, the tendency at the UN’s top echelons is to cover up the crime (especially sexual abuse and theft) rather than expose it, and also because the people who report wrongdoing are often junior or mid-level professionals who can be easily intimidated by their superiors and bullied into not speaking up. Unless the culture of retaliation against whistleblowers is stopped, there is little hope that whistleblowers will get any justice and that wrongdoing within the organisation will be curtailed.

Like the Catholic Church, the tendency at the UN’s top echelons is to cover up the crime

The most effective method, both in the UN and in other large bureaucratic organisations like the Catholic Church, is for the leadership to take action against those committing offences. Even Pope Francis has acknowledged that this is an important deterrent – and is the kind of justice that victims of sexual abuse would like to see in the Catholic Church. Sexual abusers and their protectors and those who abuse their power should be fired and stripped of their titles. The UN Secretary-General can establish all kinds of hotlines and task forces, but unless he is seen to be going after those who are abusing their authority, sexually harassing employees or sexually exploiting and abusing vulnerable women and children in poor war-torn countries, nothing will change, and the UN will continue to remain a safe haven for sexual predators and bullies.

The UN Secretary-General can establish all kinds of hotlines and task forces, but unless he is seen to be going after those who are abusing their authority…nothing will change, and the UN will continue to remain a safe haven for sexual predators and bullies.

This would be unfortunate, because in a world witnessing rising ultra-nationalism, fascism, misogyny and intolerance, the United Nations is perhaps the only hope for a more just and inclusive world order.

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Rasna Warah is a Kenyan writer and journalist. In a previous incarnation, she was an editor at the United Nations Human Settlements Programme (UN-Habitat). She has published two books on Somalia – War Crimes (2014) and Mogadishu Then and Now (2012) – and is the author UNsilenced (2016), and Triple Heritage (1998).

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

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

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

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

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

False start 

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

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

Liquidating the former ruling party and extending the term of office

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

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

Waging war

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

Subverting the will of the people

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

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

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

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

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

Elections without credibility

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

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

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

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

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

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

Legitimacy hanging on military victory

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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The State of Judicial Independence in Kenya: A Persistent Concern

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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