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Cloak-And-Dagger Intrigues: An Insider’s Account of Why the TJRC Report Was Delayed

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In his book, The Kenyan TJRC: An Outsider’s View from the Inside, Prof. Ronald C. Slye reveals the intrigues that intensified near the date of the TJRC report release in May 2013 and how various top State House mandarins sought to influence the contents of the report.

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Sometime in June 2012, I got a call from the Kenyan Truth, Justice and Reconciliation Commission (TJRC) asking if I would be willing to edit the commission’s report, which the caller said was around 1,000 pages long and needed to be edited within a tight deadline of ten days. I told the caller that an important report of that size and significance would require a minimum of one month to edit, if not two months, and that it was impossible for me to edit it in under two weeks. (For those who may not know, editing is not simply a matter of correcting spelling and grammar; it often involves consultation with the author(s) to ensure logic and consistency, and in some cases, to verify facts.) I did not think I could do a professional editing job in such a short period, so I declined the offer.

A few days later, I happened to be in Mombasa when two members of the TJRC’s staff approached me and pleaded with me to take on the editing assignment. I told them that I would, but only on the condition that another editor work with me on the report. They agreed and so I was quickly booked into the Serena Hotel in Mombasa where the TJRC team was temporarily based to put the final touches to the commission’s report.

Upon arrival at the hotel, I was immediately struck by how youthful the TJRC staff were. The majority were born and raised during the Daniel arap Moi era, and I remember wondering if they had the experience and knowledge to understand the extent of the horrors of the injustices and human rights violations that had occurred in Kenya during both Jomo Kenyatta’s and Moi’s regimes.

But what became obvious to me within the first days of my arrival was the cloak-and-dagger atmosphere of the commission. It was clear that many of the commissioners who were staying at the Serena were not comfortable in each other’s presence, and while there was a shared camaraderie between the staff of the commission, there was an air of suspicion about who could or could not be trusted. For example, I was told that every document that I would edit would be password-protected and that I should not leave my computer without logging out as even the waiters and the cleaners in the hotel could not be trusted.

At first I thought that the tense atmosphere was the result of the controversy surrounding the chair of the TJRC, Ambassador Bethuel Kiplagat, who refused to resign despite questions being raised about whether he could be an impartial chairman given that he had been a witness to some of the human rights violations committed during the Moi regime, in which he had held important positions in various capacities. His failure to withdraw from the commission had even led one of the commissioners, Betty Murungi, to resign.

Prof. Slye’s book shows that the request for an extension was not so much due to the staff needing more time to finish the report, but because the political establishment did not want the findings of the report to influence the outcome of the March 2013 presidential elections

However, having read Prof. Ronald C. Slye’s book, The Kenyan TJRC: An Outsider’s View from the Inside, it is now clear to me that something much more sinister was afoot. I had entered the commission at precisely the time when a plot was being hatched to not release the report in 2012, as per the TJRC’s mandate, but the following year – after the 2013 elections to be precise. Indeed, during my stay at the Serena, I was told that what I and my co-editor were editing may not be the final report after all, as the commission would be asking for an extension to complete it. At the time, I thought that asking for a delay in the release of the report was probably a good idea; while many sections of the report were well written, some chapters clearly needed more work, and probably needed to be redrafted.

Prof. Slye’s book shows that the request for an extension was not so much due to the staff needing more time to finish the report, but because the political establishment did not want the findings of the report to influence the outcome of the March 2013 presidential elections. Given the nature of the TJRC report – which sought to gather evidence and make public all the human rights violations and historical injustices committed by Kenya’s ruling elite since independence – it was understandable that many prominent people would not be happy with its contents, and would prefer that the report not be made public. For instance, Uhuru Kenyatta, whose father has been associated with various land-related injustices, would not want such a report to influence his chances of becoming president in 2013, particularly and especially because he was at that time also indicted by the International Criminal Court (ICC) for crimes against humanity committed after the disputed 2007 election.

However, that commissioners appointed to the TJRC (all of whom have impeccable professional credentials) would succumb to political pressure and agree to delete some sections of the report that adversely mentioned the Kenyatta family is something that I did not expect. Slye – a professor of law at Seattle University and one of three foreign commissioners at the TJRC – shows in his book that by the time the commission was finalising its report, several commissioners had already been compromised or had been coerced into taking political sides, and that by the time the report was released in May 2013, chances of the report’s recommendations being implemented were virtually nil. In addition, some of the commissioners were actively colluding with the new government of Uhuru Kenyatta to delay the release of the report.

Prof. Slye says that when he asked some of the other commissioners why they had asked for such a long extension, even though the report was nearly complete by mid-2012, he was told that it was not the commissioners who wanted an extension, but the government of Mwai Kibaki, presumably so that the report would not be released before the 2013 election (which suggests that Kibaki and his cronies did not want the report’s contents to influence that election). Slye believed that this would be counterproductive because “if our report had been released in a timely manner before the [presidential] debates, it would have provided an opportunity for the voices of the thousands of Kenyans we had heard throughout the country to be included in this important national discussion”. In other words, if Kenyans had had a chance to debate and discuss the contents of the report prior to the 2013 election, they might not have been so eager to support an Uhuru presidency.

The government of Jomo Kenyatta’s son, Uhuru, used his powers to cajole, bribe and threaten commissioners and senior staff of the TJRC to have this and other references to his father’s land grabbing removed from the report, including the testimony of Toza

In his book, which was published last year, the law professor reveals the intrigues that intensified near the date of the report’s release in May 2013 and how various top State House mandarins sought to influence the contents of the report, in particular, references to land grabs by Kenya’s first president, Jomo Kenyatta. The Office of the President seemed particularly perturbed by the testimony of a man from Kwale named Toza who claimed that he and his community had lost 250 acres of prime beach land to President Jomo Kenyatta. “The owners of the land were offered the equivalent of US$84 per acre of land, far below the then market value,” writes Slye. “Toza’s father refused the payment and, with other dispossessed residents, unsuccessfully fought to keep the land in the hands of the local community.”

According to Slye, “The government of Jomo Kenyatta’s son, Uhuru, used his powers to cajole, bribe and threaten commissioners and senior staff of the TJRC to have this and other references to his father’s land grabbing removed from the report, including the testimony of Toza.”

Why would Uhuru Kenyatta’s government go to such extraordinary lengths to doctor the report? After all, it is common knowledge that the Kenyatta family became the richest family in the country within just one generation because the patriarch Jomo went on a land-grabbing spree shortly after independence and used his enormous political influence to dispossess people of their land. This narrative is well-documented in various reports, inquiries, books and articles, and as our recent history has shown, has had little impact on the Kenyan electorate, which went on to elect Jomo’s son in the controversial 2013 and 2017 elections, even though the latter was at that time facing charges at the ICC. So why fear the obvious?

Alliance of the Accused

Slye’s book suggests that while the delay in the report’s release probably had to do with the fact that Kibaki did not want the report’s contents to influence the 2013 election, the behind-the-scenes machinations to change the report after Uhuru became president were motivated by a desire to whitewash the new Kenyan presidency. The combined “Alliance of the Accused” between the two ICC indictees, Uhuru Kenyatta and William Ruto, was viewed as “a shift away from accountability and a further entrenchment of impunity in Kenyan politics”. Both Uhuru and Ruto portrayed the election as a “referendum against the ICC”, and so probably did not want the report’s findings and recommendations to influence the ICC’s case against them. (Both cases eventually collapsed due to various reasons.)

This shift in accountability, whereby the electorate voted for candidates not despite the fact that they were indicted by the ICC, but because they were indicted, dramatically changed the political landscape in Kenya. Slye believes that it had a direct effect on the final days of the commission:

“My first indication that something was seriously amiss occurred on May 6 [2013] when I happened to visit our printer’s office to check on the status of the production of the report. When I arrived, I found commissioners [Margaret] Shava and [Ahmed Sheikh] Farah standing over our staff and directing which parts of the report to remove concerning the Kenyatta family. When I asked them under what authority they were changing the content of the report, they replied that we had to remove references to Kenyatta, as the matters were considered sub judice.”

This assertion was clearly false as none of the testimonies referring to Kenyatta were before a Kenyan court. In fact, few, if any, of the over 40,000 statements and testimonies gathered by the TJRC, including from families of the victims of the Wagalla massacre and those who were tortured by the state’s security forces, were cases that were being tried by Kenya’s justice system.

All three of the foreign commissioners – Ronald C. Slye from the USA, Berhanu Dinka (now deceased) from Ethiopia, and Gertrude Chawatama from Zambia – then signed a dissent opinion on the land chapter of the 2,000-plus pages of the final report. Part of the dissent statement reads: “With much regret, and after many tireless days of trying to reach a reasonable compromise, we are obligated by our conscience and the oath we took when we joined this Commission, to dissent completely from the amendments made after 3 May 2013 to this chapter in this Volume devoted to Land – Chapter 2 of this Volume B.”

The TJRC website, which carried the final edition of the report, has since been dismantled. The only available online version of the report, including the dissent and other related documents, can be found on Seattle University’s website.

Neither Prof. Slye nor most of the other seven commissioners were present when Ambassador Kiplagat handed over the report to President Uhuru Kenyatta on 21 May 2013. The ceremony was a hurried, low-key affair, which was surprising given that much time and many resources had gone into the commission and its work.

In March 2015, nearly two years after the TJRC report was published, President Uhuru Kenyatta, in his State of the Nation address, made a public apology to all those who had suffered human rights violations and injustices under previous regimes, and promised to establish a 10-billion-shilling fund for those affected. To date it is not clear if these funds have been disbursed to victims or their families.

Meanwhile, the TJRC website, which carried the final edition of the report, has since been dismantled. The only available online version of the report, including the dissent and other related documents, can be found on Seattle University’s website.

As part of his legacy, Uhuru Kenyatta must claim the TJRC report on behalf of all Kenyans, and ensure that its recommendations are fully implemented.

Which goes to show that this government would prefer to erase the report and its findings not just from Kenyans’ memories, but from the public domain as well. This is unfortunate because it was lack of acknowledgement of the atrocities committed by various regimes that had led to the bloodletting of 2007 and 2008. The recognition that historical injustices needed to be addressed eventually resulted in the establishment of the TJRC. By suppressing the TJRC report, and failing to implement its recommendations, the Uhuru Kenyatta government may be laying the foundations for similar violence in the future.

Wounds may heal, but painful memories and resentments can simmer for generations. As part of his legacy, Uhuru Kenyatta must claim the TJRC report on behalf of all Kenyans, and ensure that its recommendations are fully implemented.

Rasna Warah
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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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The Pitfalls of African Consciousness

It took time to digest Beyonce’s Black Is King. Conclusion: it fails to deliver us. Instead, it’s just another capitalist construction of the world.

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African American imaginings of Africa often intermingle with—and help illuminate—intimate hopes and desires for Black life in the United States. So when an African American pop star offers an extended meditation on Africa, the resulting work reflects not just her particular visions of the continent and its diaspora, but also larger aspirations for a collective Black future.

Black is King, Beyoncé’s elaborate, new marriage of music video and movie, is a finely-textured collage of cultural meaning. Though it is not possible, in the scope of this essay, to interpret the film’s full array of metaphors, one may highlight certain motifs and attempt to grasp their social implications.

An extravagant technical composition, Black is King is also a pastiche of symbols and ideologies. It belongs to a venerable African American tradition of crafting images of Africa that are designed to redeem the entire Black world. The film’s depiction of luminous, dignified Black bodies and lush landscapes is a retort to the contemptuous West and to its condescending discourses of African danger, disease, and degeneration.

Black is King rebukes those tattered, colonialist tropes while evoking the spirit of pan-African unity. It falls short, however, as a portrait of popular liberation. In a sense, the picture is a sophisticated work of political deception. Its aesthetic of African majesty seems especially emancipatory in a time of coronavirus, murderous cops, and vulgar Black death. One is almost tempted to view the film as another iteration of the principles of mass solidarity and resistance that galvanized the Black Lives Matter movement.

But Black is King is neither radical nor fundamentally liberatory. Its vision of Africa as a site of splendor and spiritual renewal draws on both postcolonial ideals of modernity and mystical notions of a premodern past. Yet for all its ingenuity, the movie remains trapped within the framework of capitalist decadence that has fabulously enriched its producer and principal performer, Beyoncé herself. Far from exotic, the film’s celebration of aristocracy and its equation of power and status with the consumption of luxury goods exalts the system of class exploitation that continues to degrade Black life on both sides of the Atlantic.

That said the politics of Black is King are complicated. The picture is compelling precisely because it appears to subvert the logic of global white supremacy. Its affirming representations of Blackness and its themes of ebony kinship will resonate with many viewers, but will hold special significance for African Americans, for whom Africa remains an abiding source of inspiration and identity. Indeed, Black is King seems purposefully designed to appeal to diasporic sensibilities within African American culture.

At the heart of the production lies the idea of a fertile and welcoming homeland. Black is King presents Africa as a realm of possibility. It plays on the African American impulse to sentimentalize the continent as a sanctuary from racial strife and as a source of purity and regeneration. Though the movie does not explicitly address the prospect of African American return or “repatriation” to Africa, allusions to such a reunion shape many of its scenes. No doubt some African American viewers will discover in the film the allure of a psychological escape to a glorious mother continent, a place where lost bonds of ancestry and culture are magically restored.

The problem is not just that such an Africa does not exist. All historically displaced groups romanticize “the old country.” African Americans who idealize “the Motherland” are no different in this respect. But by portraying Africa as the site of essentially harmonious civilizations, Black is King becomes the latest cultural product to erase the realities of class relations on the continent. That deletion, which few viewers are likely to notice, robs the picture of whatever potential it may have had to inspire a concrete pan-African solidarity based on recognition of the shared conditions of dispossession that mark Black populations at home and abroad.

To understand the contradictions of Black is King, one must examine the class dynamics hidden beneath its spectacles of African nobility. The movie, which depicts a young boy’s circuitous journey to the throne, embodies Afrocentrism’s fascination with monarchical authority. It is not surprising that African Americans should embrace regal images of Africa, a continent that is consistently misrepresented and denigrated in the West. Throughout their experience of subjugation in the New World, Black people have sought to construct meaningful paradigms of African affinity. Not infrequently, they have done so by claiming royal lineage or by associating themselves with dynastic Egypt, Ethiopia, and other imperial civilizations.

The danger of such vindicationist narratives is that they mask the repressive character of highly stratified societies. Ebony royals are still royals. They exercise the prerogatives of hereditary rule. And invariably, the subjects over whom they reign, and whose lives they control, are Black. African Americans, one should recall, also hail from the ranks of a service class. They have good cause to eschew models of rigid social hierarchy and to pursue democratic themes in art and politics. Black is King hardly empowers them by portraying monarchy as a symbol of grandeur rather than as a system of coercion.

There are other troubling allusions in the film. One scene casts Beyoncé and her family members as African oligarchs. The characters signal their opulence by inhabiting a sprawling mansion complete with servants, marble statues and manicured lawns. Refinement is the intended message. Yet the conspicuous consumption, the taste for imported luxury products, the mimicry of European high culture and the overall display of ostentation call to mind the lifestyles of a notorious generation of postcolonial African dictators. Many of these Cold War rulers amassed vast personal wealth while their compatriots wallowed in poverty. Rising to power amid the drama of African independence, they nevertheless facilitated the reconquest of the continent by Western financial interests.

Black is King does not depict any particular historical figures from this stratum of African elites. (Some of the movie’s costumes pair leopard skin prints with finely tailored suits in a style that is reminiscent of flamboyant statesmen such as Mobutu Sese Seko of the Congo.) However, by presenting the African leisure class as an object of adulation, the film glamorizes private accumulation and the kind of empty materialism that defined the comprador officials who oversaw Africa’s descent into neocolonial dependency.

Black is King is, of course, a Disney venture. One would hardly expect a multinational corporation to sponsor a radical critique of social relations in the global South. (It is worth mentioning that in recent years the Disney Company has come under fire for allowing some of its merchandise to be produced in Chinese sweatshops.) Small wonder that Disney and Beyoncé, herself a stupendously rich mogul, have combined to sell Western audiences a lavishly fabricated Africa—one that is entirely devoid of class conflict.

Anticolonial theorist Frantz Fanon once warned, in a chapter titled “The Pitfalls of National Consciousness,” that the African postcolonial bourgeoisie would manipulate the symbols of Black cultural and political autonomy to advance its own narrow agenda. Black is King adds a new twist to the scenario. This time an African American megastar and entrepreneur has appropriated African nationalist and pan-Africanist imagery to promote the spirit of global capitalism.

In the end, Black is King must be read as a distinctly African American fantasy of Africa. It is a compendium of popular ideas about the continent as seen by Black Westerners. The Africa of this evocation is natural and largely unspoiled. It is unabashedly Black. It is diverse but not especially complex, for an aura of camaraderie supersedes its ethnic, national, and religious distinctions. This Africa is a tableau. It is a repository for the Black diaspora’s psychosocial ambitions and dreams of transnational belonging.

What the Africa of Black is King is not is ontologically African. Perhaps the African characters and dancers who populate its scenes are more than just props. But Beyoncé is the picture’s essential subject, and it is largely through her eyes—which is to say, Western eyes—that we observe the people of the continent. If the extras in the film are elegant, they are also socially subordinate. Their role is to adorn the mostly African American elites to whom the viewer is expected to relate.

There are reasons to relish the pageantry of Black is King, especially in a time of acute racial trauma. Yet the movie’s mystique of cultural authenticity and benevolent monarchy should not obscure the material realities of everyday life. Neoliberal governance, extractive capitalism, and militarism continue to spawn social and ecological devastation in parts of Africa, the Americas, and beyond. Confronting those interwoven realities means developing a concrete, global analysis while resisting metaphysical visions of the world.

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

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Fractures and Tensions in the Anti-Racism Movement

Continental Africans have a lot to learn from their African American cousins in relation to race politics and white supremacy, not least because the phases of oppression developed by white supremacists simply keep mutating.

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Sometimes tensions between continental Africans and their African American brethren mount over trivial things due to their ostensibly deep-rooted differences. But really these differences ought not be so significant as to weaken the quest to confront and defeat racism wherever it is found. The deaths of Trayvon Martin, George Floyd and Breonna Taylor are all testimonies as to why white supremacy is so toxic.

African Americans are undoubtedly best equipped to read, analyse and deconstruct white supremacy, having been on the battle lines for over four hundred and fifty years. From centuries of slavery to Jim Crow segregation, systematic lynching, civil rights activism and disillusionment and the present age of mass incarceration, African Americans have seen it all, and continue to suffer the devastating effects of living in the trenches of institutionalised racism.

Being minorities in a white-dominated United States, contained in bleak urban ghettoes that are now undergoing steady gentrification, they also have to endure the traumas of constant police brutality. They are a community under siege on multiple fronts as their neighbourhoods are being decimated by fractured and disappearing families, targeted gentrification, mass incarceration, drug abuse and despair.

During the COVID-19 pandemic, death rates among African Americans have been disproportionately higher than other racial groups and this had led to considerable public outcry. Again, their position within American society demonstrates their obvious vulnerability. They are especially vulnerable not only to disease but also have relatively few means of redress.

The #BlackLivesMatter movement has received mixed reactions within the community as many argue that it lacks grassroots support and is being sponsored by white liberal donors and sympathisers. Since the era of Martin Luther King Jr., Malcolm X, Medgar Evers, Kwame Toure (formerly Stokely Carmichael) and Huey Newton, amongst others, there has not emerged a cohort of black leaders with the vision, commitment, sincerity and energy to match those illustrious forebearers.

After the civil rights movement of the 1960s, the assassinations of Malcolm and Martin, the penetration of radical activist groups by the FBI, and the heroin epidemic that blighted black neighbourhoods, the political momentum has arguably not been sustained.

Following the gains of the civil rights movement, Ronald Reagan and Bill Clinton further inflicted harm on the black community through a series of repressive legislation that birthed the age of mass incarceration, chillingly covered by the author and academic Michelle Alexander in her bestselling book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness.

The scourge of crack cocaine must also be added to this already malevolent social equation. Families and neighbourhoods were denuded of health, social services, stability and financial viability. Knowledge, wisdom, and wholesome experience were substituted with fear, paranoia and degeneracy.

Hip hop as a cultural form was in its ascendency, having managed to crawl out of the neglected borough of the Bronx. Just like funk, R&B and other black music forms, this particular genre also aspired to be therapeutic, or at least soul-lifting. For a while, it represented the angst and perplexities of the “hood”, and subsequently, the righteous rage of the bona fide political rebel. But after experiencing phenomenal success, it fizzled out in an anti-climactic tsunami of bling, bombast, shallow consumerism and toxic misogyny.

For the first time in recent memory, blacks were able to produce a music utterly devoid of soul meant to soundtrack the last days of an era indelibly marked by Babylonian excess and decadence. In South Africa, droves of no-talent copycats, seduced by the grand spectacle flashed by mainstream American hip hop, discarded their indigenous traditions and sheepishly adopted American mannerisms.

Hip hop as a cultural form was in its ascendency, having managed to crawl out of the neglected borough of the Bronx. Just like funk, R&B and other black music forms, this particular genre also aspired to be therapeutic, or at least soul-lifting.

A source of tension between Africans and African Americans is the type of black people who are admitted to the United States to live and work. Radical black Americans claim that since the supposedly unfavourable experiences of white supremacists with radicals, such as the redoubtable black pioneer Marcus Garvey, who was originally from Jamaica, and activist Kwame Toure, who came from Trinidad and Tobago, white supremacists in the US have been careful with the type of people they admit from the Caribbean and Africa. An argument is made by black American radicals that only those who readily support and uphold the tenets and institutions of white supremacy are now being admitted.

Those same black American radicals point to the fact that the first black president of the United States, Barack Obama – who is not considered a foundational black American (FBA) by any stretch of imagination – whose father was of Kenyan origin, did nothing for black folk but went out of his way to benefit the LGBTGI community and immigrants, particularly from Mexico and other countries in the region. Obama, they claim, was not accountable to black America, and did not want to be accountable because he had not been made by black America.

Kamala Harris, the current vice presidential candidate of the Democratic Party, has a father originally from Jamaica and an Indian mother. According to radical black Americans, Harris is bound to create the sort of problems they encountered with Obama. They argue that the ever-calculating white media attempts to present her as a credible political representative of black America because she apparently looks like them. But all similarities end there. The white media is trying to foist Harris upon the black electorate with claims that she attended Howard University, a historically black college. But black radicals are not having any of it.

Instead, they (black radicals) dug into Harris’s past professional conduct and discovered that as an attorney working for the state of California, she notched an alarmingly high rate of prosecutions, convictions and incarceration of black people. Indeed these frightening rates could only please white supremacists and not black folk. So black radicals claim that if she is voted into power under a Joe Biden ticket as vice president, black folk are not to expect anything better from her. Before they give her their vote and support, they are asking her for tangible deliverables.

As of this point, Harris isn’t talking. Black radicals claim the days of black political representatives receiving their vote merely because of the colour of their skin are long gone. They now preach the mantra of “tangibles” to any prospective black political representative.

On the question of political and cultural representation in the present culture of hoods created by blacks, there does not appear to be a music genre that can inspire and transform lives as in the days of yore. Policies and strategies of integration pursued by US governments (which were meant to fool everyone) in the wake of the civil rights movement deceive no one. The partiality, inequality, division and bigotry are there for everyone to see.

However, the lives and accomplishments of Nat Turner, Harriet Tubman, Ida B. Wells, Marcus Garvey and a host of other pioneers are not always accorded their rightful place in the American public mind. And only “woke” folk know the true meaning of Pan-Africanism.

Black radicals claim the days of black political representatives receiving their vote merely because of the colour of their skin are long gone. They now preach the mantra of “tangibles” to any prospective black political representative.

On the African continent, befuddled by disemboweled US hip hop culture and the hype of #BlackLivesMatter, we attempt to take hesitant steps towards the blinding glare, unsure of how to act or how we would be received. The derelict hoods of the US seem to mirror our own mismanaged and misgoverned countries, which have variously been described as failed states.

African Americans, on the other hand, are filing into Africa at encouraging rates, tracing their genetic ancestry back to the motherland, often settling permanently along the coast of West Africa, longing to ingest melanin-rich air indefinitely. Away from relatively melanin-deprived political and cultural environments, they genuflect before myriad departed ancestors in rituals of ineffable spiritual communion: “We have come home, receive us steadily into the ceaseless warmth of your unfathomable bosom.”

Lost African youth, on the other hand, see these rejuvenated American returnees and hear the conflicted sounds of Lil Wayne, Kid Cudi, Fetty Wap, ASAP Rocky and Lil Nas X and sense Eldorado, a tortuous and deadly path of escape from the Western media-created images of their insufferable hell holes.

On both sides, namely black America and Africa, mass confusion often abounds, creating expectations that remain largely unfulfilled and hungers that are unlikely to be satiated.

First, in the recent past, the Western media manufactured false narratives about the Dark Continent. Now, children of both black America and Africa often neglect to discover the real truth about their heritage, leaving them both to re-live the unimaginable horrors of their past anew, only that this time around, they are locked in mental prisons entirely of their own making.

Undoubtedly, continental Africans have a lot to learn from their African American cousins in relation to race politics and white supremacy. In this regard, a great deal of humility and restraint is required. As things stand, African Americans have too much on their plate already. The chameleonic properties of racism are remarkably protean. American society was built on the prolonged enslavement of blacks, hence the rise of American Descendants of Slaves (ADOS) activism. Then there was Jim Crow oppression and the destructive infiltration of the civil rights movement and other strategies of containment and suppression specifically targeting blacks.

Under the auspices of ADOS and its growing drive for social transformation and reparations for black Americans due to the multiple forms of suffering caused by slavery, the term African American is becoming obsolete. Black American, once fashionable and then passé, is returning as the appropriate term to call peoples of African descent in the United States. This group makes it abundantly clear that they are quite distinct from Africans and people from the Caribbean based in the US – a distinction that justifies their quest to secure the fruits of reparations. While initially it might prove to be a compact strategy for obtaining reparations, it blurs the Pan-Africanist vision and makes it arguably less potent. In this regard, ADOS, or foundational black Americans (FBA), as they now prefer to call themselves, may be viewed as somewhat shortsighted and unduly materialistic, which throws out of the window the accomplishments of the likes of W.E.B. Dubois, Marcus Garvey and John Henrik Clarke.

On the African continent, befuddled by disemboweled US hip hop culture and the hype of #BlackLivesMatter, we attempt to take hesitant steps towards the blinding glare, unsure of how to act or how we would be received. The derelict hoods of the US seem to mirror our own mismanaged and misgoverned countries, which have variously been described as failed states.

The phases of oppression developed by white supremacists simply keep mutating, refining tactile mechanisms of suppression even before their intended victims are able to anticipate them. These strategies have had centuries of experimentation to improve themselves. And then they possess false ideologies to camouflage themselves. Black resistance, on the other hand, is often reactive, kept on its hind legs, forever on the defensive due to the fact that oppressive mechanisms are constantly shifting. This is black America’s greatest challenge – to move successfully from a defensive posture to a proactive one while at the same time keeping in mind the many lessons learnt from centuries of struggle.

The Haitian Revolution, which birthed the first independent black country in the Western hemisphere, continues to be a shining example. In order to accomplish its success, it had to purge itself of its internal doubters and dissenters.

Currently, as mentioned earlier, black America has very few, if any, leaders within its ranks that possess undeniable mass appeal and grassroots support. It is also fractured by numerous ideological factions and tendencies that make it difficult to identify and pursue a cohesive agenda. Furthermore, the various institutions of racism have become more diverse and entrenched.

Nonetheless, all is not lost; true revolution has always been the art of the impossible and black America generally has proven itself, time and again, to be uncommonly resourceful and courageous.

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Time Out for the Millennium Dam?

The countries involved in the Grand Ethiopian Renaissance Dam are three of the largest in Africa and they could all benefit from coordinated action instead of belligerence and a zero-sum game.

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The African Union-led process to arrive at a conclusive agreement on the filling and subsequent operation of the Grand Ethiopian Renaissance Dam (GERD) did not yield the expected results. Negotiations between legal and technical experts from Ethiopia, Egypt and Sudan to draw up a binding document concluded without consensus at the end of August. Meanwhile, with the heavy rains, the dam has started filling up naturally.

This is a major issue around which Ethiopians have unified as the country confronts existentialist challenges to its federal polity. Sudan perhaps hopes for the best deal as it grapples with internal upheavals, a reduction in oil prices and the aftermath of its separation from South Sudan. Egypt is the most stable of the three countries but seems to be trying to reach out to Libya and possibly Ethiopia.

The reaction in Egypt and Sudan is quite different from the #It’smydam social media campaigns in Ethiopia where nationalist fervour is being stoked, with idolised singer Teddy Afro creating a new song celebrating the GERD as Ethiopia’s pride. Egypt on the other hand is focusing on getting international opinion on its side and has released a short video in several languages.

Constructed in the western Benishangul-Gumuz Region, in 2011, the GERD was initially named the Millennium Dam. Scheduled for completion in 2022, its 6.45 GW generating capacity will make it the world’s seventh largest and the biggest dam in Africa.

The White Nile and the Blue Nile meet in Khartoum in Sudan and flow into Egypt. The White Nile rises in the Great Lakes of East and Central Africa. The Blue and shorter Nile rises in Lake Tana in the Amhara region of Ethiopia and flows to Khartoum, gathering waters from the Dinder and Rahad rivers. Ethiopia had never previously tapped the Nile resources while Sudan has the Al-Ruṣayriṣ and Sannār dams on the Blue Nile. Egypt on the other hand has almost its entire economy dependent on the River Nile having harnessed it through the gigantic Aswan dam project.

Egypt opposed the GERD from the start as it felt that its share of the Nile waters would be diminished. Up until now the waters of the Nile have flowed unchecked through Sudan to Lake Nasser. Ethiopian reports indicate that the GERD will have no impact on annual flows to Egypt but this issue has yet to be resolved and even though the differences between the two countries have been narrowed down, mutual suspicion between the two populous neighbours has been revived, with Ethiopia fearing that Egypt might sabotage and undermine the project.

Moreover, both Egypt and Sudan fear that water flows will reduce to below their requirements during the dry season, negatively impacting the two countries. For its part, Ethiopia believes that it has patiently negotiated but that a common position on dry season flows is difficult to achieve. The country wants to start operating the dam as filling the reservoir may take up to five years, and considers that the dry season issues can be dealt with concurrently. And although the three countries seem to agree that , how to deal with this issue is now in contention.

The GERD project was of particular interest to the former prime minister of Ethiopia, the late Meles Zenawi, who foresaw that environmental factors would prevent Ethiopia from obtaining the support of the OECD (Organisation for Economic Co-operation and Development) countries and the World Bank. Ethiopia therefore opted to fund GERD fully from its own resources. Borrowing from the Indian example, the country issued development bonds, tapped into the diaspora and obtained small domestic contributions.

The US$4.8 billion GERD contract was awarded to Salini Impregilo of Italy. The novel fundraising contributed US$3 billion while China provided US$1.8 billion for the turbines. Ethiopia has committed nearly 5 per cent of its GDP to GERD and is therefore unlikely to want a delay or disruption in the completion of the project.

Meles had often discussed Ethiopia’s development with me when I was India’s ambassador to Ethiopia and the African Union from 2005 to 2009. He showed great interest in India’s large hydroelectric projects and we discussed the country’s engagement with its diaspora for development, Diaspora Bonds, and India’s terms of engagement with donors following the sanctions that were imposed after the 1998 nuclear tests. Our discussions on the Great Ethiopian Railway plan also focused on carbon-neutral electricity and since Ethiopia is not endowed with coal or oil (unlike Sudan and Egypt), harnessing water resources has become the country’s focus. The smaller dams on the Tekeze, Finchaa, Gilgel Gibe, Awash and Omo rivers are the trendsetters; located in the south of the country and close to Kenya, Djibouti and South Sudan, power exports are under consideration.

Ethiopians recall that Egypt has since the 4th century monopolised the use of the Nile waters and used the edicts of the Coptic Church, whose Patriarch was shared with Ethiopia until 1959, to curtail their usage. Ethiopia’s development plans include exploiting the waters of the Nile but the Nile Basin Initiative and its regional version, the Eastern Nile Technical Regional Office, have been unsuccessful in convincing the partners that the project is technically sound and beneficial to all. In 2015, the three countries signed a declaration to abide by “the spirit of cooperation”. Egypt in particular thinks this spirit is lacking; it has committed itself to a negotiated process but the caveat that “all options remain on the table” causes anxiety in Ethiopia.

Egypt seeks access to 55 bcm of water as its Nile rights in perpetuity, based on its increased share in the 1959 treaty with Sudan. The 1929 Anglo-Egypt Treaty ceded almost all Nile rights to Egypt, overlooking the rights of British colonies in Sudan, Uganda, Kenya and Tanganyika as well as Ethiopia. Technical discussions indicate a flow of 49bcm to Egypt, slightly more than the 48bcm provided in the 1929 Treaty. Ethiopia refuses to agree to a fixed figure and wants ad hoc decisions since droughts may not allow for such flow levels. It views the Egyptian stand as based on colonial treaties that were signed without Ethiopia’s agreement. Egypt is facing serious challenges due to pollution, climate factors and a growing population but it too did not consult Ethiopia when it built its giant Aswan High Dam. Technical discussions have taken place in various forums for the last eight years where Sudan has been assiduously wooed by both its neighbours. The need for a dispute settlement mechanism on technical issues remains a core concern.

In June 2018 Prime Minister Abiy Ahmed made a visit to Cairo and pledged mutually beneficial regional cooperation on the basis of scientific evidence. Although the confidence-building visit seemed to have been a success, by 2019 Prime Minister Abiy was talking of mobilisation to counter Egyptian threats. Between November 2019 and February 2020, US President Donald Trump interceded with an initiative, pursued by Treasury Secretary Steven Mnuchin, but it reached an impasse with Ethiopia leaving the final negotiations. Egypt approached the United Nations Security Council (UNSC) in June 2020 but the UNSC was informed that the AU had been seized of the matter. It is this AU effort which now needs to succeed but is faltering. Meanwhile, the US has suspended aid to Ethiopia in an effort to coerce the country to accommodate Egypt.

Ethiopia and Egypt are well placed to lead an African development process through the use of water resources for mutual benefit. An inclusive regional perspective which will bring the Nile basin countries into a sharing of knowledge and resources is vital for having sufficient water, energy, and food for all Nile Basin countries. Egypt depends on the river for 97 per cent of its water requirements and Ethiopia has invested in its future. Can the northeastern quadrangle of Africa create a new paradigm? The concept of an Eastern Development Corridor proposed by former Egyptian Assistant Foreign Minister Mohamed Higazy seeks multipronged cooperation for a development corridor with dams, irrigation, riverine transport, power distribution and access for Ethiopia to Egypt’s Mediterranean ports.

While Egypt is committed to negotiations and will seek the best possible deal, its occasional jingoism is matched by Ethiopian exhilaration. Egypt believes that the other countries have failed to restrain Ethiopia from filling the dam. This is why the country keeps returning to the UN Security Council option and, with Sudan, will play the Arab card unless the AU is able to bridge the differences.

It appears that South Africa as AU Chair is keeping the UNSC from acting until the AU effort is complete. Meanwhile it is a challenge to South Africa’s ability to keep aligned AU members whose animosity pre-dates the AU itself. Egypt’s twin identities as a member of the Arab League and as an African country are being tested. The country persuaded the League to support its stance when it went to the UNSC in June. Djibouti and Somalia, two Arab countries which border Ethiopia, did not concur fully with the resolution while Ethiopia remains critical of “blind” Arab League support for Egypt. The Arab Committee that was formed to follow up on the matter at the UNSC includes Morocco, Jordan, Saudi Arabia and Iraq, countries which now have weightier US-Israel-Arab matters at hand.

Has Ethiopia outrun Egypt as Emad Al-Din Hussein wrote in the Al-Shorouq newspaper? Or is Egypt running too fast for its own good? Its options may expand if belligerence is replaced with a more visionary approach rather than a zero-sum game. Will Egyptian calm meet with the appropriate Ethiopian response?

The countries involved in the GERD are three of the largest in Africa and they could all benefit from coordinated action. The GERD exists and will function as Ethiopia has determined. Meanwhile the mistrust is deepening as Ethiopia feels empowered to alter past equations. The dry season issue is best left to a technical committee which will monitor the real situation during every season and work on actual water flows. If trust is restored and public belligerence diminishes, the mutual interests of the three countries may be served. With their large populations and growth indicators, Egypt, Ethiopia and Sudan could be the growth segment of Africa. The immediate need is to avoid diplomatic disagreements from degenerating into physical conflict. In the medium term the three countries could be persuaded to be partners for growth and in this Kenya can play a positive role by engaging all parties, since in 2021 South Africa will cede the AU leadership to DR Congo, a country which may not have an abiding interest in the issue.

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