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Is the BBI a Trojan Horse Disguised as a Guardian Angel?

10 min read.

The Building Bridges Initiative fails to inspire because it offers simplistic solutions to problems that have more to do with poor leadership than with Kenyans’ inability to be responsible citizens.

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Is the BBI a Trojan Horse Disguised as a Guardian Angel?
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I have resisted commenting on the recently launched Building Bridges Initiative (BBI) report, mainly because in Kenya today if you oppose the BBI, you are labelled as being in Deputy President William Ruto’s camp, and if you support it, you are seen as being on the side of President Uhuru Kenyatta and his new ally, former opposition leader, Raila Odinga. And since I do not belong to either of these groups, I was afraid that by commenting on the report, I might inadvertently be labelled pro-Uhuru or pro-Ruto.

Critics of the BBI have mainly focused on whether amending the constitution through the BBI process is, in fact, unconstitutional as it would bypass many of the requirements for amending the 2010 constitution, which are onerous and virtually impossible to fulfill without a national consensus. Some critics, like the Kenya Conference of Catholic Bishops, say that by giving the president power to appoint a prime minister and two deputy prime ministers, the BBI is calling for a return to an imperial presidency.

On the other hand, supporters of the BBI – particularly the “handshake” stakeholders and many commentators in the mainstream media – have lauded the BBI for being the magic pill that will unite the country and spur social and economic development.

Intellectual surrender 

Having now read the abridged version of the BBI report, I can conclusively say that it has failed to address the biggest crisis facing this country – that of poor leadership. The most offensive and egregious section of the report is undoubtedly the opening Validation Statement, which places the responsibility for all that is wrong with this country squarely on the shoulders of Kenyans – not on our leaders, who got us into the mess we are in in the first place.

The report states: “Kenyans decried the fact that Kenya lacked a sense of national ethos and is increasingly a nation of distinct individuals instead of an individually distinct nation. And we have placed too much emphasis on what the nation can do for each of us – our rights – and given almost no attention to what we each must do for our nation: our responsibilities.”

As Wandia Njoya pointed out in a recent article, what the BBI has effectively done is told Kenyans that they are to blame if their rights are violated. And if moral and ethical standards have dropped across the country, it’s not because the country’s politicians have lowered moral and ethical standards and have set a bad precedent, but because Kenyans just don’t know how to behave properly. It’s called blaming the victim.

It suggests that Kenyans are somehow wired to be evil or corrupt, that decades of state-inflicted brutality against citizens – an offshoot of a neocolonial dispensation where citizens are treated as gullible and exploitable subjects – has nothing to do with the culture of impunity we find ourselves in. That the contemptuous way in which we are treated by state institutions – at police stations, in public hospitals, in government offices – is somehow our fault. And that the example of how to behave was not established by the state and its officials that consistently fail to deliver justice to Kenyans and turn a blind eye to violence committed by state and security organs, especially against the poor. Remember, this is a country where a chicken thief can end up spending a year in jail, but a minister who has stolen billions from state coffers can get away scot-free.

Njoya writes:

We are told that discussing history is blaming colonialists and refusing to take responsibility for our own actions. That discussing ethnic privilege and patronage is attacking every single member of that ethnic group. That discussing patriarchy is blaming men. That explaining systemic causes of problems is explaining away or excusing those problems. Every public conversation in Kenya is a war against complex thinking. We have reached the point where Kenyan public conversations are pervaded by this system of intellectual simplification.

Hence the BBI’s proposal to set up a new commission to address “indiscipline in children, breakdown of marriages and general erosion of cultural values in today’s society”. Presumably, this commission will take on the role of parents, school teachers and community leaders “by mainstreaming ethics training and awareness in mentoring and counselling sessions in religious activities and through community outreach programmes”.

What is being implied here is that if only Kenyans were more religious, they might not behave so badly. (I wonder if the drafters of the report know that Kenyans are among the most religious people in the world. Yet we are consistently ranked as among the most corrupt countries on the planet.)

The BBI report recognises that ethnic divisions have polarised the country, but it does not acknowledge that ethnic polarisation is the result of a political leadership that forms opportunistic tribal alliances for its own advantage and is happy to pit one ethnic community against another in order to win elections.

Moreover, its recommendations on how to reduce ethnic animosity appear to be based on the idea that if you force different ethnic communities to live in close proximity to each other, Kenya will miraculously become a society where all ethnic groups live together in peace and harmony.

There is also this misguided belief that if the people in authority are from an ethnic group that is distinct from the ethnic group that these people lord over, there will be more accountability (a model borrowed from the Kenya Police and the colonial and post-colonial district and provincial commissioners’ templates). Hence the Ministry of Education should “adopt policy guidelines that discourage local recruitment and staffing of teachers”.

Many sociologists and behavioural scientists might argue that, in fact, if you want more accountability and cohesion in a community, the leadership should come from that same community. So, for instance, if police officers belong to the same ethnic community that they serve and protect, they are more likely to be more accountable to that community because any signs of misconduct on the part of the officer will be perceived as having a direct bearing on the welfare of that community. A bribe-taking officer is more likely to be reprimanded by his community because it is his community that suffers when he takes a bribe. A Kalenjin police officer posted in Malindi, for instance, will not care what the Giriama community he is extorting bribes from or is brutalising think of him because he is not part of them and is not accountable to them or to their community leaders and elders. This accountability is further diminished by the current practice of police officers regularly being transferred to different localities.

Similarly, in schools, particularly those in remote or marginalised areas, it is important that the teachers be from that community because they also play the role of mentors and role models. We are more likely to follow in the footsteps of someone who looks like us and who has a similar history than someone who doesn’t. Which is why Vice President-elect Kamala Harris has opened the doors to leadership for so many girls and women of colour in the United States.

This is not to say that the BBI report glosses over the problems facing marginalised communities. On the contrary, it makes it a point to highlight that “the marginalised, the under-served and the poor” are suffering and are in urgent need of “an immediate helping hand and employment opportunities to help them survive”. What the report fails to recognise is that the Constitution of Kenya 2010 was designed to ensure that such communities are not condemned to perpetual poverty. Devolution was supposed to sort out issues of marginalisation by ensuring that previously marginalised communities and counties are empowered to improve their own welfare. By making them recipients of hand-outs, the BBI has added insult to their injury.

Thankfully, the report does recommend that previous reports by task forces and land-related commissions, including the Ndung’u Land Commission and the Truth, Justice and Reconciliation Commission (TJRC), be implemented. My question is: If President Uhuru Kenyatta did not implement the recommendations of the TJRC, which handed its report to him in May 2013 shortly after he assumed the presidency, what guarantees do we have that he and his BBI team will implement the recommendations now? The president has also failed on his promise of a Sh10 billion fund for victims of historical injustices. What has changed? Clearly not the leadership (and here I mean the entire leadership, not just Uhuru’s).

Silences and omissions

Moving on to another marginalisation issue: women’s representation. We all know that Parliament has actively resisted the two-thirds gender rule spelled out in the constitution. So what epiphany has occurred now that suddenly there is an urgent desire to include more women in governance institutions? If Parliament had just obeyed the constitution, there would not be a proposal in the BBI to ensure that no more than two-thirds of members of elective or appointive bodies be of the same gender. It would be a given.

And yet while BBI gives with one hand, it takes with the other. The BBI task force proposes that the position of County Women’s Representative in the National Assembly be scrapped.

What’s worse, the BBI actually appears to welcome the recommendation of “some Kenyans” that Independent Electoral and Boundaries Commission (IEBC) commissioners be appointed by political parties. Really? If you think that the 2007, 2013 and 2017 elections were fraudulent and chaotic, then wait for serious fraud and possible violence in an election where the electoral body’s commissioners represent party interests. (If I had my way, I would disband the IEBC altogether and put together a non-partisan body comprising foreign officials to run elections in this country. Maybe then we would have some hope of a free, fair and corruption-free election.)

The BBI is also silent on the role of the IEBC in vetting candidates, and ensuring that they adhere to Chapter Six of the Constitution on leadership and integrity. Let us not forget that many of the candidates in the last two elections had questionable backgrounds, and some were even facing charges in court. Why did the IEBC not ensure that those running for office had clean records?

On the economy, or what it calls “shared prosperity”, the BBI, emphasises the role of industry and manufacturing in the country’s economic development but is silent on agriculture, which currently employs about half of Kenya’s labour force and accounts for nearly 30 per cent of Kenya’s GDP, but which remains one the most neglected and abused sectors in Kenya. It’s a miracle that our hardworking and much neglected farmers are able to feed all of us, given that they receive so little support from the government, which consistently undermines local farmers by importing cheap or substandard food and by providing farmers with few incentives.

Besides, it is highly unlikely that Kenya will become a factory for the region, let alone the world, like China, because it simply does not have the capacity to do so. Why not focus on services, another mainstay of the economy?

The BBI also talks of harnessing regional trade and cooperation and sourcing products locally but, again, we know this is simply lip service. If Uhuru Kenyatta’s government was keen on improving trade within the region, it would not have initiated a bilateral trade agreement with the United States that essentially rubbishes and undermines the country’s previous regional trade agreements with Eastern and Southern African countries and trading blocs.

On the yoke around every Kenyan’s neck – corruption – the BBI’s approach is purely legalistic and administrative. It wants speedy prosecution of cases involving corruption and wastage of public resources and it wants to protect whistleblowers. (Good luck with the latter. In my experience, no whistleblower protection policy has protected whistleblowers, not even in the United Nations.)

BBI also wants to digitise all government services to curb graft. But as the economist David Ndii pointed out at the recent launch of the Africog report, “Highway Robbery: Budgeting for State Capture”, if corruption is built into the very architecture of the Kenyan government, no amount of digitisation will help. Remember how the Integrated Financial Management Information System (IFMIS) was manipulated to steal millions from the Ministry of Devolution in what is known as the NYS scandal? Computer systems are created and run by people, and these people can become very adept at deleting their digital footprints from these systems. As the former Auditor-General, Edward Ouko, pointed out, when corruption is factored into the budget (i.e. when budgets are prepared with corruption in mind), corruption becomes an essential component of procurement and tendering processes. So let’s think of more creative and innovative ways of handling graft within government.

Which is not to say that the BBI task force has not struggled with this issue. There are various proposals to amend public finance laws to make the government more accountable on how it spends taxpayers’ money. But we know that these laws can be undermined by the very people responsible for implementing them, as the various mega-corruption scandals in various ministries and state institutions have shown.

A Trojan horse? 

Many Kenyans suspect that perhaps the real and only reason for the BBI is that it will allow for the creation of new powerful positions – such as that of prime minister to accommodate both Raila Odinga and Uhuru Kenyatta – and will set the stage for a return to a parliamentary system of governance instead of the current presidential “winner-takes-all” system. But while the latter might appear to be a worthwhile endeavour, the fact that former opposers of the new constitution and the parliamentary system now appear to be endorsing both suggests that there is something more to this than meets the eye. As Prof. Yash Pal Ghai has repeatedly stated, the constitution endorsed at Bomas was premised on a parliamentary system and was only changed at the last minute to accommodate a presidential system. That is how we ended up where we are now.

It also appears strange that those who benefitted most from the presidential system now want to change the constitution.  As Waikwa Wanyoike, put it:

Worse, those hell-bent on immobilising the constitution have done so by conjuring up and feeding a narrative that it is an idealistic and unrealistic charter. Because they wield power, they have used their vantage points to counter most of the salutary aspects of the constitution. Uhuru Kenyatta’s consistent and contemptuous refusal to follow basic requirements of the constitution in executing the duties of his office, including his endless defiance of court orders, stands out as the most apt example here.

Yet all this is calculated to create cynicism among Kenyans about the potency of the constitution. Hoping that the cynicism will erode whatever goodwill Kenyans have towards the constitution, the elites believe that they can fully manipulate or eliminate the constitution entirely and replace it with laws that easily facilitate and legitimise their personal interests, as did Jomo Kenyatta and Moi.

If indeed we want to go back to a parliamentary system through a referendum, then we should hold the referendum when the current crop of politicians (some of whom, including Uhuru Kenyatta and William Ruto, were opposed to the 2010 constitution in the first place) are not in leadership positions because many Kenyans simply don’t trust them to do what is in Kenyans’ best interest. After all, a fox cannot be relied on to guard a chicken coop.

Already the president has urged Parliament to pass laws that conform to the BBI proposals – this even before the proposed referendum that will decide whether the majority of the country’s citizens are for or against the BBI’s raft of recommendations. In other words, the BBI proposals may become laws even before the country decides whether these laws are acceptable and are what the country needs.

Are the goodies proposed in the BBI, such as providing debt relief to jobless graduates and allocating a larger share of national revenue to the counties, just enticements to lure Kenyans onto the BBI bandwagon so as to ensure that the current political establishment consolidates its hold on power? Is the BBI a Trojan horse disguised as a guardian angel? Only time will tell.

One possibility, however, is that a groundswell of public opinion against the BBI might just overturn the whole process.

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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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Lava Jato: The CIA’s Poisoned Gift to Brazil

Recently leaked conversations show shocking levels of US involvement in Brazil’s Lava Jato corruption case against former president Lula da Silva.

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Lava Jato: The CIA’s Poisoned Gift to Brazil
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“I’m going to celebrate today.”— Laura Tessler

“A gift from the CIA.”— Deltan Dallagnol

These recently leaked quotes refer to the arrest and jailing of former Brazilian President Lula da Silva in April 2018 that changed the course of the country’s history. It opened the door to far-right candidate Jair Bolsonaro, who came to power with the support of the United States and powerful corporate interests.

Although US involvement in the once heralded anti-corruption investigation operation Lava Jato has been publicly known for some time, leaked conversations between its prosecutors like Tessler and Dallagnol and Judge Sergio Moro have revealed a level of collusion that has shocked even the keenest observers.

A petition filed with the Federal Supreme Court (STF) by the defence of ex-president Lula presents such new evidence that ex-judge Sergio Moro colluded with foreign authorities in conducting the process which led to the arrest of the Workers Party leader, and his subsequent barring from a run for the presidency in 2018.

In the latest leaked Telegram conversations, which are now official court documents, the level of illegal collaboration visible between the Lava Jato task force and the internationally promoted judge is the most flagrant yet, and more valuable for Lula’s defence than chats first published by the Intercept in 2019.

The latest excerpts could result in the politically motivated case against Lula being annulled.

Ex-judge Sergio Moro and head of the Lava Jato task force Deltan Dallagnol have been accused of “treason” for their illegal collusion with United States authorities. In 2017, deputy US attorney general Kenneth Blanco boasted at an Atlantic Council event of informal (illegal) collaboration with Brazilian prosecutors on the Lula case, citing it as a success story. In 2019 the U.S. Department of Justice attempted to pay the Lava Jato task force a $682 million dollar kickback, ostensibly for them to set up a “private foundation to fight corruption”.

On April 5, 2018, the day Lula was arrested by Moro, prosecutor Isabel Grobba revealed the news: “Moro orders Lula to be arrested,” and Deltan Dallagnol replied: “Before MA (Supreme Court Justice Marco Aurélio) screws everything up.” Dallagnol was referring to what Marco Aurélio was then preparing; a Supreme Court vote which would potentially see defendants such as Lula freed from jail pending their second appeal.

Had this passed, it would’ve enabled Lula to run for president at the 2018 election. Polling at that point showed him twenty points ahead of nearest rival, U.S. backed far right candidate Jair Bolsonaro.

After coming to power, Jair Bolsonaro and Sergio Moro — who had been appointed as Bolsonaro’s Justice Minister — made an unprecedented visit to CIA headquarters in Langleywith the backing of Wall Street. The FBI has also massively increased its reach in Brazil since the election and was in direct, legal and illegal collaboration with Lava Jato task force since its inception, with its main liaison and now head of FBI’s international corruption unit, Leslie Backschies, boasting that it had “toppled Presidents in Brazil”.

Cooperation between Brazilian and United States authorities, including the use of FBI hackers to break encrypted files, had become clear long before the arrest of the ex-president. Messages from August 31, 2016, when Dilma Rousseff faced her final impeachment hearing, already prove this.

FBI use of hackers in Brazil dates back to 2012 when they encouraged a group from ‘Anonymous’ to attack Brazilian government and corporate institutions and online infrastructure, in a staged protest against “corruption”. Sérgio Bruno revealed: “Janot (Prosecutor General) was with people from the US Embassy last week and it seems that he commented on this [breaking into files via illegal means], without going into details (sic)”.

On the same day, Brazilian prosecutor Roberson Pozzobon also mentions the task force’s cooperation with FBI hackers: “We asked to see if the FBI has the expertise to break (into encrypted files)”.

The following year, Janot toured the world promoting Operation Lava Jato at investor events, both in the United States, and at the World Economic Forum in Davos, describing the now-disgraced anti-corruption operation as “pro-market”, a political position it was not supposed to have. Cooperation with Swiss and Swedish authorities is also evident from the leaked conversations.

A recent announcement has stated that Lava Jato, or Car Wash, as it was relentlessly promoted in the English-speaking media, will be shut down completely later this year, having helped wreck Brazil’s economy and eviscerate its democracy.

Editorial note: The following is an edited version of the article originally published by Brasil Wire. It has been amended to provide context for the recent developments in the Lava Jato corruption case. You can find all of Brasil Wire’s articles on operation Lava Jato here.

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Is Balkanisation the Solution to Somalia’s Governance Woes?

Thirty years after the civil war of 1991, Somalia has still not been able to develop a functional governance structure that delivers services to the people. Federalism has also not delivered political stability. Is it time for Somalia to break up into independent clan-based states?

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Is Balkanisation the Solution to Somalia’s Governance Woes?
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When former prime minister Mohamed Abdullahi Farmaajo was elected president of the Federal Government of Somalia in 2017, many lauded his victory. Unlike his predecessors, Farmaajo was viewed as a leader who would unite the country because he had a nationalistic mindset and was someone who was not influenced by clan interests. Many believed that, unlike his predecessor, Hassan Sheikh, whose tenure was marred by corruption allegations and in-fighting, he would bring together a country that has remained fragmented along clan lines and endured internal conflicts for decades. He was also perceived to be someone who would address corruption that has been endemic in every Somali government since the days of President Siad Barre.

Sadly, Farmaajo’s tenure did not result in significant transformation of Somali governance structures or politics. On the contrary, his open hostility towards leaders of federal states – notably Jubbaland, where he is said to have interfered in elections by imposing his own candidate – and claims that corruption in his government had increased, not decreased, left many wondering if he had perhaps been over-rated. Now opposition groups have said that they will not recognise him as the head of state as he has failed to organise the much anticipated one-person-one-vote election that was due this month, which would have either extended or ended his term. This apparent power vacuum has caused some jitters in the international community, whose backing Farmaajo has enjoyed.

However, it would be naïve to assume that Farmaajo’s exit is a critical destabilising factor in Somalia, because, frankly, the president in present-day Somalia is merely a figurehead; he does not wield real power. The government in Mogadishu has had little control over the rest of the country, where clan-based fiefdoms and federal states do pretty much what they want, with little reference go Mogadishu. National security is largely in the hands of the African Union Mission in Somalia (AMISOM) forces, not the Somalia National Army.

The concept of a state that delivers services to citizens has also remained a mirage for most Somalis who are governed either by customary law known as xeer or the Sharia.  Some have even argued that with its strict codes and hold over populations through systems of “tax collection” or “protection fees” combined with service delivery, Al Shabaab actually offers a semblance of “governance” in the areas it controls – even if these taxes are collected through extortion or threats of violence.

In much of Somalia, services, such as health and education, are largely provided by foreign faith-based foundations, non-governmental organisations or the private sector, not the state. Many hospitals and schools are funded by foreign (mostly Arab) governments or religious institutions. This means that the state remains largely absent in people’s lives. And because NGOs and foundations can only do so much, much of the country remains unserviced, with the result that Somalia continues to remain one of the most underdeveloped countries in the world, with high levels of illiteracy (estimates indicate that the literacy rate is as low as 20 per cent). State institutions, such as the Central Bank and revenue collection authorities, are also either non-existent or dysfunctional.

Efforts by the United Nations and the international community to bring a semblance of governance by supporting governments that are heavily funded by Western and Arab countries have not helped to establish the institutions necessary for the government to run efficiently.  On the contrary, some might argue that that foreign aid has been counter-productive as it has entrenched corruption in government (as much of the aid is stolen by corrupt officials) and slowed down Somalia’s recovery.

Foreign governments have also been blamed for destabilising Somalia. The US-backed Ethiopian invasion of Somalia in 2006, which succeeded in ousting the Islamic Courts Union (ICU) – which had successfully brought about a semblance of governance in Somalia through a coalition of Muslim clerics and businessmen –  spawned radical groups like Al Shabaab, which have wreaked havoc in Somalia ever since.  Kenya’s misguided “incursion” into Somalia in 2011, had a similar effect: Al Shabaab unleashed its terror on Kenyan soil, and Kenya lost its standing as a neutral country that does not intervene militarily in neighbouring countries. Certain Arab countries, notably Qatar and the United Arab Emirates, have also been accused of interfering in Somalia’s elections by sponsoring favoured candidates.

All of Somalia’s governments since 2004, when a transitional government was established, have thus failed to re-build state institutions that were destroyed during the civil war or to deliver services to the Somali people. In its entire eight-year tenure, from October 2004 to August 2012, the Transitional Federal Government (TFG) did not have the capacity to become a fully functioning government, with a fully-fledged revenue collecting authority and robust ministries.  Ministers had no portfolios and ministries had skeletal staff. The national army was weak and under-funded, and since 2007, the government has relied almost exclusively on African Union soldiers for security, though some donors, notably Turkey, have attempted to revive the Somalia National Army.

Somalia’s first post-transition government was elected in 2012 under a United Nations-brokered constitution. Hassan Sheikh was elected as president with much enthusiasm and in the belief that things would be different under a government that had the goodwill of the people. In his first year in office, President Hassan Sheikh was named by TIME magazine as one of the world’s 100 most influential people. Somalia expert Ken Menkhaus called his election “a seismic event” that “electrified Somalis and both surprised and relieved the international community”. However, it would not be long before his government would also be marred by corruption allegations.

What governance model should Somalia adopt? 

There has been some debate about which type of governance model is most suitable for a country that is not just divided along clan/regional lines, but where lack of functioning secular institutions threaten nation-building.

Federalism, that is, regional autonomy within a single political system, has been proposed by the international community as the most suitable system for Somalia as it caters for deep clan divisions by allocating the major clans semi-autonomous regional territories.  The 4.5 formula for government representation proposed by the constitution based on the four largest clans (Darod, Hawiye, Dir and Rahanweyne) and 0.5 positions for minorities does acknowledge the reality of a clan-based society, but as Somalia’s recent history has shown, clan can be, and has been, manipulated for personal gain by politicians.  As dominant clans seek to gain power in a federated Somalia, there is also the danger that the new federal states will mimic the corruption and dysfunction that has prevailed at the centre, which will lead to more competition for territories among rival clans and, therefore, to more conflict.

Several experts have also proposed a building block approach, whereby the country is divided into six local administrative structures that would eventually resemble a patchwork of semi-autonomous territories defined in whole or in part by clan affiliation.. In one such proposal, the Isaaq clan would dominate Somaliland in the northwest; the Majerteen in present-day Puntland would dominate the northeast; the heterogeneous Jubbaland and Gedo regions bordering Kenya would have a mixture of clans (though there are now fears that the Ogaden, who are politically influential along the Kenya border, would eventually control the region); a Hawiye-dominated polity would dominate central Somalia; the Digil-Mirifle would centre around Bay and Bakol; and Mogadishu would remain a cosmopolitan administrative centre.

Somaliland offers important lessons on the governance models that could work in a strife-torn society divided along clan lines and where radical Islamist factions have taken root. Since it declared independence from Somalia in 1991, Somaliland has remained relatively peaceful and has had its own government and institutions that have worked quite well and brought a semblance of normality in this troubled region.

After Siad Barre ordered an attack on Hargeisa following opposition to his rule there, Somaliland decided to forge its own path and disassociate from the dysfunction that marked both the latter part of Barre’s regime and the warlordism that replaced it during the civil war. It then adopted a unique hybrid system of governance, which incorporates elements of traditional customary law, Sharia law and modern secular institutions, including a parliament, a judiciary, an army and a police force.  The Guurti, the upper house of Somaliland’s legislature, comprises traditional clan elders, religious leaders and ordinary citizens from various professions who are selected by their respective clans. The Guurti wields enormous decision-making powers and is considered one of the stabilising factors in Somaliland’s inclusive governance model. Michael Walls, the author of A Somali Nation-State: History, Culture and Somaliland’s Political Transition, has described Somaliland’s governance model as “the first indigenous modern African form of government” that fuses traditional forms of organisation with those of representative democracy.

However, Somaliland’s governance model is far from perfect: the consensual clan-based politics has hindered issue-based politics, eroded individual rights and led to the perception that some clans, such as the dominant Isaaq clan, are favoured over others. Tensions across its eastern border with Puntland also threaten its future stability.

In addition, because it is still not recognised internationally as a sovereign state, Somaliland is denied many of the opportunities that come with statehood. It cannot easily enter into bilateral agreements with other countries, get multinational companies to invest there or obtain loans from international financial institutions, though in recent years it has been able to overcome some of these obstacles.

Somaliland is also not recognised by the Federal Government of Somalia, which believes that Somaliland will eventually relent and unite with Somalia, which seems highly unrealistic at this time.  This is one reason why the Somali government gets so upset when Kenyan leaders engage with Somaliland leaders, as happened recently when Mogadishu withdrew its ambassador from Nairobi after President Uhuru Kenyatta met with the Somaliland leader Musa Bihi Abdi at State House. Raila Odinga’s recent call to the international community to recognise Somaliland as an independent state has been welcomed by Somalilanders, but is viewed with suspicion by the federal government in Mogadishu

Nonetheless, there has been some debate about whether Somaliland’s hybrid governance model, which incorporates both customary and Western-style democracy, is perhaps the best governance model for Somalia. Is the current Western- and internationally-supported political dispensation in Somalia that has emerged after three decades of anarchy a “fake democracy”?  Can Somalia be salvaged through more home-grown solutions, like the one in Somaliland? Should Somalia break up into small autonomous states that are better able to govern themselves?

Balkanisation is usually a deprecated political term referring to, according to Wikipedia, the “disorderly or unpredictable fragmentation, or sub-fragmentation, of a larger region or state into smaller regions or states, which may be hostile or uncooperative with one another”. While usually associated with increasing instability and conflict, balkanisation could nonetheless still be the only solution for a country that has been unable to unite or to offer hope to its disillusioned citizens for more than three decades.

As Guled Ahmed of the Middle East Institute notes, “the 1995 Dayton accords, which ended the Bosnian war, paved the way for ethnic balkanisation of former Yugoslavia into six countries. This resulted in peace and stability and prosperity. So if Eastern European countries can separate along ethnicism, why not balkanise Somalia with multi-ethnicism just like the former Yugoslavia to achieve peace and stability and fair elections based on one person one vote?”, he said.

Ahmed told me that balkanisation would also eliminate Al Shabaab (which has been fighting the government in Mogadishu for the last 14 years) as the independent states created would be more vigilant about who controls their territories and also because people will have more ownership of their government. Somali refugees languishing in Kenya, Ethiopia and elsewhere might also be tempted to finally return home.

Balkanisation can, however, be messy – and bloody. But Somalia need not go down that route. A negotiated separation could still be arrived at peacefully with the blessing of the international community. If the international community is serious about peace and stability in Somalia, it should pave the way for these discussions. Sometimes divorce is preferable to an acrimonious marriage.

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The Danger of the Single Story and Africa’s Refugee Equilibrium

Africans’ lack of knowledge about our own shared refugee experiences continues to fuel hate and discrimination on the continent.

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The Danger of the Single Story and Africa’s Refugee Equilibrium
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For far too long, the global refugee situation has been misconstrued as static, with certain parts of the globe generating disproportionate numbers of refugees and others perpetually faced with the burden of hosting displaced peoples. In particular, Africa is seen as a producer rather than a receiver of refugees. To be clear, Africa is not a continent that feeds the world with refugees any less than it hosts them. Although Africa is seen as exceptional in terms of global refugee networks, the factors accounting for refugee crises can bedevil any region at any point in time. These factors include war, natural disasters, political upheavals, military coups, civil strife, religious or cultural persecutions, personal circumstances, economic hardship, terrorist activities, and many more.

African countries, as much as any other, have taken turns in both generating and hosting refugees, and if history is any measuring rod, will continue to do so. It is the African refugee equilibrium, a phenomenon whereby a country that at one moment in its history is feeding its neighbors with refugees can become, at another moment, the receiver of refugees from those same neighbors. Africa isn’t just feeding the world with migrants and refugees but is top on the list of hosts. As per the UNHCR statistics of 2018, 30% of the world’s 25.9 million registered refugees were being hosted in Africa. Yet, the numbers of Africans who make their way to the West as refugees and migrants occupy the headlines of international news, painting the continent and the people as a miserable “sea of humanity,” perpetually flooding the rest of the world, especially North America and Europe.

Examples of how Africa has been mutually hosting its own refugees and taking turns are unlimited. The regions of Central and West Africa have particularly exemplified the concept of the African refugee equilibrium, with many nations taking turns in generating and hosting refugees. Even in the days when it suffered refugee and migrant crises, few Equatorial Guineans left the continent; the vast majority fled to nearby Cameroon, Gabon, and Nigeria. During the First World War, the German colony of Kamerun fed the Spanish colony of Guinea with tens of thousands of refugees. But in the 1970s, Cameroon, in turn, hosted about 30,000 refugees from Equatorial Guinea. During the Nigerian Civil War, Nigeria fed several of its West and Central African neighbors with tens of thousands of refugees, including children, who ended up in countries such as Gabon and Ivory Coast. The post-civil war era has seen Nigeria host hundreds of thousands of refugees and migrants from its neighbors, even while Nigeria itself simultaneously feeds some of those neighbors with a new category of refugees.

West and Central Africa are not unique in this exchange. Since the 1960s, nations in East and Southern Africa have taken turns between hosting and generating refugees. In East Africa, the Kakuma refugee camp in the northwest of Kenya currently hosts about 200,000 refugees from more than 20  neighboring countries, including refugees from Ethiopia, Somalia, Sudan, South Sudan, Uganda, Democratic Republic of Congo, and Burundi, to name but a few. Uganda, which has sent refugees to its neighbors, including Kenya, hosts its own refugees and refugees from others. Uganda’s Bidibidi refugee camp currently ranks the second largest in the world.

Perhaps more interestingly is the fact that besides mutually hosting its own refugees, Africa has hosted refugees from other continents, including from Europe. While examples abound, a few here will suffice. During the late 19th century and the 20th century in the midst of anti-Semitism, a significant number of European Jews entered North and Eastern Africa as refugees, with some settling in as far as South Africa. On the eve of the First World War, there were already more than 40,000 Jewish migrants and refugees settled in South Africa. In the 1930s, South Africa again received more than 6,000 Jewish refugees from Nazi Germany. During the Second World War, in excess of 20,000 Polish refugees, who had been evicted from Russia and Eastern Europe following German invasion, were received and hosted in East and Southern Africa, including in modern day Tanzania, South Africa, and Zimbabwe. In the 1960s, the crisis of war and decolonization in the Congo caused the flight of several thousand whites from the Congo. They were hosted as refugees in a number of African countries, including South Africa, Congo-Brazzaville, Angola, the Central African Republic, Tanganyika, Rwanda, and Burundi.

The examples provided here only scratch the surface of the African refugee equilibrium, but they each demonstrate that we must pay attention to historical antecedents in refugee studies. In other words, we need to historicize African refugee studies. Only by so doing can we fully appreciate the important and diverse role that Africa plays. This approach clearly shows that if our neighbors are currently facing a refugee crisis and turn to us for assistance, we must view them with respect and compassion; it could soon be our turn and we could need them.

There are constant examples across Africa where our lack of knowledge of our own shared refugee experiences or sometimes outright denial of history continues to inform the way we treat fellow Africans with disdain and hostility. Xenophobia (better known as Afrophobia) in South Africa is just one example. The African Centre for Migration and Society (ACMS) has carefully documented xenophobic attacks against other African refugees and migrants in South Africa since 1994, establishing several cases where in many South African towns and cities, South Africans attacked, injured or even killed African refugees and migrants. If only an average South African knew that not too long ago many African countries were safe havens to many of their countrymen and women during the anti-Apartheid struggle, they would think twice before unleashing xenophobic attacks against other Africans. Even across West and Central Africa, there have been several instances of both civilian African populations and their governments treating other African refugees in their countries with unbelievable hostility. When oil was suddenly discovered in Equatorial Guinea in the late 1990s and early 2000s, Equatoguineans and the government alike, quickly forgot their shared refugee and migrant history with Cameroon, and began a series of hostilities against Cameroonian refugees and migrants who came to Equatorial Guinea for “greener pastures.” An informed knowledge about our collective refugee and migrant experiences would go miles in ensuring that Africans and African governments treat other African refugees and migrants in their countries in a friendlier and more accommodative fashion.

There is, however, hope on the horizon. Africanists are increasingly turning their attention to refugee studies and the African refugee equilibrium. Two special issues are forthcoming in the Canadian Journal of African Studies and in Africa Today, both of which showcase Africa’s shared and diverse refugee and migrant experiences. These issues are part of the efforts to redress the image of Africa and the misconceptions surrounding the continent regarding migrants and refugee movements.

What all of these means is that it is only a matter of time before the static image of African refugee dynamics and the African refugee equilibrium will displace these ahistorical ideas.

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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