Tigray: Call It Genocide, Prosecute Its Leaders and End It5 min read.
The Tigrayan people should not, must not, wait for one century, one year or even one more day for the world to acknowledge their plight and rescue them from obliteration.
On 26 May 2021, US President Joe Biden issued a bold statement on the raging crisis in Ethiopia, warning of escalating violence and the hardening of regional and ethnic divisions, including the “large-scale human rights abuses” and “widespread sexual violence” taking place in Tigray. But he stopped short of calling the appalling atrocities in Tigray by their true name: genocide.
Just one month earlier, Biden had righted an historic wrong by pronouncing the attempted extermination of Armenians by the Ottoman Empire in 1915 to have been a “genocide.” The Armenians had waited 106 years for this rhetorical symbol of justice. The Nazis’ attempt to eradicate the Jewish people was not recognised until it was too late to do anything about it. Rwandans had to wait four full years to hear President Bill Clinton express “deep regret” that he had not declared the massacre in 1994 of a million of their compatriots a genocide. Biden’s condemnation sends a message of solidarity to Ethiopians everywhere and to the people of Tigray in particular. But it also risks igniting false hopes that the international community will now take decisive action to prevent the erasure of an entire nation.
For almost seven months now, the armies of Ethiopia and Eritrea, aided and abetted by extremist militias from the neighbouring Amhara ethnic group, have been engaged in a well-planned, deliberate and systematic genocide of the Tigrayan people. The government in Addis Ababa claims that the Tigrayan People’s Liberation Front (TPLF) started the fighting with a surprise attack on a military garrison and that they must be brought to justice. The TPLF claims that a pre-emptive strike was necessary to disrupt the government’s pre-meditated war plans. But it no longer matters who fired the first shot or whether the ossified TPLF leadership should have anticipated that armed conflict could be used to justify their people’s extermination. Between November 2020 and March 2021, the University of Ghent, in Belgium, documented more than 150 massacres across Tigray, including victims as young as two years old and as old as 93; the killing has continued unabated.
Despite systematic government attempts to restrict humanitarian access and impose a media blackout, some courageous journalists, aid workers and activists have succeeded in reporting these atrocities. But most of Tigray remains inaccessible to outsiders and communications are severely restricted, so the vast majority of these crimes remain unknown and undocumented. As a medical doctor from Tigray who served in the regional capital of Mekelle during the first four months of the genocide before fleeing my country one month ago, I have watched this violence unfolding with my own eyes and I bear both personal and professional witness.
Mass murder is not enough for the masterminds of the atrocities in Tigray, Ethiopian Prime Minister Abiy Ahmed and Eritrean President Isaias Afwerki. Their armed forces and allied militias seek to exterminate the Tigrayan people by inducing mass starvation; they are burning crops and seeds, cutting trees, destroying agricultural implements, killing animals, and destroying small dams and irrigation canals, to cripple the agricultural sector. The troops grind any remaining foodstuff they find into the dirt or manure with their boots to make it inedible. In late May, UN Under-Secretary-General for Humanitarian Affairs Mark Lowcock estimated that “over 90% of the harvest was lost due to looting, burning, or other destruction, and that 80% of the livestock in the region were looted or slaughtered.”
I have watched this violence unfolding with my own eyes and I bear both personal and professional witness.
Reports by UN agencies and Tigray’s interim administration assert that more than 2.3 million people in the region are internally displaced, and 5.2 million people are in urgent need of humanitarian aid. According to UNICEF, the number of severely malnourished children in Tigray has gone up nearly 90 per cent in the past week. Uncounted numbers of people have already died of hunger. But the Ethiopian government, the Eritrean Army, and Amhara forces are determined to block humanitarian efforts, impeding and obstructing access by aid agencies. At least eight aid workers have been killed in the last six months.
The coordinated ethnic cleansing by Ethiopia and Eritrean troops in collaboration with Amhara militias also involves erasing all traces of Tigrayan identity, a heritage that dates back to the Axumite kingdom of the 2nd Century CE. To this end, they have decreed the unrestricted use of mass rape, sexual slavery, and the traumatic sterilisation of Tigrayan women as instruments of war. As a doctor I have seen the unspeakable suffering of the victims of such sexual violence, including gratuitous mutilation and torture.
But these war crimes have a much broader and equally sinister strategic purpose: the total annihilation of Tigrayans as a people. According to the Ethiopian Ministry of Health, some 1.2 million inhabitants of Western Tigray have been driven from their homes, many of them killed or incarcerated in concentration camps. The occupying authorities have officially annexed these territories and encouraged ethnic Amharas from Gojjam and Gonder regions to claim the lands, properties and assets abandoned by their rightful Tigrayan owners. While men are killed or interned, Tigrayan women and children under seven are forced to take Amhara identity if they wish to remain in their homes. Women are also forced to serve as concubines for Amhara militia so that they no longer bear children of Tigrayan descent. National census exercises in 1978 and 1994 indicated that the inhabitants of these zones were overwhelmingly Tigrigna speakers. If ethnic cleansing continues at this rate, Tigrayans could become a minority in their homeland before the end of this year.
The coordinated ethnic cleansing by Ethiopian and Eritrean troops in collaboration with Amhara militias also involves erasing all traces of Tigrayan identity.
Tigray’s unique contribution to Ethiopia’s national heritage is also being methodically obliterated. The ancient monasteries of Debredamo, Dengolat St Mary, and the Al Nejashi Mosque – possibly the oldest in Africa – have all been vandalised. Aksum, a UNESCO World Heritage site, has been razed and pillaged by Eritrean and Ethiopian troops.
The progress of this genocidal campaign beyond Tigray is hard to assess, but – as the Associated Press reported on 29 April – there is no question that Tigrayans throughout Ethiopia, and even beyond its borders, have been subjected to profiling, arbitrary arrest and detention, travel restrictions, dismissal from government posts and transfer to concentration camps. Tens of thousands of Tigrayan members of the Ethiopian National Defense Force have also been disarmed and detained on the grounds that they might pose some undefined security threat. Some have refused orders to return to Ethiopia from peacekeeping missions abroad for fear of persecution.
In addition to President Biden’s statement, the United States government and the European Union have both called for an immediate ceasefire and the withdrawal of Eritrean and Amhara forces from Tigray, and have announced plans to impose travel restrictions on Ethiopian and Eritrean officials responsible for these atrocities, with the possibility of further sanctions to follow.
These are welcome measures, but they are in no way commensurate with the scale of the crimes being committed against the people of Tigray, the depth of human suffering or the depravity of men who seek to exterminate a nation of more than 6 million people.
If ethnic cleansing continues at this rate, Tigrayans could become a minority in their homeland before the end of this year.
Genocides, like other core international crimes, do not simply “happen” or “unfold”: they are premeditated, prepared, and perpetrated by individual leaders and their followers. The killers seek to dehumanise and displace the blame onto their victims, not only to make it easier for their forces to kill, but also to confound the international community, create confusion and buy time for the long, laborious work of mass murder.
As a medical professional, as a witness, and as a husband, father, brother, and son, I cannot accept that the dead, the maimed and the destitute survivors in Tigray be stripped of their humanity. I have tended to their horrifying wounds, shared their suffering, and buried their dead. Some sympathetic observers have encouraged me to publicly describe their injuries in detail so as to elicit global revulsion, but I believe that to do so would be a second desecration of these victims. No people, whatever the alleged sins of their erstwhile political masters, should ever have to face extermination like vermin or pests at the hands of their own government.
The Tigrayan people should not, must not, wait for one century, one year or even one more day for the world to acknowledge their plight and rescue them from obliteration. President Biden and other world leaders have a moral and legal duty to call this evil in Tigray by its true name, genocide, and to identify and prosecute those ultimately responsible for this most heinous of crimes – Abiy Ahmed and Isaias Afwerki. And then to act with ruthless efficiency and determination to end the genocide.
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Unpacking the Disinformation Landscape in Kenya
How the misinformation community came together to collaborate and tackle the false information around the last general election.
In April 2022, I stepped up to lead the collective project, a collaborative journalism project that brought together fact-checkers, journalists, podcasters, digital media influencers, cartoonists, and the tech community to fight false information in Kenya. The year-long project changed the way countries prepare to deal with false information around elections.
The immense opportunity to lead the collective in the fight against election mis-/disinformation in Kenya in 2022 exposed both the players and the layered gaps within our sense-making processes as a country. I did end up in the mis-dis-mal-information space partly as a result of my training as a lawyer, a podcaster (by choice), and a feminist (by necessity), all of which have been crucial tools as we set our eyes on information pollution. I eventually ended up in the information integrity space through the work I was doing with the Mine is a Comment Podcast, a platform that brings minorities together to talk about how social, political and economic decisions affect their lives.
Tackling misinformation was a fortuitous experiment to fight fake news not only around elections but also in the prevalent everyday narratives. For the first time, the misinformation community came together to collaborate and tackle the false information around elections. The community has everyone in it–journalists from independent, mainstream and community media; fact-checkers; content creators like me who were doing amazing podcasts at the time; digital media influencers; cartoonists; journalism students, and even state regulators.
Mal-mis-dis-information issues in Kenya
The desire to bring all on board and address the various strands of misinformation meant we were all coming together with the lessons learned from previous elections about how false information polluted public debate in the 2013 and 2017 elections. We wanted to create public awareness about information pollution, its effect on elections and on our country’s political hygiene, and to teach people how to spot false information, how to debunk it, and how to disrupt the networks that spread these falsehoods. Besides, we needed to be creative about engagement with the media, the public, online storytellers, the government, and social media platforms. Coming together to do these things just made sense. In short, that’s how the collective came about.
We saw Fumbua (the collective) partner with organisations such as Africa Check, Google News Initiative, and the Media Council of Kenya to offer training, including digital literacy training workshops, to the general public. What the collective did was to get the players to offer joint training, not just to media professionals and journalism practitioners, but to anyone interested in fighting false information. We needed to scale that fight, recruit more people to the cause, so that we would have a reasonable number of people pushing back against false information online.
We had targeted to reach 60 people based on our budget, but we received nearly 300 applications. In the end, we retained just over 100, but many of those who applied are still on the waiting list. We hope that when funding allows, we will give them those important digital literacy skills to navigate the information ecosystem, not just during elections, but even right now, in-between elections when false information is still spreading.
The quality of false information during the elections had several waves depending on the phase of the electoral process. With the general election set to take place on 9 August 2022, from April to July, at the height of the campaign period, a lot of the false information centred on the candidates, their qualifications and their track record. The next wave of false information came very close to the elections and seemed to cast doubt on key institutions like the Independent Electoral and Boundaries Commission and the police, and in a way targeted the credibility of the process. The thing with this kind of dis-information is the lack of public awareness about what government institutions are doing, thus creating an information vacuum that is easily filled with false information, wild theories and dangerously unhinged opinions presented as facts.
When the results were trickling in, the electoral commission did something unprecedented. It released all the result forms from all the polling stations in the country. Anyone with an internet connection, a calculator and the patience to go through the forms, could sit down and tally the results. It is at this point that there was a surge of false information as some people declared the winners, claiming they had done a tally, even while the electoral commission was still doing the maths.
We saw verified accounts spread false information about the leading candidate. It didn’t help that media houses were doing the tallying based on their individual criteria, and so one media house would show one candidate leading, and the next media house would show the other. There was a running joke at the time that people tuned in to the station that showed that their “fifth president” was ahead.
Then, there came the useful but really ineffective advisories that social media platforms Twitter and Facebook put on posts declaring the results—they merely added a disclaimer that the official results hadn’t yet been declared. But that advisory didn’t disrupt the cycle. The falsehoods kept spreading.
We saw verified accounts spread false information about the leading candidate.
As I conclude, I must point out that what stood out for me was the relentless and consistent gender disinformation against women running for office and women with public-facing accounts like activists, political commentators and journalists. They were attacked just because of their political views. Our colleagues at Africa Check wrote about it.
How big tech handles misinformation
The collaboration with social media platforms was made possible by several of our collective members who were working with and researching the role and impact of social media platforms during the elections. These activities raised similar concerns that needed to be addressed collectively.
Meta worked with fact-checkers such as PesaCheck and Africa Check, who were part of the collective, to clean up false information on Facebook. Twitter had a partnership with Africa Check, as did Tiktok which worked with other collective members to deal with false information.
We had a lot more expectations from the platforms with regard to content moderation and taking down content spreading false information. We still need to talk.
Then we had influencers and other content creators put together very engaging content to educate the public about the risks and dangers of false information during elections. These included WOWZI, a digital marketing company and also a member of the collective. We also worked with Esther Kazungu, Njugush, Abel Mutua and Wixx Mangutha. The reason we used influencers was because, as we neared elections, politicians had recruited their army of influencers to spread false information. We had to fight fire with fire, to get influencers who were passionate about facts to help us to spread accurate information and tell the public about the dangers of false information. Our campaign with influencers was important to amplify our message about verifying messages received before sharing them.
Working collaboratively in a space such as this has its own challenges because when you work collaboratively, you have to be clear about expectations and what you bring to the table. When that is not clear, there is the risk of a member feeling underutilised. The election was also a busy period for everyone and so availability was a bit of a challenge which was understandable. There were also challenges in the form of donor funding. Donors are known to fund a lot of electoral work and this could lead to a sense of competition among members of the collective. Collaboration cures this but not with every member given that the collective was young at that point. The way forward is to cultivate trust and really build on a collaborative way to fundraise together.
As we neared elections, politicians had recruited their army of influencers to spread false information.
But to be honest, I don’t really consider these challenges as such, they are opportunities for coming up with better communication with regard to availability, expectations on both ends and how to engage with each other to build a stronger collective for the work ahead. The challenge of false information is not going away soon; we just have to be smarter about how we fight back. We are happy to see that the collaborative model is being adopted in countries where one of our partners, Africa Check, is working in Nigeria which held elections last February.
The future of combating misinformation
There is going to be a lot more training, dialogue and creative ways to tackle the information pollution we are experiencing. We will have media and digital literacy programs, campaigns against gender(ed) disinformation, and we want to also focus on holding our leaders accountable for the promises they made, not just in the counties, but also at the national government level. There’s a lot of work to be done, and I am excited about being part of it.
The challenge of misinformation and disinformation will be around for a long time. As the economy in Kenya goes through its current challenges, more people will get desperate and anxious about the future. That fear will be preyed upon by the merchants of false information, this time in rip-offs, usually phoney investment opportunities, fake property sales, and outright scams.
As the economy in Kenya goes through its current challenges, more people will get desperate and anxious about the future.
People must always remember that not all publicly available information is accurate. They must be very cautious when consuming it. It is also possible for false information to be amplified by trusted and verified sources like the media so don’t beat yourself up when you believe the information. Don’t judge yourself too harshly. Being deceived happens even to the best of our institutions because mis/dis-information is a problem across all sectors. To be safe, just stay alert.
The Blind Spot: A Graphic Novel on Food Security and Farmers’ Rights
Chief Nyamweya shines a light on the central issues of food security and the welfare of smallholder farmers in Kenya.
Some time back in May 2020, an incident occurred in Mombasa that stunned the nation. The Daily Nation reported a story of a Kisauni widow who was forced to boil stones to give her children false hope that she had some food for them. The story sent shockwaves across the country and ignited a conversation about the magnitude of the hunger plaguing Kenyan households.
The story of Peninah Kitsao is not an isolated incident. All over the country, ordinary Kenyans are struggling to put food on the table due to biting inflation that has seen commodity prices soar to nearly unaffordable levels. Failed rains and a drought of a severity never witnessed before in the history of the country, especially in northern Kenya, have worsened a dire situation.
Interventions by state and non-state actors have arguably not been enough as there have been reports from certain parts, such as Samburu, of people drinking dirty water and eating dog meat to survive. The country is essentially in a deep hole. Coupled with the drying up of the rivers and lakes that used to serve vulnerable communities, it is safe to say that the government and other agencies have had blind spots in dealing with the situation.
Route to Food Initiative’s graphic novel The Blind Spot, which is written and illustrated by Chief Nyamweya, should be read against the backdrop of some of these startling developments. The work of committed art is to expose the ills in society, not just by dropping popular catchphrases and revolutionary slogans, but by disturbing the conscience of the nation. Such works of art are expected to put us on track for what needs to be done to set things right.
That’s exactly what Nyamweya’s comic offering is all about.
Worrying policy gaps
The central issues of food security and the welfare of smallholder farmers shine throughout the slim graphic novel, bringing into sharp focus policy gaps and a lack of commitment from leaders to correct the mistakes of the past.
The visual narrative opens with a protest by Kajibora residents and farmers at the Kajibora County Hall. Chanting outside the county governor’s residence, the agitated crowd demands justice for one of their own, Karisa, who has committed suicide after auctioneers sell his land to recover an unpaid debt.
The protest also provides the space and opportunity for the residents and farmers to demand “lower prices on food, better quality food and enhanced protection of Kenya’s ecosystems [and] land reforms.” Demonstrations are not new in the country; with livelihoods threatened by forces beyond their control even as the national and county governments drag their feet to alleviate the suffering, it is inevitable that ordinary people would take such drastic measures.
The Mzee Maona-led Jembe Revolution calls on Governor Nyoni to deal with food insecurity as a human rights issue and to protect smallholder farmers from predatory multinationals. The corporations are often accused of exploitation through the introduction of harmful production methods and industrial processes that threaten biodiversity.
The fictionalised revolution echoes the vigorous pushback by various stakeholders, including farmers, politicians and ordinary Kenyans, who have questioned the government’s proposal to introduce genetically modified foods.
While those in support of the introduction of genetically modified organisms (GMOs) into the country have a valid argument that Kenya and the continent at large are dealing with a serious food crisis that needs never-before-tested solutions, those against them argue that farmers and consumers are likely to suffer. This is because there are growing fears that the multinationals that distribute GM seeds will have the monopoly to dictate to farmers which seeds to use, and the scenario is likely to deny them the agency to produce food on their own terms and according to their preferences.
Putting Western interests first
In other words, the prioritisation of Western interests, as it often emerges in Nyamweya’s narrative, where the governor is accused of focusing on “the large scale production of a few food crops and protecting the interests of big agribusiness”, is a reality that policymakers will have to contend with to effectively address the issue of food security in the country.
A DW documentary titled Africa, GMOs and Western Interests, which aired two months ago, revealed the hidden hand of philanthropists such as Bill Gates, through the Bill & Melinda Gates Foundation, in pushing for the introduction of GMOs in select African countries to benefit private businesses in the West. Therefore, when Kajibora farmers and residents, through their Chama cha Wakulima (CCW) party, wave a placard reading SAVE OUR SEEDS, they are not expressing a grievance coming from without but a genuine fear born out of the reality that, on the one hand, the forces of globalisation are unavoidable (food production systems and the overall supply chain can never only be local) and on the other, the reality of the weak political system that hardly prioritises the interests of its citizens, least of all smallholder farmers.
To give credit where it is due, President William Ruto’s introduction of the fertiliser subsidy is likely to be a game changer for a majority of farmers who are unable to afford the essential commodity. The subsidised fertiliser is retailing at KSh3,500 for a 50kg bag, down from KSh6,000. The use of technology for registration (farmers use their phones) will also help eliminate red tape and corruption and thus improve efficiency in distribution, which is key to the timely use of the fertiliser to boost yields.
The cries and anxieties of the Kajibora farmers take a dramatic twist following the death of Mzee Maona when CCW is wracked by fissures as various members pull in different directions. As is characteristic of Kenyan political parties not founded on a solid vision and ideology, the core issues—such as sustainable agriculture for the farmers—that define the party’s agenda become a footnote. Instead, the so-called ideological differences (a euphemism for selfish interests) erupt during the requiem mass for Maona when party members engage in a vicious fistfight before the bereaved mourners.
Enter the scions of Mzee Maona, Sifa and Yona—highly educated, exposed and polished but with contrastingly opposing views on how to reimagine the patriarch’s vision of putting the farmers’ agenda first—and the narrative is set for a fascinating climax.
What emerges from the troubled relationship between Sifa, a professor, and Yona, now an aspiring Kajibora governor, are the intra-generational tensions of how to approach the pressures and complicated issues that have become synonymous with modern living. This is especially true when it comes to championing the rights of ordinary people such as farmers.
As is characteristic of Kenyan political parties not founded on a solid vision and ideology, the core issues that defined the party’s agenda become a footnote.
Sifa is distrustful of the political process for fixing societal issues. She is an advocate of fighting for human rights from outside the political process since, in politics, you “promise the people paradise while only delivering paperwork”. While her worldview is sometimes abstract and detached and elitist, she deserves credit for not losing focus on the immediate priorities that should be urgently addressed to make life better for small-scale farmers.
Yona, on the other hand, styles himself as a pragmatist and realist who is in touch with what is happening on the ground but comes across as vain, selfish and arrogant. He is a perfect representative of Kenya’s political class for whom governance is about foreign investment, rather than the people. He says that “a key part [of his] job as governor will be to attract investment to Kajibora”. This includes doing the bidding of multinationals like Green Shots Corporation, which is accused of controlling the food prices and the supply chains that are vital to farmers and consumers.
The role of the youth
However, what is poignant in the clash between Mzee Maona’s two grandchildren is the involvement of the youth—whether for good or bad—in debating the issues of food security and fair agricultural policies. While their approaches are often different, there is a genuine concern and passion that, in real life, should be encouraged and even rewarded.
Statistics indicate that the average age of the Kenyan farmer is 61 years. A revival of the 4K Clubs that were the craze in the 1990s under the 8-4-4 education system has been mooted as a way to entice young people to return to the soil. These are noble interventions that are likely to boost agricultural output since the youthful population is not just energetic enough to take up the challenge but also because modern farming involves access to the right information which a tech-savvy generation can exploit in this digital age.
When Dalili, a member of the CCW and a former close ally of Mzee Maona, encourages Sifa to join them on the anniversary of Jembe Day commemorating the revolt of Kajibora farmers and residents, she is essentially signalling a new way of addressing food insecurity. She tells Sifa that “our youth need to see where it all started”. The statement is profound because it acknowledges both the complexity and enormity of the task of streamlining food systems and the urgent need to bring diverse groups of people on board.
More importantly, sustainable agriculture has the potential to create jobs for thousands of jobless youth unable to secure the increasingly elusive white-collar jobs. According to the November 2022 Agriculture Sector Survey, the industry “employs over 40 percent of the total population and more than 70 percent of the rural populace”. This is a significant figure that is likely to increase even more if the youth are given the incentive to join forces in the overall agricultural production process.
Nyamweya’s only shortcoming is the exclusion of the voices of ordinary farmers from the entire narrative. As is characteristic of top-down policies, and unlike the bottom-up approach, there is a tendency to speak on behalf of the masses, to pretend to know what is best for them. A majority of the characters in the text speak of the “right” agricultural policies and approaches that need to be adopted to boost yields and food security. However, ironically, they behave like the multinationals that often impose their decisions on farmers without taking their views.
The approach is fraught with its own blind spots, not just because it is condescending to the farmers—those who are directly affected—but also because it poses the risk of aggravating an already bad situation. Talking about revolutions and uprisings is not enough to effectively transform the agricultural sector, even if the calls are to rid it of the cartels and the brokers present along the production chain.
Also, an erudite knowledge of the politics of food and the manipulation by multinationals cannot replace the basic principle that the farmer has to, first and foremost, speak for himself or herself. Does the farmer want to experiment with other seeds? Is the farmer only interested in the large-scale cultivation of staple foods? Is the farmer comfortable with the multinationals? What exactly is in the farmer’s mind? It is not always necessary that all foreign players that intervene in formulating agricultural policies have ulterior motives. One Acre Fund, an organisation founded by a non-Kenyan, has significantly helped smallholder farmers in western Kenya boost their farm output through the use of the right seeds and agricultural techniques and methods. I have seen this first-hand.
The statement is profound because it acknowledges both the complexity and enormity of the task of streamlining food systems and the urgent need to bring diverse groups of people on board.
However, despite the aforementioned shortcomings, Nyamweya’s artistic intervention cannot be downplayed. The issue of food security cannot be left to politicians and policymakers alone. This is not just because food is a basic need, but because a healthy and productive nation has the potential to improve the life expectancy and of children afflicted by malnutrition.
More importantly, a visual narrative approach is a welcome addition to a radical way of acknowledging the enormous capacity of art to surprise and reimagine how to deal with the existential anxieties of our time, such as food insecurity, climate change-induced drought and destruction of biodiversity. It is also a wake-up call to leaders, policymakers and other stakeholders that the conventional way of dealing with the challenges affecting farmers might have to change. Nyamweya’s book is a must-read for everyone who cares deeply about the future of our country and the coming generations.
Queer Lawfare in Africa – Legal Strategies in Contexts of LGBTIQ+ Criminalisation and Politicisation
The concept of lawfare, describes long-term battles over heated social and political issues, where actors on different sides employ strategies using rights, law and courts as tools and arenas.
The Supreme Court of India is anticipated to conduct hearings and deliver judgments in some important issues concerning the LGBTQIA+ community- ranging from the constitutionality of the blood donation guidelines that discriminate persons based on sexual orientation and gender identity to petitions on marriage equality (under both the Special Marriage Act and the Hindu Marriage Act). In this context, the book Queer Lawfare in Africa, edited by Adrian Jjuuko, Siri Gloppen, Alan Msosa and Frans Viljoen makes for a relevant and compelling read.
Queer Lawfare, according to the authors, is a strategy where rights and/ or laws are tactically employed to advance politically contested goals with regards to the rights of the LGBTQIA+ community. In the words of Siri Gloppen, Adrian Jjuuko, Frans Viljoen, Alan Msosa, the term “lawfare” used in the book describes the following:
The concept of lawfare, as used in this book, describes long-term battles over heated social and political issues, where actors on different sides employ strategies using rights, law and courts as tools and arenas. While sometimes associated with the misuse of law for political ends, ‘lawfare’ is here used as a descriptive, analytical term, de-linked from (the perceived) worthy-ness of the goal. The association with warfare is intentional and important: these are ongoing ‘wars’, with hard ideological cleavages and iterative battles. They are typically fought on several fronts and the contestants on each side have long term goals that they seek to advance by way of incremental tactics, often responding to, or anticipating their opponents’ moves, as well as other aspects of their (always potentially shifting) opportunity structure.
The book looks into queer lawfare in thirteen African nations- South Africa, Mozambique, Kenya, Botswana, Uganda, Malawi, Nigeria, Zambia, Ghana, Senegal, Gambia, Ethiopia and Sudan. Much like India, a lot of the nations discussed in the book had a criminal provision very similar to section 377 of the Indian Penal Code (before it was read down by the Supreme Court in Navtej Johar v. Union of India). Thereby, in many of these nations decriminalisation of sexual intercourse between consenting adults- irrespective of their sexual orientation or gender identity became (and in some countries still is) one of the first major goals of queer lawfare.
In some of the countries discussed in the book (particularly in those where queer lawfare has led to realisation of substantial legal gains for the LGBTQIA+ community), the movement started with seemingly neutral rights battles which intersected with discrimination law for instance, the right to association. The right to association cases in queer lawfare majorly consist of organisations or coalitions- established with the aim of further LGBTQIA+ rights- challenging the decision of the government to disallow their registration (set in a legal context where homosexuality is criminalised). In Botswana, such a challenge was decided in favour of the LGBT organisation, Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) by the Court of Appeal (see also, the recent judgment of the Supreme Court of Kenya). In Mozambique on the other hand, the Mozambican Association for the Defence of Sexual Minorities (LAMBDA) operates under a feminist umbrella organisation since it is not legally registered and as a natural corollary, the queer lawfare is influenced much by the strategies used by the feminist movement.
The book also refreshingly looks into the social contexts of each nation and discusses how despite LGBTQ+ movements sharing the same vision of emancipation, the means employed to achieve the end varies depending on social and political contexts in different countries. It also subtly gets across the point that there is ‘no one size fits all’ solution when it comes to queer lawfare. It discusses the different stages at which queer lawfare is in and how it varies from country to country- from South Africa where giant strides have been made in the judicial sphere to Ethiopia where ‘online lawfare’ is more prevalent due to which there is an absence of a significant progressive legal change.
As the marriage equality petition is listed for hearing before the Supreme Court of India is being heard by the Supreme Court of India, the chapter on queer lawfare in South Africa becomes particularly relevant. The landmark judgment of the Constitutional Court of South Africa in Minister of Home Affairs v. Fourie that recognised marriage equality notably held that the constitutional rights of persons cannot be undermined or be determined by the religious beliefs of some persons. In this judgment, Justice Albie Sachs read the words “or spouse” after the words “husband” and “wife”, into certain provisions of the Marriage Equality Act, 1961. As has been articulated by Jayna Kothari in this piece, the adoption of a similar strategy in the marriage equality proceedings before the Supreme Court of India is central to making the provisions of the Special Marriage Act (“SMA”) more inclusive. Reading in the words “of spouse” after the words “wife” and “husband” used in various provisions of the Special Marriage Act in India would allow persons irrespective of their sexual orientation or gender identity to get the reliefs conferred by the SMA ranging from solemnization of marriage to provision of alimony.
The chapter also confronts the challenge of limited judicial imagination while dealing with marriage equality and states that the judgment delivered by the Constitutional Court of South Africa (which was hailed as progressive) still caters to the gender binary vision- one where the institution of marriage is valourised and idea of a ‘permanent same-sex life partnership’ essentially contains the characteristics of a typical heterosexual marriage. The chapter also highlights how the ‘good homosexual’ visualised by the Constitutional Court is generally ‘a partnered middle class, if not upper middle class, man or woman who, in a country like South Africa where class continues to follow race, is almost invariably white’ thereby bringing to light the class and racial undertones underlying the legal recognition of such unions. In India, given that the institution of marriage is intrinsically tied into caste, property and patriarchy, it will remain to be seen how the Supreme Court will navigate through complex questions of intersectionality while adjudicating this case.
The book also makes a passing reference to the transnational impact of judgments on queer rights delivered by the Indian Supreme Court. For example, where submissions made before the Kenyan High Court in EG v. Attorney General and the high court decision in Botswana in Letsweletse Motshidiemang v Attorney General were influenced by the judgment of the Supreme Court of India in Navtej Johar v. Union of India. This also points out to the butterfly effect in progressive queer jurisprudence and the important role the constitutional courts in India have to fulfill in the days ahead.
Another important feature is that none of the chapters miss an opportunity to inform the readers about the perseverance and resilience of LGBTQIA+ organizations, coalitions and activists. It does the important work of documenting their role in shaping the legal destiny despite facing legal setbacks and risks of coercive action by the state. It is a fitting tribute to the indomitable spirit of the queer rights movement across the said nations in Africa to challenge the legal and political system, despite it being designed to fail them.
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