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Rights Violations in Isiolo International Airport Land Expropriation

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The Land Value Act does not make provision for the valuation of communal land in a manner that reflects the social-economic practices of the drylands communities.

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Rights Violations in Isiolo International Airport Land Expropriation
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Legally recognised and secure land and resource rights are fundamental to advancing peace, prosperity, and sustainability. Security of tenure underpins a society’s fabric and its relationship to the natural environment, shaping its cultural development and the realisation of democracy. In Kenya, the land question remains politically sensitive and culturally complex, a function of historical injustice, land ownership disparities, and tenure insecurity.

Most land disputes in Kenya arise from how the land has been allocated. This is because access to land and land use in Kenya is a distributive game that creates winners and losers. From 1965 to the late 80s, land appropriation and allocation programmes were clearly biased in favour of the elites and the ruling class and as a result, vast swathes of land were concentrated in the hands of a wealthy few. This led to land inequality and exacerbated other forms of inequality, affecting the common man’s livelihood and prospects for prosperity.

With rising land inequality and with the citizens unable to question or control this imbalance, the likelihood of violent conflict over land increased. A push for people-centred land reforms culminated in the Land Policy of 2009 and the promulgation of the Constitution of Kenya (CoK) 2010. The land reforms foreseen in the CoK 2010 and other substantive laws rest on the principles of equitable access to land, security of land rights, sustainable and productive management of land resources, and the transparent and cost-effective administration of land. But despite the passing of laws governing land reform, the transparent and effective administration of land remains elusive.

Compulsory land acquisition

The government occasionally needs to acquire land for public projects like roads, power plants, water reservoirs and even schools or hospitals. In such cases, the rights of the government override individual rights of ownership; the government can take possession of privately or communally-owned land through compulsory acquisition.

Article 40 (3) of the constitution and the Land Act, 2012 allow for acquisition only where the land is required for a public purpose or in the public interest. Upon acquisition, the law provides for prompt payment of just compensation. However, compulsory land acquisition can lead to human rights violations and the Isiolo International Airport case is a classic example.

The expansion of the Isiolo airstrip into an international airport is part of the Lamu Port-South Sudan-Ethiopia Transport Corridor (LAPSSET) development project. LAPSSET is a component of the Kenya Vision 2030 Programme whose aim is to transform Kenya into a newly industrialising, middle–income country providing a high quality life to all its citizens in a clean and secure environment by the year 2030. The Isiolo International Airport is one of the projects expected to spur economic growth in the region.

The expansion of the Isiolo airstrip was carried out on land that is in both Meru and Isiolo counties. Landowners living in Meru County who were expropriated received their compensation on time, while some landowners in Isiolo County were yet to be compensated by the time the airport opened in 2017. This is because land ownership in Meru is well documented whereas most of the land in Isiolo is owned by communities under customary law without formal title deeds. This has made the compensation process slow, unfair, and unjust.

This disparity in the tenure system has disadvantaged the people of Isiolo who find themselves in this situation due to historical marginalisation. In effect, land in Isiolo County has been considered to be of low potential since colonial times, a perception that has been perpetuated by successive governments which have continued to invest highly in the areas that were identified as having a “high potential” — with abundant natural resources, rainfall, and productive land among other factors — for the development of the economy. This systemic marginalisation, together with insurgency wars and banditry in the region, has meant that land in Isiolo County has remained invisible to investors. That is, until the LAPSSET Corridor project took off.

Land ownership in Meru is well documented whereas most of the land in Isiolo is owned by communities under customary law.

Coupled with the disparity in land tenure systems, the failure to establish communication channels with the affected communities was a major cause of the chaotic compensation process, and efforts to identify the legitimate landowners entitled to compensation were fraught with difficulties. In effect, undocumented landowners were not the only ones to rush to Ardhi House for allotment letters; as soon as the project was proposed, land grabbers conspired to obtain Part Development Plan (PDPs) which would enable them to claim compensation from the LAPSSET project.

This led to double or even triple issuance of letters of allotment for the same piece of land, undermining the security of tenure of the original owners of the land. Community elders in Isiolo County have brought this issue to the attention of the relevant authorities but the county government has been lethargic in moving to resolve this matter, mainly due to the poor land records and management system it inherited from the defunct Isiolo County Council.

Confusion

Article 40(4) of the Constitution of Kenya 2010 provides for compensation to be paid to occupants in good faith for expropriated land which has no title. This provision is supported by various other legislations. For example, Section 5 of the Land Act of 2012 recognises customary land rights, whether documented or not, as one of the forms of land tenure in Kenya.

Further, Section 5(3) of the Community Land Act of 2016 recognises customary land rights to be equal in law with freehold and leasehold interests in land while the Land Value Index Laws provide comprehensive guidelines for the calculation of the value of such land. However, critics of the land value index claim that sections of the Act can cause suffering to landowners as the Act gives the government up to a year to compensate landowners based on the value index and not on the prevailing market rates.

The Land Value (Amendment) Act 2019 provides for additional forms of compensation apart from monetary compensation, including allocation of alternative land of equivalent value and land use. In the case of the Isiolo Airport project, the displaced residents were allocated alternative land at Mwangaza, Kiwanjani, and Chechelesi but as it turned out this land was already occupied. Lack of public participation in the compensation scheme was the underlying cause of the confusion. Had the Ministry of Lands, the Kenya Airports Authority (KAA) and the project contractor engaged the local leaders, elders and the host community at the outset, this problem could have been avoided. Instead, the compensation process has pitted the resettled community against the original occupants, leading to tension and suffering.

In the particular case of the drylands, there is no clear matrix that guides compensation as the parameters to be applied are not provided for in law. In effect, the Land Value (amendment) Act of 2019 does not cover communal land, the most common type of tenure in the dryland areaswhich make up more than 50 per cent of Kenya’s land mass. The national and county governments were to jointly develop a land value index map within six months of the adoption of the Act on 19 August 2019 but to date there is no evidence of any consolidated value index of all lands in Kenya, rendering the process of land compensation in drylands a difficult task.

The compensation process has pitted the resettled community against the original occupants, leading to tension and suffering.

The compensation value for a piece of land in the urban and high potential areas is determined by proximity or access to social infrastructure such as tarmacked and paved roads, access to electricity, schools, hospitals, serenity, and aesthetic beauty. This is not possible in the drylands, which have different characteristics but where the land is of equally great social-economic value to the community, yet the Land Value (Amendment) Act of 2019 does not make provision for the valuation of communal land in a manner that reflects the social-economic practices of the communities such as pastoralism.

A 2017 report by Hakijamii titled Tension Between Human Right and Development – The Case of LAPSSET in Isiolo County, finds that the project failed to “uphold human rights to information, housing, employment, education and provision of water”. A review by the Environmental Justice Atlas (EJATLAS) concludes that the Isiolo Airport project is not an “Environmental Justice Success” as by the time the expanded airport commenced operations, some of the affected residents had not yet been compensated. The Compulsory Land Acquisition Act, The Constitution of Kenya 2010, the Land Act, 2012 are among the many laws that have been passed to prevent such outcomes, yet the affected communities find themselves at a loss as they were not even informed about the impact that the expanded Isiolo Airport and the other large-scale projects would have on their lives.

Impact on pastoralism 

Ideally, the population of a country must benefit equally from government policy regardless of age, class, ethnicity, population size and location. Yet, rather than gaining, the marginalised people of Isiolo are losing from these flagship projects because of lack of proper compensation since the land is perceived to be unoccupied or underutilised. Indeed, pundits argue that infrastructure projects such as LAPSSET and Isiolo resort city are being implemented in pastoral areas because there is not enough space in higher potential areas whereas the rangelands are perceived to be idle land.

The assumption that land in the arid and semi-arid areas (ASALs) is idle and of lesser value leads to the flouting of compensation guidelines when projects are undertaken in ASALs. It also explains why the communities that were affected by the Mombasa-Nairobi Standard Gauge Railway have been compensated while those affected by the LAPSSET project — which will hive off approximately half a million acres of land in Lamu, Garissa, Isiolo, Marsabit, Samburu and Turkana —  are yet to be compensated.

The assumption that land in the arid and semi-arid areas (ASALs) is idle and of lesser value leads to the flouting of compensation guidelines.

The airport is just one component of the LAPSSET Corridor project which also comprises the Lamu Port, a resort city, a Standard Gauge Railway (SGR), and an oil refinery and pipeline. While these infrastructure projects will undoubtedly attract investors and other populations to Isiolo, this will also lead to cultural shocks as people from different backgrounds with different beliefs, behaviours, languages and values come into a community largely made up of people who hold comparable values. Changes in social-economic activities will also lead to loss of local cultures as dominant cultures are introduced. Finally, as ancestral lands are lost and grazing land diminishes, cultural livelihoods such as nomadic pastoralism will be affected, undermining the resilience of pastoral communities.

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Fatuma Huka is a Lawyer and Arbitrator passionate about Human Rights and Environmental Justice.

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Philosophy for the People

For philosophy to be relevant in Africa, it must democratize and address contemporary social problems.

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In late September 2022, a consortium of universities hosted by the Universite’ Catholique d’Afrique Centrale in Yaounde, Cameroon held an “Ethicslab” to deliberate on the theme, “Justice, Democracy and Diversity.” The meeting brought together doctoral candidates in philosophy from Cameroon, Canada, Nigeria, Chad, and the Democratic Republic of Congo to be mentored by experts. Some of those experts included Dany Rondeau (Canada), Geert Demuijnck (France, based in the Netherlands), and Bernard Gagnon (Canada).

The driving force behind the event was Thierry Ngosso, a young Cameroonian philosopher based  at the University of St Gallen, Switzerland. Ngosso’s dream has been to deliver important philosophical lessons in a readily digestible way to younger African scholars while at the same time aiming for social transformation.

The study of philosophy in the continent is marked by all-too-familiar colonial linguistic and political divisions: the anglophone sector fastened to the thought of figures such as John Rawls and analytic philosophy, while francophone countries usually follow the dictates of continental philosophy. Ngosso thinks it is time to collapse these age-old colonial divisions. Also, philosophy seems removed from pressing issues, such as poverty. It can certainly be successfully re-energized by interrogating topics such as ethics and health, ethics and education, ethics and business, politics, the environment, and so on to broaden and deepen linkages between the discipline and urgent contemporary issues.

Nonetheless, philosophy has always been valued in Cameroon’s education system. As early as high school, students are introduced to the discipline. At postgraduate levels, there are various social media forums where students debate philosophical concerns of mutual interest. These debates are usually vibrant and engrossing.

Since its inception in 2019, the Ethicslab has been inviting two or three keynote speakers from disciplines such as sociology, political science and history to brainstorm about the intellectual concerns it seeks to tackle. The Ethicslab is concerned with issues of normativity and social change. Such an approach obviously grants philosophy an urgency, purpose and social transformational energy.

The Ethicslab is an intellectual experiment to identify the future stars of theoretical thought on the continent. During the 2022 edition of the event, quite a few promising upcoming scholars further etched their names;  Benjamin Olujohungbe (Nigeria), Charles Dine (Cameroon/Canada), Hammadou Yaya (Cameroon),  Opeyemi Gbadegesin (Nigeria), Elisanne Pellerin (Canada), Tatiana Nganti (Cameroon), Henri Gbadi Finimonga (DRC), Kakmeni Schaller (Cameroon), Eric Vernuy Suyru (Cameroon) and Ndedi Emma Maximine Ndjandjo (Cameroon). All these individuals are not only being trained in the rigors of theoretical reflection but also in the ethics of mutuality and reciprocity. Although they come from varied national, linguistic, and institutional backgrounds, the objective is to establish commonalities based on universally accepted cultural and human values.

Ultimately, Ngosso is interested in effecting meaningful social change in African communities through the study and use of philosophy. He plans to find funding for about ten doctoral students and thirty postdoctoral scholars in the discipline within the next five years. He also intends to shift the nodes of perception regarding the African continent from an ostensibly external locus to largely endogenous sources. To realize these grand aims, Ngosso has had to battle with numerous bureaucratic obstacles. The quest to change societies from within also entails transforming the traditional character and functions of academic institutions and establishments. This is no small task. What Ngosso has been able to do is wrest a degree of flexibility in how he operates within and amongst institutions. He is currently employed by the University of Maroua, Cameroon, holds an ongoing research fellowship at the University of St. Gallen, where he is based, and is a research associate of Universite’ Catholique d’Afrique Centrale. Within an African context, and perhaps any other setting in the world, such institutional flexibility and mobility are rare. But this is precisely the sort of liberty Ngosso requires in accomplishing his stated mission of social change.

Perhaps as part of ongoing efforts to demystify the study of philosophy, Ngosso arranged a trip to Kribi for all the participants of the 2022 Ethicslab. Kribi, a coastal town, is a perfect spot to unwind. Its coast is replete with tourist attractions such as the magisterial Lobe Falls, a pristine array of waterfalls nestled within Kribi beach. The Atlantic ocean is always enticingly open for a swim after intense brainstorming or away from the diurnal pressures of everyday life. There are also amazing seaside resorts and restaurants and the most delightful varieties of seafood to savor.

In 2024, Ngosso plans a grand event to mark the fifth anniversary of the Ethicslab. In this, he will have accomplished the entrenchment of modern philosophy in Africa, concomitant globalization of its multicultural potentials and tentacles, and finally, a re-configuration of the discipline for the myriad demands and expectations of the 21st century.

This post is from a 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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War of the Worlds: Africa’s Next Great War

The international community’s limited attention span is laser-focused on jihadism in the Sahel and the imploding Horn of Africa. But interstate war is potentially brewing in the eastern DRC.

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It’s happening again. A Rwandan-backed rebel force threatens the Congolese provincial capital of Goma while foreign intervention is cobbled together to bail out the struggling Congolese army. Unlike the last two or three times this happened, the conflict faces the prospect of horrific escalation into interstate war. Rwandan and Kenyan troops are racing headfirst into a confrontation. As Kenya airlifts troops into the east under the flag of the East Africa Community (EAC), the Rwandan soldiers embedded within the M23 rebellion show no signs of backing down. These two African states, each claiming to have the most professional force in the region, will soon trade blows.

Nearly thirty years of complex, multilayered, and tragic war in the Great Lakes have led to this latest escalation. The eastern DRC never recovered from the deadly inferno that was “Africa’s great war,” a bitter conflict that drew in nine countries and killed as many as five million. While peace was declared in 2003, the embers of war continued to burn in the eastern DRC, where the war had injected violence into local politics. Local violence continues to blend with national- and regional-level politics. Rwanda, which has complex and often competitive relationships with Uganda and Burundi, has a history of repeatedly creating and supporting rebellions in Congo. While this current M23 rebellion has many Congolese members with genuine grievances, the force is historically constructed and supported by the Rwandan state. While it is unclear what exactly motivated this offensive, some point to Rwandan concerns over the growing influence of rival Uganda in the DRC. The relationship between Uganda and Rwanda is not straightforward, and there are reports that Ugandan elements have supported M23. The regional tensions at play here are unclear, as the Ugandan and Congolese states are not unitary actors. According to leaked UN reports, Rwanda is directly assisting this latest iteration of M23 with infantry, artillery, and logistics. It has easily beat back the Congolese regulars and their militia allies and downed UN and Congolese military aircraft.

In response to the escalation, the regional EAC has announced the deployment of a military force at the invitation of the DRC, its newest member. Kenya seems to have been the power player behind this intervention and has begun deploying its forces into the fight. The international community has slowly lost interest in the region, writing off the turbulence in the Great Lakes as an endemic low-intensity conflict, ignoring the possibility of an explosion. Some in Kenya, the regional economic powerhouse, dream of an East African unified market where a pacified region ensures that Kenyan goods are supplied to Congolese consumers. Rwanda believes that it can only be secure if it has influence in Eastern Congo, where various rebel forces opposing the Rwandan regime have sheltered. When that influence wanes, Rwanda backs a rebellion to ensure that its influence continues.

Whether you believe that Rwandan meddling and Kenyan-backed EAC intervention are valid responses to the insecurity on their western flanks, the current escalatory track is dangerous. No one is backing down until blood is spilled. Both sides seem to underestimate the other’s will and ability.

The new kid on the block, Congolese President Felix Tshisekedi, demands a military solution and proclaims negotiations a failure. He is inviting foreign armies across the region into the country to bring him the peace he needs to salvage his falling popularity. All the while, the badly needed security sector reform remains stalled by the great Congolese patronage machine. Under the EAC regional force’s flag, Ugandan and Burundian forces are now in the DRC to pursue their own enemies on Congolese soil, raising the possibility of inciting countermobilization. The eastern Congolese conflict ecosystem often reacts to foreign bodies with a violent immune response that would further inflame the conflict.

The limited attention span that the international community reserves for Africa is laser-focused on jihadism in the Sahel and the imploding Horn of Africa. Former US National Security Council Africa lead Cameron Hudson pronounced on Twitter and to The Telegraph that the war in Tigray was “the new great war for Africa.” Unfortunately, the ashes of the last great war are being stoked yet again. Few players in the international game seem to realize the stakes.

The US did send its top diplomat, Secretary of State Antony Blinken, to talk to both the Congolese and Rwandans. Blinken’s public statements were ripe with both-sidesisms and seemed to accept Rwandan behavior as a response to Congolese support to the genocidal Rwandan FDLR rebel group—a problematic assumption. The Congolese political elite, when being generous, complain that the US position is muddled and confused. This reasonable view is much less popular than theories that accuse the Americans of actively backing Rwandan president Kagame’s plots. Unfortunately, these conspiracy theories are grounded in real historical US blindness to—and occasional support for—destructive Rwandan interventionism in the late 1990s.

The apathetic international response to the crisis stands in marked contrast to the global response to the previous M23 rebellion nearly ten years ago, when the US publicly pressured Rwanda to withdraw support for the group. In 2013, a combination of the Southern African Development Community’s intervention under the UN flag, the rise of a capable Congolese army colonel, and US pressure led to successful negotiations with Rwanda and the defeat of M23. This time, attempts by the EAC to bring a diplomatic solution have failed thus far, and it seems that military pressure is the only effective tool the community can bring to bear.

This conflict is not doomed to descend into a larger interstate war, but the region as a whole will have to grapple with the consequences if it does. The international community must bring more diplomatic levers to bear, and the EAC must question the sweeping mandate of their current intervention. Regardless, the war is on an escalatory path, and the Congolese of North Kivu will suffer first as foreign forces battle over their home yet again.

Evan Nachtrieb graduated with an honors bachelor’s degree in political studies from Pitzer College last May, where he wrote his thesis on protest and insurgency trends south of the Sahara. He is currently in California.

This post is from a 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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Twitter: Let It Burn!

Whether or not Twitter survives should be irrelevant to those committed to building a democratic public sphere.

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Elon Musk finally bought Twitter. Although everyone expected the move to quickly prove foolhardy, the speed of the implosion has been impressive. The latest gaffe is a failed attempt to monetize verification by requiring paid subscriptions for them, which has led to all manner of comical impersonations (one macabre highlight was a “verified” George W. Bush account tweeting “I miss killing Iraqis. “Tony Blair” responded with “Same tbh”). Some are watching with shock and horror and wondering if Twitter can be saved. But, when sulfur and fire rains, it is best not to look back.

Africa Is a Country managing editor, Boima Tucker, put it best some years ago: “Contrary to the utopian dreams of the early internet, the idea of a more democratic communications space has given way to a system of capitalist exploitation.” The thing to reckon with is the extent to which we have exaggerated the emancipatory potential of networked communication and social media, partly owing to our own psychic overinvestments in it. Which is not to deny that it has never shown democratic and egalitarian potential, but that’s never been what Twitter is forThere can be no right platform in the wrong world.

What was Twitter for then? In the New York Review of Books, Ben Tarnoff describes it as a “network of influence.” In a world characterized by the economization of everything, social media is the place to commodify the self, to transform one’s unique traits and personality into a product for public display. The main imperative online is to “stay on brand,” to cultivate an appealing enough persona in the endless “production of new genres of being human.”

The key contradiction of social media use, of course, is that even though these platforms appear to us as complete products that we participate in and consume, we are the ones responsible for ensuring their possibility in the first place. As the media scholar Christian Fuchs notes, “Digital work is the organization of human experiences with the help of the human brain, digital media and speech in such a way that new products are created. These products can be online information, meanings, social relations, artifacts or social systems.” Thus, it is us who create the value of these platforms.

In a better world, these digital communications platforms would be democratically owned and operated. But one also wonders if in a better world they would be as necessary. Perhaps, when we are less socially disaffected, living in societies with social provision, an abundance of recreational public goods and less exploitative, dignifying work, then we would all have less reason to be online. For now, the question is: in a time when this ideal is nowhere close to being within view, how best can we use platforms like Twitter as tools to get us to that world?

The possible answers here are murky. Twitter seems like a critical piece of infrastructure for modern political life. Musk is not alone in thinking of it as a marketplace of ideas, as something like a digital town square. Yet, and especially in Africa, Twitter is not as popular a platform, and even on it, a minority of Twiteratti exert an outsized influence in terms of setting the discursive agenda. But setting aside the question of who is excluded from the digitalized public sphere of which Twitter is a cornerstone, the important question is whether the quality of political debate that takes place is healthy or desirable at all. Granted, it can be fun and cathartic, but at the best of times, amounts to hyper-politics. In Anton Jager’s explanation, this:

can only occur at a discursive level or within the prism of mediatic politics: every major event is scrutinized for its ideological character, this produces controversies which play out among increasingly clearly delineated camps on social media platforms and are then rebounded through each side’s preferred media outlets. Through this process much is politicized, but little is achieved.

We would lack critical self-awareness if we did not admit that Africa Is A Country is a venue whose existence greatly benefits from an online presence—so it goes for every media outlet. Tarnoff points out that “… if Twitter is not all that populous in absolute terms, it does exert considerable power over popular and elite discourses.” To lack an online presence is to reconcile oneself to irrelevance. Although, the news cycle itself is a disorienting vortex of one topic du jour to the next. It makes difficult the kind of long, slow, and sustained discourse-over-time that is the lifeblood of politics, and instead reduces everything into fleeting soundbites.

Nowhere is the modern phenomenon of what Polish sociologist Zygmunt Bauman called “pointillist time” more apparent than on Twitter. For Bauman, pointillist time is the experience of temporality as a series of eternal instants, and the present moment’s connection to the past and future “turns into gaps—with no bridges, and hopefully unbridgeable.” The consequence of this, is that “there is no room for the idea of ‘progress.’” Living through a mode where everything seems to be happening all at once, is both to experience time as what Walter Benjamin called “a “time of possibilities, a random time, open at any moment to the unforeseeable irruption of the new,” but curiously, at the same time, for everything to feel inert, and for nothing to seem genuinely possible.

For a while, notions of historical progress have been passé on the left, associated with Eurocentric theories of modernity. Now, more than ever, the idea is worth reclaiming. The Right today is no longer straightforwardly conservative, but nihilistic and anti-social, thriving on sowing deeper communal mistrust and paranoia. These are pathologies that flourish on Twitter. The alternative to media-fuelled hyper-politics and anti-politics is not real politics per some ideal type. Politics, in the first instance, is not defined by content, but by form. The reason our politics are empty and shallow is not because today’s political subject lacks virtues possessed by the subjects of yore. It’s because today’s political subject is barely one in the first place, lacking rootedness in those institutions that would have ordinarily shaped an individual’s clear sense of values and commitments. The alternative to digitized human association, as noted by many, is mass politics: only when the majority of citizens are meaningfully mobilized through civic and political organizations can we create a vibrant and substantive public sphere.

AIAC editor Sean Jacobs observed in his book, Media In Post-apartheid South Africa: “the larger context for the growing role of media in political processes is the decline of mass political parties and social movements.” Whether Twitter dies or not, and if it does, whether we should mourn it or not, should be beside the point for those committed to building a world of three-dimensional solidarity and justice.

This post is from a 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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