In the recent past, Kenyans have been bombarded with a string of proposed, seemingly petty, laws and regulations targeted at the agricultural sector. Kenyans are bewildered and asking the right questions; what purpose do these bills serve? Whose interests are they securing? Surely not those of small-scale farmers? And how are they connected to the trade deals Kenya recently signed with the US and the UK?
Kenyans first heard of a proposed Livestock Act (2021) that would provide a framework for the regulation and development of the livestock sector at the beginning of June 2021. The provisions relating to beekeeping gathered unusual attention because of the frivolous and punitive regulations they would have imposed on farmers. The bill sought to register beekeepers, and required farmers to, among other things, keep their bees in registered and branded hives prescribed by county authorities. Only a public uproar caused Amos Kimunya- the Leader of Majority in the National Assembly – to shelve plans to table the bill before Parliament.
Several provisions of the bill would have locked out many Kenyans, especially small-scale farmers, from beekeeping. FarmBiz Africa reports that Kenya produces approximately 7,300 tonnes of honey every year against an estimated potential of 100,000 tonnes. A litre of honey is five times more expensive than a litre of oil in Kenya. We need to nurture this sector, not stifle it.
But this was not the first time seemingly frivolous laws relating to the agricultural sector were being proposed or made into law. The Irish Potatoes Regulations were quietly passed into law and gazetted toward the end of 2019, barely attracting public attention that was at the time firmly fixated on BBI shenanigans. The Irish potato regulations that, for instance, sought to register growers, transporters, traders, collection centres and warehouses, only came to the attention of most Kenyans when the Nyandarua County Government issued notice of a sensitization exercise on the new regulations.
Earlier in March 2019, the Kenya Dairy Board was forced to suspend the Draft Dairy Regulations (2019) following massive pressure from the public and farmers. The regressive and repressive dairy regulations were rejected by farmers on grounds such as their attempt to prohibit farmers from selling raw milk to neighbours. This was a clear attempt by those who control the dairy industry to show who is boss; ‘’If you don’t sell to us, your produce is illegal’’. The exploitative milk processors were at the time buying a litre of milk from the farmers at 26 shillings, way lower than the 40 shillings the farmers got from selling that same quantity of milk to neighbours at farm gate prices. The Dairy Industry regulations were finally re-introduced and passed in 2021 without some of the controversial sections that had caused that initial uproar, especially those forbidding small-scale farmers from selling milk to their neighbours and other consumers. The new regulations now set a minimum price for a litre of milk, to be reviewed every six months based on small-scale farmers’ demands.
What mischief is the political elite up to through this endless string of frivolous laws?
Kenya is often portrayed in the news as a developing African nation that has its affairs in order. In the eyes of many, it is a vibrant middle-income country with a young and educated population, with agriculture as its mainstay, and blessed with that African beauty that draws tourists year in year out. The reality, however, is that Kenya is the quintessential neo-colonial state, firmly within the orbit of global finance capital. It is debt-ridden after eight years of the UhuRuto administration that has been characterised by ineptitude and is anchored in an economic philosophy of beg, borrow and steal. With its economy doing poorly and unemployment already high, the COVID-19 pandemic has only exacerbated the situation by disrupting livelihoods while adding to the numbers of those unable to find work. Salaries have been delayed in several government departments this year, and the country is basically floating on economic guesswork. Retired civil servants, military officers and politicians cannot get their pensions. Existence for many has been reduced to a daily struggle for survival.
The facade is held together by a calculatingly ruthless state machinery that is very adept at shaping and controlling narratives through sleek public relations campaigns, paid hashtags on social media and intimidation of legacy media. Its security organs—the conveyor belts of its monopoly of violence—have no qualms scuttling peoples’ organising through dispersing protests, arresting activists, or dispatching citizens to impromptu extrajudicial meetings with their maker.
Kenya is the quintessential neo-colonial state, firmly within the orbit of global finance capital.
But what is Kenya? Kenya started off as an economic venture. The Imperial British East African Company was set up and granted a charter in 1888 to run this venture with a view to making profit. The profit turned out to be so good that the British crown wanted full control of the cake. Actually, the whole cake—plus the box. Britain duly declared Kenya a protectorate in 1895, and a colony on July 23rd 1920.
Because of its favourable weather, large swathes of fertile land and strategic location, the British colonial empire made Kenya a settler state. Land was forcefully alienated from the indigenous owners and given to white settlers through a series of punitive measures and laws such as the Crown Land Act. The White Highlands were the jewel of the Kenya colony, and the (in)famous Lunatic Express was soon under construction to ease extraction from the hinterland and on to the ports of Britain—and Europe. The railway project was completed despite fierce resistance by numerous Africans—most notably the Nandi resistance led by Koitalel Arap Samoei.
Thereafter, the Kipande tax, hut or pole tax and the breast tax were introduced to force the African into the cash economy through work, and a system of forced labour was imposed on those unable to pay tax. Yes, African men were taxed for having more than one wife. And for every other female in their household. The colonial enterprise could now concentrate on its main objective, economic extraction.
Kenya’s war of independence was waged for land and freedom, not for bourgeois ideas. The Kenya Land and Freedom Army, popularly known as Mau Mau, went into the forests to fight for freedom and to get back their land. As independence loomed, the land issue remained thorny, emotive and close to the hearts of the people. Most African people are tied to the land, their umbilical cords buried in it at birth.
Independence in 1963 failed to address the land question. And it remains a thorny issue to date. No one actually fought for the independence project, though the collaborators wanted “independence” in order to replace the colonialists in the various spaces they occupied— ownership of prime property, lucrative jobs, club memberships, living in leafy neighbourhoods with servants, et cetera. Land redistribution schemes were hijacked and vast swathes of land shared out among Jomo Kenyatta and his coterie, while the petty bourgeois were allowed to acquire some relatively smaller parcels to not only create a semblance of equality but also fabricate a belief among the struggling masses that it was somehow possible to climb up the social and economic ladder, that hard work paid.
Kenya’s war of independence was waged for land and freedom, not for bourgeois ideas.
Many of the Mau Mau and their children were never compensated or resettled by the independence government. They were never allowed to access or control the land they had fought for in such brave fashion. Most of the fertile and highly productive land remained in the hands of this tiny clique of Africans, mostly former colonial collaborators, and those settlers who chose to stay on after “independence”. These are the people who still own the big tracts of land in Kenya, together with an ensemble of crooks and tenderpreneurs.
Control over the land and its abundant resources gives them the economic power that most of them use to purchase political power that they then use to consolidate their economic power in unscrupulous fashion. Others prefer to remain anonymous, but wield considerable power behind the scenes, flexing their economic muscles every once in a while to keep the political landscape in tune with their interests and those of their masters across the ocean—those same masters of misery who just a few decades ago perpetrated the exploitation and subjugation that Mau Mau and other liberation heroes sought to confine to the dustbin of history.
Enter the Kenya-US Free Trade Agreement
In February 2020, President Uhuru Kenyatta met US President Donald Trump in Washington DC to push forward a free trade agreement (FTA) between the two nations. In July 2020, the two countries began negotiations on the FTA, with Kenya especially going against the regional protocols and collective trade deals it had ratified via the East African Community (EAC), the Common Market for East and Southern Africa (COMESA) and the African Continental Free Trade Area (AfCFTA). Despite the uproar from the region, Kenya went full steam ahead with its plans. (Upon conclusion, Kenya will become the second African country to sign an FTA with the United States, after Morocco in 2006.) The voices of Kenyans who could see that the deal only served to entrench extractive and exclusionary colonial patterns of economics were either ignored or drowned out by the public relations campaign that followed. The ruling class had again smothered voices from below.
Similarly, in early 2021 Kenya and the UK, Kenya’s former colonial masters, signed a trade deal that gives British companies that have been extracting since the colonial epoch a 25-year tax holiday despite opposition from small-scale farmers and Kenyans in general. The people had no say about it.
According to the Office of the United States Trade Representative, Kenya and the United States traded US$1.1 billion worth of goods in total (two-way) trade during 2019, with the US importing goods worth US$667 million from Kenya. In the same year, the US imported edible fruits and nuts worth US$55 million (KSh5.5 billion) from Kenya.
A joint statement released on July 8 2020 to signify the start of negotiations partly states that ‘’Increasing and sustaining export performance to the United States requires a trade arrangement that is predictable and guarantees preferential market access for Kenyan products’’.
But whose products? Who has the capital and technological know-how to meet the stringent standards set out in such deals and reinforced by ridiculous legislation like those highlighted at the beginning of this article? Certainly not the small-scale farmers who account for over 70 per cent of Kenya’s agricultural production. It is the class that ensures political power is subservient to its economic power. The Kenya-US Free Trade Agreement is an economic partnership of the bourgeoisie. It prostrates our collective existence as an untapped market, and is aimed at extracting resources for the insatiable consumerism of America. Locally, it only serves to entrench the hegemony of the elite.
There is nothing new under the sun
The neo-colonial state is full of wonders and oxymorons. It has adapted and perfected colonial tools of political and economic domination for continued extraction. It has equally been moulded in the punitive nature of empire, crushing those who stand in the path of primitive accumulation of wealth, and especially land.
The capitalist system behind it continues to thrive using slave labour as it has done for the last four centuries, this time through wages that leave workers struggling to put a single meal on the table, let alone pay a myriad of bills.
The Kenyan elite have perfected use of the state and its organs to meet their personal interests, negating the common wants and demands of the motherland. They have further perfected the art of moulding law, culture, ideology, religion, et cetera to serve and defend their economic interests.
Kenya and the UK, Kenya’s former colonial masters, signed a trade deal that gives British companies that have been extracting since the colonial epoch a 25-year tax holiday.
What is the difference between last year’s eviction of Korogocho residents who possessed valid land ownership documents and the land alienation perpetrated by the British colonial empire of the early 20th Century? What is the difference between the colonial laws that limited what crops black African farmers could grow, and these new laws that today aim to criminalise our people, their daily work, their produce and means of sustenance?
The difference is the same.
Although the basic structure of the exploitative system remains the same, today’s agents of neo-colonialism do not blatantly criminalise production. They only restrict access to the large and lucrative international trade in select goods for small-scale farmers and peasant producers. That is why the state has put minimal effort into enabling the millions of existing small-scale producers to increase production, carry out local value addition through their cooperatives, or meet the standards demanded by external markets. It is instead focussed on criminalising their toil, sweat and produce. With an abundance of young jobless Kenyans, labour remains cheap. The seemingly frivolous laws serve this purpose.
There is nothing new under the sun.
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Kisumu County’s Fragile Food Security
Reliance on imports from as far away as Tanzania, Uganda and even China, leaves Kisumu County’s accessibility to food on a fragile footing.
A ceasefire had to be called at the height of the 2007/8 post-election violence and a corridor created for the safe passage of foodstuffs from the Rift Valley to the lakeside city of Kisumu to avert a food crisis. The post-election violence had erupted barely 10 days earlier.
For a region that enjoys adequate rainfall and has good agricultural soils, the lack of access food supplies within days of a crisis breaking out is indicative of the problems generated by how food systems are structured in Kisumu County.
Kisumu County has a considerable shoreline along Lake Victoria that extends from Seme to the south to Nyakach Sub-County to the north. Apart from Kisumu city, the county also has a number of smaller towns such as Muhoroni, Ahero, Katito, Maseno and Kombewa.
Eighty per cent of the food consumed by the county’s 300,000 households—including maize, potatoes, onions, vegetables, milk, rice, eggs and bananas—is imported from as far as Uganda and Tanzania along with imports of fish from China.
Kisumu County continues to import food despite having regions that could potentially support expansive food production in areas such as Muhoroni, Nyamware and Nam Thowi, and the fertile crescents in Seme to the south. Over time, the rich alluvial soils that have been deposited in these areas by floods and rivers flowing downstream from Nandi Hills have created fertile grounds that support farming.
How did we get here?
The persistent issues that have impeded food production in Kisumu County are numerous. Traditionally, communities living in the county practiced fishing and livestock keeping, and subsistence agriculture as their economic mainstay. Commercial farming has only been embraced in recent years, due to interactions with neighbouring farming communities such as the Kisii, Luhya, Abasuba, and Kuria. The majority, however, continue to practice smallholder subsistence agriculture.
The uptake of commercial farming was also hindered by the economic policies of the 1990s that saw the collapse or the weakening of many of the structures that had been established to support food production in the country as a whole and provided extension services, grants, and subsidies to farmers. They include the Agricultural Finance Corporation (AFC), the Agricultural Development Corporation (ADC), Agricultural Training Centres (ATCs), Agricultural Research Institutions (ARIs), and farmers’ co-operatives.
The system of land ownership in Kisumu County is also a hindrance to commercial food production. Most land in Kisumu County is not registered and titled and much of it is inherited property that has been passed down through the generations without legal title.
Recent surveys show that the cost of the farming inputs required to initiate meaningful agricultural production is out of reach for the majority of Kisumu County residents. This challenge is further compounded by the dearth of farming SACCOs (Savings and Credit Cooperatives); with the prohibitive interest rates charged by local banks, obtaining capital to start an agricultural enterprise has proved to be a challenge. These challenges are further exacerbated by the risks associated with farming such as crop losses and post-harvest losses.
The system of land ownership in Kisumu County is also a hindrance to commercial food production.
There is little agro-innovation among Kisumu farmers who still rely on traditional farming methods. There is little irrigation going on in the county. Lastly, there is a serious lack of the human resource required to support food production such as agricultural engineers, extension officers, veterinary doctors, agronomists, sociologists, planners, economists, among others.
Food shortage affects the mwananchi
At Jubilee Market, a major cog in the food supply chain in Kisumu City, traders lament daily about inadequate local food supplies and about middlemen from outside the county who take advantage of food shortages to import supplies and make big profits. The high demand for food and the low supply have an impact on food prices, reducing profit margins for the traders, even as consumers are faced with high food prices.
There is a serious lack of the human resource required to support food production.
The missing link in Kisumu’s economic growth is a buoyant agricultural sector. From observations made when the writer toured Victoria Eco-Farm, a leading food supplier situated at Dunga Beach in Kisumu City, the revival of agriculture in Kisumu is possible. Victoria Eco-Farm deals in poultry, dairy, bee keeping, and the rearing of exotic dogs. The farm has also diversified into agri-tourism, receiving visitors and training both students on attachment and local farmers on best farming practices. Nicholas Omondi, the Director, has become a role model for emerging food producers in the agriculture sector.
Modelling food sufficiency
Based on Walt Rostow’s model of economic growth, Kisumu County will not make a sudden and quick leap out of food insecurity. In Stages of Economic Growth, Rostow outlines the five stages that all countries must pass through to become developed: the traditional society; pre-conditions for take-off; take-off; drive to maturity; age of mass consumption. Regrettably, Kisumu County is still at the stage of a traditional society that is characterized by subsistence agriculture, limited funding and technological innovation, and low economic mobility.
The pre-conditions for take-off will only be fulfilled when the county government, acting in collaboration with the national government, provides adequate incentives for agricultural development. More food crops need to be introduced to farmers in Kisumu County. There is also an urgent need to revitalize existing sectors such as the sugar and fishing industries. The county’s potential to become a prime producer of rice also needs to be actualized.
Reform-oriented policies such as titling and surveying are needed in order to transform the existing models of landholding and land ownership. Farming communities in the county also require extensive sensitization and training on emerging technologies and innovations. Most importantly, existing lacklustre attitudes to farming as an economic activity among Kisumu County residents will need to be addressed.
However, the current tax regime is inimical to the drive to boost food security and needs urgent review. In effect, no serious gains can be made in the agriculture sector anywhere in the country as long as the national government continues to insist on enforcing policies that increase production costs and make it cheaper to import food from Tanzania and Uganda than to grow it at home.
The current tax regime is inimical to the drive to boost food security and needs urgent review.
Leaders must realize that whether they are in the opposition or in government, relations with state agencies, especially those in the agriculture sector, are key to developing farming in Kisumu County, that in the interest of economic development, they must always be in constant touch with the government for purposes of support, lobbying and relaying feedback in development processes. Existing attitudes and brands of politics that lead to self-marginalization must be removed at all costs.
It must be recognised, however, that the county government has taken initial steps to start addressing the challenge of food insecurity. In partnership with the Food and Agriculture Organization (FAO), the county government has established a youth-focused Food Liaison Advisory Group (FLAG), leading to the promotion of urban agriculture, the strengthening of rural mechanisms for food production and initiating programmes for the training and deployment of agricultural extension officers.
It is to be hoped that such initiatives will contribute towards alleviating the food insecurity situation that the residents of Kisumu County continue to grapple with.
This article is part of The Elephant Food Edition Series done in collaboration with Route to Food Initiative (RTFI). Views expressed in the article are not necessarily those of the RTFI.
How Twitter’s Negligence is Harming Kenya’s Democracy
Twitter’s trending algorithm has been abandoned to disinformation campaigns and attacks, failing Kenyans as political actors use it to control political narratives by harassing dissenting voices.
On the 24th of June 2021 at around 6 a.m., an insidious hashtag, #KatibaMbichi, appeared on Kenyan Twitter timelines. Its trend seemed to be driven by a number of faceless bots, and retweeted by a series of catfishes that sent it to the number one spot on the Kenyan Twitter trends.
Our investigations have uncovered how such malicious, coordinated, inauthentic attacks that seek to silence members of civil society, muddy their reputations and stifle the reach of their messaging, is a growing problem in Kenya. Twitter, especially, has been central to these operations due to the influence it has on the country’s news cycle.
The proliferation of digital media platforms in Kenya carries the promise of a renewed definition of freedom of speech. Moreover, Twitter has been a vital tool of expression for many Kenyan citizens, many of whom use it to hold their leaders to account and to call out their failures. But civil society members and journalists have increasingly come under attack thanks to disinformation campaigns in the country.
Through a series of interviews with anonymous influencers involved in these campaigns, we accessed their inner workings and gained crucial insights into how they are organized.
An examination of the campaigns has provided our team with a window into the shadowy world of Twitter influencers for political hire in Kenya. Many of the accounts and individuals involved promote brands, causes and political ideologies without disclosing that they are part of paid campaigns.
Twitter features such as the trending algorithm are exploited to achieve the goals of these campaigns by amplifying them. Certain verified accounts on the platform are complicit in leading these attacks. The goal of these campaigns is to exhaust critical thinking and poison the information environment by muddying the truth.
Our investigations examined two months’ data between 1 May 2021 and 30 June 2021, with a particular focus on the Constitutional Amendment Bill—famously known as the Building Bridges Initiative—that was being promoted in Kenya at the time.
With the aid of Twint, Sprinklr and Trendinalia, we trailed the attacks by mapping and analysing specific hashtags that the influencers used on Twitter. This involved mapping certain accounts that posted malicious content targeting Kenya’s activists and judicial officers. The flagged hashtags often displayed synchronized publishing timestamps within the metadata, with a lack of content on most days, followed by one very sharp burst of activity and then fizzling out.
In total, using Sprinklr, which has access to Twitter’s full historical archive, we flagged 23,606 tweets and retweets released by 3,742 accounts under the 11 hashtags. We also obtained 15,350 of these tweets using the Twint package on Github to carry out further analysis of the content.
How disinformation is spread
The Twitter campaigns we looked at were those that were pro-BBI and directly attacked citizens and prominent civil society activists that were vocally opposed to the proposed reforms, and also sought to discredit civil society organisations and activists by portraying them as villains who were being funded by Kenya’s Deputy President William Ruto—he opposes the BBI process.
The well-coordinated attacks are launched through WhatsApp groups to avoid detection. The WhatsApp group admins give direction about what to post, the hashtags to use, which tweets to engage with, and whom to target. They also synchronize the posting to enable the tweets to trend on twitter.
There is money to be made in attacking civil society. Our sources confirmed that they get paid between US$10 and US$15 to participate in three campaigns per day. Those higher up the ranks are on a monthly retainer that can go as high as US$500. Those who are on a retainer supervise the hashtags and ensure that they trend on the days they are posted.
Who the disinformation targets
From our analysis, the top three most frequent victims were Kenyan journalists, judges, and known activists. Prominent anti-BBI activists under the Linda Katiba movement who petitioned the courts against the BBI were the targets of some of the most vicious attacks.
The attacks peaked in early May with the specific goal of trying to discredit the anti-BBI campaign. Jerotich Seii, a key member of the Linda Katiba campaign who was targeted, said in interview that she had to spend a lot of time trying to prove that her activism efforts were genuine and that she was not a front for someone else. “The disinformation attacks against me focussed on painting me as someone with ulterior motives who isn’t interested in the welfare of Kenyans. I had to spend a good chunk of my time defending my position as someone who is actually a patriot who does what they do out of love for their country,” said Seii.
From our analysis, the top three most frequent victims were Kenyan journalists, judges, and known activists.
All this is leading to self-censorship by some of the activists on the platform as they feel that it is pointless to use a platform that cannot deliver any meaningful engagement. One activist we spoke to said that she had significantly scaled down her Twitter activity because of all the trolling she had experienced.
The Kenyan High court struck down the BBI on 14 May on the grounds that the initiative was unconstitutional and the Court of Appeal followed suit on August 20th. The ruling not only strained the already bad relationship between Kenya’s Judiciary and the Executive, it also led to wave after wave of disinformation attacks seeking to question the judges’ judicial independence and the accuracy of their decision.
A notable change in these attacks was how the visual aesthetics of the content within the campaigns evolved; newspaper editorial cartoon-style caricatures and memes were employed, a likely indication of a change of leadership or strategy at the top that sought to make the content more palatable and shareable.
What is the impact of the slander?
The data that we gathered from Trendinalia (which collects data on Twitter trends in Kenya) shows that sufficient amplification was achieved for 8 of the 11 hashtags we identified that became trending topics. This amplification was achieved partly through the use of verified accounts. One anonymous influencer we spoke to said that owners of certain verified accounts involved in these campaigns would often rent them out to improve the campaign’s chances of trending. “The owner of the account usually receives a cut of the campaign loot from the person that rented it from them once it’s over,” the influencer said.
The demand for this service by the political class in Kenya is markedly strong. During the months of May and June alone, we counted at least 31 artificial political hashtags, including the ones linked to the BBI process. This translates to at least one manipulated disinformation campaign that Kenyans have to deal with every two days.
Curiously, there is little evidence that these operations actually sway people’s opinions. However, they do have an effect on how Twitter users interact with their information environment. The goal of such operations is to overwhelm, to create an environment where nobody knows what is true or false anymore. The objective is to exhaust critical thinking and muddy the truth.
During the months of May and June alone, we counted at least 31 artificial political hashtags, including the ones linked to the BBI process.
Typically, a post by any of the prominent activists or judicial officers is bombarded with so much aggression, insults, and dismissive comments that the space for a good conversation is lost. The point is always to ensure that sober-minded people are disincentivized from amplifying the topic after encountering so much aggression in the replies and the quote tweets.
The role of Twitter Inc.
To many Kenyans, Twitter matters. The platform has become a very critical avenue of expression, networking, running ads, and a means of obtaining information. It is also an important avenue for active citizenship as #KOT (Kenyans on Twitter) is one of Africa’s loudest and most lively internet communities.
On the darker side however, some of the features on Twitter are being exploited for nefarious purposes. The platform is failing Kenyans—and Africans more broadly. Political actors are using it to try to control political narratives by poisoning the platform and harassing dissenting voices.
Specifically, Twitter’s trending algorithm, which selects and highlights content without examining its potential for harm, often serves as an on-ramp for users who are trying to find information on the platform. Our sources said that Twitter trends is the primary key performance indicator by which most of their campaigns are judged. They admitted that without it their jobs would not exist. “The main goal is to go trending on Twitter. I’m not sure what our jobs would look like without that target,” said one source.
The evidence available points to the fact that, for the executives at Twitter, this is not a new phenomenon. The trending algorithm in particular, which is a big part of how Twitter works, has been abandoned to disinformation campaigns and attacks.
Twitter’s Moderation Team should pay close attention, keenly monitor and regulate its trending section. Activists, such as Sleeping Giants, have repeatedly called for Twitter to “untrend” itself. This could be done by either removing the feature completely or by disabling it during critical times such as during election periods.
The evidence available points to the fact that, for the executives at Twitter, this is not a new phenomenon.
Arguably, Twitter does not have an incentive to fix this. It sells ads for “promoted trends” and “promoted tweets” within the feeds of hashtags on its trending topics section to business clients. This puts Twitter squarely in the middle of the mess as it profits from this harmful activity.
Ad Dynamo, an agency that sells Twitter Ads in Kenya, currently offers promoted trends for US$3,500 per day within the country. The overall message this sends is that it is ok to sow hate on the platform so long as Ad Dynamo owners can place ads next to the trending content and make a profit from it.
As Kenya heads towards elections in 2022, the demand for these services will increase and many political parties will seek out malicious coordinated trending models and create the risk of a repeat of the 2007 political violence.
WHO Neutrality in a Time of Crisis at Home: The Case of Dr Ghebreyesus
The UN and its highest officials must not choose inaction under the pretext of observing neutrality especially where genocide, crimes against humanity, war crimes, ethnic cleansing, weaponised rape, and starvation are taking place.
Dr Tedros Adhanom Ghebreyesus was re-elected to serve a second five-year term as the Director-General of the World Health Organization at the 75th World Health Assembly on 24 May 2022. Dr Ghebreyesus is from Ethiopia’s Tigray region and he has been condemning the Ethiopian and Eritrean governments, as well as non-state actors in Ethiopia such as the Amhara militia, for the comprehensive humanitarian blockade, total siege, systematic rape, mass killings, total destruction of health facilities, and killings of humanitarian and health workers, and other atrocious acts committed in Tigray and against its people. There are, however, critics, especially from the Ethiopian government, that claim that he is abusing his mandate as the head of a UN organization. This raises the question to what extent high-ranking UN officials should stay neutral when it comes to conflict and crises in their home countries.
Mandate and watchdog
As the Director-General of the WHO, Dr Ghebreyesus’ statements on the catastrophic humanitarian and medical condition of the people of Tigray and his call on the Ethiopian and Eritrean governments to lift the siege and humanitarian blockade are legitimate and within the purview of his mandate. It is important to understand the context of Dr Ghebreyesus’ statements. Dr Ghebreyesus has the responsibility of upholding WHO principles, which include the recognition that the “health of all peoples is fundamental to the attainment of peace and security and is dependent on the fullest cooperation of states and individuals” and that “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition.”
The war on Tigray started at a time of the rapid spread of the COVID-19 pandemic, and disrupted the efforts of the people of Tigray to prevent and contain the spread of the disease and mitigate its significant health and socio-economic-political impacts. Citing the COVID-19 pandemic as the reason for the move, on 31 March 2020, the National Electoral Board of Ethiopia (NEBE) postponed the scheduled 29 August 2020 legislative elections indefinitely. However, other voices, including the Government of Tigray, have condemned the decision as a corona-clouded power grab.
The war on Tigray, referred to by the Ethiopian government as simply “law and order enforcement” against a few leaders in Tigray, turned out to be a well-planned total war against the people of Tigray that involved significant forces from foreign countries, including Eritrea and Somalia. Several reports by humanitarian organisations and investigations by human rights organisations and international media have repeatedly concluded that the gruesome mass atrocities committed against Tigrayans constitute war crimes, crimes against humanity, and ethnic cleansing that may amount to genocide. This is consistent with Ethiopian officials’ openly stated intent to erase Tigrayans. In February 2021, four months after the war started, they even shared their intentions with Pekko Havvisto, Finland’s Foreign Minister and EU Envoy to Ethiopia. “When I met the Ethiopian leadership in February, they really used this kind of language, that they are going to destroy the Tigrayans, they are going to wipe out the Tigrayans for 100 years, and so forth.
Despite the Ethiopian government declaring unilateral humanitarian ceasefires twice, first on 28 June 2021 and then on 24 March 2022, together with their Eritrean allies, Ethiopian forces have maintained the siege sealing off Tigray from the rest of the world and imposing “a de facto humanitarian aid blockade” as stated by the UN in July 2021. The siege involves a complete shutdown of telecommunications, transportation, electricity, and the banking system with the result that workers’ salaries cannot be paid, people with savings cannot access their money, and the Tigray diaspora cannot send remittances to help their families and friends in Tigray. Even aid agencies working in Tigray were denied cash and fuel and many were forced to halt their humanitarian operations.
By March 2022, 16 months since the start of the war, it was reported that an estimated half a million Tigrayans have been killed. Of those, close to 200,000 lost their lives by starvation, which is being deliberately used as a weapon of war, while another 100,000 civilian Tigrayans died from lack of access to basic medical care. The allied Ethiopian and Eritrean forces deliberately destroyed, damaged, and looted food production and supply chains and the entire health system. It is now close to 20 months since the war started and more Tigrayans have died from deliberate starvation, denial of medical care, torture, extrajudicial killings in the liberated part of Tigray, in western and other parts of Tigray still occupied by Ethiopian federal, Amhara, and Eritrean forces and in internment camps in many parts of Ethiopia.
The allied Ethiopian and Eritrean forces deliberately destroyed, damaged, and looted food production and supply chains and the entire health system.
The Ethiopian government and its allies are indeed working against the core UN charter and instruments including universal human rights such as the right to life, freedom of movement, right to food, right to health, and right to humanitarian aid. The people of Tigray are now denied the enjoyment of a standard of health services that they attained after decades of a hard, consistent and holistic effort to attain primary health care. The WHO sent critical medical supplies to all conflict-affected regions of Ethiopia but while the consignments to the Amhara and Afar regions arrived at destination without problems, those destined for Tigray have been deliberately blocked by Ethiopian authorities and their allies from reaching people who are being deliberately starved and denied access to basic medical supplies.
It is within this context that Dr Ghebreyesus is speaking out and calling for the Ethiopian and Eritrean governments to stop weaponizing access to food and medical supplies. Speaking at the inauguration of his second term, Dr Ghebreyesus said:
“I am humbled by the opportunity provided by the Member States to serve a second term as WHO Director-General”. He added, “This honour, though, comes with great responsibility and I am committed to working with all countries, my colleagues around the world, and our valued partners, to ensure WHO delivers on its mission to promote health, and keep the world safe and serve the vulnerable.”
Dr Ghebreyesus is therefore acting in line with his mandate to be a voice for the voiceless victims. Dr Ghebreyesus is impartial in that, under his leadership, the WHO has also been dispatching critical medical supplies to the Afar and Amhara regions; the UN system has a watchdog that oversees the impartiality of UN officials. Moreover, the UN also has an Office of Internal Oversight Services, which investigates misconduct and violations by UN officials and submits reports and recommendations to the UN Secretary-General.
The Ethiopian government did lodge a complaint to the WHO Office of Compliance, Risk Management and Ethics (CRE) and to the WHO’s Executive Board, alleging misconduct and calling for the removal of Dr Ghebreyesus from office claiming that he was using the office of the Director-General to further his personal political interests. This is part of the campaign that the Ethiopian government has been waging against all Tigrayans—attacks and witch-hunts against Tigrayans that lack any credibility. UN peacekeeping troops of Tigrayan origin deployed in Somalia, South Sudan and Sudan faced similar attacks which led the UN to treat them as prima facie refugees in need of protection.
In his 2021 book titled Perilous Medicine, Professor Leonard Rubenstein describes the debate within the humanitarian and donor community about the role of neutrality in aid work, which can be extrapolated to the UN’s high-ranking officials.
Neutrality, one of the four principles of UN humanitarian practice (humanity, impartiality, and independence), is about not taking a position on one side or another in a conflict. When undertaking humanitarian and other UN operations in zones of armed conflict, UN officials are expected to remain neutral, avoiding taking sides or showing favouritism. In contrast, impartiality is maintaining non-discriminatory positions towards individuals and groups of people in a conflict needing humanitarian assistance. However, neutrality should not mean that UN officials have to remain tight-lipped and passive when any of the warring parties are massacring and deliberately starving a civilian population and denying them access to life-saving assistance because of their ethnic origin, gender, nationality, political opinions, race or religion. As long as aid workers (or in this case UN officials) maintain impartiality, Professor Rubenstein questions if maintaining neutrality vis-à-vis a waring party or parties is even morally ethical, especially when they attack or deny civilians humanitarian assistance because of their identity, as is the case with ethnic Tigrayans.
The WHO, led by Dr Ghebreyesus, has been impartial in its medical aid delivery to all ethnic groups affected by the civil war in northern Ethiopia. While neutrality has been interpreted as not taking sides, it does not require Dr Ghebreyesus to be indifferent to the suffering of millions civilian Tigrayans when the Ethiopian government and its allies blatantly discriminate against them and deny them access to vital international medical assistance because of their ethnicity.
In her article Neutrality vs impartiality: What is the difference?, Carol Devine of Doctors Without Borders says, “Neutrality is not the same as staying silent. It’s nuanced and even controversial. MSF reserves the possibility to speak in public about massive human rights violations and crimes of humanity, including genocide.” A misguided interpretation of neutrality can lead, as it did in Rwanda, to catastrophic and regrettable tragedies. When civilians are facing crimes against humanity, war crimes, ethnic cleansing and genocide as is still happening in Tigray, taking no action using neutrality as excuse is against the fundamental values and mandates of the UN human rights and international humanitarian law.
A misguided interpretation of neutrality can lead, as it did in Rwanda, to catastrophic and regrettable tragedies.
It is important to be aware of the unfortunate conflation of neutrality with the duty of impartiality. Indeed, former UN Deputy Secretary-General Louis Frechette is cited saying, “The UN cannot be impartial between those who respect international, humanitarian, and human rights laws and those who grossly violate them.” In 1999, former UN Secretary-General, Kofi Annan said, “In the face of genocide, there can be no standing aside, no looking away, no neutrality – there are perpetrators and there are victims, there is evil and there is evil’s harvest.”
The UN and its highest officials must not choose inaction under the pretext of observing neutrality especially where genocide, crimes against humanity, war crimes, ethnic cleansing, weaponised rape, and starvation are taking place. The heads of UN organizations including Secretary-General Antonio Guterres need to join Dr Ghebreyesus in speaking up and acting against the continuing ethnic cleansing, siege and humanitarian blockade of millions of civilian Tigrayans.
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