Reading recent submissions to The Elephant by Millennials, one gets the impression that there is a generational battle going on in Kenya. It is portrayed as the Millennials beating back their elders who, having sold out first to the Colonialists and then to kleptocracy, now persist in accusing this generation of narcissism for rejecting colonial precepts of success and progress. The most astonishing assertion in this verbal deluge was made by Kingwa Kamencu.
“[Millennials] question everything. They ponder and muse over and critique everything given to them, weighing and evaluating its weight and worth, something their parents’ generation never did. Their parents simply swallowed all that was force fed to them as truth.”
The evidence suggests otherwise and we shall return to the work of our parents. First the musings of the youth. Walking behind a trio of Ugandan youths one day I overheard this snatch of conversation;
“…I told my Mzee – No, I expect something more expensive than that for my birthday…” They were not ten years old, closer to twenty. The other two listened while the first explained that he had rejected a first offer of a birthday present and was waiting to see what his father would turn up with at the end of the day.
There was another one who would not leave my bank manager’s office until his father (the manager) had promised to ‘see about’ a car.
They didn’t strike me as being part of the “mass-movement of philosophers” that Kamencu claims the youth are, just frankly brats with a heightened sense of entitlement. But to judge all young people by the actions of a few would not be helpful in grappling with the existential issues at hand. Admittedly Kamencu states she speaks for the affluent whose concerns are ‘the higher things of life.’
In defense of Generation X-ers and earlier generations
Our forebears were just as much victims of colonialism as are the present generation. The difference is our forebears had to find a way to survive the immediate physical and economic barriers to their advancement. It was a time when the entire population of Kenya was diagnosed as being genetically backward. It was said that if the African was not colonized and made to labour, s/he would become extinct and so they were flogged and starved in to submission. And yet they survived and prospered mainly through their physical labour as farmers.
They survived the onslaught by a combination of diplomacy, subterfuge and open defiance. Apart from one chiefdom in West Africa that was traded for a consignment of alcohol, there is no record of our ancestors voluntarily giving up their sovereignty.
Without judging the choices of any one cohort, it is necessary to point out that the most defiant did not live to tell the tale. Neither did their communities.
King Jaja, of Opobo in today’s Nigerian Rivers State had been trading in the area since 1869 (Meredith, 2014). Jaja had developed a monopoly, by fair means and foul, and was a successful exporter of palm-oil. He managed to by-pass local merchants and sell directly to ports in Britain. So successful was he that he could afford to have his children educated in Scotland. The National Africa Company obtained a royal charter in 1886 to encroach on Jaja’s territory. He resisted. In to this scene stepped Harry Johnston, the British botanist who invited Jaja to a meeting on his ship with the assurance that he would be free to leave whether or not he accepted British proposals. Jaja never set foot on Opobo soil again but was transported first to England where, bizarrely he met Queen Victoria, and was then exiled to the West Indies (Cookey, 2005). The Royal Niger Company went on to develop its own monopoly of palm-oil for many miles along the River Niger.
Sultan Abdullah of Perak (now part of Malaysia) spent seventeen years in exile in the Seychelles from 1877. His was a rout – thirty-seven others were exiled with him. Also exiled were Ghana’s Yaa Asantewaa, queen mother of Ejisu of the Ashanti Empire and her son King Perempeh. Sultan Sayyid Khalid bin Barghash Al-Busaid of Zanzibar was exiled there in 1916.
After protracted guerilla warfare Kings Kabalega and Mwanga of what are now kingdoms within Uganda, were exiled to the Seychelles in 1897 where they met with fellow exiles of the British.
Possibly the best example of the Imperial take-no-prisoners approach is the ancient and extinct Kingdom of Benin. Benin was a sophisticated, prosperous and powerful kingdom. It remained independent until the nineteenth century despite increasing pressure from the British to form a trade alliance (and become a Protectorate). In the seventeenth century it was described as follows;
“The King of Benin can in a single day make 20,000 men ready for war, and, if need be, 180,000, and because of this he has great influence among all the surrounding peoples… His authority stretches over many cities, towns and villages. There is no King thereabouts who, in the possession of so many beautiful cities and towns, is his equal.”
British pressure mounted leading to two Benin soldiers opening fire on British troops. After the Benin Punitive Expedition in 1897, all that remains of the Kingdom of the Benin is its artefacts, themselves the property of Western museums.
Kings and chiefs attempting to resist the annihilation of their Kingdoms and way of life; were deposed either by the British government itself or by their commercial agents, the Chartered Companies, other examples are; Dizinkulu and Lobengula. The aftermath of the Maji Maji and Hehe Rebellions, the Matabele and Mashona wars, the Mau Mau Uprising was not victory for the African. What can be said is that they established a tradition of defiance.This would not have been possible had each been focused on his/her own navel. To interprete their predicament as ‘chugging down Westernization’ as Kamencu does is simply childish.
More recently Albert Luthuli, Robert Sobukwe, Bantu Steven Biko, Nomzamo Winnie Mandela and Madiba, Albertina and Walter Sisulu, Oliver Thambo, Samora Machel, Amilcar Cabral, Kwame Nkrumah, Patrice Lumumba, the children of the Soweto Uprising and Thomas Sankara questioned everything.To these add Achebe, Ngugi, p’Bitek, Neogy, Abrahams et al and those who read and constantly re-read them.
Each of these represented and was largely supported by her/his generation. Progress was made, but the cost was always high. It was only made possible by cultivating ‘old-fashioned’ values such as forebearance, longsuffering, community spirit. Ubuntu.
It is just as glib to say such and such an age cohort is lazy as it is to say,“Our parents, directly in the frontlines of Westernization during colonialism and in the new independent state … never had the luxury of looking for this thing called purpose.” The pursuit of political and economic freedom was their purpose. The work is not yet complete.
They had their faults and personal failings from which I am sure Millennials do not suffer. But they were prescient too, listen to Biko’s interview on Black Consciousness. His discourse on the exploitative economic structures of South Africa sounds as though he was being interviewed last week. Biko was thirty-one by the time he predicted that post-Colonial freedom not accompanied by redistribution of wealth would result in a black ruling class and a [persistently] poor Black majority. This has come to pass.
In South Africa the missionary education Africans received enabled them to side–step the subversive apartheid Bantu school system and develop the skills to form and commit their thoughts to paper using conventional language, spellings and grammar accessible to the wider population, which is why we have them today. They were able to communicate with allies outside their own ethnic and generational groups and beyond their own borders to spearhead the anti-apartheid and independence movements. Had the elders rejected wholesale all that their forebears and the missionaries represented, Millennials would be labouring on corporate plantations and only philosophizing during their lunch-break if any.
Speaking of which, what is the philosophy of the Millennial?
Per Kamencu– We wear, do, say what we want. Nothing new there. Biko famously said, “I write what I like.” He was killed for it.
– We sing in Sheng and not English, she pouts, supposing new ground is being broken. But before Sheng there was popular music in Swahili, Luo, Luganda, there was mbaqanga, Lingala…almost as many languages as there are ethnic groups. In any case, Sheng is an X-er thing, the term was in use at least as early as 1993.
Kamencu then claims wearing vitenge as a new form of decolonisation along with natural hair. Of course vitenge, tie-dye, corn–rows (Kiswahilli in Luganda), Ghanaian wuzi (natural hair styled with cotton thread) and naturals or afros made their first appearance as symbols of Black Power in the 1960s during the struggle for Independence and American civil rights.
This lack of awareness of our liberation history is worrying. What hope is there in an awareness of Imperialism in camouflage? Can we look to Millennials for solutions to neo-colonialism – now called state-capture or subimperialism– and to unsustainable debt? What about Foreign Direct Investors carrying on from where chartered companies left off?
Many privileged Millennials, enjoying hard won racial equality – do not minimize the importance of racial equality – and enjoying all the advantages of the education, healthcare and transport facilities their forebears worked and paid for, and many beneficiaries of post-Independence crony capitalism, have yet to go beyond pointing out the shortcomings of everybody around them, to suggest some viable answers to the questions of the day.
It is only at the end of her discourse that Kamencu mentions the socio-economic issues: unemployment and the lack of a social safety–net. There is no acknowledgement that precarity is partly a result of the Structural Adjustment Programme (SAP) and has forced Millennials to make certain life choices. No recognition that precarity exists in colonizing countries as well as among the colonized or among the elderly whose pensions and savings have been demolished by mandatory currency devaluation and other international monetary interventions. No understanding of the role of capital in all of this.
It is not only Millennials that have valid grievances. Many Boomers and Generation X–ers moved on to middle-age and retirement to find that the social support systems they paid in to and that their forebears enjoyed in that phase of life are absent, such as; real pensions, affordable housing, reliable public transport and affordable health-care – to which, arguably, they are entitled. In many countries, Uganda being one, the fifth ‘marker of adulthood’ – saving for the future – was rendered meaningless by currency devaluation.
In defense of the Millennial
More encouragingly, Joe Kobuthi’s analysis of Kenya’s post-Independence (post–Moi) history supported by facts and figures is the first coherent, contextualized description of the challenges of African Millennial life this writer has seen. It also makes clear that the privileged (whether in fact or in attitude) are a tiny minority of society.
Darius Okolla is similarly engaged in a factual analysis of the individual phenomena of modern living’ in their socio-economic context, the famous five ‘failures’ in ‘adulting. He is strongest when he challenges the assumption that an age-cluster is necessarily a homogeneous or bonded entity. Okolla argues that Gen X-ers were interrupted in their ‘bonding’ by the disruptive effect of the SAP. Many of them he rightly points out, elected to buy in to short-termist economic policies that did not build for the future. (One could go further, looting the State is not even an economic policy properly so-called. It is theft.)
Perhaps this is where the fundamental error lies, equating arithmetical age-groups to cohorts that come of age together in the structured, time-honoured and accepted rituals of the past, rituals symbolizing and founded on a common outlook: the Kikuyu Mariika or the Inkajijik for example.
It may be a conflation of the two that leads Okolla to the staggering assertion, without his characteristic presentation of evidence, that the SAP “united [Gen X] in sedative leisure of booze, longing for emigration abroad, sex and despondency.”
Perhaps it is a Kenya-specific thing. Ugandan survivors of the same period will find the particularly painful.
Western generational clustering is not helpful in defining the parameters of the struggle for economic liberation. Any struggle should encompass the entire population facing uncertainty – the Precariat – regardless of age or nationality.
Lessons need to be learned from past mistakes because there is no guarantee that the young would be immune from tendencies to corruption, self-indulgence and consequent poor governance (come the revolution) by which they stereotype the older generations. Remember, the authors of state–capture were once freedom fighters.
We have heard too this week, about Mathare Futurism an initiative of the youth of Mathare to begin imagining a better future. Interestingly, the founder Wyban Mwangi is not a child of privilege preaching divisiveness but someone who out of necessity was taught to beg on the street before he learned the alphabet. It is he who proposes the beginnings of a solution.
The Mathare Futurists have started a green movement to provide nourishment and medicinal plants as well as trees to make Mathare beautiful, more liveable. Importantly, the initiative involves a healing process in which trees are planted in remembrance of those who died at the hands of the State.
The healing needs to extend to those who have ‘folded in to themselves’ as Troy Onyango puts it. The depression he (and one imagines others) suffered seems to be related to a phenomenon Frantz Fanon observed among Algerian victims of French oppression and described in The Wretched of the Earth. Fanon’s patients had succumbed to an apathy accompanied by a mysterious physical paralysis, losing the ability to function. There was no visible cause and they recovered when removed temporarily from the hostile environment.
Onyango recognizes that when elephants fight it is the grass that suffers. He affirms the contribution made by earlier generations even as he deplores their intolerance of the necessary choices the younger generation has to make.
We are not far off agreeing that the local agents of foreign capital, Fanon’s ‘native elite’ do not represent the interests or intentions of their generations. Patrick Bond describes them as “a global–scale buffer elite emerging which the imperial powers generally find useful in terms of legitimation, financial subsidisation and deputy-sheriff duty.”
We are all victims of these men.
“[…]The ideological deficiency, not to say the total lack of ideology, within the national liberation movements — which is basically due to ignorance of the historical reality which these movements claim to transform — constitutes one of the greatest weaknesses of our struggle against imperialism, if not the greatest weakness of all.”
If X-ers were allowed to make a contribution, I would suggest we work towards planting a tree to symbolize the search for what Kobuthi calls new concepts and the new wo/man.
As in the days of old when communities gathered under communal trees to diagnose and discuss their problems, we need to come together to heal,for each generation to show empathy for the others, to confirm our common interest in a better, less precarious future and to identify and organize against those who would deprive us of it.
I’m Black, I’m Proud. Still
You can’t feed into the darkness. You can’t demand anyone to know what you know, to understand what you understand. People come to truth when they come to it and not a second before.
Growing up down south in the aftermath of the 1960s Negro Revolution in America was truly the best. During that period, three out of every four Black children in America were born in a two-parent home. By the 80s, that number would drop to one in every four.
Education and opportunity were becoming more accessible to black and brown communities everywhere. It would be the force that would get us out of the hole history had placed us in.
We were moving forward and everybody could feel it, but as much as I liked going to school and learning new things, my favourite memories are of when, after school, I got to spend time with my brothers and cousins. There was just something magical that happened when we were together.
We would meet over at grandma’s house in that part of the city we called the village. The village was a straight, two-block walk from school, down King Street, past the Piggly Wiggly store parking lot and then to the stoplight where you take a right turn onto Rommey Street, and another right on to what looks like a parking lot on the side of the church, and just at the bridge, before you crossed the old train track or you would have missed it, the entrance to the court. Thirty or so homes behind the old Methodist Church on a road invisible from the street laid out in the form of a horseshoe.
I cannot talk about the village without talking about the city and the state. Charleston, South Carolina is a peninsula city located on the South Carolina coastline. It was one of the thirteen original colonies and the very first state to break away from the Union, and one of the founding states of the Confederacy.
The village was a housing initiative following the 1964 Civil Rights Act aimed at breaking the cycle of poverty by moving Black families out of the old housing slums and projects and into new affordable homes.
The difference between the projects in the South and the projects up north is the space and design. In most cases, southern projects were designed to be communal properties, different from the stacked high-rises up north or in the Midwest.
The projects down south were simple properties where people learned to share. They shared the backyard when the sun got too high and the front when people just wanted to be outside and catch a breeze. Everybody knew one another and called each other by name. Family arguments, celebrations and losses spilled into neighbouring apartments causing people to act like one big extended family. And even though everybody was poor, they would have been hard-pressed to admit it. Poverty was a state of mind. The community spirit emphasised generosity and everything was shared. If you were hungry and didn’t have food, you could always ask next door.
Having lived in the projects for decades, my grandparents were one of the very first people to be offered a house in the village. I can remember the move like it was yesterday, everyone was so excited.
The year was 1973, I was eight years old. For the first time Black families in Charleston would have the chance of a normal life.
My grandparents, long into retirement, coupled with our large, extended family of cousins, uncles, aunts and three brothers – two older and one younger – were a great source of pride and joy until I learned that the American egalitarian beliefs which I thought were as perfect a foundation as there could be, were but an illusion, a well thought out scheme. We weren’t freed, we were just moving boxes.
Although everyone got their own private home, some did build fences around theirs but others opted against this, allowing for yards to overlap, creating a more open and vibrant community.
My grandparents had a high chain-linked fence, but there was still this sense of togetherness. When something went wrong in the village, the elders would be the first out to deal with it.
My exploration of the real workings of America would begin from within this village in 1976, the year that America celebrated its 200th anniversary of independence from British rule.
That year, I began to see that the ideals that gave birth to the idea of “We the People,” did not include people like me.
I remember a young militant uncle, oozing Black pride, spilling the beans and pointing out to me that neither he nor I, nor any of the millions of other Blacks had reason to celebrate America’s success.
As my White and Black classmates and a nation prepared for the grand July 4th spectacle that would include a freedom train, a scheduled stop in our city, marching bands, hotdogs, cotton candy and fireworks, I began my own re-education, reading keenly to understand the origins and the construct of the first Americans.
In the 200 years since the Protestant Christians invaded America they’ve enslaved millions, massacred the Indians, and everything we’ve suffered – the chains, the church bombings, our leaders assassinated, brothers lynched – all of it has been part of an elaborate scheme to keep Blacks subjugated.
In June 1740, the British Parliament passed the Naturalization Act of 1740 – the “Plantation Act” – into law.
In this decree, any White European Protestant alien who had been living in any of the thirteen colonies for seven years without being absent from that colony for more than two months, was deemed to be a natural-born citizen of the United Kingdom.
The Plantation Act of 1740 was a direct response to the September 1739 Stono River Slave Rebellion in South Carolina. The Stono Rebellion was the largest slave insurrection in British North America that culminated in the deaths of 25 colonists and about 50 Africans. It was led by an Angolan known as Jemmy and a band of about twenty slaves, who broke into a store, armed themselves and demanded their freedom. They marshalled a group of 60 slaves in an attempt to reach St Augustine in Florida, where the Spanish guaranteed freedom and land to any fugitive slave. The rebellion was crushed at Edisto River, 80 kms away from where the rebellion had started.
The 1740 law criminalised the Black experience itself, restricting the right of free movement, the right to free assembly, and the right to be educated or to earn money. These punitive and discriminatory laws created by men who claimed to be good Christians, legislated the right of plantations owners to even kill rebellious slaves.
Most colonialists considered themselves British until the year 1776 when resentment began to fester among the settlers. Frustrated by taxation and a lack of representation in the British Parliament, these new Americans declared war on their own government demanding independence.
That same year, the British-born political activist, pamphleteer and immigrant to the colonies, Thomas Paine, published a pamphlet titled Common Sense in which he argued the case for a new “America”.
“Europe, and not England, is the parent country of America. This new world hath been the asylum for the persecuted lovers of civil and religious liberty from every part of Europe.”
The American War of Independence was fought from 1776 to 1783. Seven years later, the Naturalization Act of 1790, the first naturalization law of the new republic legislating who could be granted United States citizenship, was passed into law.
All Free White Persons of “good character” who had been residing in the United States for two years or longer could apply for US citizenship. In effect, the law’s use of the phrase, “free white person” excluded blacks and immigrants of other races from being eligible for citizenship, and most importantly, for protection under the laws of the court.
As a child I had drank the Kool-Aid and believed that it was peaceful cooperation between the pilgrims and the native Indians that had established the widely practiced Thanksgiving holiday tradition.
I recall summers spent playing cowboys and Indians with my brothers. We took turns at who got to play the Indian. I felt no shame striking the Indians down with my rifle. They were always the bad guys, raiding the poor settlers’ forts, attacking their caravans. But I was baffled by the contradictions. Why would the Indians save the pilgrims who were dying from the cold and hunger only to try to escape from them later? It just didn’t make much sense.
Then it came to me: the Native Americans were fighting to protect their land. We weren’t playing a game; what we were doing was re-enacting a massacre. Over five million Native Americans were killed before the West was conquered.
Regardless the age at which one arrives at truth and understanding, it is always disorienting and disheartening. I’ve found that whether one accepts it or not, the only thing we can be certain of in this world of uncertainty is change.
I spoke with many people after the first 2020 Presidential Debate between President Trump and the Democratic nominee former Vice President Joe Biden that took place in the midst of heightened racial tensions and the COVID-19 pandemic. I got many mixed views regarding the outcome of the debate; some were shocked by the childish display while others dug in, taking sides and displaying party loyalty like it was a football game. Of the many reactions I got, one zoom call from home with my older brother really got me thinking.
“Can you believe that man?”
My older brother is now 60.
I had noticed him wiping his eyes.
I asked, “What ‘s wrong?”
At first he didn’t (want to) speak, he just kept brushing the tears away, then he began,
“Little brother, we grew up together,” he said.
“We pretty much had the same childhood, but I’ll tell you, I have never had any white person call me a nigger or spit on me like these guys up here in Philadelphia tell me they have. I have had White teachers down south who were some of the nicest people you’d want to meet. But, looking at that debate last night and the President of the United States refusing to denounce white supremacy as racist, I just never, you know, thought White people hated us that much.”
I empathised with him because I knew the pain of sacrifice, service, abandonment, rejection and betrayal.
I joined the US Military at seventeen to prove my allegiance to the ideals that made America great in my mind, but war in a foreign land far away from the ones I loved taught me the truth about service and the value of my life.
My brother and I grew up five years apart in a changing post-civil rights America. We were kids of the Kool-Aid generation, the first of our kind. We had opportunities our parents could only have dreamt of. We were the hope of a brighter future, a brighter America. A post-civil rights America.
In the 1960s, the far right party was a party bent on preserving the privileges of natural-born Whites in America, Jim Crow’s America. However, during the 1960s a new consciousness emerged as young White Americans took to the streets to say that they had seen the attack dogs set on peaceful protesters and wanted a better America. In January 1961, a young President-elect of Irish descent and a wealthy practicing Catholic would become the embodiment of the American dream and challenge the good American Christians to look into their hearts and minds and begin anew to create a better nation where the rights of every American, White and non-White, were protected under the laws of the land.
With a rousing inauguration day speech, JFK inspired Americans to think better of themselves, to think higher of themselves: “Ask not what your country can do for you, but ask what you can do for your country.” He had spoken and the people spoke back. My parents gave me his middle name because they believed life for Blacks in America would be different.
But, in November of 1963, the 46-year-old president, John Fitzgerald Kennedy, was gunned down by a lone gunmen while out in Texas promoting his ideas of equality to the American people.
This is America
My brother was crying because it was hard for him to accept people could be so calculating and one so naive. He, like so many others, wanted badly to believe in a land blessed by God.
I was twelve years old when my big brother left home. He moved up north straight out of high school, where he built a career and retired as a professional chef. He found love, family and set up a home up north. But in the Trump years, the scales fell from his eyes.
“I never had a racist moment down south, not like the kind of racist moments these guys tell me they’ve encountered here in Philly. I mean I just never believed White people hated us that much.”
I knew the anguish, the shock. We Blacks down south don’t complain, we see but at the same time we’ve learnt not to see.
My grandma in the village used to say, “You can’t feed into the darkness. You can’t demand anyone to know what you know, to understand what you understand. People see what they want to see. People come to truth when they come to it and not a second before.”
But what you don’t do is stop living.
Gold and Gemstone Policy in Kenya: The Devil Is in the Detail
Small-scale artisanal gold and gemstone mining is decades-old but lack of knowledge and expertise, and limited support from the government have hampered the sector’s development.
The evergreen town of Kakamega is a picture of the hustle and bustle typical of any Kenyan town, with many hundreds of folks going about their daily business. But as you leave the town behind, the environment changes, a lush countryside of cultivated fields and densely planted trees giving no hint of the gold mining taking place in the nearby locality of Ikolomani.
Across the country, 432 miles to the southeast of Kakamega is the beautiful transit town of Voi, the largest town in Taita Taveta County which lies at the foothills of the Sagalla massif. But the much smaller town of Mwatate is the county capital, and the source of gemstones that Kenyans from other parts of the country know little about. Mwatate has rubies, red garnet, emeralds, moonstones, tsavorite, okenorite, and many more.
Small-scale artisanal gold and gemstone mining has been going on for decades in both Kakamega and Taita Taveta counties, undertaken mainly by local artisanal miners and by a few non-locals and foreign nationals.
The Mining Act 2016 recognises three levels of mining rights: artisanal mining permits, small-scale mining permits and large-scale mining licences. The small-scale permits and large-scale mining licences are issued at the national level through the Kenya Mineral Rights Board (MRB), while the artisanal mining permits are issued through the county artisanal mining committees. The Mineral Rights Board and the county Artisanal Mining Committees are administratively governed by the State Department of Mining under the Ministry of Petroleum and Mining. The Director of Mines and his representatives in the various counties are in charge of overseeing the implementation of the ministry’s policy frameworks. The Ministry of Petroleum and Mining has key mining regulations in place to govern this process.
But even though the Mineral Rights Board is in place, the process of setting up the county Artisanal Mining Committees (AMCs) has been long drawn out and there seems to be no hurry to implement the mining regulations that were commissioned in 2017. Kakamega County’s AMC was gazetted on 27 March 2020 and the team commissioned on 20 July 2020. However, the AMC has yet to begin its work as the key governmental mechanisms necessary to run the committee are still pending and so no mining permits have been issued to artisanal miners in Kakamega County since the gazettement.
Artisanal miners in Taita Taveta County are in a different situation altogether. The list of members of the county AMC constituted through their appointing authorities has been forwarded to the Ministry of Petroleum and Mining but the AMC has yet to be gazetted. When contacted on this issue, one of the reasons cited by the ministry officials was that factions within the mining fraternity have disputed the list of people proposed to be part of the AMC.
Applications for small-scale mining permits are submitted to the Mineral Rights Board through the Mining Cadastre Portal. The platform is meant to bring these services close to the miners but they complain of the slow response from the Ministry of Mining. They must travel to the ministry to submit the paperwork even after uploading it onto the portal. Access to a stable internet connection is also a challenge in the remote areas of Taita Taveta and Kakamega while some of the small-scale miners lack the capacity to use the online system. Most have to travel to the Ministry’s offices for assistance or else hire someone with the skills to undertake the work for them, rendering the application process both tedious and time-consuming.
The ministry has not undertaken any capacity building and shows a lack of commitment to make the system more efficient and user-friendly. The biggest hindrance, however, is the low budgetary allocation made to the Ministry of Mining, which leaves the staff with limited options in their efforts to serve small-scale miners.
The stated goal of the Mining Cadastre Portal is “to provide an electronic platform for all stakeholders in the mining sector in Kenya to engage directly with the Ministry of Mining.” Existing mineral rights holders (those with mining permits and licenses for mining) or those with pending applications can download, complete and upload the requisite documents. Prospective mineral rights holders can also submit their particulars and other supporting documents through the portal.
The portal is also a one-stop shop for information on mining activities in Kenya. It has a cadastre map of the key areas with mineral resources, as well as details of licence holders, and on-going applications; a click on any part of the map automatically displays the existing information about that specific geographical location.
For artisanal and small-scale miners (ASMs) in Kakamega and Taita Taveta, the portal has had a significant impact on access to public information on mining in Kenya. But the portal also has its limitations. Mining is a highly skilled sector that requires high levels of expert knowledge. Some of the requirements on the portal are beyond the scope of knowledge of most gold and gemstone miners in Kakamega and Taita Taveta. For instance, the portal requires a miner to take the coordinates of the area for which they are applying for a permit. This requires equipment that is typically used by geologists and land surveyors and that is expensive to hire or purchase. A sketch of the area or locality where the miner intends to undertake extraction is another requirement, a very sophisticated process that miners in general cannot undertake on their own.
Lack of knowledge and expertise coupled with lack of access to the internet, or even computers, therefore leaves the small-scale gold and gemstone miners unable to fully exploit the portal.
Aside from these limitations, however, the Kenya Mining Cadastre Portal has been a game changer when it comes to eliminating brokers from the mining sector and it has proven to be a more efficient system than the manual issuing of permits and licences
For instance, unlike the manual system that had no clear guidelines regarding payments, all fees due to the ministry are clearly indicated on the portal and paid directly to the ministry through a cashless system. Moreover, as the portal has centralised all the country’s mining information, cases of loss or manipulation of files or documents have reduced significantly.
The gold and gemstones that are mined in Kakamega and Taita Taveta are exported out of the country with or without any value addition under the provisions of the Mining Act of 2016 which require an export permit from the Cabinet Secretary the application for which is made on the Mining Cadastre Portal.
But while the law on the issuance of mineral export permits is sufficiently detailed, its implementation is the biggest challenge and I have no doubt at all that gold and gemstones are imported into and exported out of Kenya without any form of declaration. There are many routes along the porous Kenyan boarders through which the minerals can slip in or out of the country.
For instance, most of the gold that is mined in Kakamega is taken to Uganda by road undeclared. How can this be remedied, especially for gold and gemstone miners who want to run a clean business? Also, the process of implementing the gold refinery centre in Kakamega and the gemstone value addition centre in Voi remains pending. If the sector is streamlined, then the issue of traceability of gold and gemstones will be resolved and the mineral export licence will be of value to the artisanal and small-scale miners in the sector.
The article is done with support from Diakonia Kenya Country Office under the Madini Yetu Wajibu Wetu (Our Minerals, Our Responsibility) Project. Views expressed in the article are those of the author.
Sustainability Is Key in the Management of Natural Resources
For mineral wealth to have a positive impact there must be transparent policies, reasonable public regulation, commodity flows and sustainable and varied production systems.
Natural resource wealth has massive potential and can hugely impact the economy of a country. The natural resource sector and more particularly the petroleum and mining industry is distinguishable from other sectors of the economy in that ventures in this sector are high-risk and prone to failure if not competently undertaken. Moreover, resources in the sector are typically immovable and must be exploited on the site of their discovery.
Being exhaustible and non–renewable, these resources call for prudent exploitation and management that must also factor in intergenerational equity. And unlike other industries, the exploitation of natural resources is community-based, in the sense that the activity takes place inside communities, providing opportunities for conflict as the business pursuits of an investor threaten the general welfare of the community.
Despite the lucrative nature of the sector, it comes with a number of challenges. Learning from the many countries that have experienced the “resource curse”, it is imperative that from the outset, the following issues are taken into consideration if at all a country wishes to progress and develop through the proceeds of its natural resources.
First, a country endowed with mineral resources should always plan to diversify its economy using the proceeds from its mineral wealth. This is done to avoid the Dutch disease and to ensure that the economy can withstand shocks caused by fluctuating prices. Venezuela and Nigeria are two countries that experienced economic recession due to a fall in the price of oil.
Second, while mineral exploration and production automatically comes with a high pollution risk, there is need take contingency measures to mitigate any such damage. Deliberate steps need to be taken to avoid the Niger Delta situation where land has been so degraded that the cost of cleaning up is estimated at £900 million.
Third, the phrase “resource curse” arises from the many cases where the discovery of minerals has resulted in retrogression instead of progress for the communities within which the commodity has been found. More often than not, these host communities experience conflict when the expected benefits are not realised, sometimes because of unrealistic expectations but more often because of corruption. It is important for investors and communities to engage from the outset, ideally with the government facilitating the process. Increasingly, however, civil society and religious organisations are stepping in to fill the gap left by unresponsive governments.
It is clear that natural resource wealth can provide opportunities for countries to improve the living standards of their people and can positively impact the development of nations. Indeed, it is a commonly held belief that nations richly endowed with natural resources are more advantageously positioned to shape the economic, physical and social aspects of their development than those less endowed.
However, the paradox of plenty has been the subject of extensive research by scholars and practitioners precisely because many resource-rich countries are associated with increased poverty levels, civil war, reduced economic growth, greater inequality and social injustice. This is because of a lack of goodwill to develop other sectors of the economy that are not necessarily dependent on natural resources, among other factors.
There are however, countries that can be cited for having taken off successfully. Norway, one of the world’s richest economies, and Botswana, one of the largest producers of gemstones, have both clearly demonstrated how natural resources can be harnessed to foster development, build the economy and generally improve people’s livelihoods.
Conversely, countries like the Democratic Republic of Congo, with its has huge deposits of natural resources including cobalt which is highly sought after and is of great economic value, and Angola, with its vast reserves of natural gas, are examples of how resources can come to be regarded as a curse due to the civil wars, conflicts, under-development, low GDP, and the many other problems associated with these nations despite being resource-rich.
A number of academic studies also suggest that natural resource wealth slows down the economic growth of a country. This narrative is however challenged by countries like Singapore, the United Arab Emirates and Taiwan which, despite being modestly endowed, have invested the revenue from their limited natural resources in the areas of education and research, have strengthened their policy and legal frameworks and institutions, and established parameters for advancing wealth creation and multiplication, as well as savings for the future generations.
Many theories have been advanced in an attempt to explain the resource trap in mineral rich countries. However, none of the hypotheses advanced has identified the root cause of the paradox of resource abundance. This is because, by themselves, natural resources cannot be classified as either a curse or a blessing; they are opportunities that prudently exploited can jumpstart an economy and bring long-term fiscal benefits to a country.
Unfortunately, a majority of resource-rich countries are anti-democratic and have opaque policies and institutions. Predatory governance, greed and corruption often lead to the signing of secretive and exploitative production contracts that only benefit the investing multinationals and their countries of origin.
However, there are many tried and tested strategies and approaches that have resulted in strong economies with stable and functioning governments. For mineral wealth to have a positive impact and be a blessing there must be transparent policies, reasonable public regulation, commodity flows and sustainable and varied production systems.
A good example is the resource-rich state of Alaska in the United States where 9.6 billion barrels of oil were discovered in 1969. That year Alaska collected US$900 million from the oil lease sales but all the money was soon squandered. Worried that money from the oil resources would go to waste and benefit just a few, Alaskans voted to have the proceeds spent on state development.
Seven years later, and with infrastructure development largely achieved, a public vote established the Alaska Permanent Fund through a constitutional amendment. The fund was designed to receive at least 25 per cent of the oil revenue and in 1982 a dividend programme was added to the fund. The sovereign wealth component promotes and ensures intergenerational savings while the dividend fund ensures that all residents of Alaska enjoy the fruits of their natural resources by receiving annual dividends in the form of cash transfers. Since the first deposit of US$734,000 was made in 1977, the fund had over US$64 billion dollars in 2019 with each resident of Alaska receiving US$1,606 in dividends that year.
From the example above, it is very clear that a country can truly develop using its natural resource wealth. One of the ways in which it can do this is by securing tenure rights to natural resources through regulations that determine who can use the natural resources, for how long and under what conditions. Tenure rights clearly specify the expectations of each stakeholder with regards to their roles and, importantly, the role that the hosting communities are going to play during the entire period of the extraction of the resource.
Contract transparency is another way in which good governance can prevail in the extractive industry. Resource extraction contracts signed between the host governments and the multinational companies should be made public to provide general information to the public and ensure transparency, scrutiny and accountability.
There are countries, like Ghana, that support the idea of contract transparency as a fundamental principle in managing their extractive industry, but many nations have not fully embraced the idea of contract transparency for fear of sparking public outrage and also to conceal the information for personal gain. Through contract transparency, everything that is in the contract is laid bare and the specific expectation from every stakeholder is made public. This promotes good governance and transparency and also ensures that the benefits trickle down to the community level, promoting sustainable development.
Creation of a strong regulatory and institutional framework is also another way of ensuring good governance in the management of natural resources. The legal or regulatory framework can either enhance or inhibit development in the extractive industry and there is no template for what needs to be done in order to ensure a strong legal and regulatory framework. Each country has a unique opportunity to come up with its own tailor-made legal and regulatory framework that works for it and this involves developing laws and regulations that address specific issues in the industry while at the same time safeguarding the interests of the communities and incorporating international best practices.
Having competent and functional institutions to implement the laws and regulations is another important step towards ensuring good governance in the management of the extractive industry. For the enacted laws to be effective, they must be implemented by institutions that are proactive and competent. Narrowing the implementation gap by ensuring that what is happening on the ground is in tandem with the provisions of the law is one of the critical roles of functional institutions.
A strong civil society can help in ensuring good governance in the management of natural resources. Civil society organisations provide information and have the moral legitimacy to set the resource governance agenda. They can help to democratise power in resource management, and can work to keep other resource governance actors like governments and companies accountable. The civil society plays many roles, among which is the monitoring role, where it ensures that all the state and non-state actors play their role effectively in the management of resources and, more importantly in monitoring and ensuring that benefits are realised at the community level. They also help in highlighting corrupt practices in the industry and non-adherence to the internationally recognised practices guiding the extractive sector. Civil society organisations also have a role in representing the views of ordinary citizens on issues of national importance, in this case the extractive industry.
Lastly, civil society also plays a role in setting the agenda to ensure that the interests of the public in general, and development, are given priority. According to the Institute of Global Environmental Strategies Report of 2007, governments are increasingly involving local communities and non-governmental organisations in the management of natural resources. The ways in which the different stakeholders are involved varies. In involving different stakeholders, the governments broaden the scope of engagement and possibly minimise the chances of achieving a negative impact, reduce conflict and increase efficiency in resource management.
And finally, natural resources cannot be discussed without mentioning the environment. In an effort to benefit from the natural resource wealth while dealing with environmental issues, the following principles should be considered: All decisions made must be anchored in best governmental practice in order to ensure best practice in perpetuity. Resources must also benefit communities away from the resource as the impact of pollution may be felt away from the immediate location of the activity. Where there is no scientific evidence of possible impact, an investor should provide contingency measures and where such evidence of possible impact on the environment exists—usually through an Environmental Impact Assessment—an investor must formulate measures to avoid harming the environment and a polluter must sufficiently compensate for harm caused. We must give future generations the same opportunity to have access to a healthy environment that we as a generation have been given.
The article is done with support from Diakonia Kenya Country Office under the Madini Yetu Wajibu Wetu (Our Minerals, Our Responsibility) Project. Views expressed in the article are those of the author.
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