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AFRICA AND THE WORLD CUP: A Beautiful Tragedy

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AFRICA AND THE WORLD CUP: A Beautiful Tragedy
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2nd July 2010. Soccer City, Johannesburg. The score is 1-1 at the 2010 FIFA World Cup quarter-final between Ghana and Uruguay. In the 120th minute, Ghana have a promising free kick at the edge of the box. Some panicked Uruguayan defending, a proper goalmouth melee. Hang on, what’s this? It’s a penalty. Luis Suarez just saved a certain Ghanaian goal. The only problem is he’s not a goalkeeper, but a forward. He is shown a red card for his troubles.

Asamoah Gyan steps up. Could this be the moment an African nation goes to the semi-final, in Africa’s World Cup? Gyan is Ghana’s top scorer at this World Cup, with three goals – two of which were penalties against Serbia and Australia in the group stages. If there was someone you could bet on to have the sangfroid and the cojones to do it, Gyan was that guy.

The weight of a continent’s expectation is on his shoulders. He fires a shot, which cannons off the crossbar. Instead of winning it, he condemns Ghana to a needless penalty shootout which they late go on to lose – John Mensah and Dominic Adiyiah miss for Ghana and Sebastian Abreu hits a cheeky Panenka to send Ghana out of the 2010 FIFA World Cup.

This memory is so vivid because I watched every heart-rending minute of that match, cursing at Suarez- the ready-made pantomime villain who dashed a continent’s hopes; but more so at Asamoah Gyan? How could he miss? Why was he such a choker?

This is the story of Africa and the World Cup as we have always known it. A tale of the valiant underdogs who, like Icarus, flew too near to the sun and paid the price with their naivete. It is also a tale of self-sabotage, incompetence, gulfs in class and institutional racism.

***

The story of African football is about politics.

In 1934, Egypt became the first African country to participate in the World Cup, which was hosted by Italy. They qualified for the sixteen-team tournament by beating Palestine (then under a British mandate) and Turkey (who withdrew from the qualification round). In the World Cup, Egypt lost 4–2 in the first round against Hungary. This was to be the last time an African team participated in the World Cup, until Morocco did so in 1970.

In the 1950s and 1960s, many African nations became independent and naturally, as independent nations, they joined global bodies, like the United Nations, and of course, the Fédération Internationale de Football Association (FIFA), which at the time was dominated by northern European and South American nations. This posed an existential threat– the FIFA Congress operated on the basis of one nation, one vote, irrespective of footballing ability. The Kenyas and Zambias, in the eyes of FIFA, had an equal say in world football, the same as two-time world champions Brazil, Uruguay and Italy.

Paul Darby, in Africa and the ‘World’ Cup: FIFA Politics, Eurocentrism and Resistance published in the International Journal of the History of Sport (Vol. 22, No. 5, September 2005, 883 – 905) observed that the Union of European Football Associations (UEFA)“made several attempts during the late 1950s and early 1960s to introduce a pluralist voting system that would more adequately reflect their self-perceived standing in world football”. When these efforts failed, they chose to assert their dominance in the FIFA World Cup. FIFA’s Executive Committee decreed that to qualify for the 1962 World Cup, Morocco, the winners of the African preliminary round would have to play a further qualifying match against Spain – a match they duly lost. In 1964, they made it worse by marginalising the Asians and Africans by pitting them against each other: the winners of the African zone would play the winners of the Asia/Oceania zone to qualify for future World Cup Finals.

Kwame Nkrumah, the-then Ghanaian president and pan-Africanist, persuaded CAF (Confédération Africaine de Football) to have its members boycott the 1966 World Cup. CAF’s Secretary General, Mourad Fahmy, argued that “the allocation of one World Cup slot to three continents (with more than 65 members)was absurd and did not adequately reflect the prevailing situation in world football.”

In 1974, João Havelange, a Brazilian, ran for the FIFA presidency on a pledge to improve the situation of Asian and African football – by increasing the World Cup final places from sixteen to twenty-four, and by increasing funding to improve infrastructure in African and Asian countries. He won handily, beating the incumbent, Sir Stanley Rous, who was widely resented by African nations for, among other things, supporting the inclusion of South Africa in the FIFA family despite their apartheid policy.

Under Havelange, Africa got two World Cup spots, which later became five under the expanded 32 team format that began in 1998. But it was under his protégé, Joseph ‘Sepp’ Blatter, that the African continent came to the fore. For all his faults, Blatter ensured that the dream of an African country hosting the World Cup became a reality. He backed South Africa over Germany in 2006. He backed it again in 2010. It later emerged that the win was not entirely legitimate; the 2015 indictments of FIFA officials by the United States’ Department of Justice showed that Jack Warner, a FIFA Vice President had accepted $10m from South Africa in 2008. Danny Jordaan, the chairman of the 2010 Local Organising Committee clarified it was not a bribe but a contribution towards the CONCACAF (Confederation of North, Central American and Caribbean Association Football- of which Warner was President at the time) “development fund.”

***

The story of African football is about incompetence.

Zaire’s team, the Leopards, were Africa’s representatives at the 1974 World Cup in West Germany. The reigning African champions had been funded lavishly by the kleptocratic dictator, Mobutu Sese Seko Kuku Ngbendu wa Zabanga; he had given each member of the team a house and a green Volkswagen. Things had looked promising when they lost 2-0 to a Scottish team with the talents of Kenny Dalglish, Billy Bremner and Dennis Law. But it was the next match against Yugoslavia that will live on in infamy.

Before the match, Mobutu, or one of his minions, had assumed that the team’s coach, Blagoje Vidinić, a Yugoslav, of planning to deliberately throw away the game so as to favour his home team, so he was “secluded” from the team for that match. It later transpired that the players had not been paid their allowances – a story that will become all-too familiar – and they were in fact planning to strike before the match. The team lost 9-0 in the second-worst World Cup performance of all time (el Salvador holds the dubious record, losing 10-1 to Hungary in the 1982 World Cup, held in Spain).

Mobutu, predictably, was not amused. He gave the team an ultimatum: don’t bother coming home if you lose by more than four goals to Brazil. That was the Brazil – the defending champions who had thrilled the world with their canary yellow shirts and an exuberant display of swashbuckling football. Zaire creditably lost 3-0, not without its mishaps and led to arguably the most bizarre moment in World Cup history – Mwepu Ilunga rushed out of the wall and hammered the ball away before Rivellino could take the free kick. BBC match commentator, John Motson, termed it, “a bizarre moment of African ignorance.” But that was not the truth; Ilunga later claimed he was wasting time because Mobutu’s threat was all too real. In fact, on the team’s return to Kinshasa, they were briefly detained at the presidential palace for four days while Mobutu decided what to do with them, before he eventually released them. Minus their allowances, of course.

The singularly African spectre of disorganisation always seems to strike at the World Cup. In 2014, the Ghanaian team refused to train and were actually contemplating going on strike before their match against Portugal unless they received their bonuses. It took the personal intervention of President John Mahama Dramani, who ensured that the players received their money – in cash. The players did not trust their officials to bank it for them, so the cash (all $3 million of it) was put on a chartered flight to Brazil and delivered to the players in a police convoy. Later, Ghana’s star midfielders, Kevin-Prince Boateng and Sulley Muntari, who had shone so brightly in 2010, were kicked out of the squad for “vulgar verbal insults.” Cameroon also threatened to go on strike at the same World Cup and duly delivered another bizarre World Cup moment – Alex Song’s bizarre elbow on Croatia’s Mario Mandžukić. Nigeria went on strike and boycotted training too, and despite their woes, they made it to the last 16.

Which begs the question: why always Africa?

Endemic corruption is a way of life in Africa, and this extends to football. The sums of money in football make it a particularly lucrative feeding trough: during the 2011-2014 financial cycle, FIFA gave each member association an extraordinary Financial Assistance Programme (FAP) payment of US $ 1,050,000. Such sums in the hands of local football officials find more convenient uses. A week before the start of the 2018 World Cup, Ghana’s FA President, Kwesi Nyantakyi, was implicated in a corruption expose by Ghanaian journalist Anas. He has since resigned. Aden Range Marwa, a Kenyan assistant referee who was due to officiate at the 2018 World Cup, was also netted in the sting for allegedly taking a bribe of $600.

Poor youth development also plays a key role in Africa’s underperformance at World Cup. This is a direct result of poor investment in coaching and infrastructure. African teams are usually powerhouses at under-17 and under-20 level – Nigeria and Ghana have won FIFA tournaments several times. Football at the Olympic games are considered an under-23 event. Nigeria won the gold in the 1996 Olympics in Atlanta, Cameroon followed suit in Sydney 2000. However, there doesn’t seem to be a clear transition for most of the youngsters into the main national team. Take the 2005 U-20 final between Nigeria and Argentina: only John Obi Mikel can be said to have had a successful career. The Argentine side, on the other hand, had Lionel Messi, Sergio Aguero, Pablo Zabaleta, Ezequiel Garay and Lucas Biglia, who are bona fide global superstars today. Here’s another interesting statistic, Nigeria won the U-17 World Cup, beating Spain in the final. None of the Nigerian players have been capped to date. That Spain side had David de Gea in goal. Only Ghana’s U-20 side of 2009 seems to buck the trend – some of the youngsters formed part of the successful 2010 squad.

Another reason could be the perception that sport should not be taken seriously in Africa; it is usually a means to pass time or a political tool. This is why you can have a whole Sports Principal Secretary claiming that Kenya was ready to host the African Nations Championship (CHAN) because “we had the best hotels and roads, the only thing we lacked were the stadiums.” This attitude is hard to eradicate and shows up at the most inopportune moments. Sven-Goran Eriksson, a former England manager, was appointed as Cote d’Ivoire manager for the 2010 World Cup. Eriksson was appalled by the general disorganisation surrounding the preparations. An hour before a warm-up game in Switzerland, the players had no kit. One of the players couldn’t play because the kitman forgot his boots at the hotel. His captain, Didier Drogba, fresh from winning the Double with Chelsea that season, was not surprised. “Sven, it’s Africa. It’s like this.”

Which brings us to another question: why do African teams always prefer foreign coaches? Most African teams that make it seem to have foreign coaches. Of the African teams participating in the 2018 World Cup – only Tunisia (Nabil Maâloul) and Senegal (Aliou Cisse – captain of the 2002 Senegal side) are local. The perception by our football administrators, is that African coaches do not seem to know what they are doing. Yet, there are instances which prove that, with the right support, local coaches can hold their own. Egypt’s Pharaohs were led to three consecutive African Cup of Nations (AFCON) titles in 2006, 2008 and 2010. Stephen Keshi, the legendary Nigerian defender, won the 2013 AFCON and reached the last 16 of the 2014 World Cup with the Super Eagles. Kenya qualified for the 2004 AFCON under a local coach, Jacob “Ghost” Mulee. Kenya achieved its highest ever FIFA ranking, 68th, under a local coach, Francis Kimanzi. This is another interesting fact for you – to date, no foreign coach has ever won a World Cup.

***

The story of African football is about triumph in the face of adversity.

Some of the most memorable moments in World Cup history have been by African teams. Can you forget Ghana in 2010, who carried Africa’s torch brightly in 2010 in Africa’s World Cup? But before Ghana, there was a Cameroon at Italia ’90 with the iconic Roger Milla celebratory jigs at the corner flag during Italia ’90. Those were the lasting moments of Italia ’90 – neither Paul Gascoigne’s tears nor Toto Schillaci’s prolific form for the home side came anywhere close. François Omam-Biyik’s header at the San Siro against the world champions, Argentina, led by the captain, leader, legend and once-in-a-lifetime genius of Diego Maradona, was the biggest upset in World Cup history. This was bigger than the United States beating England 1-0 in 1950. Much bigger than West Germany beating the Magical Magyars of Hungary in the miracle of Berne. This was an African team, from you know, Africa. Beating Maradona’s Argentina with nine men – two deserved red cards for playing typical “African” football). Roger Milla, all 38 years of him, was summoned by Paul Biya (he’s still President to date) and in true African dictator fashion, ordered to play at that World Cup. Their preparations were shambolic- Cameroon’s training camp was rocked with the usual complaints of allowances not being paid. Their goalkeeper, Joseph-Antoine Bell, was an egomaniacal divisive force.

And yet, they hung on, match by match and were merely a Gary Lineker penalty in extra time from doing the impossible – reaching the semi-final. The Indomitable Lions inspired a whole new generation of footballers, both in Africa and elsewhere – Bell was dropped for the relatively low-maintenance, Thomas N’kono, who had a superb tournament and inspired the legendary Gianluigi Buffon to become a goalkeeper. In fact, Buffon named his son, Thomas, after N’kono.

Do you remember Senegal following an eerily similar script in 2002? The Lions of Teranga, making their first appearance in the World Cup, humbled France – defending World and European champions in Seoul with Pape Bouba Diop scored the scrappiest of goals to cause yet another upset. A Henri Camara golden goal in extra time against Sweden took Senegal to the quarter-final against Turkey, where the Lions too, succumbed to a golden goal. Fate, it seems, had a touch of cruel irony.

***

The story of African football is about hope.

Despite all the challenges that football in Africa faces, never have I been more optimistic about its future. A lot of good things are happening: Nigeria’s 2018 World Cup kit, manufactured by Nike, was sold out within three days of its launch; which goes to show that there is money to be made in the African game if things are done properly. Mohammed Salah, Liverpool’s Egyptian King running down the wing, is one of those you-have-to-see-it-to-believe-it talents. He could potentially be the first African Ballon d’Or winner since George Weah, now President of Liberia.

Gianni Infantino has pledged to expand the World Cup further. The 2026 World Cup, to be held in the United States, Mexico and Canada, will have 48 teams, with Africa having 9 teams and Asia 6 – not a bad start to his presidency. He has also promised to end the culture of corruption at FIFA, but this is to be taken with a pinch of salt – after all, Blatter is still attending the 2018 World Cup as President Vladimir Putin’s guest.

For youth development and a solid technical foundation, we can look to Germany and Belgium for assistance. These two nations rebooted their whole approach to youth development, investing in coaching and better facilities. Germany’s squad which won the 2014 World Cup, demolishing home favourites Brazil 7-1 along the way, was the fruit of careful planning. England have caught the bug a bit too late, but they are catching up. All African countries should follow suit. Maybe we should do one of those benchmarking trips, with actual results.

Finally, we should get more organised and drop the “this is Africa” mentality. Oh, and stop the looting.

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Martin K. Maitha loves getting funky haircuts and tweets about football banter. When he is not too distracted by the latest Spongebob meme, he creates the time to practice law as an advocate of the High Court of Kenya and occasionally write pieces like this one.

Reflections

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.

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I'm Black, I'm Proud. Still
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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.

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Reflections

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.

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Gold and Gemstone Policy in KenyA: The Devil Is in the Detail
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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.

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Reflections

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.

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Sustainability Is Key in the Management of Natural Resources
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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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