When it happened the second time, I felt marked. I believed that the darkness would always lurk around me and people would sense the vulnerability.
Every time someone brought the topic up, I would cringe on the inside, guilt would trail my thoughts and gnaw at my soul. But that wasn’t the worst. I felt shame. I was ashamed of something that wasn’t my fault. I have been on the brink of losing my sanity more times than I can recall. I didn’t know anyone who had gone through what I had gone through, so in my mind they couldn’t relate. All I wanted was to go back, maybe make different choices, maybe the outcome would be different. I was stuck, frozen in time. But looking back now, my choices had little to do with what happened.
Prior to the first incident, a family acquaintance had given me an article cut out from a newspaper about date rape. I was turning 17 in a few days. I guess she figured I would need it; maybe it was a premonition. I skimmed through it, and would remember what it said a few days later.
I was living in Eldoret with my dad, having finished high school as I waited to join university. My dad had gone for a workshop for a week and requested I help him out with a few things at the office while he was away. I had met this man earlier in my dad’s office and he had introduced us. I would run into him many times after that, in the lift or at the supermarket, and we would chat briefly and part. In December he came in my dad’s office to consult on something, and since my dad was not around I offered to help. Halfway through our conversation, as I searched for some file or other, he asked what I was up to that evening. I had another engagement, so I declined his offer for a date but asked him if we could reschedule for Thursday and he agreed.
He picked me up in Eldoret town at half past five. He had already chosen a place that I had no objection to, despite it being far off. I had known him for close to five months. He was friendly and cheerful. We chatted about his new job and my expectations of university, about the books we were reading. We ate, had juice, and at around a quarter to seven we headed out for him to drop me home, well within my curfew time. I had just turned 17 three days before.
On our way back, he asked if he could stop by his place. There was nothing sneaky about his character, so I didn’t think anything was off. I entered his house, and sat there, clueless really, until he came back from the bedroom in boxers. I froze at the thought of what was about to happen. I remember thinking with utter and sudden dismay that the charade was over; he was no longer the charming guy I had known. He was aggressive and relentless at having his way, fumbling with my clothes. I said no, many times, but my pleas seemed to fuel his aggression. I remember thinking about how short it would probably last, and that I would soon be home and forget everything. But I also knew that things would never be the same again if this happened, and so I kept fighting him off, knowing that there was a very slim chance that he would stop.
He raped me, and I thought it was over. But my nightmare was just beginning. He lifted his body from mine, mumbled something and went to the bathroom. I sat there for seasons, coiled up, shaking. I didn’t know which emotion to feel first – disgust, shame, guilt, anger, anger, anger…I fixed up my dress and took what was left of who I was, and walked to the door. He came out of the bedroom, and drove me home. I should have run, or screamed, or lashed out at him. But I didn’t. I was afraid of what might happen if I did.
And he did not fit the description of a rapist. He was not a stranger; I had known him for a while. As I showered at home that evening, I wished I had claws. His odour seemed to be everywhere, and it made me gag. It was like I had carried him with me. I lay there in the dark; it felt like an eerie living phantasm. I wanted it to stop. The agony and desolation was beyond what I could bear. I had never felt that powerless.
My dad had been misdiagnosed with hypertension a while before, and he still had a stack of pills in the house that he now never used. I knew they had the effect of slowing your heart rate, and I figured if I took enough of them my heart would slow down until it came to a complete stop. I’m one of those people who generally have a phobia of tablets, pills, medications of all kinds. But this time I didn’t need a nudge. I took a handful of them, and as I lay on my bed, within minutes I was spaced out, quiet, waiting for the end.
I had never thought of the world as ideal; neither did I think of it as that cruel. Of course I had heard stories; that so-and-so was “allegedly” assaulted or raped. Even in our language we always give power and the benefit of doubt to the perpetrator, and we reserve our default judgment for the victim – her demeanor, her character, it’s always her choices that resulted in rape. For the longest time after this I was deluded into thinking that there were factors that predisposed me to assault. I knew nothing about the experience of sex; I was a virgin. The information I had was abstract, basically warnings about the effects of premarital sex. That was all, and with just that information, how was I to presume that I could be assaulted? The assumption was that abstinence was a choice.
But even my first kiss was an unwanted one – a wet, sloppy, detestable, dreadful act. I couldn’t report it to anyone because I was ashamed, and worse, who would believe me? Maybe it was my fault. He was a hardworking man, active in church, and I felt like I was not going to ruin reputation because of an assault. I actually thought he felt sorry and that is why he stopped before it went any further. I convinced myself that leaving it in the past was ideal. Now I think of how many young women might have met my fate with him because I didn’t take an action against him. The guilt still breaks me.
After I took the pills, I woke up the next day feeling hazy and run down. The memory of the previous evening was so unreal that even the sun was numbing and hurt my eyes. I send my dad a message telling him I was ill so I could not go to the office. But he told me he needed me to send a parcel to Nairobi. So I showered and dragged myself to town, trying not to pass out. Just as I was about to get into the lift, I saw him. For a moment I froze. I knew I could not tough it out with him in the lift and so I ran for the stairs, running hard until the fourth floor and only stopping to catch my breath when I was in the office, the door locked behind me.
Over the next few months, I worked hard at trying to forget what had happened, suppressing any memory I associated with the assault, until it almost felt like it never happened as I refused to believe it had happened. But the second incident unearthed everything. I felt denuded, and I didn’t realise how much of a toll it had been taking on my mind to hold it in for all that long.
I was at the University of Nairobi, studying what I loved, and everything was on course. It was the second year of my study, the second semester in late January, and classes had not fully started so we had lots of free time on our hands. Esther, my roommate, and I had gone to the graduation square for some fresh air, feeling guilty that we had spent the day indoors alternating between sleeping and watching movies. It began drizzling so we started to walk back. I ran into a friend just before the tunnel that passes under Uhuru Highway; we had not seen each for a while, since before we closed school for Christmas.
Esther was not well acquainted with him so she excused herself, leaving me behind. It was a little bit past seven, and not very dark – sunset comes later in January to March in Nairobi, so it was still twilight. As we took cover from the light drizzle, reminiscing at how we had spent Christmas, he mentioned a comedy series he had, which I was happy to check out. He even offered to upload it on my flash disk, and as we walked up to his room I grumbled about the how long the flight of stairs was. We got into his room and he locked the door behind him. That wasn’t unusual in student rooms – we all did it to avoid random people barging in. There was always that crazy student moving up and down the hallways. By now the rain had intensified. We rarely experience such a downpour in January; it is typically the driest, hottest month of the year. Maybe that should have been my cue that this wasn’t going to be a normal evening. I sat on his bed as he scrolled through his laptop.
Out of nowhere he tried to kiss me, and I quickly rebuffed him. But there was this look in his eyes; he definitely did not take well to rejection. Maybe I shouldn’t have been so curt. He shifted suddenly from being friendly to purely aggressive. He threatened to call his friends, which was really a threat of gang rape, adding I would be doing myself a favour if I agreed to just him.
My mind couldn’t fathom it. I could not think of a life after that. So I pleaded, too scared to scream as I didn’t know who might hear me or come in, or worse, whether I might agitate him even more. He tried taking off my tights as he undid his pants. And then, maybe he got tired, or he changed his mind with all my fighting and squirming. He stopped, sat there and stared at the wall. I was afraid to move or even breathe. After what seemed like an eternity, he turned to me and apologised. He opened the door and insisted on walking me back to my room. But I just ran, and ran, and ran.
For the next few days I felt like his shadow was always trailing me. I was scared to go to classes as I had to go through a route that was next to his hostel. Again, I told no one. The fear of being ashamed made it even harder. Silence was preferable to being called a slut.
This time I couldn’t push it away. It triggered everything, and hit hard like a mudslide. It bore a hole into my soul and my sense of security. I kept up appearances, got better at dry laughs and feigning interest as I barely held on, crying myself to sleep for almost three months.
As days went by, I was hardly making it through the day. I stopped going for lectures. I know how it feels to not be dead yet not feel alive. I knew it had reached a critical point when I walked into traffic and it was the screeching of cars that brought me back to reality. When I got back to my room, I googled places I might find help, and I did find one place somewhere in Upper Hill. I booked a session that Friday, but ended up having only one session out of the five that were prescribed. Each cost Sh2,000, and even that was a student discount from the usual Sh3,500, I couldn’t afford all those sessions unless I talked to my parents to chip in, something I couldn’t do because it would have risked them knowing what had happened.
I instead enrolled in a programme on sexual and reproductive health rights at the Young Christian Women’s Association (YWCA) next to the university. That was my saving grace. There I met Camilla who took us through the programme. She opened up about going through rape. I no longer felt isolated. I spent a lot of time crying it out.
At the end of the session, I talked to a group of young girls about consent and sexual violence. I had more than fifty notes with questions on them, and that’s how I got to know about three other girls who had been raped. The statement that stood out was: “I am embarrassed and ashamed.”
One of the girls had been raped during the last school holidays. It happened on a day when she had not finished up some work that her mum had left for her to do. So when her mom returned, she was furious and wanted to hit her. The girl ran out of the house, into the darkness. She hid, terrified, trying to figure out her next move.
Then someone grabbed her, pinning her down in the thicket, tearing off her clothes. He raped her, and when he was done, he walked away like nothing had happened. She lay there, bleeding and overwhelmed.
She limped home, nauseated by the experience. Her mom is a nurse so she figured she would know what to do. But her mother looked at her torn clothes, and her tear-stained face, and instead of comforting her, shamed and berated her. She told her to shower and to go to the health facility alone the next morning, and not to mention her mother’s name – she did not want to be known as the woman whose daughter had been raped.
When she went back to school, she was traumatised. She began experiencing nightmares. Thankfully her friends noticed and informed the teacher in charge of counselling. I hope she and the other two girls get the help they need.
Sexual violence is about power. Men’s sexual desires are not uncontrollable. My experiences, and those of so many others like me, are the result of socialisation that makes boys feel entitled to girls’ bodies. That encourages silence and compliance in girls.
The conversation around sexual abuse and mental illness needs to shift; the stigma makes it a shameful secret that has to be hidden. Young girls and boys need to be talked to about consent and sexual violence. It has to be a priority, not an afterthought.
During orientation week when I joined university, there was a day they had mentioned drug and alcohol abuse, but no one talked about sexual violence. Maybe they had planned to do so the next day, but then a strike got in the way.
Living on the Edge: From the Favelas of Rio to Life in Mathare
Both Mathare and Alemão are full of human endeavour and misfortune in equal measure, and in both places young men, specifically, are at high risk of coming to a violent end.
Lethal violence is fact in Mathare. On the day I first visit the community, tweets hashtagged #CopRashidCorruptDeals appear on my Twitter feed. I already knew of Rashid, having watched the BBC documentary about him and his team. I follow the hashtag and find this tweet from a local journalist: “Rashid has wiped all thugs around Eastleigh, Mathare and Huruma. To us residents he is a nice guy.” The journalist in question has twenty-three thousand followers.
I’ve only been in Mathare a matter of minutes when an invisible hand runs gently over the dome of my head. It’s a familiar, yet strange, feeling. I quickly realise that this is because it is neither my own hand, nor that of Inés, my wife. The hand actually belongs to a man standing behind me. Feeling vulnerable, I move away quickly, saying “COVID” in justification for my abruptness. “19”, he responds, completing my words. It’s a funny moment and I relax.
My new acquaintance is one of the many addicts who share a rubbish dump with a large number of highly energetic and boisterous children. The children have transformed a corner of the tip into a gymnasium. The gym includes a climbing frame/assault course (improvised from an abandoned wooden structure) and a springboard — a large black tyre — from which the tiny gymnasts gracefully launch themselves. The kids are well organised. They stand in a nice queue. There are fast ones, skilful ones and learners. After a quick sprint they hit the tyre with both feet. It projects them and they spin defiantly, airborne above the garbage for a split second, before landing on the piece of carpet that serves as a crash mat. Fans gathered to watch the spectacle make approving sounds for the best leaps and twists. The contrast between the shiny-eyed bounce of the children and the glazed stagger of the addicts is stark and saddening.
I’m in Mathare to visit members of the Mathare Empire collective. The enterprising young members of this group have recently occupied and redecorated an abandoned building at one end of the trash pile. Their porch provides front-row seats from which to watch the young athletes practice their somersaults. It is fittingly decorated with a painting of a child with huge boxing gloves and a stop-corona mask. This is one of several large and handsome murals depicting faces that gaze patiently over the dump.
Despite the distracting vivacity of the young gymnasts, the garbage heap is treacherous. It almost swallowed up a little girl recently. The piles and layers of trash hide pools of rainwater, transforming the junk into something akin to a deadly swamp. The girl, running to greet her father, sunk into one such concealed crevice and began to go under. Quick-witted bystanders saved the day, plucking her out before she disappeared.
The purpose of my visit is to present and discuss projects in Rio de Janeiro, where I lived until recently. In Rio I first worked for Amnesty International, documenting and campaigning against human rights violations in some of the city’s 1000+ world-famous and, sadly, ultra-violent favelas. I later became involved in grassroots cultural and youth initiatives aiming to empower and raise the self-esteem of Rio’s young people and communities. This work is documented in a book titled Culture is Our Weapon and included a project by JR — a TED prize-winning French artist — called Women are Heroes. Most recently, in 2019, I helped to organise the construction of a skatepark in Maré, a neighbourhood made up of sixteen favelas originally constructed on swampland.
We have lots to talk about. While sharing ideas and stories with the group, I discover they have recently taken part in a video call with Raull Santiago, a prominent human rights defender from the Alemão (German) complex, one of Rio’s most violence-hit communities. The issues faced by the residents of Mathare and Alemão are similar yet different. Both are very big, but Mathare is much more densely populated and much poorer. While both places suffer violence, Alemão is a war zone. Both are built in a valley and are full of human endeavour and misfortune in equal measure. In both places young men, specifically, are at high risk of coming to a violent end.
We go for a walkabout. My guides show me how and where they have staked out green spaces, planted trees and painted structures with bright murals, (part of their work for the Mathare Green Movement). These actions bring levity and freshness into the often airless and monochromatic environment. I’m struck by their colourful imaginings of other universes on the walls of public toilets. Just one of these strong-smelling units can cater for the needs of five thousand Mathare residents. I also learn that the toilets are centres of socialisation — children’s friendship networks in Mathare are built around who shares the facility nearest your house. Kids playing in front of several of the vibrantly decorated loos that we visit demonstrate this. The pictures on the walls imagine other possibilities — outer space or lush tropical forests — while others remind users of their current terrestrial responsibilities: don’t forget your mask!
I suffer from sensory overload walking around Mathare. As in Rio, there are myriad sights, sounds and smells to take in all at once. Because of COVID-19, school is out when I visit. Children are everywhere. The community is spread across a gentle valley, not the steep escarpments of many favelas in Rio. Corrugated iron shacks — so close together that visually they form a vast iron sheet of rusted red, grey and brown — cover the slopes. The poverty is grinding. Narrow paths zigzag between lean-tos and rank smelling drains. Most of the shacks are low and many look as if they might fall down should you push them.
In contrast, residents are mostly well dressed and clean. Commerce, licit and illicit, crowds the pathways and thoroughfares. Cheap, ripe fruit and vegetables abound. I taste sweet pineapple and see watermelon, avocados, tomatoes, garlic, peppers and onions. Vendors hawk pastries, eggs and sausages. Cooks stir delicious smelling dishes over wood fires. In Rio, obesity in low-income communities is a serious issue. Here I’m impressed — most people in Mathare look healthy and strong.
We pass a wealth of legal, illegal, social, spiritual and commercial activities — khat stalls, illicit hooch making stills, drug dealing areas, NGOs, schools, churches, mosques and markets. Public soap dispensers and water for handwashing remind us that COVID-19 is ever-present, even though social distancing is impossible. Besides the sale of food there is plentiful commerce—mobile phone businesses, hardware shops, beauty salons, charcoal vendors, boda boda riders and stalls selling new and second-hand clothes. Authentic second-hand garments are considered infinitely more stylish than bogus new ones, I am informed. Fake clothes in Mathare = a serious fashion crime! It’s the same in Rio, where favela residents take pride in their appearance. However, Brazil does not have such an abundance of second-hand imports. And so in Rio, the emphasis is more often on an item’s newness, not necessarily its authenticity.
Yet despite the trading, hustle and bustle and a resilient-looking population, the overwhelming sensation I have in Mathare is that of risky living. I can only try and imagine the heat inside the shanties in high summer or what happens during the rains, when sewers flood and the metal shanties become dangerous because of electric shocks from exposed wiring. But although Mathare is economically poorer and less developed than similar communities in Rio, I do not feel suffocated by the inescapable threat of violence. In Rio’s battle-scarred favelas, gun-toting teenagers patrol the alleyways. Bullet holes in the masonry all around inform you that the weapons are not just for show. Violence is real and present and you are constantly reminded of this.
When I ask my guides about the tweet concerning Rashid they tell a very different story from that of the journalist who described him as “hero”. For young men in Mathare, Rashid is the grim reaper in human form and something of a shape shifter, known for his ability to camouflage himself and merge with the surroundings. He carries pictures of targets on his phone. Businesses pay him to go after miscreants. However, innocents, friends, associates or just the unlucky often end up dead.
The guys I am with are mostly in their early twenties. Statistically, they are the group most at risk from police violence. The presence of killer cops does not make them safer or protect them from crime. Local thieves, they tell me, refer to after dark as “office hours” and can even rob someone they know because those are “the rules and young thieves will take everything you have—even your girlfriend. They take drugs that make them fearless and immune to pain.” These include pills called “cosmos”, sold by local dealers. Cosmos pills come in different colours according to strength and stain the user’s lips. The tablets are apparently prescription medicine for mental illness, stolen from the public health system.
Law-abiding young men in Mathare live between a rock and a very hard place. When they talk about problems, conversation revolves around work and danger. While dignified employment is scarce, even for the well-educated, the threat of violence is permanent. Rashid — seen as something of an executioner-in-chief — exercises the power of life and death through his actions and their multiplication in the public imagination.
The youth in the favelas of Rio favela suffer from precisely the same issue. Police killings (extrajudicial executions by any other name) in the city are among the highest — if not the highest — in the world. The slaughter takes place in the context of a so-called drug war whereby society overlooks illegal police action in return for perceived security. Young men in favelas are also at risk from gangs inside their communities who also kill without pity. Fierce and chaotic gun battles between police and lawbreakers very often leave behind victims of stray bullets. By the end of 2019, Rio’s police force had shot and killed 1,810 alleged suspects in supposed confrontations, the highest annual number on record and almost twice the 1,003 victims of police violence for the entire US that year. In 2020 lethal police violence and operations in favelas in Rio continue at full steam; they did not abate even under COVID-19 lockdown.
As in Nairobi, where some locals describe Rashid as a hero, the Brazilian media and public have long tolerated and encouraged extrajudicial executions as purported crime fighting. Typical practice is to execute a victim in a fake shoot-out. In just a few hours in February 2019, during a single operation in a favela, Rio police shot and killed 13 suspects. These included nine young men in a house, who, according to witnesses, were trying to give themselves up. However, sometimes they don’t even try to pretend — as was the case in a Rio suburb in 2005, when off-duty police in cars shot and killed 29 civilians in a single evening.
Widespread public consent for criminal state violence in Brazil is encapsulated in the popular saying “a good thug is a dead thug”, first adopted by police death squads operating in the 1960s at the beginning of the country’s 20-year military dictatorship. In 2018, future president Bolsonaro took the dictum to extremes by pledging to unleash waves of violence across the country when elected, saying, “if a policeman kills 10, 15 or 20 with 30 bullets each he must be decorated, not charged”. Other politicians followed suit, campaigning on explicit platforms of lethal violence. Despite the extremely high numbers of police killings, individual cases of which are rarely scrutinised, Bolsonaro committed to the introduction of new legal mechanisms to further protect killer police from investigation.
In Brazil, killer cops, drug traffickers and death squads have long terrorised low-income communities across the nation. In rural areas, local police and hired gunmen provide such a service. In cities and their peripheries, the absence of the state and lack of regulation in poor neighbourhoods and favelas offer a wealth of illicit opportunity. Whoever provides security in these areas can step in to control the local economy, provision of services and crucially, access to the electorate. Paramilitary groups, known in Rio de Janeiro as militia, have lately appropriated this model — a fusion of traditional politics, organised crime and territorial control. Usually linked to police, prison and fire services, today the militia operate in more than half of the city’s neighbourhoods.
Cameroonian political scientist Achille Mbembe has identified this process — the political management of vulnerable populations through their exposure to death — as “necropolitics”. Necropolitics clearly regulates life in Mathare as much as it governs Rio’s favelas. Police like Rashid are not there to fight crime. They defend a status quo.
When I am about to leave Mathare after my first visit, I have an indication of what the maintenance of this status quo entails. Two very burly policemen brandishing enormous sticks barge their way along the street and disappear behind some huts. People double their speed to get far away from them. Doors close and the street empties. Twilight falls. A palpable tension replaces the relaxed late Saturday afternoon coming and going. Onlookers inform me that the police are there to extort payment from vendors who sell glue and “jet fuel” — ultra-cheap ethanol for inhaling — to the crushed adults who converge on the garbage dump.
Thankfully, the next time I visit, there is a much more pleasant atmosphere in this corner of Mathare. The area outside the bungalow, as the Mathare Empire members call their HQ, is swept clean. Local and guest artists perform on a brightly coloured stage, made from pallets painted purple, red, yellow and green, to a hyped crowd who occupy the kids’ gymnasium at the edge of the dump. They talk, sing and rap about police violence and issues of the day, like COVID-19. But the event is not a political lecture and nor is it gloomy. The group had spontaneously decided that what was originally going to be a concert would instead be the first ever “Mathare Futurism Day” – a gathering of local painters, artists and musicians to celebrate community, address current issues and reimagine Mathare. “Moments like this”, Wyban Mwangi says, “remind people about the beauty of self-dignity and the constant need to struggle for a better, healthier and safer place to live”. In communities governed by necropolitics, such resistance provides vital hope, freedom and breathing space.
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.
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