Dear Baba, we’ve been needing to talk.
We haven’t really had a chance to talk since you died, three years ago, and I thought today would be a good day.
Of course you may be aware that mom … we had a conversation in January with mom – about me and about stuff in general.
In April 2001, Baba, I had just come back from Cuba for spring break. I’d gone of course to misbehave and I had a lot of fun. In fact, it was difficult getting out because I didn’t know in Cuba you couldn’t use an American credit card. I had to rush back on that Sunday to get back to teach on Monday – and on Monday, my head felt weird.
I thought, ah, too much rum. My body wasn’t moving properly, things were awkward.
Monday, Tuesday – taught class – Wednesday Thursday…On Friday it felt like there was water moving all over my head and I took myself to the hospital. They took an MRI and they told me I had had nine small strokes – this was April.
And they said they have to put a pipe through here [gestures to hip area] because that vein was 70% full and it would go inside and reach here [gestures to left side of his head] and then it would burst open and there’s a 5% chance that I would bleed and things would happen – of course, you know.
Remember most conversations were happening on the phone and I was away for 14 days. We really didn’t get to talk.
Later, months later, Auntie Muthoni came to visit and said to me, “Oh, you know your father called me in tears and said please save my son,”
Now, you know, Baba, we really never have these sorts of conversations:
“I love you.”
“I love you.”
I ended up in hospital again because of having panic attacks when I was trying to get home after coming out from the operation with the stroke.
It was terrible – those three days.
You sent me an email while I was in hospital thinking, and it was true, that I was too afraid to come home and said please come home and I came home.
I didn’t see you and I came to Nairobi and I was so freaked out, Baba, you know. I don’t know why. It was impossible at the time to interact with people. So, I went into hiding in Nairobi. I went into hiding because…at first I thought it was the shock from the operation – it turned out it was some kind of medication that I had had (and I didn’t know about). At this point, you did not know and I did not have time to see you.
So eventually, I decided to go to Ghana with my lover.
We were going to do a conference in Nigeria and I was going to just go and chill out and think about nothing. I decided on the last day to come see you in Nakuru. We booked a hotel and came to see you that night.
My partner had malaria and we were seated in the evening and I was trying to explain to you what was going on in the hospital, and as we were talking you stood up and tears came to your eyes. You rushed out of the house because you really couldn’t hear or didn’t want to hear what had been going on with your son.
You came back 20 minutes later, we said goodbye, and in the morning, I took a plane to Ghana.
We played and had fun for three weeks and I came back and on July 7, which was the anniversary of mom’s death. I woke up in Nairobi, in a rented apartment, with my lover.
Clem, your partner, called and she said, “Your father is not feeling well.”
At first we thought it was indigestion (we know he is stubborn). She had queued, standing parked at a testing place because he didn’t want to see a doctor. He wanted to go do medical tests.
So I said to her, “You know he’s very stubborn. So what I suggest you do is, if he hasn’t eaten well, take him straight to the hospital and put him on a drip. Don’t ask. Don’t argue. Just turn the car around … I don’t even want to talk to him. Let me reverse.”
When we sat in your living room three weeks before, you had said to me something. You said, “Kenneth, you know I’ve prepared a room for the two of you.”
And I remember very clearly my head saying, “What? This is unusual and clearly you’re opening a file.”
You know, Baba, you never asked me where is your girlfriend.
And I can’t say there was any consistency in the love you gave. You never said there was anything wrong when I was dressing up in girls’ clothes with Shiru and getting into strange kinds of trouble – it seemed to least bother you. Or me twirling like Michael Jackson.
There were clearly concerns on your face but it didn’t affect the love you gave me.
So when you said that, I thought to myself this is the time to bring it up with you.
Surely, this is the time for me to say, that I need to hear from you, to be freed to love, and that I am 40-something years old and I need that freedom. And I need to hear from you that it’s okay.
But I didn’t because I wanted to go to Ghana.
So, Clem takes you off, to Rift Valley General Hospital. They put you on the drip.
And then she called me at midnight and says, “Something is wrong” … something is wrong. And then matron calls and then we’re in the car in the middle of the night rushing to Nakuru.
My brother is trying to get a plane to ship him out, something has clearly happened.
And then I am in Nakuru, late night. And we are sitting.
That hospital has only a small heater to keep you warm and your eyes look like glue. They don’t look like eyes at all. But your hands, arms are warm and they’re strong. When I touch – grab – your hands, your hands seem strong.
That’s the anniversary of mom‘s death.
So I’ve asked myself: Did you decide? Was it you saying it’s time to be with mom again, 11 years later? Why that day?
Because even if the doctors declared you dead, five days later, it was that day that everything – a stroke, like mine, but bigger, destroyed your brain and you were effectively dead.
So there must be something to that, right?
But at the same time, I also feel…this cost of parents, that they themselves gave themselves to their own children…what damage was I doing to you… those 14 days in hospital, possibly dying…and how much was this thing that we both carry – this genetic thing called stroke – activated by the stress I put you through in the hospital?
We’ve been needing to talk about that.
Errr…we also need to talk about the fact that I have taken to wearing skirts and clearly this must bring you some measure of consternation.
Of course because I didn’t have a chance to really talk to you about it, I decided to bring it up to the whole bloody planet.
I went to Nigeria and those people in Nigeria, the people I’ve known – the writers, welcomed me. Not only did they just welcome me, they insisted I come. Not only did they insist I come – of course you know that many of them cleared the way for it to be possible for me to be there – in Nigeria; where you could die or be arrested, and killed for being the kind of guy who wears skirts like I do. And had a lovely time.
I went to Senegal for four months. They shut down an exhibition on homosexuality there – the Emami people went making all sorts of noises about it. Me I swam and enjoyed myself.
You know, in a way, me I want to become an adventurer.
Me I was the son who was shy in your house. I was not, eeh, the brave one. I wasn’t the brave one. Shiru was brave. James was brave. Chiki was brave. I really wasn’t the brave one. But I feel like now, my season is beginning.
In this continent called mine, and I am an African, I want no space to not welcome me.
There was a moment in April, after I came out, where I was supposed to go to Italy. And it seemed as if you could hear these swirling noises of people. And it wasn’t so much that there were any threats – there were no direct threats, Baba, because I felt that enough people who disagreed with what I am, agreed that you could not doubt my sense of honour and the work that I have done for many years to change this continent. And therefore, even the people of the church, up to the cardinal, were unable to confront me directly.
Because I believe, Baba, this continent is ready to agree to disagree and at the same time to tolerate.
I must tell you a story Baba.
So, I just come out, right?
Here I am being this public homosexual. And the news is going crazy; everywhere there’s this noise.
So I get this phone call from the Nation Media Group (who are the most important media group)
“Oh, is it Binyavanga?”
“You know, there’s this program we do about role models and the boarding school you went to, Mang’u High School – the oldest secondary school in the country and one of the most prestigious ones. They say they want you to come on Saturday to film this show we do, to be role models for school children.”
So I’m like, and Baba you can’t believe, “Are you crazy? Don’t you know that I’ve just come out as a public homosexual? This is Kenya! Are you mad?”
He’s like, “No, I’ve just spoken to the literature teacher. The school says they want you there on Sunday, they are shooting it live and they say that you are the most important alumni after President [Mwai] Kibaki. So you have to come.”
So I say, okay, I’m going to Mang’u.
We reach there and the head boy takes me around the school. We see the dorms and they’re telling me everything. Mr Kiwanuka, who used to teach chemistry, (which I flunked) is still there. I left that school in 1987 and that man is still there! He hasn’t even changed.
And the guy tells me, “Oh, Binyavanga, you know we’ve been seeing you on BBC, we’re very proud.”
So I’m trying to ask him, “What have you been seeing on BBC?”
He doesn’t say anything!
We sit in the hall, they are ready to shoot. The whole school is there. No one looks weird or anything.
And then we see a man in the uniform of a priest running – it looks like he’s running from 500m – from administration block. He’s running followed by another man in a suit.
They come there to the front where I’m sitting and the man (he’s the school chaplain) says “I’m very sorry, the cardinal called. We can’t do this. You know we are very close to the church. We can’t do this. I’m so sorry. I’m so sorry.” In front of the whole school.
And I said to myself, Africa has changed. Or maybe it’s never needed to. That those people who came from that time of colonisation to split us apart until our splitting apart comes from within our own hearts, that inside the space of that Mang’u high school, there was no such feeling. Until the brokers, until those fake moral hypocritical brokers of our freedom to be diverse, we, the oldest and the most diverse continent there has been, we, where humanity came from, we, the moral reservoir of human diversity, human age, human dignity …right?
Who are these appointed brokers, Baba?
Who are they?
Because wherever they sit you see Boko Harams tearing us apart. You see political things tearing us apart.
The simple acceptance of our right to be and to be diverse is the biggest and strongest thing to defend. Nothing will release our energy in this age of moving forward than that, Baba
Baba you taught me honour.
You are the one who said, “I’m the CEO of a company – you see those ones, they can’t come for your birthday party.”
I’m like: “Why can’t they come for a birthday party?”
“Because their father is a thief. That car you see them driving around in, they are thieves. And thieves will not be in my house.”
You brought us up in a nest of security; hidden away from a similar kind of elite – who we were jealous of because they had things. They went to England. They went on holiday to these glamorous places.
You could have and you did not.
You did not die rich. Your old 505 Peugeot was still there.
You created an industry. You built houses for workers. You retired and saw the pyrethrum board collapse, under mismanagement.
But you set a bar.
My bar is not like yours – I don’t do understated and tweed, but it’s the same sense of honour that you taught me, Baba.
So I’m here today to tell you that I would like us all to be adventurers for this continent. By adventuring for this continent, what for me I feel cannot be stood for is that there’s any place that one cannot go. And there’s nothing that one cannot imagine. And that we need to step out of the simple spaces of dogma that are fed by brokers – almost all of whom profiteer and gain political capital from rendering us apart and separate.
There’s nothing that is a priority about being a homosexual and an African. But there’s everything that every African has to defend; every kind of diversity that we carry as an African, even when you do not understand it.
For me what has come to be is to arrive at this place where I am living in plain light.
I am not living in a dark continent.
I will stand free – the way I need to be as a moral being on the continent and nobody will stop me from going where I will. If you decide to, I will go through you or you will stop me. We cannot think of our continent as a hostile place. Too many of us have learnt to fear it.
And I feel that if you trust it, engage with it and be involved with it in the conversations of building as adventurers, that this continent will start to sing to us again.
That’s all I have to say.
This is a transcription of a talk given by Binyavanga Wainaina at a TEDxEuston event in 2015. You can watch the video here.
I’m Black, I’m Proud. Still
You can’t feed into the darkness. You can’t demand anyone to know what you know, to understand what you understand. People come to truth when they come to it and not a second before.
Growing up down south in the aftermath of the 1960s Negro Revolution in America was truly the best. During that period, three out of every four Black children in America were born in a two-parent home. By the 80s, that number would drop to one in every four.
Education and opportunity were becoming more accessible to black and brown communities everywhere. It would be the force that would get us out of the hole history had placed us in.
We were moving forward and everybody could feel it, but as much as I liked going to school and learning new things, my favourite memories are of when, after school, I got to spend time with my brothers and cousins. There was just something magical that happened when we were together.
We would meet over at grandma’s house in that part of the city we called the village. The village was a straight, two-block walk from school, down King Street, past the Piggly Wiggly store parking lot and then to the stoplight where you take a right turn onto Rommey Street, and another right on to what looks like a parking lot on the side of the church, and just at the bridge, before you crossed the old train track or you would have missed it, the entrance to the court. Thirty or so homes behind the old Methodist Church on a road invisible from the street laid out in the form of a horseshoe.
I cannot talk about the village without talking about the city and the state. Charleston, South Carolina is a peninsula city located on the South Carolina coastline. It was one of the thirteen original colonies and the very first state to break away from the Union, and one of the founding states of the Confederacy.
The village was a housing initiative following the 1964 Civil Rights Act aimed at breaking the cycle of poverty by moving Black families out of the old housing slums and projects and into new affordable homes.
The difference between the projects in the South and the projects up north is the space and design. In most cases, southern projects were designed to be communal properties, different from the stacked high-rises up north or in the Midwest.
The projects down south were simple properties where people learned to share. They shared the backyard when the sun got too high and the front when people just wanted to be outside and catch a breeze. Everybody knew one another and called each other by name. Family arguments, celebrations and losses spilled into neighbouring apartments causing people to act like one big extended family. And even though everybody was poor, they would have been hard-pressed to admit it. Poverty was a state of mind. The community spirit emphasised generosity and everything was shared. If you were hungry and didn’t have food, you could always ask next door.
Having lived in the projects for decades, my grandparents were one of the very first people to be offered a house in the village. I can remember the move like it was yesterday, everyone was so excited.
The year was 1973, I was eight years old. For the first time Black families in Charleston would have the chance of a normal life.
My grandparents, long into retirement, coupled with our large, extended family of cousins, uncles, aunts and three brothers – two older and one younger – were a great source of pride and joy until I learned that the American egalitarian beliefs which I thought were as perfect a foundation as there could be, were but an illusion, a well thought out scheme. We weren’t freed, we were just moving boxes.
Although everyone got their own private home, some did build fences around theirs but others opted against this, allowing for yards to overlap, creating a more open and vibrant community.
My grandparents had a high chain-linked fence, but there was still this sense of togetherness. When something went wrong in the village, the elders would be the first out to deal with it.
My exploration of the real workings of America would begin from within this village in 1976, the year that America celebrated its 200th anniversary of independence from British rule.
That year, I began to see that the ideals that gave birth to the idea of “We the People,” did not include people like me.
I remember a young militant uncle, oozing Black pride, spilling the beans and pointing out to me that neither he nor I, nor any of the millions of other Blacks had reason to celebrate America’s success.
As my White and Black classmates and a nation prepared for the grand July 4th spectacle that would include a freedom train, a scheduled stop in our city, marching bands, hotdogs, cotton candy and fireworks, I began my own re-education, reading keenly to understand the origins and the construct of the first Americans.
In the 200 years since the Protestant Christians invaded America they’ve enslaved millions, massacred the Indians, and everything we’ve suffered – the chains, the church bombings, our leaders assassinated, brothers lynched – all of it has been part of an elaborate scheme to keep Blacks subjugated.
In June 1740, the British Parliament passed the Naturalization Act of 1740 – the “Plantation Act” – into law.
In this decree, any White European Protestant alien who had been living in any of the thirteen colonies for seven years without being absent from that colony for more than two months, was deemed to be a natural-born citizen of the United Kingdom.
The Plantation Act of 1740 was a direct response to the September 1739 Stono River Slave Rebellion in South Carolina. The Stono Rebellion was the largest slave insurrection in British North America that culminated in the deaths of 25 colonists and about 50 Africans. It was led by an Angolan known as Jemmy and a band of about twenty slaves, who broke into a store, armed themselves and demanded their freedom. They marshalled a group of 60 slaves in an attempt to reach St Augustine in Florida, where the Spanish guaranteed freedom and land to any fugitive slave. The rebellion was crushed at Edisto River, 80 kms away from where the rebellion had started.
The 1740 law criminalised the Black experience itself, restricting the right of free movement, the right to free assembly, and the right to be educated or to earn money. These punitive and discriminatory laws created by men who claimed to be good Christians, legislated the right of plantations owners to even kill rebellious slaves.
Most colonialists considered themselves British until the year 1776 when resentment began to fester among the settlers. Frustrated by taxation and a lack of representation in the British Parliament, these new Americans declared war on their own government demanding independence.
That same year, the British-born political activist, pamphleteer and immigrant to the colonies, Thomas Paine, published a pamphlet titled Common Sense in which he argued the case for a new “America”.
“Europe, and not England, is the parent country of America. This new world hath been the asylum for the persecuted lovers of civil and religious liberty from every part of Europe.”
The American War of Independence was fought from 1776 to 1783. Seven years later, the Naturalization Act of 1790, the first naturalization law of the new republic legislating who could be granted United States citizenship, was passed into law.
All Free White Persons of “good character” who had been residing in the United States for two years or longer could apply for US citizenship. In effect, the law’s use of the phrase, “free white person” excluded blacks and immigrants of other races from being eligible for citizenship, and most importantly, for protection under the laws of the court.
As a child I had drank the Kool-Aid and believed that it was peaceful cooperation between the pilgrims and the native Indians that had established the widely practiced Thanksgiving holiday tradition.
I recall summers spent playing cowboys and Indians with my brothers. We took turns at who got to play the Indian. I felt no shame striking the Indians down with my rifle. They were always the bad guys, raiding the poor settlers’ forts, attacking their caravans. But I was baffled by the contradictions. Why would the Indians save the pilgrims who were dying from the cold and hunger only to try to escape from them later? It just didn’t make much sense.
Then it came to me: the Native Americans were fighting to protect their land. We weren’t playing a game; what we were doing was re-enacting a massacre. Over five million Native Americans were killed before the West was conquered.
Regardless the age at which one arrives at truth and understanding, it is always disorienting and disheartening. I’ve found that whether one accepts it or not, the only thing we can be certain of in this world of uncertainty is change.
I spoke with many people after the first 2020 Presidential Debate between President Trump and the Democratic nominee former Vice President Joe Biden that took place in the midst of heightened racial tensions and the COVID-19 pandemic. I got many mixed views regarding the outcome of the debate; some were shocked by the childish display while others dug in, taking sides and displaying party loyalty like it was a football game. Of the many reactions I got, one zoom call from home with my older brother really got me thinking.
“Can you believe that man?”
My older brother is now 60.
I had noticed him wiping his eyes.
I asked, “What ‘s wrong?”
At first he didn’t (want to) speak, he just kept brushing the tears away, then he began,
“Little brother, we grew up together,” he said.
“We pretty much had the same childhood, but I’ll tell you, I have never had any white person call me a nigger or spit on me like these guys up here in Philadelphia tell me they have. I have had White teachers down south who were some of the nicest people you’d want to meet. But, looking at that debate last night and the President of the United States refusing to denounce white supremacy as racist, I just never, you know, thought White people hated us that much.”
I empathised with him because I knew the pain of sacrifice, service, abandonment, rejection and betrayal.
I joined the US Military at seventeen to prove my allegiance to the ideals that made America great in my mind, but war in a foreign land far away from the ones I loved taught me the truth about service and the value of my life.
My brother and I grew up five years apart in a changing post-civil rights America. We were kids of the Kool-Aid generation, the first of our kind. We had opportunities our parents could only have dreamt of. We were the hope of a brighter future, a brighter America. A post-civil rights America.
In the 1960s, the far right party was a party bent on preserving the privileges of natural-born Whites in America, Jim Crow’s America. However, during the 1960s a new consciousness emerged as young White Americans took to the streets to say that they had seen the attack dogs set on peaceful protesters and wanted a better America. In January 1961, a young President-elect of Irish descent and a wealthy practicing Catholic would become the embodiment of the American dream and challenge the good American Christians to look into their hearts and minds and begin anew to create a better nation where the rights of every American, White and non-White, were protected under the laws of the land.
With a rousing inauguration day speech, JFK inspired Americans to think better of themselves, to think higher of themselves: “Ask not what your country can do for you, but ask what you can do for your country.” He had spoken and the people spoke back. My parents gave me his middle name because they believed life for Blacks in America would be different.
But, in November of 1963, the 46-year-old president, John Fitzgerald Kennedy, was gunned down by a lone gunmen while out in Texas promoting his ideas of equality to the American people.
This is America
My brother was crying because it was hard for him to accept people could be so calculating and one so naive. He, like so many others, wanted badly to believe in a land blessed by God.
I was twelve years old when my big brother left home. He moved up north straight out of high school, where he built a career and retired as a professional chef. He found love, family and set up a home up north. But in the Trump years, the scales fell from his eyes.
“I never had a racist moment down south, not like the kind of racist moments these guys tell me they’ve encountered here in Philly. I mean I just never believed White people hated us that much.”
I knew the anguish, the shock. We Blacks down south don’t complain, we see but at the same time we’ve learnt not to see.
My grandma in the village used to say, “You can’t feed into the darkness. You can’t demand anyone to know what you know, to understand what you understand. People see what they want to see. People come to truth when they come to it and not a second before.”
But what you don’t do is stop living.
Gold and Gemstone Policy in Kenya: The Devil Is in the Detail
Small-scale artisanal gold and gemstone mining is decades-old but lack of knowledge and expertise, and limited support from the government have hampered the sector’s development.
The evergreen town of Kakamega is a picture of the hustle and bustle typical of any Kenyan town, with many hundreds of folks going about their daily business. But as you leave the town behind, the environment changes, a lush countryside of cultivated fields and densely planted trees giving no hint of the gold mining taking place in the nearby locality of Ikolomani.
Across the country, 432 miles to the southeast of Kakamega is the beautiful transit town of Voi, the largest town in Taita Taveta County which lies at the foothills of the Sagalla massif. But the much smaller town of Mwatate is the county capital, and the source of gemstones that Kenyans from other parts of the country know little about. Mwatate has rubies, red garnet, emeralds, moonstones, tsavorite, okenorite, and many more.
Small-scale artisanal gold and gemstone mining has been going on for decades in both Kakamega and Taita Taveta counties, undertaken mainly by local artisanal miners and by a few non-locals and foreign nationals.
The Mining Act 2016 recognises three levels of mining rights: artisanal mining permits, small-scale mining permits and large-scale mining licences. The small-scale permits and large-scale mining licences are issued at the national level through the Kenya Mineral Rights Board (MRB), while the artisanal mining permits are issued through the county artisanal mining committees. The Mineral Rights Board and the county Artisanal Mining Committees are administratively governed by the State Department of Mining under the Ministry of Petroleum and Mining. The Director of Mines and his representatives in the various counties are in charge of overseeing the implementation of the ministry’s policy frameworks. The Ministry of Petroleum and Mining has key mining regulations in place to govern this process.
But even though the Mineral Rights Board is in place, the process of setting up the county Artisanal Mining Committees (AMCs) has been long drawn out and there seems to be no hurry to implement the mining regulations that were commissioned in 2017. Kakamega County’s AMC was gazetted on 27 March 2020 and the team commissioned on 20 July 2020. However, the AMC has yet to begin its work as the key governmental mechanisms necessary to run the committee are still pending and so no mining permits have been issued to artisanal miners in Kakamega County since the gazettement.
Artisanal miners in Taita Taveta County are in a different situation altogether. The list of members of the county AMC constituted through their appointing authorities has been forwarded to the Ministry of Petroleum and Mining but the AMC has yet to be gazetted. When contacted on this issue, one of the reasons cited by the ministry officials was that factions within the mining fraternity have disputed the list of people proposed to be part of the AMC.
Applications for small-scale mining permits are submitted to the Mineral Rights Board through the Mining Cadastre Portal. The platform is meant to bring these services close to the miners but they complain of the slow response from the Ministry of Mining. They must travel to the ministry to submit the paperwork even after uploading it onto the portal. Access to a stable internet connection is also a challenge in the remote areas of Taita Taveta and Kakamega while some of the small-scale miners lack the capacity to use the online system. Most have to travel to the Ministry’s offices for assistance or else hire someone with the skills to undertake the work for them, rendering the application process both tedious and time-consuming.
The ministry has not undertaken any capacity building and shows a lack of commitment to make the system more efficient and user-friendly. The biggest hindrance, however, is the low budgetary allocation made to the Ministry of Mining, which leaves the staff with limited options in their efforts to serve small-scale miners.
The stated goal of the Mining Cadastre Portal is “to provide an electronic platform for all stakeholders in the mining sector in Kenya to engage directly with the Ministry of Mining.” Existing mineral rights holders (those with mining permits and licenses for mining) or those with pending applications can download, complete and upload the requisite documents. Prospective mineral rights holders can also submit their particulars and other supporting documents through the portal.
The portal is also a one-stop shop for information on mining activities in Kenya. It has a cadastre map of the key areas with mineral resources, as well as details of licence holders, and on-going applications; a click on any part of the map automatically displays the existing information about that specific geographical location.
For artisanal and small-scale miners (ASMs) in Kakamega and Taita Taveta, the portal has had a significant impact on access to public information on mining in Kenya. But the portal also has its limitations. Mining is a highly skilled sector that requires high levels of expert knowledge. Some of the requirements on the portal are beyond the scope of knowledge of most gold and gemstone miners in Kakamega and Taita Taveta. For instance, the portal requires a miner to take the coordinates of the area for which they are applying for a permit. This requires equipment that is typically used by geologists and land surveyors and that is expensive to hire or purchase. A sketch of the area or locality where the miner intends to undertake extraction is another requirement, a very sophisticated process that miners in general cannot undertake on their own.
Lack of knowledge and expertise coupled with lack of access to the internet, or even computers, therefore leaves the small-scale gold and gemstone miners unable to fully exploit the portal.
Aside from these limitations, however, the Kenya Mining Cadastre Portal has been a game changer when it comes to eliminating brokers from the mining sector and it has proven to be a more efficient system than the manual issuing of permits and licences
For instance, unlike the manual system that had no clear guidelines regarding payments, all fees due to the ministry are clearly indicated on the portal and paid directly to the ministry through a cashless system. Moreover, as the portal has centralised all the country’s mining information, cases of loss or manipulation of files or documents have reduced significantly.
The gold and gemstones that are mined in Kakamega and Taita Taveta are exported out of the country with or without any value addition under the provisions of the Mining Act of 2016 which require an export permit from the Cabinet Secretary the application for which is made on the Mining Cadastre Portal.
But while the law on the issuance of mineral export permits is sufficiently detailed, its implementation is the biggest challenge and I have no doubt at all that gold and gemstones are imported into and exported out of Kenya without any form of declaration. There are many routes along the porous Kenyan boarders through which the minerals can slip in or out of the country.
For instance, most of the gold that is mined in Kakamega is taken to Uganda by road undeclared. How can this be remedied, especially for gold and gemstone miners who want to run a clean business? Also, the process of implementing the gold refinery centre in Kakamega and the gemstone value addition centre in Voi remains pending. If the sector is streamlined, then the issue of traceability of gold and gemstones will be resolved and the mineral export licence will be of value to the artisanal and small-scale miners in the sector.
The article is done with support from Diakonia Kenya Country Office under the Madini Yetu Wajibu Wetu (Our Minerals, Our Responsibility) Project. Views expressed in the article are those of the author.
Sustainability Is Key in the Management of Natural Resources
For mineral wealth to have a positive impact there must be transparent policies, reasonable public regulation, commodity flows and sustainable and varied production systems.
Natural resource wealth has massive potential and can hugely impact the economy of a country. The natural resource sector and more particularly the petroleum and mining industry is distinguishable from other sectors of the economy in that ventures in this sector are high-risk and prone to failure if not competently undertaken. Moreover, resources in the sector are typically immovable and must be exploited on the site of their discovery.
Being exhaustible and non–renewable, these resources call for prudent exploitation and management that must also factor in intergenerational equity. And unlike other industries, the exploitation of natural resources is community-based, in the sense that the activity takes place inside communities, providing opportunities for conflict as the business pursuits of an investor threaten the general welfare of the community.
Despite the lucrative nature of the sector, it comes with a number of challenges. Learning from the many countries that have experienced the “resource curse”, it is imperative that from the outset, the following issues are taken into consideration if at all a country wishes to progress and develop through the proceeds of its natural resources.
First, a country endowed with mineral resources should always plan to diversify its economy using the proceeds from its mineral wealth. This is done to avoid the Dutch disease and to ensure that the economy can withstand shocks caused by fluctuating prices. Venezuela and Nigeria are two countries that experienced economic recession due to a fall in the price of oil.
Second, while mineral exploration and production automatically comes with a high pollution risk, there is need take contingency measures to mitigate any such damage. Deliberate steps need to be taken to avoid the Niger Delta situation where land has been so degraded that the cost of cleaning up is estimated at £900 million.
Third, the phrase “resource curse” arises from the many cases where the discovery of minerals has resulted in retrogression instead of progress for the communities within which the commodity has been found. More often than not, these host communities experience conflict when the expected benefits are not realised, sometimes because of unrealistic expectations but more often because of corruption. It is important for investors and communities to engage from the outset, ideally with the government facilitating the process. Increasingly, however, civil society and religious organisations are stepping in to fill the gap left by unresponsive governments.
It is clear that natural resource wealth can provide opportunities for countries to improve the living standards of their people and can positively impact the development of nations. Indeed, it is a commonly held belief that nations richly endowed with natural resources are more advantageously positioned to shape the economic, physical and social aspects of their development than those less endowed.
However, the paradox of plenty has been the subject of extensive research by scholars and practitioners precisely because many resource-rich countries are associated with increased poverty levels, civil war, reduced economic growth, greater inequality and social injustice. This is because of a lack of goodwill to develop other sectors of the economy that are not necessarily dependent on natural resources, among other factors.
There are however, countries that can be cited for having taken off successfully. Norway, one of the world’s richest economies, and Botswana, one of the largest producers of gemstones, have both clearly demonstrated how natural resources can be harnessed to foster development, build the economy and generally improve people’s livelihoods.
Conversely, countries like the Democratic Republic of Congo, with its has huge deposits of natural resources including cobalt which is highly sought after and is of great economic value, and Angola, with its vast reserves of natural gas, are examples of how resources can come to be regarded as a curse due to the civil wars, conflicts, under-development, low GDP, and the many other problems associated with these nations despite being resource-rich.
A number of academic studies also suggest that natural resource wealth slows down the economic growth of a country. This narrative is however challenged by countries like Singapore, the United Arab Emirates and Taiwan which, despite being modestly endowed, have invested the revenue from their limited natural resources in the areas of education and research, have strengthened their policy and legal frameworks and institutions, and established parameters for advancing wealth creation and multiplication, as well as savings for the future generations.
Many theories have been advanced in an attempt to explain the resource trap in mineral rich countries. However, none of the hypotheses advanced has identified the root cause of the paradox of resource abundance. This is because, by themselves, natural resources cannot be classified as either a curse or a blessing; they are opportunities that prudently exploited can jumpstart an economy and bring long-term fiscal benefits to a country.
Unfortunately, a majority of resource-rich countries are anti-democratic and have opaque policies and institutions. Predatory governance, greed and corruption often lead to the signing of secretive and exploitative production contracts that only benefit the investing multinationals and their countries of origin.
However, there are many tried and tested strategies and approaches that have resulted in strong economies with stable and functioning governments. For mineral wealth to have a positive impact and be a blessing there must be transparent policies, reasonable public regulation, commodity flows and sustainable and varied production systems.
A good example is the resource-rich state of Alaska in the United States where 9.6 billion barrels of oil were discovered in 1969. That year Alaska collected US$900 million from the oil lease sales but all the money was soon squandered. Worried that money from the oil resources would go to waste and benefit just a few, Alaskans voted to have the proceeds spent on state development.
Seven years later, and with infrastructure development largely achieved, a public vote established the Alaska Permanent Fund through a constitutional amendment. The fund was designed to receive at least 25 per cent of the oil revenue and in 1982 a dividend programme was added to the fund. The sovereign wealth component promotes and ensures intergenerational savings while the dividend fund ensures that all residents of Alaska enjoy the fruits of their natural resources by receiving annual dividends in the form of cash transfers. Since the first deposit of US$734,000 was made in 1977, the fund had over US$64 billion dollars in 2019 with each resident of Alaska receiving US$1,606 in dividends that year.
From the example above, it is very clear that a country can truly develop using its natural resource wealth. One of the ways in which it can do this is by securing tenure rights to natural resources through regulations that determine who can use the natural resources, for how long and under what conditions. Tenure rights clearly specify the expectations of each stakeholder with regards to their roles and, importantly, the role that the hosting communities are going to play during the entire period of the extraction of the resource.
Contract transparency is another way in which good governance can prevail in the extractive industry. Resource extraction contracts signed between the host governments and the multinational companies should be made public to provide general information to the public and ensure transparency, scrutiny and accountability.
There are countries, like Ghana, that support the idea of contract transparency as a fundamental principle in managing their extractive industry, but many nations have not fully embraced the idea of contract transparency for fear of sparking public outrage and also to conceal the information for personal gain. Through contract transparency, everything that is in the contract is laid bare and the specific expectation from every stakeholder is made public. This promotes good governance and transparency and also ensures that the benefits trickle down to the community level, promoting sustainable development.
Creation of a strong regulatory and institutional framework is also another way of ensuring good governance in the management of natural resources. The legal or regulatory framework can either enhance or inhibit development in the extractive industry and there is no template for what needs to be done in order to ensure a strong legal and regulatory framework. Each country has a unique opportunity to come up with its own tailor-made legal and regulatory framework that works for it and this involves developing laws and regulations that address specific issues in the industry while at the same time safeguarding the interests of the communities and incorporating international best practices.
Having competent and functional institutions to implement the laws and regulations is another important step towards ensuring good governance in the management of the extractive industry. For the enacted laws to be effective, they must be implemented by institutions that are proactive and competent. Narrowing the implementation gap by ensuring that what is happening on the ground is in tandem with the provisions of the law is one of the critical roles of functional institutions.
A strong civil society can help in ensuring good governance in the management of natural resources. Civil society organisations provide information and have the moral legitimacy to set the resource governance agenda. They can help to democratise power in resource management, and can work to keep other resource governance actors like governments and companies accountable. The civil society plays many roles, among which is the monitoring role, where it ensures that all the state and non-state actors play their role effectively in the management of resources and, more importantly in monitoring and ensuring that benefits are realised at the community level. They also help in highlighting corrupt practices in the industry and non-adherence to the internationally recognised practices guiding the extractive sector. Civil society organisations also have a role in representing the views of ordinary citizens on issues of national importance, in this case the extractive industry.
Lastly, civil society also plays a role in setting the agenda to ensure that the interests of the public in general, and development, are given priority. According to the Institute of Global Environmental Strategies Report of 2007, governments are increasingly involving local communities and non-governmental organisations in the management of natural resources. The ways in which the different stakeholders are involved varies. In involving different stakeholders, the governments broaden the scope of engagement and possibly minimise the chances of achieving a negative impact, reduce conflict and increase efficiency in resource management.
And finally, natural resources cannot be discussed without mentioning the environment. In an effort to benefit from the natural resource wealth while dealing with environmental issues, the following principles should be considered: All decisions made must be anchored in best governmental practice in order to ensure best practice in perpetuity. Resources must also benefit communities away from the resource as the impact of pollution may be felt away from the immediate location of the activity. Where there is no scientific evidence of possible impact, an investor should provide contingency measures and where such evidence of possible impact on the environment exists—usually through an Environmental Impact Assessment—an investor must formulate measures to avoid harming the environment and a polluter must sufficiently compensate for harm caused. We must give future generations the same opportunity to have access to a healthy environment that we as a generation have been given.
The article is done with support from Diakonia Kenya Country Office under the Madini Yetu Wajibu Wetu (Our Minerals, Our Responsibility) Project. Views expressed in the article are those of the author.
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