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A Tale of Two Lockdowns, 33 Years Apart

15 min read.

The lockdown in Entebbe brings back memories of another lockdown in a boarding school in Teso, where, in the midst of a raging war and looming starvation, a young boy lost his childhood and learned the true meaning of loneliness and abandonment.

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A Tale of Two Lockdowns, 33 Years Apart
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I did not return to the scene until 15 years had passed, by which time I was already more than twice as old as I had been when the events of 1987 abruptly ended my childhood.

In early February 2002, I was in the press pack that accompanied the inaugural East African Legislative Assembly on the inspection of the Soroti Flying School, once the property of the East African Community. I found time and nipped off to St Andrews Madera Boys School, where I had studied from 1985 to 1987.

Even then, in my mid-20s, the paradox was unavoidable: Had I truly left St Andrews the day that the Red Cross evacuated scores of us school children trapped behind the front lines in Soroti?

Can a psychology shaped by the tragic knowledge of impermanence and strife learn to trust and easily move on? How could I say I had put the months of 1987 behind me when the first thing I did upon return to the school was to make way straight for the Stretcher House dormitory?

Standing there with my face pressed against the window, looking inside, it was the events of early August 1987 that came to mind, to that early morning when a teacher sent me and two friends to buy soap in the town with the absurd, early colonial name, Camp Swahili. And there, as we ask about, comes the single gunshot, the high whine of a military truck racing back to town, and then the preternatural sight of the men, the fighters of the rebel prophetess, Alice Lakwena, shirtless, in their black shorts, their torsos glistening in the sun from shea butter, which we later learned had been smeared to bounce off bullets.

The key event shaping a personal future starts at that moment. Explanations are not needed. You have learned a lesson; when the time has come, you must run, do not hesitate. We are going very fast. We cut through the Madera Seminary, which in ordinary times had been forbidden. We are reaching the school compound when the bombardment begins, and all over the town, when the shock of the explosion draws our attention, we see a pillar of black smoke, as if to announce the beginning of hell, habemus bellum.

We make it to the Stretcher House dormitory and dive under the beds. And there, for the next two hours, we track the movement of the front line by how close the sounds of battle are. We hear it recede from the town, come past the flying school, which is a mile from our complex of missionary schools. (Madera was set up in 1914 by the Mill Hill fathers and came to include a school for the blind, a girls’ school, a boys’ school, a technical college and a seminary.)

Shortly, the front envelopes us. Its progress is majestic, slow, following the sloping ground from Soroti town, going down a slight incline to dip into a swamp. This swamp halts the battle, as the army decides against pursuing the attackers beyond the Arapai ridge.

There is, intermixed with the terror, a character to war you read about but is the privilege of an accursed few who get to know it intimately. It is the macabre nature of war that men find irresistible, the grisly truth that a war in motion can also be attractive.

Yes, the sounds of war can be a terrifying, seductive symphony. The sharp mosquito-like buzzing sound of a bullet flying mere feet from your ears, the tearing, rocketing then shuttering register of mortar shells, the ear-splitting rending, as if a giant were holding a sheet of metal as one holds a piece of paper then rips it to pieces as missiles tear overhead. The inscrutable lopping repetitiveness of a machine gun that sounds like someone drumming on a home-made drum fashioned from an old aluminium saucepan. But everyone looks forward to the artillery, the big boy stuff, with dread fascination; the imperious rapid impatience of Katyusha rockets which come as if the earth were being cut up by a high-velocity grinder tool, and, target found, the centre of the world collapses.

In a lockdown, life loses meaning

But as I drew away from the window, my memory drained, I remembered that I had to leave to rejoin the delegation of East African MPs at the Flying School. Then a shot of the feeling I once lived with daily attacked me

How can one explain such a feeling? There’s the febrile malarial listlessness to it, a dry-throated longing, like having a nightmare whilst fully awake. That day in early 2002, I felt as I had for much of 1987 – that there was no point to life, that going on with it would only lead to a future of dystopian mediocrity.

But if the 2002 reunion did not answer the question, then March 2020, when news came of the world locked down in fear, left little doubt. There, across the valley from my apartment in Entebbe, the planes stopped landing and taking off. The grass around the runway was starting to grow wild. Amidst the dead silence all around, I could sense the collective fear of humanity that was awaiting the calamity.

It reminded me of 1987. I heard once more the silence of the skies when the flying school Piper and Cessna planes stopped flying. I saw the spot of greenery on the runway. The school lawns, once meticulous, had become wilderness. And in the night, there were blood-curdling cries that registered in the morning as another funeral in the villages beyond the Catholic missionary complex of Madera.

This was the second time in my life that I was going into a lockdown. The first one lasted nearly a year and it was devastating. It was only in March 2020, 33 years later, that I began to learn that a certain part of me never made it past August 1987.

My mind went back to that day when I saw the fighters of the Holy Spirit Movement of Alice Lakwena. It was the first time I saw them; I never saw them again; I have never managed to unsee them since.

By August of 1987, northern Uganda had already been in a lockdown for many months. The savage war in Luwero, southern Uganda, had migrated to the north. And there, with changed fortunes, yesterday’s rebels becoming government and yesterday’s government forces the new rebels, the texture of the violence acquired a new complexion. And yet 1987 was early days in what would be a savage two-decade-long war that has not yet ended. But how could an 11-year-old boy whose chief interest in life was to see mummy know that?

The manner of the war meant we were liable to get trapped easily. Hitherto, northern Uganda had had a string of nationally enviable schools. The shutdown of the schools began in Gulu, and made its way east, as did the fighting. The result was that we who came from Lango and Acholi were at the initial stages, in the safety of Teso, by which calculation our parents thought it best we stay there. But no one had anticipated the rapidity with which the war would move. Within weeks, in late July 1987, the Holy Spirit Movement of Alice Lakwena had crossed over to Teso. That morning, we saw the rebels running down from the Arapai Railway station to Soroti town, where they aimed to take over the airfield of the flying school.

The lagging progression of the war had allowed parents from the east and south to pick their children via the road to Mbale in the east. We would have needed the road to the west, which was shut off. Hence, the first term break had come and we had stayed in school. The second term had started and it was thought best we simply continue with our studies.

But there was to be no second term. Barely had it begun than the parents returned, this time with the vigilance of birds not taking a chance with their nest again. Then the road to the east was cut. We were doomed.

We, the seven students who had spent the last six months at the school, felt the loneliness instantly. In a lockdown, the early days are the most lonely. You feel the prickliness of abandonment. After the warm companionship of crowds is gone, you become aware of your status. There is a grim numbness from which you emerge drained of everything, even fear.

Your concern is for it to end, for you to get your old life back. But that life is gone. Sterner times await you. You learn new ways, new languages, believe in new gods and causes. It is likely that you or the people you love or know will die. You will learn fear.

When the school was empty, we, the stranded, knew we were preparing for something darker. The first month was the worst; we had hope. We spent hours watching the drive into the school, hoping to catch the familiar frame of a parent, the sound of the diesel 504 Peugeot from Aboke that would collect us.

One teacher, Miss Ekit, kept watch over us, like an aunt, but she had nothing to feed her relatives taking refuge in her house, let alone us.

For the next four months, the 400 by 300 metres of Madera Boys marked the confines of our world. We dared not, and were warned against, going into Soroti town. There was a railway station over the ridge of Arapai. There was no train. There was a flying school close by. Only the most connected parents airlifted their children away.

To stay locked down, to know that darkness is enveloping the world around you, is a terrifying reality whose greatest damage is not what happens or what does not happen to you in the months you spend alone. You go into isolation expecting the big moments, the war, the calamity, to come confronting you personally. More often than not, the extremes do not happen. But that is also a revelation; because the big things have not come to you, you grow to learn that you are but one insignificant soul. When the extremes do come to you, as they do to a few unfortunate ones, then that too is another revelation; you were but a mere speck of dirt in the great maw of history. You are personally ground into the dirt but war, or peace, plough on regardless.

A Do Me Good hangs us out like tethered goats

As the shutting down of the north began, hidden impulses and prejudices started to surface. The deputy head teacher of Madera Boys, a prickly little man we called A Do Me Good (which was what he called the cane he never walked without) separated all the Luo speakers from the rest. Our beddings and suitcases were taken out of the dormitory. We stayed under the trees during the day and slept in the classrooms at night. We were the dangerous breed. The Nilotics had been overthrown by their arch enemies. Now a punitive raid by the southerners in power against the Nilotes was feared. And in Teso, it was thought, associating with Luo speakers would draw the ire of the new rulers.

In the initial stages of the war, this fear was an extreme event. An attack did come, but it was from further north, and they came, not for us, but for the cattle of the Teso. The Karamojong cattle raids intensified, and we watched as Teso, once a rich, well-fed and proud region, lost its collective wealth.

Before we had even left, skin diseases of indescribable virulence had spread throughout the land. That had been during that ill-fated second term when we had remained uncollected in the school. And although the Ministry of Education had been informed of A Do Me Good’s doing, and we had been reinstated in the dormitories, what was coming for the north was bigger than the calculations of an obscure deputy headmaster in an obscure school.

Everyone one else left and so there were hundreds of beds left for us. As my childhood friend John liked to joke, there was now a bed for each of his fingers, toes, ears and teeth.

But something else stuck. To be foreign in a time of strife is to attract fear and suspicion. In our case, we had spoken the same language as the last regime’s, and the fear of association – for the Teso were as Nilotic as we were – stayed throughout the time we lived alone in the school.

The second month arrived. The delivery of maize meal and beans from the Ministry of Education ceased. The school store was broken into and the last morsels of food were taken. First we ran to the teachers. We returned with sticks of cassava. Some called us “Elangoit” (Teso for Lango) to our faces and chased us away. For me personally, it was a frightening time. (My name, Kaiza, is from my great grandfather three generations past who was Bunyoro, a culture and language my own grandfather barely remembered, but it meant I would be regarded as enemy by all sides). It did not take long for us to realise that it had been the same ministry delivery that had kept them fed.

There unwalked paths to the roads disappeared and the lawns had a return-to-the wild look. Unswept, the leaves played in the wind. There was a high season of large, egg-yolk orange sunsets. The dusks descended as harbingers of doom. We feared the nights for the dreams that awaited darkness. We feared the nights because children fear darkness. There was a cemetery close by and in the evenings, we thought we caught willow-the-wisps skirting the perimeters. (As I write this from Entebbe, power is gone, dogs are barking wildly and two days ago, a neighbour who returned from Europe with all his family, workers and dogs, was taken into quarantine.)

In the desultory daytime air, we kept to the shade. Towards the end (which you never see coming), we switched from fearing the nights to fearing the daylight. We started to long for the night. We knew the school very well and could stow away in safer corners at night, even inside the heavy branches of the mango trees, till morning.

In a last twist of the knife, one day, Okello, my second cousin, came running to Teacher Ekit’s house where we had taken water, and informed us that a military truck had come and taken two of the boys, the Ejuras, away. They were flown home in a helicopter. We came from the same town. Their father knew people. They left us behind. Now there were just five of us left – me, John, Okello, the portly Akona, and Ocen, a quiet little boy I never heard from since.

The going of the Ejura boys marked a turn for the worse. Corrosive silence took over. We played football less. Looking back, this was preparation for the next phase, and when it came, our own childhood deserted us. We aged prematurely.

Learning to live without food 

Starvation is an event of immense clarifying power. It seems there are two types of human beings: those who have never faced starvation and so do not know many things; and those who have faced starvation and can see through the veneer of most things.

Whilst we had had the supply of maize and beans, we led sad lives, longing for home and fearing for our safety.

But when one day, Okwana, the school cook, did not show up, something switched. Three days went by with barely anything to eat. There was the shame we individually shared, when one by one, we disappeared – to forage in dumps, to gouge the backs of kitchens.

The suggestion might have come from John. He was the strongest-willed of our lot. His father was the doctor of Aboke, an imperious old man. John had the family haughtiness in him. It had come as a chance discovery one morning when while collecting fruits from the borassus palm trees fringing the school, I stumbled upon a root. John came to pull me up. But I had heard a snap in the soil. I went down and dug hands in. I came out with a large tube of cassava. Disbelief. Joy. The surreal moment.

But we had become wise to something by then. John bade me be quiet. We poked around and discovered that this garden, belonging to one of the teachers that had fled the war, had been badly harvested. We took what tubers we thought we could conceal. We ate some raw, but decided that it was best we steal over to the Madera Technical College, over the fence, to cook it, to avoid attracting attention.

Along with some sweet potatoes we dug out of poorly harvested fields, we settled upon cooking in the soil. We dug up the ground, and lighting switches, waited for the bigger sticks to catch fire. We collected rocks and placed these in the fire, and placing the cassava and potatoes in with the rocks, we covered the lot and left. We returned and dug out baked cassava and potatoes.

We fed off the gardens around the school for about a month when the tubers stopped coming out. We collected tins, including paint tins, to cook with. But by then we had discovered the “carelessness” of the Teso farmer. That was our actual word. We set out to “correct them”. Hence the word “correction” was what we called our forage.

The word would have been from Okello, my second cousin. Okello was the genius. His marks for all four primary school subjects lingered in the 80s range.

The story from there took on its own character. It was what we became. The fear we had had of ranging out the school perimeter vanished. Hunger gave us courage we were unprepared for. We made our way past the school for the blind, correcting, gathering. We found groundnuts. We found patches of vegetables we recognised. We gathered tamarind fruits. We walked boldly past military roadblocks.

The groundnuts were a boon. We gathered skills we did not know we had. To turn the nuts into butter, we roasted the seeds in hot soil, taking the moisture out. We pounded the lot and ground them. With the vegetables we had sun-dried, the groundnut butter made for a delectable sauce, a far cry from the cassava.

We went past the flying school, going south of the prisons farm.

This manner of feeding became routine. And we used the correction walks to beg for salt from families we knew in Soroti town. The shutting down of the region was having a terrible effect as essentials and incomes ran out. By comparison, we in the school had space, the “correction” to live by.

But the town had its complexities, of course. There were the Asian families in Soroti town who never seemed to run out of things, whose shops remained well-stocked. There were the high civil servants in the senior quarters. There were the bars and restaurants that lined Jumbhai Road that our steps slowed down going past. The piles of chapati, samosas and roast chicken were set there as if to remind us of our status.

And so the discovery of a further truth in the life of decline.

In town, we got looks. We were shouted away from certain places.

It was John who understood this instantly. The state of us had deteriorated. We had no soap. We were malnourished, unwashed, and walking in town. We were a threat. Who knows, a piece of soap, a soda, precious things, might be snatched.

It was a long walk back to Madera. The looks we got began to register. Our hands were covered in scurvy. We had seen town children our own age playing with samosas and chapati and ice cream.

It was not the war that was damaging; it was what the war turned you into that did the harm.

Ice cream had become too good for us.

Till today, I do not understand by what miracle none of us came down with malaria or typhoid. In the state we were in, it would have taken but a little nudge for the ultimate to come.

By late 1987, banditry had taken hold. Internecine conflict had broken out between the Teso that supported the new Museveni regime and those that did not. Class differences turned Teso against Teso. We watched as even some of our own teachers put on military uniforms and joined either the rebels or the new regime and an intra-ethnic war raged. Each morning brought news of someone who had disappeared the night before.

There was a teacher, Mr Odongo, who had kept a distant, avuncular eye on us. He never approached us but hung about where we understood he was overseeing us. One evening, there was a gunshot, so close that the shock of its explosion silenced our little group. Later in the night, we heard a knock on the classroom door. Mr. Odongo may have studied our peregrinations and knew we no longer slept in the dorms. When we opened the door, there he stood, cradling his arm. He had been shot.

We did not know that the bullet had to be taken out. We did not know why he was running a temperature. But John, from watching his father, understood a few things. It was he who ran out for help. Mr. Odongo was taken by adults to hospital and we never heard of him again.

Another teacher, whose brother had joined the government militia, was not so lucky. The bullet got him square in the chest.

A bridge, a land mine

We became inured to life, which is a dangerous stage. One day, a skirmish broke out in Arapai but we just sat by the window, watching, wondering if they were killing many, in between talking about what they were eating back home.

Another afternoon, over at the girls’ school, where my sister was, but which was better provisioned because the nuns ran a tight ship, we heard screaming. In no time, we heard the gunshots and saw scores of men running with the mattresses they had stolen from the girls.

Shortly, we watched as, first, a helicopter sounded off overhead. Then, there was the piercing roar of what may have been a Mig15 fighter jet. John and I were sitting under the tall jacaranda trees by the football field. The Mig heeled up, then, in a terrifying moment, it pitched down, splitting the air, screaming and then it dipped below the tree line. Then it was coming up.

The explosion tore the air apart. We did not run. We had been told to stay put if soldiers or planes appeared. The fighter jet tumbled overhead, we saw it turn upside down, the head of the pilot showing.

In the commotion of jet roar, we had not noticed them. But a single shout drew our attention swiftly. The army had amassed by the football field. And in a straight line, shoulder to shoulder rather than single file, they started to march, sweeping into the bush.

We heard our names. It was Miss Ekit. We got up and ran to the dormitory. She pulled us in and shut the door. We all went under the beds.

There was something about that second battle, coming sometime in November, that was different. It did not sound as dramatic. In fact, it was dull. And it cleared off into the distance. But after that, masses of people disgorged from the countryside and Soroti town became a refugee camp. A Do Me Good disappeared.

We discovered that there had been far more people in the vicinity of Madera than we had known. All had been in hiding, but were now outed by a turn in the war that we did not understand.

People were listless. A faraway look diverted their attention from the immediate. A look like hunger, but deeper, more spiritual. Mute, dull, zombies. We had stopped noticing ourselves, but there we were. Our clothes were too big for us. We had taken to stripping bark off trees to tie our shorts in place. Our shirts were in tatters.

The next week, Miss Ekit told us to pack. She had heard me narrate my stories of travel, for before 1985, my father took me around the country on his business trips. I understood a bit about Kampala, as I knew Mbale very well. Ekit asked me about a friend of our family who was a high-level civil servant in Mbale. She had me repeat his name and the street on which he lived. I did not understand why.

The next day, a long truck drew up outside the technical school. Again, the amazement came. There were scores of schoolchildren hidden in many places whom we did not know about. We were packed into the truck. It drove out of Soroti. We did not speak. If we crossed Bukedea, the border between Teso and Bugisu, we would be safe.

But there was one last throw of fate before we left. We had not yet crossed Aoja Bridge when an explosion whipped our heads to the back. A van had driven over a land mine and lay on the roadside, burning.

The truck had missed it. We the Aboke group were left in Mbale. I took the group to the home of my father’s friend. My father came shortly afterwards and took us all back to the north, via Kampala. But not to our town. In my absence, my family had fled to a place near the Nile, where we still live.

In the coming months, Teso turned into hell, culminating in the notorious Mukura massacre, some of whose perpetrators were the first to die in the Rwanda war five years later.

I did not see John, Akona or Okello again till the late 1990s, and have not seen them since.

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A.K. Kaiza is a Ugandan writer and journalist.

Reflections

Gold and Gemstone Policy in Kenya: The Devil Is in the Detail

Small-scale artisanal gold and gemstone mining is decades-old but lack of knowledge and expertise, and limited support from the government have hampered the sector’s development.

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Gold and Gemstone Policy in KenyA: The Devil Is in the Detail
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The evergreen town of Kakamega is a picture of the hustle and bustle typical of any Kenyan town, with many hundreds of folks going about their daily business. But as you leave the town behind, the environment changes, a lush countryside of cultivated fields and densely planted trees giving no hint of the gold mining taking place in the nearby locality of Ikolomani.

Across the country, 432 miles to the southeast of Kakamega is the beautiful transit town of Voi, the largest town in Taita Taveta County which lies at the foothills of the Sagalla massif. But the much smaller town of Mwatate is the county capital, and the source of gemstones that Kenyans from other parts of the country know little about. Mwatate has rubies, red garnet, emeralds, moonstones, tsavorite, okenorite, and many more.

Small-scale artisanal gold and gemstone mining has been going on for decades in both Kakamega and Taita Taveta counties, undertaken mainly by local artisanal miners and by a few non-locals and foreign nationals.

The Mining Act 2016 recognises three levels of mining rights: artisanal mining permits, small-scale mining permits and large-scale mining licences. The small-scale permits and large-scale mining licences are issued at the national level through the Kenya Mineral Rights Board (MRB), while the artisanal mining permits are issued through the county artisanal mining committees. The Mineral Rights Board and the county Artisanal Mining Committees are administratively governed by the State Department of Mining under the Ministry of Petroleum and Mining. The Director of Mines and his representatives in the various counties are in charge of overseeing the implementation of the ministry’s policy frameworks. The Ministry of Petroleum and Mining has key mining regulations in place to govern this process.

But even though the Mineral Rights Board is in place, the process of setting up the county Artisanal Mining Committees (AMCs) has been long drawn out and there seems to be no hurry to implement the mining regulations that were commissioned in 2017. Kakamega County’s AMC was gazetted on 27 March 2020 and the team commissioned on 20 July 2020. However, the AMC has yet to begin its work as the key governmental mechanisms necessary to run the committee are still pending and so no mining permits have been issued to artisanal miners in Kakamega County since the gazettement.

Artisanal miners in Taita Taveta County are in a different situation altogether. The list of members of the county AMC constituted through their appointing authorities has been forwarded to the Ministry of Petroleum and Mining but the AMC has yet to be gazetted. When contacted on this issue, one of the reasons cited by the ministry officials was that factions within the mining fraternity have disputed the list of people proposed to be part of the AMC.

Applications for small-scale mining permits are submitted to the Mineral Rights Board through the Mining Cadastre Portal. The platform is meant to bring these services close to the miners but they complain of the slow response from the Ministry of Mining. They must travel to the ministry to submit the paperwork even after uploading it onto the portal. Access to a stable internet connection is also a challenge in the remote areas of Taita Taveta and Kakamega while some of the small-scale miners lack the capacity to use the online system. Most have to travel to the Ministry’s offices for assistance or else hire someone with the skills to undertake the work for them, rendering the application process both tedious and time-consuming.

The ministry has not undertaken any capacity building and shows a lack of commitment to make the system more efficient and user-friendly. The biggest hindrance, however, is the low budgetary allocation made to the Ministry of Mining, which leaves the staff with limited options in their efforts to serve small-scale miners.

The stated goal of the Mining Cadastre Portal is “to provide an electronic platform for all stakeholders in the mining sector in Kenya to engage directly with the Ministry of Mining.” Existing mineral rights holders (those with mining permits and licenses for mining) or those with pending applications can download, complete and upload the requisite documents. Prospective mineral rights holders can also submit their particulars and other supporting documents through the portal.

The portal is also a one-stop shop for information on mining activities in Kenya. It has a cadastre map of the key areas with mineral resources, as well as details of licence holders, and on-going applications; a click on any part of the map automatically displays the existing information about that specific geographical location.

For artisanal and small-scale miners (ASMs) in Kakamega and Taita Taveta, the portal has had a significant impact on access to public information on mining in Kenya. But the portal also has its limitations. Mining is a highly skilled sector that requires high levels of expert knowledge. Some of the requirements on the portal are beyond the scope of knowledge of most gold and gemstone miners in Kakamega and Taita Taveta. For instance, the portal requires a miner to take the coordinates of the area for which they are applying for a permit. This requires equipment that is typically used by geologists and land surveyors and that is expensive to hire or purchase. A sketch of the area or locality where the miner intends to undertake extraction is another requirement, a very sophisticated process that miners in general cannot undertake on their own.

Lack of knowledge and expertise coupled with lack of access to the internet, or even computers, therefore leaves the small-scale gold and gemstone miners unable to fully exploit the portal.

Aside from these limitations, however, the Kenya Mining Cadastre Portal has been a game changer when it comes to eliminating brokers from the mining sector and it has proven to be a more efficient system than the manual issuing of permits and licences

For instance, unlike the manual system that had no clear guidelines regarding payments, all fees due to the ministry are clearly indicated on the portal and paid directly to the ministry through a cashless system. Moreover, as the portal has centralised all the country’s mining information, cases of loss or manipulation of files or documents have reduced significantly.

The gold and gemstones that are mined in Kakamega and Taita Taveta are exported out of the country with or without any value addition under the provisions of the Mining Act of 2016 which require an export permit from the Cabinet Secretary the application for which is made on the Mining Cadastre Portal.

But while the law on the issuance of mineral export permits is sufficiently detailed, its implementation is the biggest challenge and I have no doubt at all that gold and gemstones are imported into and exported out of Kenya without any form of declaration. There are many routes along the porous Kenyan boarders through which the minerals can slip in or out of the country.

For instance, most of the gold that is mined in Kakamega is taken to Uganda by road undeclared. How can this be remedied, especially for gold and gemstone miners who want to run a clean business? Also, the process of implementing the gold refinery centre in Kakamega and the gemstone value addition centre in Voi remains pending. If the sector is streamlined, then the issue of traceability of gold and gemstones will be resolved and the mineral export licence will be of value to the artisanal and small-scale miners in the sector.

The article is done with support from Diakonia Kenya Country Office under the Madini Yetu Wajibu Wetu (Our Minerals, Our Responsibility) Project. Views expressed in the article are those of the author.

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Reflections

Sustainability Is Key in the Management of Natural Resources

For mineral wealth to have a positive impact there must be transparent policies, reasonable public regulation, commodity flows and sustainable and varied production systems.

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Sustainability Is Key in the Management of Natural Resources
Photo: Unsplash/Sebastian Pichler
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Natural resource wealth has massive potential and can hugely impact the economy of a country. The natural resource sector and more particularly the petroleum and mining industry is distinguishable from other sectors of the economy in that ventures in this sector are high-risk and prone to failure if not competently undertaken. Moreover, resources in the sector are typically immovable and must be exploited on the site of their discovery.

Being exhaustible and non–renewable, these resources call for prudent exploitation and management that must also factor in intergenerational equity. And unlike other industries, the exploitation of natural resources is community-based, in the sense that the activity takes place inside communities, providing opportunities for conflict as the business pursuits of an investor threaten the general welfare of the community.

Despite the lucrative nature of the sector, it comes with a number of challenges. Learning from the many countries that have experienced the “resource curse”, it is imperative that from the outset, the following issues are taken into consideration if at all a country wishes to progress and develop through the proceeds of its natural resources.

First, a country endowed with mineral resources should always plan to diversify its economy using the proceeds from its mineral wealth. This is done to avoid the Dutch disease and to ensure that the economy can withstand shocks caused by fluctuating prices. Venezuela and Nigeria are two countries that experienced economic recession due to a fall in the price of oil.

Second, while mineral exploration and production automatically comes with a high pollution risk, there is need take contingency measures to mitigate any such damage. Deliberate steps need to be taken to avoid the Niger Delta situation where land has been so degraded that the cost of cleaning up is estimated at £900 million.

Third, the phrase “resource curse” arises from the many cases where the discovery of minerals has resulted in retrogression instead of progress for the communities within which the commodity has been found. More often than not, these host communities experience conflict when the expected benefits are not realised, sometimes because of unrealistic expectations but more often because of corruption. It is important for investors and communities to engage from the outset, ideally with the government facilitating the process. Increasingly, however, civil society and religious organisations are stepping in to fill the gap left by unresponsive governments.

It is clear that natural resource wealth can provide opportunities for countries to improve the living standards of their people and can positively impact the development of nations. Indeed, it is a commonly held belief that nations richly endowed with natural resources are more advantageously positioned to shape the economic, physical and social aspects of their development than those less endowed.

However, the paradox of plenty has been the subject of extensive research by scholars and practitioners precisely because many resource-rich countries are associated with increased poverty levels, civil war, reduced economic growth, greater inequality and social injustice. This is because of a lack of goodwill to develop other sectors of the economy that are not necessarily dependent on natural resources, among other factors.

There are however, countries that can be cited for having taken off successfully.  Norway, one of the world’s richest economies, and Botswana, one of the largest producers of gemstones, have both clearly demonstrated how natural resources can be harnessed to foster development, build the economy and generally improve people’s livelihoods.

Conversely, countries like the Democratic Republic of Congo, with its has huge deposits of natural resources including cobalt which is highly sought after and is of great economic value, and Angola, with its vast reserves of natural gas, are examples of how resources can come to be regarded as a curse due to the civil wars, conflicts, under-development, low GDP, and the many other problems associated with these nations despite being resource-rich.

A number of academic studies also suggest that natural resource wealth slows down the economic growth of a country. This narrative is however challenged by countries like Singapore, the United Arab Emirates and Taiwan which, despite being modestly endowed, have invested the revenue from their limited natural resources in the areas of education and research, have strengthened their policy and legal frameworks and institutions, and established parameters for advancing wealth creation and multiplication, as well as savings for the future generations.

Many theories have been advanced in an attempt to explain the resource trap in mineral rich countries. However, none of the hypotheses advanced has identified the root cause of the paradox of resource abundance. This is because, by themselves, natural resources cannot be classified as either a curse or a blessing; they are opportunities that prudently exploited can jumpstart an economy and bring long-term fiscal benefits to a country.

Unfortunately, a majority of resource-rich countries are anti-democratic and have opaque policies and institutions. Predatory governance, greed and corruption often lead to the signing of secretive and exploitative production contracts that only benefit the investing multinationals and their countries of origin.

However, there are many tried and tested strategies and approaches that have resulted in strong economies with stable and functioning governments. For mineral wealth to have a positive impact and be a blessing there must be transparent policies, reasonable public regulation, commodity flows and sustainable and varied production systems.

A good example is the resource-rich state of Alaska in the United States where 9.6 billion barrels of oil were discovered in 1969. That year Alaska collected US$900 million from the oil lease sales but all the money was soon squandered. Worried that money from the oil resources would go to waste and benefit just a few, Alaskans voted to have the proceeds spent on state development.

Seven years later, and with infrastructure development largely achieved, a public vote established the Alaska Permanent Fund through a constitutional amendment. The fund was designed to receive at least 25 per cent of the oil revenue and in 1982 a dividend programme was added to the fund. The sovereign wealth component promotes and ensures intergenerational savings while the dividend fund ensures that all residents of Alaska enjoy the fruits of their natural resources by receiving annual dividends in the form of cash transfers. Since the first deposit of US$734,000 was made in 1977, the fund had over US$64 billion dollars in 2019 with each resident of Alaska receiving US$1,606 in dividends that year.

From the example above, it is very clear that a country can truly develop using its natural resource wealth. One of the ways in which it can do this is by securing tenure rights to natural resources through regulations that determine who can use the natural resources, for how long and under what conditions. Tenure rights clearly specify the expectations of each stakeholder with regards to their roles and, importantly, the role that the hosting communities are going to play during the entire period of the extraction of the resource.

Contract transparency is another way in which good governance can prevail in the extractive industry. Resource extraction contracts signed between the host governments and the multinational companies should be made public to provide general information to the public and ensure transparency, scrutiny and accountability.

There are countries, like Ghana, that support the idea of contract transparency as a fundamental principle in managing their extractive industry, but many nations have not fully embraced the idea of contract transparency for fear of sparking public outrage and also to conceal the information for personal gain. Through contract transparency, everything that is in the contract is laid bare and the specific expectation from every stakeholder is made public. This promotes good governance and transparency and also ensures that the benefits trickle down to the community level, promoting sustainable development.

Creation of a strong regulatory and institutional framework is also another way of ensuring good governance in the management of natural resources. The legal or regulatory framework can either enhance or inhibit development in the extractive industry and there is no template for what needs to be done in order to ensure a strong legal and regulatory framework. Each country has a unique opportunity to come up with its own tailor-made legal and regulatory framework that works for it and this involves developing laws and regulations that address specific issues in the industry while at the same time safeguarding the interests of the communities and  incorporating international best practices.

Having competent and functional institutions to implement the laws and regulations is another important step towards ensuring good governance in the management of the extractive industry. For the enacted laws to be effective, they must be implemented by institutions that are proactive and competent. Narrowing the implementation gap by ensuring that what is happening on the ground is in tandem with the provisions of the law is one of the critical roles of functional institutions.

A strong civil society can help in ensuring good governance in the management of natural resources.  Civil society organisations provide information and have the moral legitimacy to set the resource governance agenda. They can help to democratise power in resource management, and can work to keep other resource governance actors like governments and companies accountable. The civil society plays many roles, among which is the monitoring role, where it ensures that all the state and non-state actors play their role effectively in the management of resources and, more importantly in monitoring and ensuring that benefits are realised at the community level. They also help in highlighting corrupt practices in the industry and non-adherence to the internationally recognised practices guiding the extractive sector. Civil society organisations also have a role in representing the views of ordinary citizens on issues of national importance, in this case the extractive industry.

Lastly, civil society also plays a role in setting the agenda to ensure that the interests of the public in general, and development, are given priority. According to the Institute of Global Environmental Strategies Report of 2007, governments are increasingly involving local communities and non-governmental organisations in the management of natural resources. The ways in which the different stakeholders are involved varies. In involving different stakeholders, the governments broaden the scope of engagement and possibly minimise the chances of achieving a negative impact, reduce conflict and increase efficiency in resource management.

And finally, natural resources cannot be discussed without mentioning the environment. In an effort to benefit from the natural resource wealth while dealing with environmental issues, the following principles should be considered: All decisions made must be anchored in best governmental practice in order to ensure best practice in perpetuity. Resources must also benefit communities away from the resource as the impact of pollution may be felt away from the immediate location of the activity. Where there is no scientific evidence of possible impact, an investor should provide contingency measures and where such evidence of possible impact on the environment exists—usually through an Environmental Impact Assessment—an investor must formulate measures to avoid harming the environment and a polluter must sufficiently compensate for harm caused. We must give future generations the same opportunity to have access to a healthy environment that we as a generation have been given.

The article is done with support from Diakonia Kenya Country Office under the Madini Yetu Wajibu Wetu (Our Minerals, Our Responsibility) Project. Views expressed in the article are those of the author.

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Reflections

Time To Address Compensation and Resettlement Issues in Kenya’s Mining Sector

The Land Act, the Mining Act and the Land Value Act are inherently contradictory and the country lacks a national policy on issues arising from involuntary displacement.

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Time To Address Compensation and Resettlement Issues in Kenya’s Mining Sector
Photo: Unsplash/Japhet Khendlo
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Vision 2030 promises to transform Kenya into an industrialised middle-income country and, to that end, proposes ambitious projects which include the Standard Gauge Railway (SGR), the Lamu Port-South Sudan-Ethiopia Transport Corridor (LAPSSET), multipurpose dams and the development of oil and other mineral resources among others.

Large-scale projects, including mining projects, catalyse socio-economic development, which is what many people expect and can easily see. On the other hand, they undermine human rights, cause livelihood disruptions and break up the social fabric of the affected communities. This article focuses on this second aspect and examines compensation and resettlement policy gaps and challenges with respect to the mining sector in Kenya.

Large-scale mining projects lead to involuntary displacement, deprive those affected of the use or access to their resources, disrupt sources of livelihood and interfere with the cultural fabric of the affected communities. International safeguards developed by the World Bank and the Africa Development Bank on involuntary displacement recommend that all community concerns must be taken seriously in the planning and implementation of all investment projects.

World Bank guidelines provide that involuntary resettlement should be avoided and where it is unavoidable, all the people affected must be fully and fairly compensated. Moreover, compensation and resettlement should be seen as an opportunity to improve the livelihoods of those affected. However, the legislation currently guiding compensation and resettlement in Kenya does not regulate these processes in a clear and specific manner.

Take for instance the story of Phase 2A of the Standard Gauge Railway (SGR) that runs from Nairobi to Naivasha traversing Nairobi, Kajiado, Kiambu, Nakuru and Narok Counties, a project which was delayed for three years due to land acquisition and compensation issues.

In the June 22 2019 edition, The East African published stories of human suffering caused by the project. A mother of three, Ms Kusero was promised Sh2 million for her quarter-acre property but a house made of recycled oil drums is all she received as compensation for allowing the SGR to run through her land. Hers was one of many such stories of families whose land was compulsorily acquired for the project. On paper, they were paid billions in compensation but in reality, only a few actually received compensation.

Ms Kusero says that for people like her there were no negotiations and raising grievances regarding compensation was extremely frustrating. “You go to the National Land Commission and you are asked to go to the Ethics and Anti-Corruption Commission. Then you are sent to the Directorate of Criminal Investigation and Director of Public Prosecutions before being bounced back to the National Land Commission. In the end you get frustrated without redress.”

The second story is about the extractives sector and concerns compensation owed by the Kenya Fluorspar Company to the Kimwarer Community in Kerio Valley. After exploration and confirmation of the existence of viable fluorspar, the company excised land and started its mining operations before it had compensated and resettled those it had displaced. There were no consultations whatsoever regarding compensation.

A task force report on the Review of Fluorspar Mining in Kerio Valley established that some attempts at compensation were made. In 1982, two cheques of Sh3,606,000 and Sh500,000 were released by the National Treasury to the District Commissioner to compensate the affected residents. The land compensation value was determined at Sh450 per acre of which Sh50 was deducted directly by the District Commissioner as contribution to a local school fundraiser in the Kimwarer area.

The affected residents who wanted alternative land in compensation were promised they would be resettled on Kilima I and II and Grosell farms in Uasin Gishu. They were also promised that they would receive shares in the Flourspar Company and in the Wagon Hotel in Eldoret town. Those among them who attempted to settle in the promised land were later evicted and accused of invading private property. To date, the victims of these atrocities have not received justice.

Gaps and challenges in the policy and legislative frameworks

Large-scale mining operations require massive tracts of land and often lead to significant human rights violations. Communities whose livelihoods depend on land find themselves in a struggle to defend their rights against the mineral rights granted to investors who are usually large-scale multinationals acting with the full support of host governments.

Kenya’s constitution sets out the general principles of equitable, sustainable and efficient use of land and establishes forms of land ownership. It vests ownership of mineral resources in the government, which means that any land with mineral resources can be compulsorily acquired in the public interest. It further protects the right to property from unlawful deprivation of ownership or limitation of enjoyment unless for public purposes or in the public interest in which case prompt, just and full compensation is required. It is from these provisions that mineral resource projects draw justification to cause involuntary displacement.

Kenya passed a new Mining Act in May 2016 to bolster the legal regime and reinvigorate the mining sector. The Act provides that where a mineral right disturbs or deprives access to the landowner, causes damage to property or occasions loss of earnings, the landowner may claim compensation whose payment must be prompt, adequate and fair.  It doesn’t define what “prompt”, “full” and “just compensation” mean. The mineral rights holder is responsible for all the compensation and resettlement costs.

Moreover, the Mining Act appears to overlook the sensitivity of cultural resources. It does not protect or seek to identify cultural assets. Instead, it provides that no demand or claim for compensation shall be made for any loss or damage for which compensation cannot be assessed according to legal principles. Cultural resources are sensitive owing to the level of emotional reaction they spark when interfered with. They include spiritual sites, shrines, medicinal plants and graves whose value cannot be determined using formal processes but only through consultations and negotiations in good faith. The World Bank’s cultural safeguards on involuntary displacement provide that cultural property should be identified, protected and appropriate actions taken to avoid or mitigate adverse impacts, and that interference with cultural assets may only be justified when the loss or damage is agreed to be unavoidable.

The Land Act empowers the National Land Commission on all matters related to compensation. The Commission has the responsibility to make inquiries and determine interests in the land, receive claims of compensation and facilitate just compensation. It does this on request from agencies seeking to compulsorily acquire land. From 2013 to 2019, the Commission paid-out Sh38.273 billion in compensation of which 75.2 per cent went to the SGR and road projects. Within the same period, neither land acquisition nor compensation was undertaken by the Commission for mining-related projects, which raises the question as to how land acquisitions and compensation for extractives are carried out.

Parliament passed the Land Value (Amendment) Act In 2019 to address concerns relating to compulsory land acquisition, compensation and resettlement. One of the gains in this law is that it defines “just compensation”, “prompt” and “full”, terms that are used in the Mining Act, the Land Act and in other laws without clarity.  Accordingly, “Just compensation” means a form of fair compensation that is assessed and determined on the basis of the criteria set out under the act. “Prompt” means within a reasonable period of time but not more than one year after the Commission has taken possession of the land. “Full” means the restoration of the value of the land, including improvements made on the land at the date of notice of acquisition.

It is to be noted that unlike in the past where the NLC was required to compensate the landowner before taking possession, the Land Value law now allows possession of the land before compensation is paid. This is contrary to the Mining Act which provides for prior payment of compensation. Taking possession before compensation would disadvantage the affected persons and the one-year period set for paying compensation is too long especially for large-scale mining projects that normally deprive the owner of use of property such as farmland, homestead and grazing areas. The World Bank standards require that compensation is paid in full before displacement or restriction of access.

The Land Value law also provides criteria for assessing the value of compulsorily acquired land based on a land value index to be developed by the Land Cabinet Secretary in consultation with county governments and approved by the National Assembly and the Senate. Assessing land value for compensation purposes requires wide consultations with the affected persons and the relevant agencies, which this Act does not seem to embrace. As provided for, the development of a land value index excludes the participation of the National Land Commission, land valuation agencies such as Surveyors of Kenya, government ministries such as the Ministry of Petroleum and Mining whose main work causes involuntary displacement.

Key issues and action required

The first issue is the fragmentation of the legal frameworks that guide compensation and resettlement in Kenya. The country lacks a national compensation and resettlement policy that standardises compensation and resettlement and ensures that all socio-economic and cultural issues arising from involuntary displacement are properly addressed. The national policy framework on compensation and resettlement should be developed taking into consideration international best practices and safeguards to provide a harmonised policy direction that considers all the complexities that come with involuntary displacement. The policy framework should broadly articulate compensation and resettlement in such a way that it is understood to be an opportunity for improving the livelihoods of the affected people rather than as a process to subjugate them and worsen their livelihoods. At the very least, regulations on compensations and resettlement should be developed for the Mining Act.

The second issue is the uncoordinated institutional approach for compensation matters. The National Land Commission takes charge of both land acquisition and compensation based on requests and funds from the acquiring agencies whose roles are often unclear. The suggested national policy should provide a clear framework for institutional coordination and harmonise the efforts of all relevant agencies; compensation and resettlement must be a multi-agency function. In this way, overlooking community concerns will be minimised and, more importantly, the processes will be more transparent and less fraudulent. Effective institutional coordination will also enable an integrated grievance redress mechanism.

The third issue concerns the land survey regime; it is mired in corruption, inherently opaque and exploitative. Compulsory land acquisition heightens emotions and ignites serious land speculation perpetrated by public officers with privileged information who collude with greedy elites to defraud the state through inflated land prices.

Reforms to introduce transparent land surveying and valuation are required. This means strengthening the policy frameworks and the institutions involved and also requires a robust mechanism for monitoring compulsory acquisition, compensation and resettlement. It should become policy that a compulsory land survey is undertaken prior to the compulsory acquisition of any unregistered land.

The fourth issue is the absence of cultural resources as a factor of compensation and resettlement in the available legislations. Disruption caused by extractive projects on the social, economic and cultural ecosystems of the affected people can never be truly compensated or restored. Compensation merely helps the affected persons to continue with their livelihoods but does not and cannot restore their exact loss.

Legislations guiding compensation should clearly recognise cultural resources and all assets with cultural meaning and value for the affected people as an aspect of the process of negotiating compensation. Effective community participation must be allowed in identifying and deciding the compensation for cultural resources that may be affected by mining projects.

The final issue has to do with the procedures for paying compensation. Where the project affects the whole family, it is unclear whether compensation is awarded to an individual or to a household. Capacity building for the beneficiaries on the use of finances is also a concern and because it is rarely undertaken, waste of compensation funds, family disintegration, homelessness and other socio-economic concerns ensue. Support mechanisms to ensure effective financial planning are therefore important.

The lack of a mechanism to monitor the payment of compensation is another concern, leading to serious irregularities, corruption and human rights violations. Furthermore, the approach to dispute resolution needs to be harmonised to recognise structures at the county level. As they currently stand, the Land Act, the Mining Act and the Land Value Act are inherently contradictory.

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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