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Rights Violations in Isiolo International Airport Land Expropriation

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The Land Value Act does not make provision for the valuation of communal land in a manner that reflects the social-economic practices of the drylands communities.

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Rights Violations in Isiolo International Airport Land Expropriation

Legally recognised and secure land and resource rights are fundamental to advancing peace, prosperity, and sustainability. Security of tenure underpins a society’s fabric and its relationship to the natural environment, shaping its cultural development and the realisation of democracy. In Kenya, the land question remains politically sensitive and culturally complex, a function of historical injustice, land ownership disparities, and tenure insecurity.

Most land disputes in Kenya arise from how the land has been allocated. This is because access to land and land use in Kenya is a distributive game that creates winners and losers. From 1965 to the late 80s, land appropriation and allocation programmes were clearly biased in favour of the elites and the ruling class and as a result, vast swathes of land were concentrated in the hands of a wealthy few. This led to land inequality and exacerbated other forms of inequality, affecting the common man’s livelihood and prospects for prosperity.

With rising land inequality and with the citizens unable to question or control this imbalance, the likelihood of violent conflict over land increased. A push for people-centred land reforms culminated in the Land Policy of 2009 and the promulgation of the Constitution of Kenya (CoK) 2010. The land reforms foreseen in the CoK 2010 and other substantive laws rest on the principles of equitable access to land, security of land rights, sustainable and productive management of land resources, and the transparent and cost-effective administration of land. But despite the passing of laws governing land reform, the transparent and effective administration of land remains elusive.

Compulsory land acquisition

The government occasionally needs to acquire land for public projects like roads, power plants, water reservoirs and even schools or hospitals. In such cases, the rights of the government override individual rights of ownership; the government can take possession of privately or communally-owned land through compulsory acquisition.

Article 40 (3) of the constitution and the Land Act, 2012 allow for acquisition only where the land is required for a public purpose or in the public interest. Upon acquisition, the law provides for prompt payment of just compensation. However, compulsory land acquisition can lead to human rights violations and the Isiolo International Airport case is a classic example.

The expansion of the Isiolo airstrip into an international airport is part of the Lamu Port-South Sudan-Ethiopia Transport Corridor (LAPSSET) development project. LAPSSET is a component of the Kenya Vision 2030 Programme whose aim is to transform Kenya into a newly industrialising, middle–income country providing a high quality life to all its citizens in a clean and secure environment by the year 2030. The Isiolo International Airport is one of the projects expected to spur economic growth in the region.

The expansion of the Isiolo airstrip was carried out on land that is in both Meru and Isiolo counties. Landowners living in Meru County who were expropriated received their compensation on time, while some landowners in Isiolo County were yet to be compensated by the time the airport opened in 2017. This is because land ownership in Meru is well documented whereas most of the land in Isiolo is owned by communities under customary law without formal title deeds. This has made the compensation process slow, unfair, and unjust.

This disparity in the tenure system has disadvantaged the people of Isiolo who find themselves in this situation due to historical marginalisation. In effect, land in Isiolo County has been considered to be of low potential since colonial times, a perception that has been perpetuated by successive governments which have continued to invest highly in the areas that were identified as having a “high potential” — with abundant natural resources, rainfall, and productive land among other factors — for the development of the economy. This systemic marginalisation, together with insurgency wars and banditry in the region, has meant that land in Isiolo County has remained invisible to investors. That is, until the LAPSSET Corridor project took off.

Land ownership in Meru is well documented whereas most of the land in Isiolo is owned by communities under customary law.

Coupled with the disparity in land tenure systems, the failure to establish communication channels with the affected communities was a major cause of the chaotic compensation process, and efforts to identify the legitimate landowners entitled to compensation were fraught with difficulties. In effect, undocumented landowners were not the only ones to rush to Ardhi House for allotment letters; as soon as the project was proposed, land grabbers conspired to obtain Part Development Plan (PDPs) which would enable them to claim compensation from the LAPSSET project.

This led to double or even triple issuance of letters of allotment for the same piece of land, undermining the security of tenure of the original owners of the land. Community elders in Isiolo County have brought this issue to the attention of the relevant authorities but the county government has been lethargic in moving to resolve this matter, mainly due to the poor land records and management system it inherited from the defunct Isiolo County Council.

Confusion

Article 40(4) of the Constitution of Kenya 2010 provides for compensation to be paid to occupants in good faith for expropriated land which has no title. This provision is supported by various other legislations. For example, Section 5 of the Land Act of 2012 recognises customary land rights, whether documented or not, as one of the forms of land tenure in Kenya.

Further, Section 5(3) of the Community Land Act of 2016 recognises customary land rights to be equal in law with freehold and leasehold interests in land while the Land Value Index Laws provide comprehensive guidelines for the calculation of the value of such land. However, critics of the land value index claim that sections of the Act can cause suffering to landowners as the Act gives the government up to a year to compensate landowners based on the value index and not on the prevailing market rates.

The Land Value (Amendment) Act 2019 provides for additional forms of compensation apart from monetary compensation, including allocation of alternative land of equivalent value and land use. In the case of the Isiolo Airport project, the displaced residents were allocated alternative land at Mwangaza, Kiwanjani, and Chechelesi but as it turned out this land was already occupied. Lack of public participation in the compensation scheme was the underlying cause of the confusion. Had the Ministry of Lands, the Kenya Airports Authority (KAA) and the project contractor engaged the local leaders, elders and the host community at the outset, this problem could have been avoided. Instead, the compensation process has pitted the resettled community against the original occupants, leading to tension and suffering.

In the particular case of the drylands, there is no clear matrix that guides compensation as the parameters to be applied are not provided for in law. In effect, the Land Value (amendment) Act of 2019 does not cover communal land, the most common type of tenure in the dryland areaswhich make up more than 50 per cent of Kenya’s land mass. The national and county governments were to jointly develop a land value index map within six months of the adoption of the Act on 19 August 2019 but to date there is no evidence of any consolidated value index of all lands in Kenya, rendering the process of land compensation in drylands a difficult task.

The compensation process has pitted the resettled community against the original occupants, leading to tension and suffering.

The compensation value for a piece of land in the urban and high potential areas is determined by proximity or access to social infrastructure such as tarmacked and paved roads, access to electricity, schools, hospitals, serenity, and aesthetic beauty. This is not possible in the drylands, which have different characteristics but where the land is of equally great social-economic value to the community, yet the Land Value (Amendment) Act of 2019 does not make provision for the valuation of communal land in a manner that reflects the social-economic practices of the communities such as pastoralism.

A 2017 report by Hakijamii titled Tension Between Human Right and Development – The Case of LAPSSET in Isiolo County, finds that the project failed to “uphold human rights to information, housing, employment, education and provision of water”. A review by the Environmental Justice Atlas (EJATLAS) concludes that the Isiolo Airport project is not an “Environmental Justice Success” as by the time the expanded airport commenced operations, some of the affected residents had not yet been compensated. The Compulsory Land Acquisition Act, The Constitution of Kenya 2010, the Land Act, 2012 are among the many laws that have been passed to prevent such outcomes, yet the affected communities find themselves at a loss as they were not even informed about the impact that the expanded Isiolo Airport and the other large-scale projects would have on their lives.

Impact on pastoralism 

Ideally, the population of a country must benefit equally from government policy regardless of age, class, ethnicity, population size and location. Yet, rather than gaining, the marginalised people of Isiolo are losing from these flagship projects because of lack of proper compensation since the land is perceived to be unoccupied or underutilised. Indeed, pundits argue that infrastructure projects such as LAPSSET and Isiolo resort city are being implemented in pastoral areas because there is not enough space in higher potential areas whereas the rangelands are perceived to be idle land.

The assumption that land in the arid and semi-arid areas (ASALs) is idle and of lesser value leads to the flouting of compensation guidelines when projects are undertaken in ASALs. It also explains why the communities that were affected by the Mombasa-Nairobi Standard Gauge Railway have been compensated while those affected by the LAPSSET project — which will hive off approximately half a million acres of land in Lamu, Garissa, Isiolo, Marsabit, Samburu and Turkana —  are yet to be compensated.

The assumption that land in the arid and semi-arid areas (ASALs) is idle and of lesser value leads to the flouting of compensation guidelines.

The airport is just one component of the LAPSSET Corridor project which also comprises the Lamu Port, a resort city, a Standard Gauge Railway (SGR), and an oil refinery and pipeline. While these infrastructure projects will undoubtedly attract investors and other populations to Isiolo, this will also lead to cultural shocks as people from different backgrounds with different beliefs, behaviours, languages and values come into a community largely made up of people who hold comparable values. Changes in social-economic activities will also lead to loss of local cultures as dominant cultures are introduced. Finally, as ancestral lands are lost and grazing land diminishes, cultural livelihoods such as nomadic pastoralism will be affected, undermining the resilience of pastoral communities.

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Fatuma Huka is a Lawyer and Arbitrator passionate about Human Rights and Environmental Justice.

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Gone Is the Last Of the Mohicans: Tribute to Kenneth Kaunda

As we mourn President Kaunda, my prayer is that the death of this great African son and leader will remind us of the sacrifices that he and his contemporaries who fought for Africa’s independence made.

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Gone Is the Last Of the Mohicans: Tribute to Kenneth Kaunda
Photo: Flickr/GovernmentZA

17 June 2021

Tonight, I was welcomed in Addis Ababa, Ethiopia, by the sad news of the death of the first President of the Republic of Zambia and a founding father of the nation, His Excellency Dr. Kenneth Kaunda.

In this moment of great loss to Zambians and indeed all Africans, I wish to express my heartfelt condolences to the Kaunda family, President Edgar Lungu, and the government and people of the Republic of Zambia.

The demise of President Kaunda at the grand old age of 97 years brings to end the pioneers and forefathers who led the struggles for decolonisation of the African continent and received the instrument of Independence from the colonial masters in Africa.

Let all Africans and friends of Africa take solace in the knowledge that President Kaunda has gone home to a well-deserved rest and to proudly take his place beside his brothers such as Jomo Kenyatta of Kenya, Kwame Nkrumah of Ghana, Julius Nyerere of Tanzania, Habib Bourguiba of Tunisia, Léopold Sédar Senghor of Senegal, Nnamdi Azikiwe of Nigeria, Ahmed Sékou Touré of Guinea, Félix Houphouët-Boigny of Côte d’Ivoire, Patrice Lumumba of Congo, Nelson Mandela of South Africa to name but a few.

All of them, without exception, were nationalists who made sacrifices in diverse ways. Some, like Patrice Lumumba, untimely lost their lives soon after independence. We are consoled that God granted President Kaunda long life to witness the progression of Africa through five decades of proud and not-so proud moments.

In December 2015, I visited President Kaunda at his home in Lusaka in what was to be our last meeting. As we discussed about everything from family to politics in our two countries and indeed in Africa generally, I asked him if the Africa that we have today is the Africa for which he and his contemporaries struggled and fought. President Kaunda was visibly pained in his response and at some point he broke down and wept. It was obvious to me how disappointed he was about some of the challenges that have plagued our continent for decades since independence.

As we mourn President Kaunda, my prayer is that the death of this great African son and leader will remind us of the sacrifices that he and his contemporaries who fought for Africa’s independence made. Let it remind us of the vision that they had for Africa; their hopes and aspirations; their dream for a free, strong, united and prosperous Africa. Let us, African leaders and people, never let the labour of these heroes past be in vain.

Rest well, KK. Africa is free and will be great.

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Purveyors of Imperial Foreign Policy

Involuntarily, instinctively or by association, these present-day missionary-scholars from the West reflect the foreign policies of their masters.

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Purveyors of Imperial Foreign Policy

It has become increasingly common for scholars, activists and politicians who see Africa from African vantage points to be outraged by neo-orientalist portrayals of Africa by scholars and media from the West. By “African vantage points”, I mean that they tend to explain and offer context, on the global stage, to the well-publicised crimes of Africa’s leaderships as opposed to calling them out. I mean, whilst they are critical of Muammar Gaddafi or Robert Mugabe, they are unwilling to support coalitions of “vanguards of justice and human rights” to flash them out, even if flashing out a bad leader comes by way of sanctions. These scholars and activists are my main audience.

It is my contention that we need to be kinder and more sensitive to the West’s celebrity-missionary intellectuals and media. They commit no crime when they “misrepresent” the continent. In fact, misrepresentation as a term does not even apply to them as, indeed, they are not mispresenting anything but simply doing their job. It is liberating to be aware that 95 per cent of academics, the media, and other commentators from the West will — oftentimes involuntarily, instinctively or by association — follow the foreign policy positions of their countries. So, Michela Wrong, Nic Cheeseman, Robert Guest and others remain intellectuals of empire. But with a sophistication; they are not crude like their predecessors (such as the colonial anthropologists who were, among other things, openly racist and abusive). This new breed of missionary-scholar speaks to the visible wrongs in our midst, but decides never to offer them any context, longue durée, causation, and abstraction whatsoever, to the point that they have even conscripted surrogates from amongst us. This new breed is more tactical, more sophisticated, but as dangerous as their predecessors.

Reflecting on Wrong’s recent book, Do Not Disturb, Jörg Wiegratz and Leo Zeilig have reminded us about the timeless monster trope in the Western media and academia in reference to African “autocratic” presidents. It is worth stressing that presidents that are labelled “monsters” are not necessarily innocent individuals; they are and have actually committed crimes to fit the label. But while their badness ought not to be denied, it has to be understood as a timeless fact about all politicians: their monstrosity ought to be understood as a function of power – thus the truism that power corrupts, and this is not limited to Africa. In reality however, those characterised as monsters across formerly colonised places have been men (and women) unwilling to allow modern imperial plunder disguised as free trade and often sold in the language of human rights. Please note that monsters do not start out as monsters in both their political character and in the ways in which the world sees and writes about them. Oftentimes, they simply undergo a key transformation at that sobering moment of encounter with the imperial capitalist machine. Slovenian theorist, Slavoj Zizek has described this moment, as a “key dilemma” for any president.

This new breed of missionary-scholar speaks to the visible wrongs in our midst, but decides never to offer them any context, longue durée, causation, and abstraction.

Ugandan president Idi Amin started out as a darling of the West. But he became a monster as soon as he chose to get the natives out of the backwaters of the economy, which actually meant taking the economy away from the Indian-Asians, the “deputies of colonialists” as historian Lwanga-Lunyiigo calls them. (Since they were neither settlers nor natives at independence, the only category left in this push and pull of belonging was as deputies to the colonialists, but they inexplicably stayed on in the colonies even after the end of colonialism). After Amin radically pulled the rag from under their feet — as Kenya and Tanzania had done using their legal systems — Uganda’s former colonisers who had actually shipped Indians into the region and deliberately privileged them over the natives, were the first to demonise Amin. Once politically bad, Amin also became bad in the scholarship. Most famously, he became a “white pumpkin” in popular media circles.

Queen Elizabeth II bestowed a knighthood on Mugabe, a subtle bribe to get him to ignore land reforms, a burning issue at independence.  For 20 years, Mugabe remained a darling of the West, never antagonising white farmers and instead, becoming ensnared in endless negotiations with them and the UK government to find a less radical or less painful way to allow them to keep the land they had grabbed under colonialism. Even when the British government gave Mugabe money to buy land for redistribution, the white landowners refused to sell. Caving in to pressure from inside his own party and from former combatants, Mugabe then took a hard stance on land. Shamelessly, Zimbabwe’s former colonisers took back their bribe, and the media and academia competed in badmouthing Mugabe.

In nearby South Africa, the bribe that was the Nobel Peace Prize awarded to Nelson Mandela was working wonders. Mandela admitted in his memoir, Long Walk to Freedom, that he had blatantly defied the ANC’s resolutions in his ignorant and childlike pursuit of political independence. In effect, he left South Africa’s entire economy in the hands of white South Africans. As Zizek puts it, if Mandela had really won, he would never have become a darling of the West — and of the world. Similarly, before Kagame started taking a hard stance towards the West, he had been their darling for years. He is now a monster. Ever wondered why with all Museveni’s crimes, he is yet to become a monster? Well, Museveni is in Somalia, Central African Republic, South Sudan, and in the Democratic Republic of Congo. He is providing the calm under which foreign mining companies enjoy Congolese resources, and European pirates enjoy Somalia’s marine resources. Thus, despite his crimes against Ugandans, he is yet to make the label, to be called a monster.

The point I am making here is that a huge percentage of scholarship and media in the West reflects the foreign policies of their masters. This is true not just in the so-called “formerly colonised” places but it is also true of Europe’s and America’s relations across the world where their exploitative tentacles are being resisted. Mainstream scholarship, and media, which is largely “a bunch of frauds” as Noam Chomsky puts it, will often find the “ethical imperative” to blast leaderships in Russia, Syria, Iran, Turkey, Pakistan, Bolivia, Cuba, Venezuela, Brazil, China, and even helpless Palestine — as long as their multinationals face stiff opposition to attempts to monopolise the economies of these countries.

They simply undergo a key transformation at that sobering moment of encounter with the imperial capitalist machine.

The crime of the leaderships of these countries is trying to extract maximum benefit from their mineral resources — especially oil, gold, lithium and platinum —  and fighting for their land. As these leaders are derided by EU and American politicians, Western scholars and journalists endlessly chant their badness. These same scholars and media also pour their blood, sweat and tears to ensure that the crimes of empire are not exposed. Ali Mazrui told us as much in 1997 when the BBC censored him for reporting factually about Muammar Gaddafi. More recently, The Conversation killed a well-researched piece by Matthew Alford on how “western media rationalises and amplifies state-sanctioned violence and wars as millions die.”

Please note that these fellows in the Western-based media and academia hate being associated with their countries’ foreign policies. They will vehemently deny this accusation. They prefer to appear to be objective academics and analysts building their craft on fieldwork and evidence. But there are two handicaps: first, you’ll never hear them speak out against the crimes of their own countries the way they do about those of other countries. You do not see them calling out Israel’s colonisation of Palestine. You do not see them joining Black Lives Matter, nor see them call out the wars in Yemen, Iraq, and the entire Middle East that were started on the basis of inexistent intelligence.  And this isn’t a case of disciplined focus or areas studies; it is a lie. A true activist-scholar has to start at home. Sadly, you have heard them downplay the double standards of structural adjustment, or simply keep quiet. They are happy to harp on about democracy and human rights as if there is no close connection between livelihoods and the resultant modes of governance. Or they do not see the continued pain of structural adjustment with which their countries have disempowered local African populations.

Second, and this is the big point I intend to make: working or simply following the foreign policy positions of their countries is not a crime on their part. They really have no choice.  Even those most aware of it end up with very limited choices. To appropriate David Scott, they have been conscripted to this mission. They did not choose to work for their countries as earlier intellectuals of empire did; they were simply conscripted. To survive as scholars, they have to stay true to the mission of the master who not only introduced them to these parts of the world, but who also enables their intellectual and financial power to undertake scholarship in these parts.

That the majority are unaware of their conscription is how it is meant to be. But even for those who are seemingly aware of their conscription and would want to resist, there are limits as to how far they can go in challenging the dream of their master, the very one who enables them to thrive in the first place. This is an existential dilemma. The conscription is more discreet nowadays as it takes the form of funding, historical connections, etc. For example, there are exponentially more scholars from the UK than from France or Germany working in the former British colonies, in the same way that there are more scholars from France than from the UK in the former French colonies. And although this form of conscription runs deep, it remains largely invisible.

The bigger point I wish to make is this: scholarship is closely linked to the economy—and to politics. Until Africans develop their economies to fund their scholarship, these chaps from the West will continue to say whatever they want – and there will always be good evidence to back up any arguments they choose to make, which actually makes their scholarship appear sound and objective. But as Foucault has told us, to focus on a particular argument is often a political position and not an intellectual one. It is not intellectual persuasion or a case of overwhelming evidence. It is power and politics.

My intention is not to make the conscription of Western media and scholars at the service of their countries’ foreign policies a crime (perhaps if they knew, they would be humbler). It is to remind African intellectuals and activists that there is need to spend more time fighting at home to better their politics and economies. This, in turn, will give them the intellectual and political power to also push our side of the story.

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Vaccine Internationalism Is How We End the Pandemic

The G7 is prolonging the pandemic. The Summit for Vaccine Internationalism is organizing to end it.

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Vaccine Internationalism Is How We End the Pandemic

Last week, as the Covid-19 virus claimed more than 10,000 lives each day, the leaders of the G7 met to discuss their plans to end the pandemic.

Since the last G7 meeting in February, one million more people have died from Covid-19. A new wave of the pandemic is decidedly here — and with it, the warning that the virus could mutate further and become resistant to existing vaccines.

And yet, despite this lethal urgency, a plan and commitment to vaccinate the world failed to materialize in Cornwall. Even the heralded pledge to donate a billion doses of the Covid-19 vaccine — a fraction of the 11 billion doses the world needs, and spread over a year and a half — dropped to 870 million by the time the meetings concluded, out of which only 613 million doses are truly new.

We cannot seriously expect the G7 leaders to challenge a global health system that they constructed. Nor can we wait around for fresh promises of charity. As the G7 pose for photographs on the beach, new variants of concern continue to accelerate the virus’s assault: the Alpha variant in the UK, Beta in South Africa, Gamma in Brazil, and now, Delta in India. Every minute that global cooperation is delayed is another neighborhood of lives at risk.

As of today, the G7 countries have purchased over a third of the world’s vaccine supply, despite making up only 13% of the global population. Africa, meanwhile, with its 1.34 billion people, has vaccinated a meagre 1.8% of its population. The result: At the current rate, low-income countries will be left waiting 57 years for everyone to be fully vaccinated.

That is why the Progressive International is bringing together a new planetary alliance of government ministers, political leaders, and vaccine manufacturers in an emergency summit for #VaccineInternationalism.

In this moment, every laboratory, every factory, every scientist, and every healthcare worker must be empowered to produce and deliver more vaccines for everyone, everywhere. Instead, high- and middle-income countries have used up more than 85% of the world’s vaccine supply. Many have done nothing to waive patent monopolies on vaccines. None of them have done anything to force a transfer of vaccine technology to the world.

Today, as most of the world grapples with having any vaccines at all, the United States and other rich countries grapple with what will soon be huge surpluses of vaccines.

It is clear: The end of this pandemic is now being artificially delayed. It could end — we could make enough vaccines in one year, according to Public Citizen — but instead of sharing technology and cooperating to manufacture vaccines, powerful pharmaceutical companies are choosing to extend it. The IQVIA report on the potential market for booster shots is telling: an estimated $157 billion will be spent worldwide on Covid-19 vaccines through 2025. Governments have already transferred extraordinary amounts of public money into private pockets, creating nine new billionaires — pharmaceutical executives that have handsomely profited from a monopoly on Covid-19 vaccines. Their combined wealth is enough to fully vaccinate some 780 million people in low-income countries.

This cannot go on. Now, delegations of the Global South are coming together to demonstrate models of vaccine internationalism — Cuba, Bolivia, Argentina, Mexico, Kenya, Kerala, and more. Joining their call are allies from the Global North, from the UK, Canada, New Zealand — standing ready to challenge their governments to end their loyalty to Big Pharma and surrender their control over global health institutions. With vaccine manufacturers like Virchow, Biolyse, and Fiocruz stating their willingness to do their part — this coalition has a simple goal: to produce, distribute, and deliver vaccines for all.

With this summit, the Progressive International is sounding the alarm: our lives and liberty are in danger, and the sovereignty of the South is at stake. These progressive forces are coming together to set the stage for a new kind of politics —where solidarity is more than a slogan.

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