For the third time, Kenya has postponed the deadline for phasing out the old generation passport and the introduction of the biometric e-passport.
Kenya, together with its East African Community (EAC) partners, is doing away with the “analogue” passport and replacing it with an electronic document. The new document has a chip that, according Immigration officials, stores the passport holder’s information and travel history, thus conforming to international passport security standards that require passports to contain a tamper-proof electronic chip.
The rollout, however, has been shambolic, with various deadlines extended since 2018. Immigration Director General said that the latest extension is a result of the East African Community having changed the deadline for all member states to November 2022.
On 4 February 2021, Interior and Government Coordination Cabinet Secretary Fred Matiang’i, under whom the Immigration Department falls, announced a 10-month extension of the deadline for the voiding of the old generation travel documents. CS Matiang’i said the Covid-19 pandemic had forced the Immigration Department to scale down operations. The new deadline was set as at December 31, 2021.
“Barring any unforeseen circumstances, this is the last extension and Kenyans are advised to make the necessary arrangements and acquire the electronic passports at the earliest opportunity possible to avoid travelling inconveniences,” the Cabinet Secretary said.
“For the avoidance of doubt, starting January 1, 2022, the old dark blue passport will be null and void and no Kenyan will be able to travel internationally without a valid East African Community biometric e-passport,” he added.
The e-passport journey
The decision to phase out the old generation passport was first made public in April 2015 and the electronic passport was to be launched in December 2016. However, then Immigration Director Major (Rtd) Gordon Kihalangwa later announced that the e-passport launch would be pushed to April 2017. This date was moved to September of that year due to “unforeseen circumstances”.
“Due to circumstances beyond our control, the launch will now not happen as stated,” Kihalangwa said in a statement at the time, noting however that he was confident that the new deadline would be met.
It was said in some quarters that the postponement was to allow other EAC member states to be ready for a simultaneous rollout as spelt out in a directive of the Heads of State Summit in March 2016.
Deals within EAC
The 17th Ordinary Summit of the EAC Heads of State had directed the partner states to commence issuance of the e-passport by 1 January 2017 and to phase out the current machine-readable East African and national passports from 1 January 2017 to 31 December 2018.
When this failed, the 35th EAC Council of Ministers meeting directed member states to commence issuance of the e-passport by 31 January 2018. This, the EAC said in a statement, was in consideration of the different levels of preparedness of the member states.
During the Council of Ministers Summit, Burundi, Kenya and Rwanda said they were ready to start rolling out the document, but Tanzania and Uganda asked for more time to finalise preparations.
Tanzania said it was upgrading its systems and was sourcing for a contractor to install the additional infrastructure, while Uganda said it was planning a public-private mode of financing for the production of the booklets.
“Burundi reported that through Public Private Partnership arrangement, it had completed the process of procuring the EA e-passport booklets and was ready to commence issuance by 3rd April 2017. Kenya, Uganda and Rwanda reported to commence issuance of the new international EA e-passport not later than April 2017, while the United Republic of Tanzania would be ready to commence the issuance of the e–Passport by 1st January 2018,” the EAC brief on 7 April 2017 said.
According to the EAC, the e-passport is expected to boost the free movement of people across the region and it will be in line with the implementation of the Common Market Protocol, which guarantees the right to move freely between EAC member countries.
Article 9 of the protocol on travel documents provides, “A citizen of a Partner State who wishes to travel to another Partner State shall use a valid common standard travel document. 2. The Partner States which have agreed to use machine‐readable and electronic national identity cards as travel documents may do so. 3. The Partner States which have agreed to use machine‐readable and electronic national identity cards shall work out modalities for the implementation of paragraph 2.”
Among the challenges member states are facing in the rollout is the cost and controversies surrounding the tendering process.
For instance, the EastAfrican has reported that the installation of new technology to print the e-passport and the phasing out of the old generation passports will cost the Kenyan government about US$5 million.
Among the challenges member states are facing in the rollout is the cost and controversies surrounding the tendering process.
“The technology installed by the Pakistani government will print a maximum of 2,000 passports per day, up from the current 800,” the Kenyan daily covering regional affairs said in a September 2017 report.
However, as early as 2015, there were reports of tender concerns in connection with the e-passport. The Daily Nation of 9 May 2015 reported concerns “over a Sh1.5 billion e-passport tender after officials directly engaged British firm De La Rue and Pakistani government agency Nadra to do the work”.
According to the Nation, the projected budget to buy the e-passport booklets and production software was likely to shoot up from KSh1.5 billion in the first year to KSh5 billion in the third year.
There were concerns as to whether Kenyans would get value for their money.
In the arrangement, De La Rue, which also prints Kenyan currency, was to manufacture the 145,000 booklets, while the National Database and Registration Authority (Nadra) was to develop the software.
On its website, Nadra confirms it undertook the job, enabling Kenya to issue machine-readable passports.
“The implemented technology and business logic has enabled Kenya with International Civil Aviation Organization (ICAO) compliant data acquisition software for passports. Passport data is synchronized with their identity system,” it says.
There were concerns as to whether Kenyans would get value for their money.
Nadra further says that a total of 775,000 machine-readable passports have been issued to Kenyans, and that it provides technical support and software upgrades when required.
The company does not indicate the timeframe within which the passports were issued but in May 2019, Kihalangwa, then Immigration Principal Secretary, told Parliament that the department had issued 800,000 passports ahead of the then August 31 deadline.
Kihalangwa said the department was serving an average of 4,000 passport applicants daily, with Nyayo House centre in Nairobi handling 2,000 applicants a day, while the Kisumu and Mombasa centres were processing 1,000 each.
“So far, we have issued almost 800,000 passports and we expect a very good number will have been done by 31st August,” he told the National Assembly Committee on Administration and National Security. In June of that year, Matiang’i said one million Kenyans had transitioned to the electronic passport but 1.5 million Kenyans were still holding the old generation document.
Kenyans in the diaspora, however, have complained of the limited number of centres at which they can renew their passports. This is despite President Uhuru Kenyatta directing in March 2019 that Kenyans living abroad be issued with the e-passport in their countries of residence.
It is estimated that 3 million Kenyan nationals live and work abroad.
Speaking during his state visit to Namibia, President Kenyatta said he saw no reason why Kenyans living outside the country should incur huge financial costs to travel back home to Nairobi to acquire the new passports.
“Why should these people be made to pay money to fly to Kenya just to get a passport and go back to work? Form a team that will go from country to country to register Kenyans in the diaspora,” President Kenyatta said in Windhoek, responding to complaints from Kenyans living there.
Nairobi, Mombasa and Kisumu were the only centres issuing the document at the time but in June 2019, the government opened other centres in Nakuru, Eldoret, Embu and Kisii to complement those in the three cities.
Abroad, Kenya launched centres in Pretoria, Washington DC, Los Angeles, London, Paris, Beijing and the United Arab Emirates.
Operations in London, however, delayed, as the systems and infrastructure had not been set up.
“We are aware of the complaints [from Kenyans in the UK]. The Immigration Department has said infrastructure will be in place by August 10 so we expect to be at full steam around August 15,” Kenya’s High Commissioner to the United Kingdom Manoah Esipisu said at the time.
However, the deadline to migrate to the e-passport was again pushed by six months to 1 March 2020.
Agnes Gitau, Managing Partner at GBS Africa in London, said that while extending the deadline gave Kenyans living abroad time to apply for the e-passport, it was imperative to communicate the new dates and the process with clarity to the over 3 million Kenyans living abroad.
“Communication has to be targeted to Kenyans through their local communities, churches, universities as there are thousands of Kenyans studying abroad and the easiest way to reach them is via their institutions.
“The Kenyan students abroad is at least one source of data governments through their embassies have. Posting on embassies website or twitter is not enough. They have to do more to reach as many Kenyans as possible,” Gitau, who also works with the Kenyan diaspora in the UK, said.
Gitau also attributed the extension to the pressure from the Kenyan diaspora.
“Though the process is still bureaucratic and unnecessarily lengthy, by extending the dates, [. . .] for once the department for Migration has responded positively. I am aware the process is so cumbersome that some Kenyans opt to travel to Kenya to apply for the e-passport there rather than at embassies,” she added.
To process more Kenyans, Gitau proposes mobile registration/renewal booths during events whenever there is a large gathering of Kenyans as it would be a logistical nightmare to establish centres in all the cities where Kenyans live.
“The only sensible place would be perhaps in Scotland and Ireland, again depending on the numbers of Kenyans there,” she adds.
Confusion in foreign missions
In December 2018, Deputy President William Ruto had issued a statement that exposed the confusion and the government’s disjointed approach.
Speaking to Kenyans living in Italy on 2 December 2018, Deputy President Ruto announced a new deadline of 2020, noting that the initial deadline of 31 August 2019 was impractical.
“The deadline is soon approaching and only a small fraction has managed to upgrade their passports to the new e-passport. The backlog at the immigration will not allow us to achieve this,” Ruto said.
This caused confusion in the consular offices of foreign embassies in Nairobi, with some maintaining that the initial deadline stood.
For instance, the Embassy of Belgium tweeted on May 2019: “#ConsularAffairs – Please note that according to the announcement of the Kenyan Government, the old Kenyan passports will expire on 01.09.2019. The Embassy of Belgium in Nairobi will ONLY accept the new East African Community biometric e-Passports for Schengen visa applications”. The US embassy had made a similar announcement on 30 April 2019, which was however retracted on 1 May 2019.
In the initial communication, the US Embassy said, “All travelers to the United States from Kenya must have a passport valid for at least six months from date of entry. Therefore, U.S. Embassy Nairobi can no longer place U.S. visas in the previously issued non-digital passport expiring August 31, 2019.”
It then sent another statement saying, “Visa applicants may apply for a US visa with a non-digital Kenyan passport. We will place a US visa in a non-digital passport until further notice. Holders of current US visas do not need to take any action.”
That the US — one of the countries that have very strict immigration rules and requirements — flip-flopped on the issue in such a short time shows the level of confusion among the foreign missions.
This caused confusion in the consular offices of foreign embassies in Nairobi.
Officials of various embassies who did not want to go on record said at the time that they were yet to receive any communication concerning the extension. Some said they would continue issuing visas on the old passports.
Foreign Affairs Principal Secretary Macharia Kamau downplayed the issue at the time, saying only, “It’s not a worry. We shall cross that bridge in August ”.
Two years later, another deadline has been issued.
Speaking with nationals of other EAC countries (Tanzania, Uganda and Burundi) it is clear that although their governments have started rolling out the e-passport, they have not set deadlines within which the exercise should be completed.
In Kenya, even as the government rolls out the e-passport, it is also upgrading the driving licence to a digital one as well as implementing the National Integrated identity Management System, popularly known as Huduma Namba, which was declared illegal by the courts in October last year for contravening the Data Protection Act. The digital driving licence rollout was to start in 2017 after a failed attempt in 2008.
It remains to be seen whether the November 2022 e-passport deadline will be met this time round and the measures the government will put in place to ensure that the rollout is completed.
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Stealth Game: “Community” Conservancies and Dispossession in Northern Kenya
The fortress conservation model, created with support from some of the world’s biggest environmental groups and western donors, has led to land dispossession, militarization, and widespread human rights abuses.
With its vast expanses and diversity of wildlife, Kenya – Africa’s original safari destination – attracts over two million foreign visitors annually. The development of wildlife tourism and conservation, a major economic resource for the country, has however been at the cost of local communities who have been fenced off from their ancestral lands. Indigenous communities have been evicted from their territories and excluded from the tourist dollars that flow into high-end lodges and safari companies.
Protected areas with wildlife are patrolled and guarded by anti-poaching rangers and are accessible only to tourists who can afford to stay in the luxury safari lodges and resorts. This model of “fortress conservation” – one that militarizes and privatizes the commons – has come under severe criticism for its exclusionary practices and for being less effective than the models where local communities lead and manage conservation activities.
One such controversial model of conservation in Kenya is the Northern Rangelands Trust (NRT). Set up in 2004, the NRT’s stated goal is “changing the game” on conservation by supporting communities to govern their lands through the establishment of community conservancies.
Created by Ian Craig, whose family was part of the elite white minority during British colonialism, the NRT’s origins date back to the 1980s when his family-owned 62,000-acre cattle ranch was transformed into the Lewa Wildlife Conservancy. Since its founding, the NRT has set up 39 conservancies on 42,000 square kilometres (10,378,426 acres) of land in northern and coastal Kenya – nearly 8 per cent of the country’s total land area.
The communities that live on these lands are predominantly pastoralists who raise livestock for their livelihoods and have faced decades of marginalization by successive Kenyan governments. The NRT claims that its goal is to “transform people’s lives, secure peace and conserve natural resources.”
However, where the NRT is active, local communities allege that the organization has dispossessed them of their lands and deployed armed security units that have been responsible for serious human rights abuses. Whereas the NRT employs around 870 uniformed scouts, the organization’s anti-poaching mobile units, called ‘9’ teams, face allegations of extrajudicial killings and disappearances, among other abuses. These rangers are equipped with military weapons and receive paramilitary training from the Kenyan Wildlife Service Law Enforcement Academy and from 51 Degrees, a private security company run by Ian Craig’s son, Batian Craig, as well as from other private security firms. Whereas the mandate of NRT’s rangers is supposed to be anti-poaching, they are routinely involved in policing matters that go beyond that remit.
Locals allege that the NRT compels communities to set aside their best lands for the exclusive use of wildlife.
Locals have alleged the NRT’s direct involvement in conflicts between different ethnic groups, related to territorial issues and/or cattle raids. Multiple sources within the impacted communities, including members of councils of community elders, informed the Oakland Institute that as many as 76 people were killed in the Biliqo Bulesa Conservancy during inter-ethnic clashes, allegedly with the involvement of the NRT. Interviews conducted by the Institute established that 11 people have been killed in circumstances involving the conservation body. Dozens more appear to have been killed by the Kenya Wildlife Services (KWS) and other government agencies, which have been accused of abducting, disappearing, and torturing people in the name of conservation.
Over the years, conflicts over land and resources in Kenya have been exacerbated by the establishment of large ranches and conservation areas. For instance, 40 per cent of Laikipia County’s land is occupied by large ranches, controlled by just 48 individuals – most of them white landowners who own tens of thousands of acres for ranching or wildlife conservancies, which attract tourism business as well as conservation funding from international organizations.
Similarly, several game reserves and conservancies occupy over a million acres of land in the nearby Isiolo County. Land pressure was especially evident in 2017 when clashes broke out between private, mostly white ranchers, and Samburu and Pokot herders over pasture during a particularly dry spell.
But as demonstrated in the Oakland Institute’s report Stealth Game, the events of 2017 highlighted a situation that has been rampant for many years. Local communities report paying a high price for the NRT’s privatized, neo-colonial conservation model in Kenya. The loss of grazing land for pastoralists is a major challenge caused by the creation of community conservancies. Locals allege that the NRT compels communities to set aside their best lands for the exclusive use of wildlife in the name of community conservancies, and to subsequently lease it to set up tourist facilities.
Although terms like “community-driven”, “participatory”, and “local empowerment” are extensively used by the NRT and its partners, the conservancies have been allegedly set up by outside parties rather than the pastoralists themselves, who have a very limited role in negotiating the terms of these partnerships. According to several testimonies, leverage over communities occurs through corruption and co-optation of local leaders and personalities as well as the local administration.
A number of interviewees allege intimidation, including arrests and interrogation of local community members and leaders, as tactics routinely used by the NRT security personnel. Furthermore, the NRT is involved not just in conservation but also in security, management of pastureland, and livestock marketing, which according to the local communities, gives it a level of control over the region that surpasses even that of the Kenyan government. The NRT claims that these activities support communities, development projects, and help build sustainable economies, but its role is criticized by local communities and leaders.
In recent years, hundreds of locals have held protests and signed petitions against the presence of the NRT. The Turkana County Government expelled the NRT from Turkana in 2016; Isiolo’s Borana Council of Elders (BCE) and communities in Isiolo County and in Chari Ward in the Biliqo Bulesa Conservancy continue to challenge the NRT. In January 2021, the community of Gafarsa protested the NRT’s expansion into the Gafarsa rangelands of Garbatulla sub-county. And in April 2021, the Samburu Council of Elders Association, a registered institution representing the Samburu Community in four counties (Isiolo, Laikipia, Marsabit and Samburu), wrote to international NGOs and donors asking them to cease further funding and to audit the NRT’s donor-funded programmes.
A number of interviewees allege intimidation, including arrests and interrogation of local community members and leaders, as tactics routinely used by the NRT security personnel.
At the time of the writing of the report, the Oakland Institute reported that protests against the NRT were growing across the region. The organization works closely with the KWS, a state corporation under the Ministry of Wildlife and Tourism whose mandate is to conserve and manage wildlife in Kenya. In July 2018, Tourism and Wildlife Cabinet Secretary Najib Balala, appointed Ian Craig and Jochen Zeitz to the KWS Board of Trustees. The inclusion of Zeitz and Craig, who actively lobby for the privatization of wildlife reserves, has been met with consternation by local environmentalists. In the case of the NRT, the relationship is mutually beneficial – several high-ranking members of the KWS have served on the NRT’s Board of Trustees.
Both the NRT and the KWS receive substantial funding from donors such as USAID, the European Union, and other Western agencies, and champion corporate partnerships in conservation. The KWS and the NRT also partner with some of the largest environmental NGOs, including The Nature Conservancy (TNC), whose corporate associates have included major polluters and firms known for their negative human rights and environmental records, such as Shell, Ford, BP, and Monsanto among others. In turn, TNC’s Regional Managing Director for Africa, Matt Brown, enjoys a seat at the table of the NRT’s Board of Directors.
Stealth Game also reveals how the NRT has allegedly participated in the exploitation of fossil fuels in Kenya. In 2015, the NRT formed a five-year, US$12 million agreement with two oil companies active in the country – British Tullow Oil and Canadian Africa Oil Corp – to establish and operate six community conservancies in Turkana and West Pokot Counties.
The NRT’s stated goal was to “help communities to understand and benefit” from the “commercialisation of oil resources”. Local communities allege that it put a positive spin on the activities of these companies to mask concerns and outstanding questions over their environmental and human rights records.
The NRT, in collaboration with big environmental organizations, epitomizes a Western-led approach to conservation that creates a profitable business but marginalizes local communities who have lived on these lands for centuries.
Despite its claims to the contrary, the NRT is yet another example of how fortress conservation, under the guise of “community-based conservation”, is dispossessing the very pastoralist communities it claims to be helping – destroying their traditional grazing patterns, their autonomy, and their lives.
The Constitution of Kenyan 2010 and the 2016 Community Land Act recognize community land as a category of land holding and pastoralism as a legitimate livelihood system. The Act enables communities to legally register, own, and manage their communal lands. For the first three years, however, not a single community in Kenya was able to apply to have their land rights legally recognized. On 24 July 2019, over 50 representatives from 11 communities in Isiolo, Kajiado, Laikipia, Tana River, and Turkana counties were the first to attempt to register their land with the government on the basis of the Community Land Act. The communities were promised by the Ministry of Land that their applications would be processed within four months. In late 2020, the Ministry of Lands registered the land titles of II Ngwesi and Musul communities in Laikipia.
The others are still waiting to have their land registered. In October 2020, the Lands Cabinet Secretary was reported saying that only 12 counties have submitted inventories of their respective unregistered community lands in readiness for the registration process as enshrined in the law.
Community members interviewed by the Oakland Institute in the course of its research repeatedly asked for justice after years of being ignored by the Kenyan government and by the police when reporting human rights abuses and even killings of family members. The findings reported in Stealth Game require an independent investigation into the land-related grievances around all of the NRT’s community conservancies, the allegations of involvement of the NRT’s rapid response units in inter-ethnic conflict, as well as the alleged abuses and extrajudicial killings.
Pastoralists have been the custodians of wildlife for centuries – long before any NGO or conservation professionals came along. While this report focuses on the plight of the Indigenous communities in Northern Kenya, it is a reality that is all too familiar to indigenous communities the world over. In far too many places, national governments, private corporations, and large conservation groups collude in the name of conservation, not just to force Indigenous groups off their land, but to force them out of existence altogether.
Pastoralists have been the custodians of wildlife for centuries – long before any NGO or conservation professionals came along.
The latest threat comes from the so-called “30×30 initiative”, a plan under the UN’s Convention on Biological Diversity that calls for 30 per cent of the planet to be placed in protected areas – or for other effective area-based conservation measures (OECMs) – by 2030.
The Oakland Institute’s report, Stealth Game, makes it clear that fortress conservation must be replaced by Indigenous-led conservation efforts in order to preserve the remaining biodiversity of the planet while respecting the interests, rights, and dignity of the local communities.
Nashulai – A Community Conservancy With a Difference
Before Nashulai, Maasai communities around the Mara triangle were selling off their rights to live and work on their land, becoming “conservation refugees”.
The Sekenani River underwent a mammoth cleanup in May 2020, undertaken by over 100 women living in the Nashulai Conservancy area. Ten of the 18 kilometres of fresh water were cleaned of plastic waste, clothing, organic material and other rubbish that presented a real threat to the health of this life source for the community and wildlife. The river forms part of the Mara Basin and goes on to flow into Lake Victoria, which in turn feeds the River Nile.
The initiative was spearheaded by the Nashulai Conservancy — the first community-owned conservancy in the Maasai Mara that was founded in 2015 — which also provided a daily stipend to all participants and introduced them to better waste management and regeneration practices. After the cleanup, bamboo trees were planted along the banks of the river to curb soil erosion.
You could call it a classic case of “nature healing” that only the forced stillness caused by a global pandemic could bring about. Livelihoods dependent on tourism and raising cattle had all but come to a standstill and people now had the time to ponder how unpredictable life can be.
“I worry that when tourism picks up again many people will forget about all the conservation efforts of the past year,” says project officer Evelyn Kamau. “That’s why we put a focus on working with the youth in the community on the various projects and education. They’ll be the key to continuation.”
Continuation in the broader sense is what Nashulai and several other community-focused projects in Kenya are working towards — a shift away from conservation practices that push indigenous people further and further out of their homelands for profit in the name of protecting and celebrating the very nature for which these communities have provided stewardship over generations.
Given the past year’s global and regional conversations about racial injustice, and the pandemic that has left tourism everywhere on its knees, ordinary people in countries like Kenya have had the chance to learn, to speak out and to act on changes.
Players in the tourism industry in the country that have in the past privileged foreign visitors over Kenyans have been challenged. In mid-2020, a poorly worded social media post stating that a bucket-list boutique hotel in Nairobi was “now open to Kenyans” set off a backlash from fed-up Kenyans online.
The post referred to the easing of COVID-19 regulations that allowed the hotel to re-open to anyone already in the country. Although the hotel tried to undertake damage control, the harm was already done and the wounds reopened. Kenyans recounted stories of discrimination experienced at this particular hotel including multiple instances of the booking office responding to enquiries from Kenyan guests that rooms were fully booked, only for their European or American companions to call minutes later and miraculously find there were in fact vacancies. Many observed how rare it was to see non-white faces in the marketing of certain establishments, except in service roles.
Another conversation that has gained traction is the question of who is really benefiting from the conservation business and why the beneficiaries are generally not the local communities.
Kenyan conservationist and author Dr Mordecai Ogada has been vocal about this issue, both in his work and on social media, frequently calling out institutions and individuals who perpetuate the profit-driven system that has proven to be detrimental to local communities. In The Big Conservation Lie, his searing 2016 book co-authored with conservation journalist John Mbaria, Ogada observes, “The importance of wildlife to Kenya and the communities here has been reduced to the dollar value that foreign tourists will pay to see it.” Ogada details the use of coercion tactics to push communities to divide up or vacate their lands and abandon their identities and lifestyles for little more than donor subsidies that are not always paid in full or within the agreed time.
A colonial hangover
It is important to note that these attitudes, organizations and by extension the structure of safari tourism, did not spring up out of nowhere. At the origin of wildlife safaris on the savannahs of East Africa were the colonial-era hunting parties organised for European aristocracy and royalty and the odd American president or Hollywood actor.
Theodore Roosevelt’s year-long hunting expedition in 1909 resulted in over 500 animals being shot by his party in Kenya, the Democratic Republic of Congo and Sudan, many of which were taken back to be displayed at the Smithsonian Institute and in various other natural history museums across the US. Roosevelt later recounted his experiences in a book and a series of lectures, not without mentioning the “savage” native people he had encountered and expressing support for the European colonization project throughout Africa.
Much of this private entertaining was made possible through “gifts” of large parcels of Kenyan land by the colonial power to high-ranking military officials for their service in the other British colonies, without much regard as to the ancestral ownership of the confiscated lands.
At the origin of wildlife safaris on the savannahs of East Africa were the colonial-era hunting parties organised for European aristocracy and royalty.
On the foundation of national parks in the country by the colonial government in the 1940s, Ogada points out the similarities with the Yellowstone National Park, “which was created by violence and disenfranchisement, but is still used as a template for fortress conservation over a century later.” In the case of Kenya, just add trophy hunting to the original model.
Today, when it isn’t the descendants of those settlers who own and run the many private nature reserves in the country, it is a party with much economic or political power tying local communities down with unfair leases and sectioning them off from their ancestral land, harsh penalties being applied when they graze their cattle on the confiscated land.
This history must be acknowledged and the facts recognised so that the real work of establishing a sustainable future for the affected communities can begin. A future that does not disenfranchise entire communities and exclude them or leave their economies dangerously dependent on tourism.
The work it will take to achieve this in both the conservation and the wider travel industry involves everyone, from the service providers to the media to the very people deciding where and how to spend their tourism money and their time.
Here’s who’s doing the work
There are many who are leading initiatives that place local communities at the centre of their efforts to curb environmental degradation and to secure a future in which these communities are not excluded. Some, like Dr Ogada, spread the word about the holes in the model adopted by the global conservation industry. Others are training and educating tourism businesses in sustainable practices.
There are many who are leading initiatives that place local communities at the centre of their efforts to curb environmental degradation.
The Sustainable Travel and Tourism Agenda, or STTA, is a leading Kenyan-owned consultancy that works with tourism businesses and associations to provide training and strategies for sustainability in the sector in East Africa and beyond. Team leader Judy Kepher Gona expresses her optimism in the organization’s position as the local experts in the field, evidenced by the industry players’ uptake of the STTA’s training programmes and services to learn how best to manage their tourism businesses responsibly.
Gona notes, “Today there are almost 100 community-owned private conservancies in Kenya which has increased the inclusion of communities in conservation and in tourism” — which is a step in the right direction.
The community conservancy
Back to Nashulai, a strong example of a community-owned conservancy. Director and co-founder Nelson Ole Reiya who grew up in the area began to notice the rate at which Maasai communities around the Mara triangle were selling or leasing off their land and often their rights to live and work on it as they did before, becoming what he refers to as “conservation refugees”.
In 2016, Ole Reiya set out to bring together his community in an effort to eliminate poverty, regenerate the ecosystems and preserve the indigenous culture of the Maasai by employing a commons model on the 5,000 acres on which the conservancy sits. Families here could have sold their ancestral land and moved away, but they have instead come together and in a few short years have done away with the fencing separating their homesteads from the open savannah. They keep smaller herds of indigenous cattle and they have seen the return of wildlife such as zebras, giraffes and wildebeest to this part of their ancient migratory route. Elephants have returned to an old elephant nursery site.
In contrast to many other nature reserves and conservancies that offer employment to the locals as hotel staff, safari guides or dancers and singers, Nashulai’s way of empowering the community goes further to diversify the economy by providing skills and education to the residents, as well as preserving the culture by passing on knowledge about environmental awareness. This can be seen in the bee-keeping project that is producing honey for sale, the kitchen gardens outside the family homes, a ranger training programme and even a storytelling project to record and preserve all the knowledge and history passed down by the elders.
They keep smaller herds of indigenous cattle and they have seen the return of wildlife such as zebras, giraffes and wildebeest to this part of their ancient migratory route.
The conservancy only hires people from within the community for its various projects, and all plans must be submitted to a community liaison officer for discussion and a vote before any work can begin.
Tourism activities within the conservancy such as stays at Oldarpoi (the conservancy’s first tented camp; more are planned), game drives and day visits to the conservation and community projects are still an important part of the story. The revenue generated by tourists and the awareness created regarding this model of conservation are key in securing Nashulai’s future. Volunteer travellers are even welcomed to participate in the less technical projects such as tree planting and river clean-ups.
Expressing his hopes for a paradigm shift in the tourism industry, Ole Reiya stresses, “I would encourage visitors to go beyond the superficial and experience the nuances of a people beyond being seen as artefacts and naked children to be photographed, [but] rather as communities whose connection to the land and wildlife has been key to their survival over time.”
Battery Arms Race: Global Capital and the Scramble for Cobalt in the Congo
In the context of the climate emergency and the need for renewable energy sources, competition over the supply of cobalt is growing. This competition is most intense in the Democratic Republic of the Congo. Nick Bernards argues that the scramble for cobalt is a capitalist scramble, and that there can be no ‘just’ transition without overthrowing capitalism on a global scale.
With growing attention to climate breakdown and the need for expanded use of renewable energy sources, the mineral resources needed to make batteries are emerging as a key site of conflict. In this context, cobalt – traditionally mined as a by-product of copper and nickel – has become a subject of major interest in its own right.
Competition over supplies of cobalt is intensifying. Some reports suggest that demand for cobalt is likely to exceed known reserves if projected shifts to renewable energy sources are realized. Much of this competition is playing out in the Democratic Republic of the Congo (DRC). The south-eastern regions of the DRC hold about half of proven global cobalt reserves, and account for an even higher proportion of global cobalt production (roughly 70 percent) because known reserves in the DRC are relatively shallow and easier to extract.
Recent high profile articles in outlets including the New York Times and the Guardian have highlighted a growing ‘battery arms race’ supposedly playing out between the West (mostly the US) and China over battery metals, especially cobalt.
These pieces suggest, with some alarm, that China is ‘winning’ this race. They highlight how Chinese dominance in battery supply chains might inhibit energy transitions in the West. They also link growing Chinese mining operations to a range of labour and environmental abuses in the DRC, where the vast majority of the world’s available cobalt reserves are located.
Both articles are right that the hazards and costs of the cobalt boom have been disproportionately borne by Congolese people and landscapes, while few of the benefits have reached them. But by subsuming these problems into narratives of geopolitical competition between the US and China and zooming in on the supposedly pernicious effects of Chinese-owned operations in particular, the ‘arms race’ narrative ultimately obscures more than it reveals.
There is unquestionably a scramble for cobalt going on. It is centered in the DRC but spans much of the globe, working through tangled transnational networks of production and finance that link mines in the South-Eastern DRC to refiners and battery manufacturers scattered across China’s industrializing cities, to financiers in London, Toronto, and Hong Kong, to vast transnational corporations ranging from mineral rentiers (Glencore), to automotive companies (Volkswagen, Ford), to electronics and tech firms (Apple). This loose network is governed primarily through an increasingly amorphous and uneven patchwork of public and private ‘sustainability’ standards. And, it plays out against the backdrop of both long-running depredations of imperialism and the more recent devastation of structural adjustment.
In a word, the scramble for cobalt is a thoroughly capitalist scramble.
Chinese firms do unquestionably play a major role in global battery production in general and in cobalt extraction and refining in particular. Roughly 50 percent of global cobalt refining now takes place in China. The considerable majority of DRC cobalt exports do go to China, and Chinese firms have expanded interests in mining and trading ventures in the DRC.
However, although the Chinese state has certainly fostered the development of cobalt and other battery minerals, there is as much a scramble for control over cobalt going on within China as between China and the ‘west’. There has, notably, been a wave of concentration and consolidation among Chinese cobalt refiners since about 2010. The Chinese firms operating in the DRC are capitalist firms competing with each other in important ways. They often have radically different business models. Jinchuan Group Co. Ltd and China Molybdenum, for instance, are Hong Kong Stock Exchange-listed firms with ownership shares in scattered global refining and mining operations. Jinchuan’s major mine holdings in the DRC were acquired from South African miner Metorex in 2012; China Molybdenum recently acquired the DRC mines owned by US-based Freeport-McMoRan (as the New York Times article linked above notes with concern). A significant portion of both Jinchuan Group and China Molybdenum’s revenues, though, come from speculative metals trading rather than from production. Yantai Cash, on the other hand, is a specialized refiner which does not own mining operations. Yantai is likely the destination for a good deal of ‘artisanal’ mined cobalt via an elaborate network of traders and brokers.
These large Chinese firms also are thoroughly plugged in to global networks of battery production ultimately destined, in many cases, for widely known consumer brands. They are also able to take advantage of links to global marketing and financing operations. The four largest Chinese refiners, for instance, are all listed brands on the London Metal Exchange (LME).
In the midst of increased concentration at the refining stage and concerns over supplies, several major end users including Apple, Volkswagen, and BMW have sought to establish long-term contracts directly with mining operations since early 2018. Tesla signed a major agreement with Glencore to supply cobalt for its new battery ‘gigafactories’ in 2020. Not unrelatedly, they have also developed integrated supply chain tracing systems, often dressed up in the language of ‘sustainability’ and transparency. One notable example is the Responsible Sourcing Blockchain Initiative (RSBI). This initiative between the blockchain division of tech giant IBM, supply chain audit firm RCS Global, and several mining houses, mineral traders, and automotive end users of battery materials including Ford, Volvo, Volkswagen Group, and Fiat-Chrysler Automotive Group was announced in 2019. RSBI conducted a pilot test tracing 1.5 tons of Congolese cobalt across three different continents over five months of refinement.
Major end users including automotive and electronics brands have, in short, developed increasingly direct contacts extending across the whole battery production network.
There are also a range of financial actors trying to get in on the scramble (though, as both Jinchuan and China Molybdenum demonstrate, the line between ‘productive’ and ‘financial’ capital here can be blurry). Since 2010, benchmark cobalt prices are set through speculative trading on the LME. A number of specialized trading funds have been established in the last five years, seeking to profit from volatile prices for cobalt. One of the largest global stockpiles of cobalt in 2017, for instance, was held by Cobalt 27, a Canadian firm established expressly to buy and hold physical cobalt stocks. Cobalt 27 raised CAD 200 million through a public listing on the Toronto Stock Exchange in June of 2017, and subsequently purchased 2160.9 metric tons of cobalt held in LME warehouses. There are also a growing number of exchange traded funds (ETF) targeting cobalt. Most of these ETFs seek ‘exposure’ to cobalt and battery components more generally, for instance, through holding shares in mining houses or what are called ‘royalty bearing interests’ in specific mining operations rather than trading in physical cobalt or futures. Indeed, by mid-2019, Cobalt-27 was forced to sell off its cobalt stockpile at a loss. It was subsequently bought out by its largest shareholder (a Swiss-registered investment firm) and restructured into ‘Conic’, an investment fund holding a portfolio of royalty-bearing interests in battery metals operations rather than physical metals.
Or, to put it another way, there is as much competition going on within ‘China’ and the ‘West’ between different firms to establish control over limited supplies of cobalt, and to capture a share of the profits, as between China and the ‘West’ as unitary entities.
Thus far, workers and communities in the Congolese Copperbelt have suffered the consequences of this scramble. They have seen few of the benefits. Indeed, this is reflective of much longer-run processes, documented in ROAPE, wherein local capital formation and local development in Congolese mining have been systematically repressed on behalf of transnational capital for decades.
The current boom takes place against the backdrop of the collapse, and subsequent privatization, of the copper mining industry in the 1990s and 2000s. In 1988, state-owned copper mining firm Gécamines produced roughly 450 000 tons of copper, and employed 30 000 people, by 2003, production had fallen to 8 000 tons and workers were owed up to 36 months of back pay. As part of the restructuring and privatization of the company, more than 10 000 workers were offered severance payments financed by the World Bank, the company was privatized, and mining rights were increasingly marketized. By most measures, mining communities in the Congolese Copperbelt are marked by widespread poverty. A 2017 survey found mean and median monthly household incomes of $USD 34.50 and $USD 14, respectively, in the region.
In the context of widespread dispossession, the DRC’s relatively shallow cobalt deposits have been an important source of livelihood activities. Estimates based on survey research suggest that roughly 60 percent of households in the region derived some income from mining, of which 90 percent worked in some form of artisanal mining. Recent research has linked the rise of industrial mining installations owned by multinational conglomerates to deepening inequality, driven in no small part by those firms’ preference for expatriate workers in higher paid roles. Where Congolese workers are employed, this is often through abusive systems of outsourcing through labour brokers.
Cobalt mining has also been linked to substantial forms of social and ecological degradation in surrounding areas, including significant health risks from breathing dust (not only to miners but also to local communities), ecological disruption and pollution from acid, dust, and tailings, and violent displacement of local communities.
The limited benefits and high costs of the cobalt boom for local people in the Congolese copperbelt, in short, are linked to conditions of widespread dispossession predating the arrival of Chinese firms and are certainly not limited to Chinese firms.
To be clear, none of this is to deny that Chinese firms have been implicated in abuses of labour rights and ecologically destructive practices in the DRC, nor that the Chinese state has clearly made strategic priorities of cobalt mining, refining, and battery manufacturing. It does not excuse the very real abuses linked to Chinese firms that European-owned ones have done many of the same things. Nor does the fact that those Chinese firms are often ultimately vendors to major US and European auto and electronic brands.
However, all of this does suggest that any diagnosis of the developmental ills, violence, ecological damage and labour abuses surrounding cobalt in the DRC that focuses specifically on the character of Chinese firms or on inter-state competition is limited at best. It gets Glencore, Apple, Tesla, and myriad financial speculators, to say nothing of capitalist relations of production generally, off the hook.
If we want to get to grips with the unfolding scramble for cobalt and its consequences for the people in the south-east DRC, we need to keep in view how the present-day scramble reflects wider patterns of uneven development under capitalist relations of production.
We should note that such narratives of a ‘new scramble for Africa’ prompted by a rapacious Chinese appetite for natural resources are not new. As Alison Ayers argued nearly a decade ago of narratives about the role of China in a ‘new scramble for Africa’, a focus on Chinese abuses means that ‘the West’s relations with Africa are construed as essentially beneficent, in contrast to the putatively opportunistic, exploitative and deleterious role of the emerging powers, thereby obfuscating the West’s ongoing neocolonial relationship with Africa’. Likewise, such accounts neglect ‘profound changes in the global political economy within which the “new scramble for Africa” is to be more adequately located’. These interventions are profoundly political, providing important forms of ideological cover for both neoliberal capitalism and for longer-run structures of imperialism.
In short, the barrier to a just transition to sustainable energy sources is not a unitary ‘China’ bent on the domination of emerging industries as a means to global hegemony. It is capitalism. Or, more precisely, it is the fact that responses to the climate crisis have thus far worked through and exacerbated the contradictions of existing imperialism and capitalist relations of production. The scramble for cobalt is a capitalist scramble, and one of many signs that there can be no ‘just’ transition without overturning capitalism and imperialism on a global scale.
This article was published in the Review of African political Economy (ROAPE).
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