Those Most Responsible

There is a curious phenomenon sweeping over the Internet right now. People are listing it as 'inspiring'.  Much has been said already, but I just have a few comments about the Kony 2012 movement that has gone viral:

1. There are better opinions there about what some of the shortcomings of the campaign are.  You can read them here and here.  I agree with those sentiments.  However, I am extremely impressed by the mobilization around the movie (positive and negative).  The impact of technology, the Internet, and social media is incredibly impressive.  And while I am worried that our intellectual capacities are not advancing as fast as technology (there is incredible ignorance and naivety about the attention to Kony 2012), this phenomenon really gets me excited about the possibility of getting the right people, in the right room, at the right time.  Can you imagine if someone used the same production value as the Kony movie, but directed the attention at the plight of First Nations people in Canada, with proper facts, and got the same response (15+ Million viewers, endorsements by major athletes and Justin Bieber)?  I think that there is a huge likelihood that noticeable changes would have occurred, quickly.
   
   
2. Speaking of changes, I feel like the entire movie, catchphrase, and movement really speak to a fairy tale culture.  The idea of “stopping at nothing to stop Kony” misses one key issue, for me.  The whole thing stops at Kony.  One individual.  And then all the children live happily ever after.  It is very difficult for me to see how the removal of one individual will make the lives of the children markedly better, and yet the movie still strikes a chord.  There is something quite compelling about good vs. evil stories.  But this isn’t a movie, and the situation is worse, and much more complicated than a 24 minute movie could ever capture.  Unfortunately, it is simply not as ‘sexy’ to make a movie about the years of psychological counseling, physical rehabilitation, and social reintegration that are necessary to help these children become ‘normal’.
   
   In any event, has anyone stopped to interrogate whether the removal of a dictator/despot has lasting, positive consequences?  There have been quite a few disposed of recently (Bin Laden, Saddam Hussein, Gaddafi).  Who exactly is living happily ever after?  They no longer pose a threat, individually.  But the associated countries are in turmoil.  I recall the issues and concern over the IRA – I don’t know of any high-level assassinations/killings in Ireland, and yet I can’t think of any major issues coming from there – there were peace talks, and the matter quietly diminished from view.  (although this could be ignorance on my part, as I don’t regularly follow the Irish situation).

For all its trials and tribulations, Kony 2012 has done one major thing.  It has created dialogue, and more importantly, it has opened up a space in our society (and especially in North America), where, if one is savvy enough, there can be continual discourse on the issue of child soldiers in Uganda, among other things.  Bringing violations and atrocities to light is generally the domain of the traditional media, but the impact of initiatives like this one are much different, and powerful in a different way.  The ultimate end-result is this – for a large group of people (youth in North America, predominantly), Joseph Kony has been ‘outed’.  There is worldwide attention, scrutiny, and general disdain of his actions, and the lack of consequences he’s faced.  This mass attention is a massive tool for fighting impunity, and in my mind, impunity is something worth fighting against.

Bring Kony to Justice, yes.

Stop Impunity. 2012.

Reparations: Not just a big word.

One of the biggest aspects of Transitional Justice - the concept of using justice measures to emerge from conflict into a peaceful society - is the concept of reparations.  Reparations, as the name might suggest, are measures that are taken to repair the harm of past injustices.  That's a broad definition, and is purposefully open-ended.  Often, an outside perspective sees the easiest way of 'compensating' for loss or harm is to give people money - that is the foundation of our normal, civil court systems.

But, compensation, especially monetary compensation, is really a limited method of resolving issues.  There is a tangible difference between ‘doing justice’ and ‘repairing harm’.  In fact, it is often the case that the Justice System is incredibly poor at repairing harm, especially in the criminal justice system.  Crimes are prosecuted by the state, and in most circumstances, victims have a very limited role to play – generally they are involved as witnesses, and not often as much else.  And, for anyone that’s been inside a courtroom, let alone participated as a witness, well, it can be a trauma of its own.  In fact, a major concern for reparation schemes is the issue of re-victimization – oftentimes, if processes are engaged in that are not empathetic to a victim’s situation, forcing a victim to participate via re-living past experiences can itself be a very damaging exercise.

So, the very first concern that a reparations scheme must work from is – what do the victims need?  A reparations scheme necessarily needs to be victim-centered, because you are not going to mend any wounds by simply throwing money at people.  Worse, there can be all sorts of other negative consequences of that.  Being victim-centered means being alive to the various and myriad wants, needs and expectations of people that have suffered in the past.

But, the very next concern is practicality.  It is all well and good to understand all the things that victims want, need, and deserve.  But, how is it going to be paid for?  And by whom?  That is a massive problem.  Even if a Government is willing to come forward and publicly acknowledge and apologize for its role as a perpetrator (see Canada), most governments would be bankrupted by the size and scope of some of the historical violations of human rights.

The final concern, taking the first two into consideration, is what measures will be taken to effectively meet those needs, in a financially feasible way?  Unfortunately, a lot of discussions about this turn to very academic and theoretical discourse.  They talk about the social utility of memorialization, or of collective, community reparative mechanisms.  In fact, in a lot of jurisdictions, a lot of pretty creative things have been tried – for example, in one situation, a community was given a lump sum of money, a collective reparation, in trust, and was given the task of democratically deciding how that money was going to be used.  They could use it to build a school, divide it up, build roads, etc.  But you can only get so creative – meeting victim’s needs, and allocating from a limited pool of money are two things that never really manage to be ideal.  In fact, the question is not so much about what measures are going to be taken, but how the measures can be implemented without disappointing too many people.  It’s absolutely a sobering fact.

At a recent Reparations meeting with a variety of Civil Society Organizations, there were some really high level discussions on this topic.  The favored option was for collective reparations, as they tended to be more economically suitable – the main issue, one person argued, was that there needs to be constant, ongoing, and meaningful communication between the administrative body setting up reparations, and the particular community – that way the community feels a sense of ownership over the project.  It’s not just a school that pops up out of nowhere, built by a bunch of people they don’t know, but it’s a school that they build, they name, and they can feel pride in.  I felt good about that.

The next week, I attended a Grassroots Education Outreach with some of the community leaders from around Nairobi.  There were many different topics chosen, but one thing was clear – “we don’t want new roads, schools, or statues.  The Government always does that, and it’s the Government that has the cars to drive on the roads to go to the schools.  We want compensation.”  (That’s not a direct quote, but I think it went something like that).

There are two problems.  Well, there are probably many more than just two, but the two I think are key are:

1. The poorest and most vulnerable people tend to suffer the greatest violations.
2. There is a cultural, linguistic, empathetic barrier between academic elites and victims.

In other words, those least capable of defending themselves are often the most affected by conflict, and those most privileged with knowledge and training (and probably the least affected) don’t seem to understand, or perhaps lack the perspective to effectively connect with the victims.  And seeing as I belong to the latter group, there are things I want to avoid thinking:

1. That we need to practically come up with a scheme that will fit our financial constraints
2. That I think that reparations scheme X is best suited for victims
3. That there’s no point in giving impoverished victims compensation, just because they won’t know how to use it

As soon as I think those thoughts, I will be slipping into a patronizing mentality, and the chance for true healing is far, far away. 

In Kenya, we are unfortunately in that situation now, as ICJ Kenya, and a small group of CSOs are working to develop the entire reparations mechanism for past injustices in Kenyan history (dating back from 1963 to present).  The massive scope of the exercise probably necessitates a massive, comprehensive, and well-thought out reparations scheme.  The prospect that I may be able to make a significant contribution to this is an exciting opportunity for me, and will be a great experience.  But the fact that I have never had any meaningful engagement with any victims is worrisome.  How can I be responsible for a massive undertaking to provide assistance to people that I have never met, and never had the opportunity to understand?

It would be very easy to slip into a mentality of making decisions for people I don’t know.  And that is the heart of the issue here.  When you give something to someone because you feel sorry or obligated, but do not get to know that person, that, to me, is the definition of pity.  And pity is a poor motivating factor for positive social change.

I am not sure I know what the right balance is, but I’ll let you know how things go, and whether our attempt gets to a better balance than some other attempts.

Making the best of a good situation

I realize that I've been quite lackadaisical with my blog updates.  I apologize.  I think I underestimated the amount of thought, insight, and time that is required for successful blog entries.  For me, all those things are in short supply these days.  But that's not necessarily a bad thing, at all.

As mentioned in the last few posts, 2012 has started rather intensely.  There have been developments all over the place, which has led to ICJ Kenya being loaded up with work from all different angles.  Luckily, we've had the pleasure of taking on a couple of new hires to the team.  But there was no honeymoon period - they were marched straight into the trenches and are already being ferried around the country, giving seminars, doing community outreach, and all the other festivities that we call 'programmatic activities' over here.

The new team members are going through precisely what I went through 5 months ago.  Time flies.  But it is worth noting - I came to an organization that has been in existence for over 50 years, and, over the last 20 years, has established itself as close to the best Human Rights NGO in Kenya, and definitely a leading NGO in the East African region.  That is pretty impressive stuff, and wasn't lost on me in my first few days here.

Put yourself in my shoes for a moment.  You are one year out from law school, and have spent that year working at a large general practice law firm in Alberta.  You went into law school on the premise that you wanted to help people, and you have a mild, but naive interest in human rights work.  You go to law school at the University of Alberta - one of the best law schools in Canada, known for building practical knowledge of law.  There are only three professors who teach topics on international law, and only one course in international human rights law.  You take that course, but ultimately, after three years in law school, it is unclear how to actually find work in the human rights field.

You graduate and go on to work at a law firm known for its links to the community, and for taking on cases that are socially relevant.  That is great, and you get to work on some interesting files, but most of the files you work on are insurance defence files.  That is a long way away from promoting and protecting human rights.  And, after all, a law firm is a business enterprise, not a public interest forum.

Now, after all that, you get an absolutely wonderful opportunity - an internship program specifically designed to help young lawyers get their foot in the Human Rights door.  Great.  Even better, it's in Kenya, and they've just made a new Constitution, and they like speaking English.  It's ideal.

You show up in Kenya armed with a mosquito net, the vague idea that human rights are universal, and your spare copy of 'public international law for students'.  You know that in 2007 Kenya had a lot of conflict associated with their elections, and that Kofi Annan had to step in and negotiate a deal.  You know that many people died, and many more were displaced from their homes.

Then you get whisked off all over the country, to monitor the Truth, Justice and Reconciliation Commission, and get a massive dose of reality.  You also get asked to help design a legal aid scheme and a reparations policy for the entire country.  That's a little bit different from getting an order for substitutional service in chambers, and writing a research memo on injunctions for a case involving condominium boards.  Don't get me wrong - domestic, 'normal' legal practice is one of the most important jobs in our society.  But for me, armed with basically no practical knowledge of international human rights affairs, it was a little bit intimidating, to say the least.

One of the biggest hurdles to get over was the fact that this was an established organization, with great legal minds and sound administrative structures - how was I going to make a meaningful contribution?  Turns out that contributions come in all shapes and sizes.  I didn't exactly come to Kenya to engage in web design, but it turns out that my work on the ICJ Kenya website will probably have the longest lasting impact with the organization (depending on how my work on the reparation policy goes...can you imagine designing a policy for repairing harms to victims that were suffered from 1963-present day?  If you can, let me know, I could use the help, especially since it's due in less than a month).  And, slowly but surely, my knowledge of human rights issues, transitional justice, and international criminal justice grows on a daily basis.

More than that, my appreciation for the issues here in Kenya has been growing immensely, and often not from the work, per se.  I had a chat with one of our new employees.  He's the definition of a friendly giant - big guy, soft heart.  We were having a conversation about corruption and integrity of political leaders.  I wanted to know if things were getting better - they seemed to be, given all the major reforms that Kenya was undergoing.  He chuckled at that.  Then he told a story about his old roommate's fiancee.  She had been at a party with a local MP in attendance.  He took a fancy to her.  She told him she was engaged.  He pursued her further.  She almost literally ran out of the party, phoning her fiancee to ask for a ride home.  They found her body the next day - she had been thrown out of a moving vehicle.  They contacted the police, gave statements, and hoped that the police would track down the perpetrators.  The story ran in the newspapers.  The next day, the Police Commissioner informed the media that he was taking over the case.  In two days, he gave a statement that it was a road accident, she had been hit by several different cars while crossing the street.  Somehow, there was no mention of the eye witness accounts, where people saw her body being dumped out of a car.

That happened last year.  That is what drives my colleague to fight injustice.

Impunity is a major issue, both here in Kenya, and in basically everywhere else in the world.  The truth is, part of the reason that ICJ Kenya is so busy is because the quantity and scope of major human rights issues are so large.  In a proper functioning society, there is no need for the human rights defender.  I am having an engaging experience because of it, but the work that I am doing has more than just academic importance.  I also have a passion to fight injustice, but have never experienced it on the visceral level as some of my colleagues have.

I may still be very naive about the types of evils that lurk around, but that doesn't change my job description.  I'm here to learn, to help, and to do my best to create a better functioning society.  Sounds like a pretty good plan to me.

Setting goals in an uncertain year

2012, in a lot of ways, will be an historic year in Kenya.  Let's hope that the historic moment is not marred by violence, corruption and controversy.  Work at the office has already become overwhelmingly busy.  There is going to be a lot of goal setting and priority juggling.  We are off on a 'Strategic Planning Retreat' in the first week of February, so that the office can take some time to plan for the year ahead, and so that the new faces can meet everyone and get a real sense of how ICJ-Kenya works.

In the meantime, the Kenyan situation forges ahead:

• The Kenyan High Court released its decision on when the Elections Date should actually be held.  It's quite an interesting situation, in actual fact - while the new Constitution of Kenya holds that all elections in Kenya should be held in August, this entire year is a 'transitional' year.  Which means that several major sections of the Constitution, including when the next election should be held, are unclear.  There has been considerable debate on the matter, from all sides of society.  CSOs have been urging for the 'direct' interpretation of the Constitution, and for elections to be held in August 2012.  The Independent Electoral and Boundaries Commission, which is the major administrative body in charge of setting up the elections, had stated that it would be impossible, from an administrative standpoint, to have the elections any time before December 2012.  On that note, an MP put a bill forward in Parliament, hoping to amend the Constitution (both on the elections date, and on the issue of the 1/3 gender requirement).  President Kibaki has come out and asked people to respect the 'full terms' of the elected officials, from the last election (which would put the elections sometime in March 2013).  So, inevitably, it remained for the courts to make the final determination.  If you need some bedtime reading, you can read the full decision here. It is an interesting decision, which ultimately refers to the 'Power-sharing' government that was set up by Kofi Annan as a means of ending the 2007 post-election violence.  One of the important aspects of the power-sharing agreement between the President and the Prime Minister was that neither one could dissolve the National Assembly without the express written consent of the other.  Otherwise, the terms of the two heads of state were to expire after 5 years (January 2013).  And, by the letter of the law, an election would have to be held within 60 days of either (a) the dissolution of the National Assembly, or (b) the expiry of the terms of the elected officials.  So, it turns out that the High Court agreed with President Kibaki (sort of) - the absolute latest date that an election could be held is March 2013, unless the President and Prime Minister agree to dissolve the National Assembly before that time.  An appeal of the decision has already been launched by a group of Civil Society Organizations (not including ICJ-Kenya), based on the argument that the Prime Minister (Raila Odinga), should not be in a position to determine the next elections date, since he intends to run in the elections himself.  I'll be watching this development closely, given the link between violence and human rights abuses and elections in Kenya.
  
• Almost concurrently, the Deputy Chief Justice of the Supreme Court of Kenya, Nancy Baraza, got mixed up in a tabloid-worthy conflict.  Allegedly, Madame Justice Baraza entered a busy, up-scale shopping mall in Nairobi in order to visit the pharmacy, but walked right through the necessary security protocols (each mall and hotel here has a security guard that will scan you with a metal detector).  So, the female security guard followed her inside to get her attention and to screen her.  Once the guard got the DCJ's attention, then conflict began.  DCJ Baraza got angry with the security guard for not recognizing her, pinched her nose, and, depending on the news source: (a) went to her car and got her gun to threaten the security guard, (b) took her own bodyguard's gun to threaten the security guard, (c) threatened to shoot the guard, with or without a gun, or (d) talked about something to do with guns, with no gun present.  In any event, it seems apparent that those actions were 'conduct unbecoming' of the second-most prestigious Judge in Kenya.  Since then, the Judicial Services Commission has investigated her actions, and has recommended that the President suspend her, and appoint a Tribunal to make a decision on whether she is fit to remain in service.  Despite numerous calls for her resignation, DCJ Baraza seems intent on fighting this to the bitter end, as she initially launched a court petition to block the suspension (which she ultimately lost).  This saga is ongoing.
  
• Perhaps most importantly, the International Criminal Court, on January 23rd,  released its decision on the confirmation of charges against the six Kenyans suspected of being the most responsible for the serious crimes arising out of the 2007 post-election violence.  Four out of the six accused individuals had their charges confirmed.  This means, in essence, that the ICC found sufficient grounds to confirm their charges, and to proceed to trial based on their links to substantial human rights violations.  Of the four confirmed, three of them are currently public officials.  Uhuru Kenyatta is the deputy Prime Minister, and the Minister of Finance, Francis Muthaura is the Head of the Civil Service and Secretary of the Cabinet, and William Ruto is the Member of Parliament for Eldoret North.  Both Ruto and Kenyatta are also presidential hopefuls.  From the sounds of it, Kenyatta has stepped down from his post as the Minister of Finance, and Muthaura has stepped aside from his posts.  But there are significant concerns of the roles that these gentlemen will play in Kenyan politics, especially with the upcoming (probably delayed) elections.  What is more hopeful, though, is the fact that the confirmation of the charges against these four is a massive blow against the forces of impunity.  There is a tangible sense that people responsible for major crimes, no matter how prominent the individuals are, will be held accountable for their actions.  The presumption of innocence notwithstanding, the fact that these cases are going to trial is a major step forward.  The two accused that did not have their charges confirmed - Henry Kosgey and Gen. Hussein Ali - are still, however, undergoing investigations by the Office of the Prosecutor.  In fact, the Prosecutor's office continues to do background investigations, which is also a positive sign - one of the controversies arising out of the confirmation stages was that major areas of violence - especially from the Kibera slum and in Kisumu - had been left out by the prosecutors.  Given the way that the ICC processes work, however, the Prosecutor is still able to investigate these situations, and bring them before the court, either as additional evidence against the 4 standing trial, or against the 2 that were not confirmed, in a new confirmation hearing.
  
• On a personal note, I have had an abstract of a paper accepted to the ANCL Annual Conference in Lagos, Nigeria.  The conference is on fostering Judicial Independence in Africa, and I'll be writing a paper on Judicial Independence in the Context of ICC prosecutions, using the decision of the High Court of Kenya to issue a provisional arrest warrant against Omar al-Bashir.  Exciting stuff!  Of course, now I have to actually get down to business and write the paper.

I am still following news in Canada with some interest, and things heat up with regards to the treatment of First Nations, Inuit and Metis people.  I am seeing the monumental changes occurring here in Kenya, and it is providing a very contrasting perspective with how things are developing in Canada.  Just because the label 'developing country' doesn't apply, doesn't mean that a country can do with a few positive developments.

The TJRC and Kiplagat - New Year, New Drama

Well, things did not take long in the new year to get interesting.  Bethuel Kiplagat, the Chair of the Truth, Justice and Reconciliation Commission (TJRC) of Kenya, went into his office, sat down, read a paper, and demanded that his employees gather up some reports for him.  Does that sound so bad?

Well, read this, this, and this.

Kiplagat, known as a human rights defender of some repute over the last few decades, was properly appointed the Chair of the TJRC when it was first created back in 2008.  Almost immediately, complaints began to surface about his appointment and other allegations started to arise.  There are allegations that he was involved in the Wagalla massacre in 1984. There have been allegations of inappropriate land deals that he brokered, as well as suggestions that he misappropriated funds.  At that stage, they were simply allegations, but given that he was to head one of the largest Commissions aimed at providing the Kenyan people with some form of justice and healing over past human rights abuses, you can imagine that even the faintest sniff that he may have been involved in human rights abuses of his own has serious implications to the credibility of the TJRC.

Initially, he denied the claims and refused to act on these complaints, but after some discussion he agreed to step aside.  A tribunal was formed to look into these allegations, which Kiplagat said he would comply with.  However, shortly after the tribunal was formed, he lodged a civil action in the Kenyan High Court, challenging the tribunals ability to look into his past, claiming that only 'current' issues from the time of his appointment were relevant.  Obviously, that delayed the whole process.

Eventually (and this is two year after the TJRC was formed), the TJRC moved on, and began to do its work without him.  Of course, this whole time, since he had merely stepped aside and not resigned, Kipligat was still receiving his monthly pay cheque.  More importantly, though, the TJRC had lost a significant amount of time, and a significant amount of support and credibility.

As for the tribunal - because of the delays associated with the matter being moved to the High Court, the lifespan of the tribunal expired.  And because the tribunal expired, it looks like Kiplagat thinks that he is free to return to work.With Kiplagat showing back up for work, it is again throwing the TJRC process and the work that they are doing under the radar, while people focus on the actions of the Chair.

ICJ Kenya, along with partner organizations called the Kenyan Transitional Justice Network, had some strong things to say about the matter (read more here), as did other major actors (read here).

There is a tangible and real sense that there are 'forces of impunity' at work, who are attempting to scuttle the TJRC process, which is just entering a critical stage, with its final report due in May 2012.  The TJRC has done incredible work to uncover the truths behind some of the skeletons in Kenya's past.  Let's hope that distractions like Kiplagat don't work to keep them in the closet.

A recapitulation of 2011 in Kenya, inter alia.

I have finally managed to secure reliable internet access.  (Thanks L & T).  So, it behooves me to try my best to give a nice, pithy review of some things that have happened so far, and what I expect to happen, moving forward.

First, let me break down a little of the burglary, which was an entirely unwanted Christmas present.  It highlights at least one of the realities of living in Nairobi, and with a lot of situations that I've run into (some literally), there's a story lingering behind it.

Nairobi has the unfortunate nickname of 'nairobbery', as you'll read in virtually every guidebook to the city.  But, generally speaking, if you don't engage in risky behaviour (i.e. venturing into slum neighbourhoods after dusk, with all your jewelry hanging out), you won't encounter many problems.  Our misfortune wasn't the result of a poor, disenfranchised person, looking to make a quick buck.  It was, as the police officer commented, a 'constructive crime' - one that took careful preparation, was done by someone within (or in conjunction with a tenant/security guard) the apartment complex and was done by someone who either could afford to live in the apartment, or ran in the same circles.  They knew our movements, and they had easy access to our apartment (i.e. they didn't force the door open, so they must have had a key).

But the day of the burglary was an interesting day in itself.  Emily and I had planned a trip to Zanzibar leaving on Dec. 18th, but had to postpone it until the 21st because I was shortlisted for an interview at ICJ Kenya (!).  So, that morning, I suited up at went to the interview.  At the same time, Emily and ER, our friend who was visiting from Dar es Salaam, went to the Kibera slum, to check out a clinic that Emily will be volunteering at.

We reconvened in the afternoon, and debriefed.  I was stoked, because I thought the interview went well (one of the interviewers made a huge checkmark on his sheet, for je ne sais quoi).  The girls were stoked because they had had a really cool time in one of the poorest neighbourhoods in Africa.  So, I tossed out the idea of celebrating, and having a bit of a farewell dinner (since we were slated to leave early the next morning) at a Japanese Restaurant.  And so, in that little 3 hour window while we were out having dinner (it was largely unsatisfying...imagine), the thieves struck and our plans changed.

But, despite that, the sting of the losses was tempered by, most importantly, the support and kindness of the friends and family, a nice, short trip to Jinja, Uganda to visit a good friend, and the news that I had been offered a job at ICJ!!!  So, there are a lot of positives to look forward to in 2012.

However, 2011 was definitely not defined by that one instance of criminal activity.  In fact, the past 3 months have been crammed full of amazing work, immersive experiences, and wonderful friends.  Here are my top three experiences so far:

1. Workshop facilitation in Eldoret - Simultaneously the most embarrassing situation I've been in yet, and also the one that I probably learned the most from.  I had been told by the Programme Officer from the Access to Justice Program that I was to help another organization with a workshop for CSOs on the upcoming Vetting of Judges and Magistrates.  There was even a chance to appear on radio!  It sounded great, but early on it was cancelled and rescheduled to a time that I could not attend.  That was a bit disappointing.  Then, one day, while we are eating lunch, the PO comes to me and says 'Josh! Emergency!'  The workshop had been rescheduled to the following day.  Which meant that I had to fly to Eldoret at 630am.  It also meant that I had to prepare a presentation in less than 24 hours.  That was ok.  Then I was sent the itinerary.  While I had thought that I would make a presentation, turns out that I was to be the 'facilitator'.  Which meant that I was slated to give about 3 hours of presentations and discussions.  Whew.  I sure didn't sleep much that night - luckily I wasn't working from scratch, and could pull a lot of material from pre-existing work.
   
   I arrived in Eldoret, was ferried to the hotel and was the whole time going through my presentation in my mind.  As soon as I arrived at the conference room, I started to suspect that something was wrong.  There is a small but significant difference between 'CSO Workshop', and 'Grassroots CSO Workshop'.  I had just prepared 3 hours worth of academic, legalistic, technical material, only to find out that my audience were rural community members, who were involved in a multitude of advocacy work, including one that facilitated inter-tribal soccer matches.
   
   Not only that, but I also learned that a presentation in Kenya has an entirely different system than in Canada.  At home, a presentation is a lecture.  Here, I suppose you could call it an 'interactive teaching session'.  You tend to judge the success of your presentation based on how often people murmur in agreement with what you're saying.  Anyways, like any good mzungu would do, I soldiered on, and fired into my first presentation.  It soon became apparent that I was (shockingly) boring.  So I had to change tactics, rethink the entire rest of what I was going to present on, and just wing it.  There were flip charts, and group activities, and lots of interaction.  I was well-assisted by the hosting organization, who had taken a little pity on me after the way I started it off.
   
   In the end, I think it was helpful for the CSOs, and I know that I learned a lot.  I also felt quite professional, dressed in a suit and from to and from Eldoret in the same day.
   
2. Lodwar - If you haven't read the blog post, it's HERE.  It's still one of the most visceral experiences I've ever had.  The land was hot and dry.  The was an intense drought and associated famine.  The TJRC hearings highlighted some of the historical and ongoing violence with the surrounding communities.  And the whole thing shifted my perspective of Kenya.
   
3. Christmas in Jinja - After all the madness of the burglary subsided, I realized that, despite the fact that we had to cancel the trip to Zanzibar, I still had a massively important thing to do - leave Kenya, in order to renew my Visa.  So, on short notice, I contacted my friend (basically my surrogate Ugandan Mother), who was visiting her brother in Jinja, Uganda over the holidays.  Graciously, her brother invited us to stay in his house over Christmas, and celebrate the holiday with his family.  We accepted.
   
   Before that, though, we had to make it to Jinja.  Silly us - we trusted our guide book, which told us that a certain bus company (Akamba) had been in business for 50 years (true) and was one of the most reliable bus companies in East Africa (unfortunately false).  The guide book was written in 2009, so, from what we were told, things have slid in a huge way over the past 2 years.  The bus trip to Jinja was supposed to take around 10 hours.  20 hours, and 3 buses later, we arrived.  Yes - the first bus, after picking us up 5 hours late, broke down after 4 hours of driving.  This wasn't entirely surprising, since within minutes of picking us up, we stopped at the bus garage, and random welding and banging commenced, while we were still on the bus.  Also, the exhaust system somehow was directed to pump an extremely unhealthy amount of exhaust into the passenger carriage.  Yum.  After it broke down, we waited for an hour, for another bus to come.  This one was in better shape (somewhat).  Too bad they forgot to fill up the gas - it ran out of fuel after about an hour.  The third bus managed the trip, in the blistering hot noon-day sun, and we arrived in beautiful Jinja filthy, stinky and relieved.
   
   The visit itself was remarkable.  It turns out that Mr. Mutebe has 10 children, as well as around 4 other guests, in a (very) comfy bungalow house.  The fact that they cleaned out an entire room for us meant that all the children were double-bunking.  Yet, contrary to what probably would have happened in a North American household, the family told us that 'this was the best Christmas ever!!!' (probably high on the melted chocolate that we brought over), and really wanted us to stay longer.  Every guest is a blessing, they told us, and they treated us like royalty.  We had a wonderful, relaxing time, and got a first-hand look at some of the intricacies of a Ugandan household.  Although, perhaps they got the better end of the deal, since in the fit of an engrossing conversation, I may have promised them my first-born child.  We'll see how that pans out.

Obviously, there have been tons of other wonderful experiences over here (seeing baby elephants, feeding giraffes and climbing to a volcano being up there).  Mostly though, I'm thankful that the work has been engrossing, and that I have met so many interesting and inspiring people.  I hope you all, in your own way, had a nice, exciting/relaxing holiday, and are ready to start 2012 fresh and stoked for a good year.

Holiday season - the halfway point: what has happened and what is going to happen (Draft)

This was supposed to be a long post about what I've done so far, what I have enjoyed, and especially a bit of a predictive look at what to expect in 2012.

Well, I can report that on Dec. 20th, my apartment was burglarized and my valuables were stolen.  Chief of which was my laptop, which had all the important information that I was going to pass along to you.

So, the Christmas break was a mixture of dealing with the police, decompressing after the infringement of having our abode broken into, and trying to readjust our plans. 

As a silver lining, I have been advised that I have a job offer to work with ICJ Kenya, so hopefully I can arrange things properly, and make the most of this opportunity!!

Hope you all had a good holiday and a happy new year!

Beaches, Bashir and Democratic Transitions

So the 2011 Annual Jurists' Conference has wrapped up.  It was a complete whirlwind.  I'll try my best to sum up what happened over my time there, but I can say for sure that it was jam-packed with so much work, and so much intense issues, and so much beautiful weather, that it would be difficult to capture the whole thing in one post.  I've added some pictures, but even with the extra thousand words they add, it's still probably not enough.

Day 1:

The drive to Malindi started at 6am.  Bleary-eyed, we bundled into the van, to start our 8-hour drive to the coast.  In Nairobi, it was a chilly 24 degrees.  As we moved east, it got progressively hotter, until we reached Malindi, which was closer to 35 degrees.  It was entirely unnecessary for me to bring most of the clothes I did.

On the drive, we passed rally cars entered in this race.  Most were obviously in pit stops, and just hanging out.  But after few kilometres later, we hear a loud motor in the background, and one rally car passes us.  Driving on the highway. In traffic.  Well, turns out our driver is better at navigating the Kenyan traffic than this rally car racer, and we overtake him.  Driving in a van loaded with hundreds of pounds of books, merchandise, and me (and I'm fairly substantial).  Eventually the rally car pulled away from us, since it (a) was a straight stretch with no oncoming traffic, and (b) it was in a race, and we weren't.  That was pretty much the highlight of the day.  We arrived (safely, no donkeys), unloaded our cargo, sweated, and went to bed.

[This happens today, but I don't find out until later]

Day 2:

Day two started with a run on this beach:

The run was good.  Sweaty, of course.  But well remedied by a dip in the ocean.  The Indian Ocean is unbelievably warm.  It was like a salt water bath.  For those of you who know me, I loved it.

After the morning exercise, we went back to the turtle bay resort, and set up the conference room, and got all the publications, merch table and administration desks set up.

For anyone who has done event coordination in the past (my past history is with this), you'll know that everything takes longer than expected, that it's uncharacteristically stressful to do simple things like put t-shirts on a table, and you are guaranteed to finish the day late, grumpy.  This was no different, except it was in a tropical paradise. So I didn't stay grumpy for too long.

Day 3:

After my morning ritual (run, swim in the fantastic ocean, somehow persuade myself to stop), the conference finally starts.  And starts relatively on time.  Over 100 jurists from Kenya and abroad attend the event, so the conference is at full capacity.  The conference is themed on Electoral Reforms, looking at various areas of elections (including things like Electronic voting, security sector reform, constitutional guarantees, among other topics), with a particular focus on the challenges and issues leading up to the 2012 Kenyan elections.

The first, opening talk was given by the (Ret.) Honourable Albie Sachs.  Of course, crisis! We didn't prepare a 'bio' for him, so our chairman had nothing to introduce him with.  I scrounged up a bio for him, terribly handwritten, and passed it to the ICJ Kenya chairman, as he was standing up to begin the introduction.  I think it went well, but I'm sure I raised a few eyebrows with one of the facts I included in the bio: Mr. Sachs was the deciding judge in the landmark South African Case where it was found that defining the legal definition of marriage as being between a man and a woman was unconstitutional.  I thought that was pretty awesome, but not necessarily everyone in Kenya agrees with me.

But otherwise, his bio reads like a movie plot.  Freedom activist from age 17, human rights defending lawyer during apartheid, exiled from South Africa because of his work, survived an assassination attempt, but lost part of his arm, helped enact the new South African Constitution, and was appointed to the Constitutional Court as a judge by Nelson Mandela.  Read more here and here. Inspiring talk about his struggles, his successes, and what he considers the essential facets of successful electoral reform.

I ran into him over tea, and (very) briefly chatted with him.  As is my M.O., the conversation was awkward and full of uncomfortable pauses.  But, really, I'm a bit rusty in the 'making small talk with renowned human rights defenders' department, so give me a break.

Day 4:

The conference continues.  The focus today was on making sure elections were in line with the Constitution. But, to be honest, my focus was not on the conference today.  This was the day that things really heated up about the Al Bashir Arrest Warrant issue.  The press were around, and our Executive Director, George Kegoro, had one foot in the conference, and one foot trying to deal with the media about the fallout of the case.  If you aren't aware of what happened after the Kenyan High Court decided to issue the arrest warrant against Al Bashir, well, read here.

Needless to say, in addition to the conference, there was a lot of scurrying around and research going on about the Al Bashir Decision.  It was also a major topic of discussion, especially since the judge that issued the decision was also attending this conference (which may not have been the most savvy move).  But it made life in small talk land a lot easier for me, as everyone had an opinion about the matter, and once you break the ice, well, lawyers like to talk.

It's a pretty fascinating issue.  Kenya has already tried to get out of its obligations with the International Criminal Court, when it found out 6 prominent Kenyans were to be tried at the ICC for connections to the human rights violations that occurred during the 2007 post-election violence.  The ICC arrest warrant against Al Bashir is the first time that the ICC has attempted to prosecute a Head of State, which raises all sorts of interesting issues about State Immunities and similar things.  Of course, Al Bashir categorically rejected the arrest warrant, claiming it is a western plot to control African countries.  In a sense, he's partially correct, since (up until the Khmer Rouge case), the ICC has solely brought charges against African nations.  Based on that, Sudan, Kenya and other African Union members agreed not to cooperate with the ICC.  Hence the reason Kenya tried to rescind its obligations when the 'Ocampo 6' where brought to the ICC.

Now, with this court case, the ICC arrest warrant is given legal traction in Kenya.  In effect, Kenya has created an arrest warrant for Bashir, based on the ICC arrest warrant, and if he ever ventures into Africa again, he will be arrested.  The judge has essentially ruled that Kenya's international legal obligations, ensured by the new Constitution and the International Crimes Act, trump issues of diplomacy and informal agreements within the African Union.

It's an important development, and really shows just how much of a political agitator one small civil society organization can be.

At the end of the day, there was an organized boat ride for all the participants.  We went around in dhows and glass-bottomed boats, riding around near mangrove forests, and just generally relaxing after a long day.  The boats took us to Sudi Island, where we were greeted by a sandy paradise, Dawa, and some of the most amazing grilled meats, fish, prawns and octopus I've ever had.

Day 5:

The last day of the conference was very relaxed.  A young Zimbabwean lawyer, who I befriended over a bunch of dawas, gave a nice talk about security sector reform.  Afterwards, a bunch of IT people talked about the possibility of e-voting.  The lawyers were all very excited about this.  I was especially excited about the solar-powered laptop that cost KSh 23,000.

I went for an afternoon swim, and thoroughly enjoyed dinner, drinks and chats with colleagues.  I was sitting at a table with three judges from Swaziland, including Judge Thomas Masuku, who was fired for allegedly 'insulting' the king of Swaziland, and other trumped-up charges (most of which were dropped in an incredibly irregular disciplinary hearing).  The other judges, out of solidarity, resigned or went on strike.  It's actually a massive deal, but I never even would have known about it if I hadn't met them.  Interestingly, the conversation definitely wasn't heavy - mostly we spent dinner joking about some of the ridiculous cases of failed communication in court.  Very lawyerly, but still hilarious.

Day 6:

Woke up way too early, and drove back home.  The drive took 8 hours, but because of traffic jams, once we got to Nairobi, it took me 4 hours to get home.  I'd rather be back in Malindi.

For now, though, back to work.  Christmas is coming, and other exciting things/people!

Greetings from Malindi

Well, thanks all of you for reading along.  I am working on a nice post about institutional reforms in Kenya (scintillating, I know).  But, while I was working on it, this happened: http://ow.ly/7I6tO.

Long story short, one year ago, the President of Sudan, Omar Al-Bashir paid a visit to Kenya.  Al-Bashir has an outstanding case in front of the International Criminal Court, for his part in all the atrocities that have been happening in Sudan over the last...well, decade.

ICJ Kenya, when they found out that Al-Bashir was in Kenya, immediately applied for an arrest warrant for Al-Bashir.  Well, the judgment coming from that petition took a year, but from the sounds of it, the court made the correct, if tardy, decision.  If Al-Bashir ever enters Kenya again, he will be arrested.  That is a very, very interesting development in international Criminal Law, and is a fantastic positive move towards combating the scourge of impunity (that is, the fact that so many dictators manage to violate so many human rights, and then never face any consequences).

Enjoy reading about this issue, and I would suggest reading a bit more about the background of the terrible situation in Sudan.  After that, I should have another post for you!

Solidarity: Moving Ahead to Meaningful Change

I attended a meeting and press conference a week ago about police reforms.  Above is the picture from the press conference, which shows me joining in the slogan at the end of the meeting (didn't know exactly what I was saying), and, oddly, with a light fixture over my head, slightly reminiscent of a halo.  I will not read into that in any great detail, mind you.

The issue of reform is a very hot topic here.  The 2007 post-election violence, in a lot of ways, was a major catalyst in the reconsideration of how public institutions were set up in Kenya.  The first step was constitutional reform, although this had been at the top of the list sometime, with a 'first draft' new constitution failing to be enacted in 2005.  With the coming of the 2010 Constitution of Kenya, however, there is now a push for broad, sweeping changes in the institutional landscape of Kenya.

Those are very weighty and impressive words, but I think they also come with a bit of ambiguity and uncertainty.  What kind of reform are we talking about?  And how can such a huge amount of reforms take place, especially with an election looming in 2012?

A few of the major institutions that have been targeted for reform include:  the judiciary, the police, the electoral system, and county/local governments.

A very positive note has been the steps taken towards Judicial reform.  Unfortunately, the Judiciary has been regarded skeptically in the past, plagued with issues of corruption, inefficiency and incompetence.  With the new Constitution, major changes are occurring, first with the establishment of a new Supreme Court, and a new law for vetting all judges and magistrates.  In fact, I'll be travelling to Eldoret to participate in a live radio talk show about the vetting procedures, as well as a public forum, in an effort to engage the public and educate them on what to expect with the whole process.  I am nervous.  I will try and get a podcast, or some sort of recording of the radio show and see if I can upload it.

Police reforms, and reforms in the security sector in general, are a vital part of ensuring a peaceful transition through the elections in 2012.  Often, the 2007 PEV is attributed, in part, to police activity.  That is, the police force was seen as a major instigator to some of the violence that occurred.  This was tied to issues of corruption and political influence over the police.  While this is true, I think an important thing to realize as well was that the police were massively unprepared, underfunded, and under-equipped to deal with the conflict and problems associated with the elections.  While the conversations about police reform often focus on removing the 'bad eggs' from the police force, and vetting other members to ensure the integrity of the institution, I think it is also just as important to make sure the police force has the proper training and resources to ensure that members of the police force are capable of handling the types of problems that arise during elections, that they have proper education on human rights, and that they have appropriate salaries to make sure that taking bribes is less of a temptation.  The police force is often seen as being linked to violence from the State.  But it also has the capacity to keep peace, order and security.  How these police reforms are carried out will provide a good measure of how effective Kenya's institutional reforms are going to be.  I am excited to be a part of developing a toolkit, with other CSO partners, for the police vetting board to use in order to ensure that the process is carried out properly.

Electoral reforms is also a massive topic.  Poorly regulated elections processes, especially with regards to monitoring political parties and the strategies that they used to elicit votes have been a flashpoint for violence.  This is a focus of the 2011 Annual Jurists' Conference, which happened last week and which I will finish blogging about soon.  Stay posted!

Finally, Kenya is making a move towards a 'devolved government' scheme.  I haven't fully had a chance to work out the details of the scheme yet, but I am getting the sense that it will be somewhat similar to the idea of division of powers between the Federal and Provincial Governments in Canada.  It's not a Federal system, however, so I'll have to get back to you on that matter.

Anyways, I recognize that that was a fairly dry post, about legal happenings going on here.  However, I hope you understand the gravity of the situation here.  Kenya is in a transitional phase.  And the government, despite some of the bad press it is getting, and the relatively irrational decisions (for example, the incursion into Somalia for reasons not quite known) it can make, has been diligently trying to implement this new Constitution.  Nobody wants a repeat of the 2007 tragedy.  And the attitude is very positive that Kenya can set a great precedent for the entire continent  in terms of successful institutional reform.  Legally, very exciting times.  Hope you think so too!