Sunday, April 10, 2011

Lessons from the International Criminal Court (ICC) at the Hague


In an earlier blog I had intimated that we get the leaders we deserve, especially in a country like Kenya where we have had the privilege of voting since 1963. I can almost hear the drowning shouts of ‘it is a right’. Well, not so fast. It hasn’t been for many countries in Africa and other places and there can’t be people who know this better than Kenyans, who have hosted refugees from almost all countries in Africa from the 1960s through to today. And this reality came closer home not only in 2007/2008 but at other times in our history when people have lost their lives in what has been referred to as ‘land’, ‘tribal’ clashes, close to election times. Do I have to mention 1992, 1997 etc? And as I watched the TV last week; dominated by the ICC as well as the ‘shouting matches’ from politicians, prior to the hearings at the Hague, I was spurred to go back to expressing some of my thoughts, beyond the usual arguments, the humour in the Twitter and Facebook, because I still believe that we have a responsibility to work hard for democracy.  It is a big responsibility for each individual and especially with all the politicking that has dominated the news in the last 3 months or should we say since Ocampo read the list to us, which can wear one down and kill the spirit.  So I decided to share my observations of the Hague process.

First of all, going to the Hague could be said to have been a good break for the 6 and their entourage of MPs, relatives and supporters. From their faces, one could read serious and sombre mood but one would say that their faces didn’t reflect stress and sense of urgency or fluster. Maybe it is my interpretation but there was a sense of calmness and serenity for that one hour in court. They were not mobbed by supporters, nor were they rushing from one meeting to another; they had their own space. I think they were really getting worn out criss crossing the country and at the same time doing their ministerial and other duties. They deserved a break, if you forget the ICC for a minute.

Inside the courtroom, for approximately one hour each of the 6 leaders had time to themselves, to think, reflect without any interference from anybody. They had the luxury of listening attentively, keen not to lose on any word the Judge said, despite the fact they had lawyers paid dearly to do this. There was no evidence of dozing during that one hour, in spite of any fatigue, jet lag or sheer boredom of listening to somebody else, especially a woman. For Uhuru especially, this was a new domain, there was no fellow politician or tribesman in the courtroom, making him even more alone than others.

Outside the court, there was a sense of freedom too and I imagine, from what I saw on television, a sense of independence while at the same time an air of dependence on people closest to them; family. I am not sure I saw bodyguards and brief case carriers, nor the usual hangers on and if there were, these belonged to another league. Our leaders were walking together, in an environment without pressure, which allowed them to feel, once in a long long time, like school boys and girls (of course it would have to be a national school) singing together those patriotic songs and even the National Anthem that really rallied them together as one. Some people have expressed their annoyance on them singing the national anthem, but these are innocent Kenyans, and indeed true Kenyans because the Hague had no ‘ubaguzi wa kikabila’ – no discrimination on tribal basis.
What then can we draw as lessons from the Hague and maybe other such visits in the ‘civilised’ (forgive me for our leaders when in Kenya haven’t displayed civilised behaviour) world.

The atmosphere in the courtroom indicated a sense of respect for the rule of law and respect for institutions. Leading the team on the bench was a woman, who ruled the court with authority that emanated from the respect given to institutions by the people for whom we have a ‘love/hate’ relationships who have been at times referred to as ‘foreign masters’. She was firm, with a warm smile on her face and she was surely in control not because of brutal force but due to knowledge and experience as well as the powers vested on her as a Judge of the International Criminal Court by the international community. Whatever different sides of the ‘information’ divide say, I cringe to think what would be happening at the High Court (inside and outside), on City Hall Way in Nairobi, if this was the venue of the Local Tribunal

Our leaders and even electorate shun women and even as we claim equality and equity, for a woman to take up leadership role she must be ready to take all kinds of insults and bullying, except of course if you are a member of the political dynasty or should we call them elite. A woman has to fight all the way, unless of course one can also consider the short cuts that can be availed by the male dominated hierarchy, which can at some point in time undermine your authority.

The majority of ‘our leaders’ in the Hague had to travel by bus. Tuliwaona! This would be demeaning if it had happened in Nairobi. Was it demeaning to be in a public or hired bus in the Netherlands? I guess not. It has been the case to for Hon. Anyang Nyong’o in California, who with his wife took it in their stride and was the usual for the time they were away in the USA. The other option of course was to hire a taxi, which is a mode accepted by a lot of us in Nairobi. Did this teach anything to ‘our leaders’ who have watched as the public transport system was systematically dismantled and the people of Nairobi have been left to what I call anarchy; traffic jams, mad matatu culture that pose perpetual danger to passengers. Don’t forget that it is possible that the majority of the workforce in the City of Nairobi walk to work. And we were supposed to be a ‘working nation’! Another question I would ask our leaders to reflect on if ever they get another hour to themselves is whether Kenyans due to their poverty (read Africanness or blackness) don’t deserve a self respecting public transport system. Remember, as I mentioned in my first blog article, we had a system, timed and well managed. Has it ever crossed our minds that ‘our leaders’ have contributed to the chaos both by sins of commission and omission.

Another thought for ‘our leaders’ when and if you get another hour of reflection would be on the court itself; not only the environment and the comfort it provided for them but the sense of ‘rights’ and the freedom to exercise these rights, the protection provided by the court, and the retinue of lawyers you are privileged to have. Has it ever occurred to ‘our leaders’ that Kenyans deserve the same rights, and are innocent until proven guilty.  What have they done to ensure this is the case for their constituents and for the nation as a whole as they discuss policy issues at parliamentary level? Have ‘our leaders’ taken time in the last 47 years to ensure that the laws protect the rights of African/Black Kenyans? Has anything changed since 1963 to ensure that Kenyans of all races enjoy the same rights? Maybe they should consider what a friend of mine once told me; that we need a new KSPCA which shouId stand for Kenya Society for the Prevention of Cruelty to Africans. I can ‘hear’ the loud response; the new Constitution. My issue is whether these same ‘leaders’ have the will and conviction to do this as it may undermine ‘privilege’ which is the hallmark of our political, social and economy system.

Another great lesson which confirms what I have always believed in and said (when I am given an opportunity) is that we haven’t had tribal clashes in Kenya and what happened in 2007/2008 was not Post-Election Violence (PEV), because we don’t have a political divide. The divide we have is an ‘Information divide’ which perpetuates and strengthens the economic and social divides. Why do I say this? As I mentioned earlier, it was evident at the Hague that ‘our leaders’ showed by action that we were a ‘united’ nation as they sang the patriotic songs and the National Anthem. There were no speeches in Gikuyu, Kalenjin nor Somali or Kimeru for that matter. The leaders went further to show our unity and national cohesion by wearing the ‘Ruto cap’, with the national colours; a great show of patriotism. That alone can be evident to the ICC that our leaders are united and there is no way they could have incited, fuelled or even sponsored such actions or atrocities. One would have to be mentally blind not to see.

But the greatest lesson of all was that, for once and for one hour, ‘our leaders’ could sit and listen and could depend on someone else to talk for them. Wow! Maybe if we had more of this our country would not be veering off to that rough path that can lead to ‘fragility’, ‘basket case’ or even worse ‘rogue country’. Maybe if ‘our leaders’ took an hour a week to be with themselves, in silence, away from the crowds, hangers on, sycophants, followers and perpetual leeches and ‘beggars’ from the constituency, we would have better policies, laws that protect Kenyans from disease, hunger and illiteracy. It would remove dependency as there would be institutions that would take care of implementing these policies, under a legal framework that ensures the rights of every Kenyan were respected and protected. And may be as citizens we need to take an hour, even if in one year to work on our democracy which faces many threats. Maybe it would provide time to think through in a coherent manner the bigger picture, not thinking in instalments or in a rickety manner that has landed us in the murk that we are in. We would not need to have to pay for ‘our leaders’ to seek medical care and justice in other countries who we have been struggling to convince that we are a sovereign state, because we either don’t have or we doubt the state of our facilities. And what a better starting poin; than having a minute to sing and reflect on the National Anthem?