Kenya Security Laws (Amendment) Act, 2014

President Uhuru Kenyatta assented to the Security Laws (Amendment) Act, 2014 (archived pdf here). Despite widespread opposition from a large section of the Kenyan public, amendments therein are now the law of the land. The law itself is a mixed bag. There are some good parts that are meant to streamline the criminal justice system. But there are other parts that will certainly be abused by politicians and over-eager security agents, and could lead to a drastic reduction of civil liberties in Kenya.

This is how the bill was passed:

[youtube.com/watch?v=lc0F7AG-3to]

Members of Parliament and Sergeants-at-Arms guard House Speaker Justin Muturi as he reads the motion to pass to the bill.

Civil Society groups in Kenya, and a section of Members of Parliament, have vowed to challenge the constitutionality of the Act in court.

Will the challenge succeed? The simple answer is I don’t know. The Kenyan Supreme Court leans to the right, and is likely to defer to the executive (and its allies in the legislature) on matters related to security. Plus my bet is that if you polled the law a good chunk of Kenyans would support it. It targets “terrorists” and “criminals.” The mainstream churches in Kenya have also come out in strong support, in no small part because suspected terrorists have made a habit of attacking packed churches along the Kenyan coast.

The judicial review process is unlikely to set aside the entire statute. The petitioners will be better served to focus on key clauses that are unconstitutional and ask the judges to strike those out. But I should reiterate that the judges are likely to defer to Parliament and the executive on this one.

From a legislative studies perspective, what is worrying is that in order to get the law passed  State House essentially told the National Assembly, “Trust me. I need these powers to secure Kenyan lives and property. And I will not abuse them. Trust me.” And then Parliament capitulated. There was no debate over the State’s total failure to use existing laws to prevent and/or deter crime. Or the corruption and gross ineptitude that ails the security sector. Instead the executive was rewarded with even more power, secrecy, and ability to silence criticism from the media. All open to cynical abuse.

What Parliament forgot is that that there are no good politicians; only constrained ones. And that if unchecked anyone and everyone will abuse power. It doesn’t matter whether they are Pol Pot or the Pope.

Museveni: UN missions stifling state capacity development in Africa

The Daily Nation reports:

Ugandan President Yoweri Museveni has said UN peacekeeping missions [especially in the DRC] are derailing efforts by African governments to end conflicts.

He criticised the UN system of peacekeeping saying: “External support by the UN makes governments lazy and they don’ t focus on internal reconciliation.”

“The mistake is internal actors with no correct vision and the UN which does not focus on internal capacity building but instead focusing on peace keeping all the time. Without the internal solutions, you can’t have peace, ” Mr Museveni said in a statement on Thursday.

Some Congolese and experts on the DRC may disagree with Museveni’s analysis but it has some truth to it. As I pointed out in an African Arguments post several months ago, there is no short cut to fixing the Congo. State capacity development must be THE overriding concern (for more on this see here and here).

Also, The International Crisis Group has a nice piece on the recent takeover of the mining town of Lubumbashi by Mai-Mai fighters. The writer notes:

Since President Joseph Kabila’s controversial election victory in November 2011, government control over DRC territory has been in drastic decline. Beyond the fall of Goma to the M23 rebellion, Kinshasa has failed to repel the activities of various other armed groups: the Mai-Mai Morgan in Province Orientale, the Ituri Resistance Patriotic Front (FRPI) and the Mai-Mai Yakutumba in South Kivu, Rayia Mutomboki in North and South Kivu, as well as the Mai-Mai Gédéon in Katanga. (On the eastern Congo armed groups, see the October 2012 briefing Eastern Congo: Why Stabilisation Failed. On the Katanga armed groups, see the report Katanga: The Congo’s Forgotten Crisis.)

The potato beats Maize, and most other Old World staples

The price of maize in Kenya and the rest of east Africa has hit the roof. The wider Horn of Africa region is currently experiencing its worst drought in 60 years, with thousands of refugees streaming into Kenya from Somalia every week.

10 million people in the wider Horn of Africa region are at risk. Kenya is already planning on opening a third refugee camp (besides Dadaab and Kakuma) to accommodate Somali refugees fleeing the famine.

Africa is the last major world region yet to experience a green revolution. Subsistence agriculture, in my view, is the culprit. Governments in the region must seriously come up with plans to consolidate and commercialize agriculture asap.

Having upwards of 70% of people dependent on subsistence agriculture is simply not sustainable. Period. To paraphrase Adam Smith, specialization determines the extent of the market AND the complexity and size of the economy. [italicized text mine]

As the region mulls over its agriculture and food policy it might help to consult Nunn and Qian’s new paper in the latest QJE. The paper makes the argument that the potato beats most of the Old World staples as far as a balanced supply of nutrients and calories is concerned (p. 604-5).

Maize is unable to rival potatoes in terms of nutrients or calories. It produces significantly fewer calories per acre of land. Moreover, humans are unable to subsist on a diet that is too con- centrated in maize. Significant consumption of maize is associated with pellagra, a disease caused by niacin deficiency. The effects of pellagra include skin, digestion, mental disorders, and, if un- treated, eventual death. The disease was first observed in the 1730s in Italy and even today continues to affect poor populations with diets that rely too heavily on maize. A second adverse effect of a corn-heavy diet is protein deficiency (Messer 2000a).

Sweet potatoes are also nutritious and produce similar amounts of calories per acre of land as potatoes, but they differ from potatoes in two important ways. First, the archaeological evidence suggests that sweet potatoes, transported by Polynes- ians, reached the Old World long before the European discovery of the New World. For many countries in our sample, their impact would have been felt as early as 1000 (Hather and Kirch 1991). Second, a close substitute to the sweet potato, the yam, already existed in the Old World (O’Brien 2000). Yams are broadly simi- lar to sweet potatoes in terms of both nutritional content and the requirements for cultivation. Many regions that were suitable for cultivating sweet potatoes had already cultivated yams when the former were introduced.

The New World staple, cassava, which is also called manioc or yuca, also provides abundant calories. But its deficiency in pro- tein and other important nutrients causes it to be a less “complete” food than potatoes (Cock 1982). In addition, because cassava con- tains toxic cyanogenic glycosides (e.g., cyanide), failure to properly prepare cassava causes konzo, a neurological disease that causes paralysis.

of african IDPs

I could not miss the irony. African leaders will be gathered in Kampala, Uganda (19th – 23rd Oct.) to come up with a mechanism to protect the more than 11 million internally displaced people (IDPs) on the Continent. IRIN touts this as a landmark move. But I beg to ask the question: Is anyone asking these leaders what is causing this internal displacement in the first place? Couldn’t we all be better off if the kleptocrats who run the Continent were not into stealing elections, emptying their national treasuries, marginalizing segments of their populations and in extreme cases committing acts of genocide? Wouldn’t it be cheaper to not have IDPs in the first place?