November 18, 2013, NGUNJIRI WAMBUGU
(Wambugu is the Executive Director, Change Associates Trust)
The
United Nations Security Council (UNSC) made the decision that the
African Union (AU) request for a deferral of Kenya’s cases at the
International Criminal Court was not justified. Ironically, this
decision was made without a single country actually voting against the
request.
The countries that did not support the deferral just
opted not to vote at all, ensuring the bid did not get the nine votes
required for it to pass; while making sure that no one would be directly
blamed for it failing to pass.
Several local and international
Non-Governmental Organisations (NGOs) have joined the UNSC members who
frustrated Kenya’s bid in arguing that this was the best way forward for
Africa. They insist that had the request been accepted it would have
become like a red flag to the bull that is impunity African-style.
The
NGOs directly, and the UNSC abstaining members indirectly, argue that
the African Union is a ‘club’ of illegitimate Presidents who are
supporting the Kenyan deferral bid not for the sake of their citizens;
but as a means of self-preservation in case one day it is them on the
ICC radar. They argue that the AU Heads of State have no legitimacy to
represent African victims, because some are the perpetrators in the
guise of getting into power, which is through undemocratic means.
Some
of the NGOs also claim that President Uhuru Kenyatta is not in office
legitimately; because he manipulated the Kenyan electorate to the point
where ‘they did not vote in their own best interests’. They also argue
that the ‘tyranny of numbers’ of two tribes corrupted the democratic
process and gave Jubilee unfair advantage (one wonders what democracy is
if it is not tyranny of numbers!).
This is the basis on which
they will not recognize Uhuru’s Presidency, or the claim that his case
at the ICC is interfering with his presidential responsibilities in
Kenya. As far they are concerned he should not even be in office; and
maybe the ICC could be what ‘rights’ the ‘wrong’ that was committed on
March 4, 2013.
The unfortunate thing about these arguments is that
whereas the African Union does have some certifiable tyrants as
Presidents of some countries; at least one third of the continent’s
population elected their Presidents through electoral processes that the
entire world acknowledged as free and fair democratic elections.
President
Goodluck Jonathan of Nigeria; Jacob Zuma of South Africa; Seretse Khama
of Botswana; Alassane Ouattara of Cote D’Ivore; John Dramani of Ghana;
Macky Sall of Senegal; Ellen Sirleaf-Johnson of Liberia and Jakaya
Kikwete of Tanzania are some examples of Presidents legitimately in
office. Between them they preside over one in every three people in
Africa; or over 350 million Africans.
They all supported the Kenya deferral bid.
In
the Kenyan case we must acknowledge that Uhuru Kenyatta was not running
for President of Kenya unchallenged; that in fact his main rival Raila
Odinga is one of Africa’s most astute politicians; who knows every trick
in the book.
Uhuru’s victory was also challenged intensely by
both the NGOs and his political rivals; and Kenya’s highest court
confirmed it. That anyone can continue insisting that his presidency is
not legitimate, especially when even Raila has accepted him as Kenya’s
legitimate President, shows how insincere some NGOs are.
So the
UNSC and its supporting cast of NGOs are happier presenting the entire
African Union as illegitimate leaders, who do not know what is in
Africa’s best interests; because then they do not have to analyze why
legitimate leaders in Africa also supported the bid. This allows them to
ignore any decision made by all the 54 sovereign states, otherwise they
would have to respect some of them if they acknowledged their
legitimacy. (It would put them where America founds itself, when its
plans to invade Syria were challenged by Russia).
In addition,
de-legitimizing the African leadership helped the UNSC avoid having to
substantively consider the basis of the request for a deferral. The AU
stated that for as long as Kenya has troops in Somalia, an
internationally recognized terrorist haven; there is a risk of
heightened terrorism in Kenya and the neighbouring region.
It is
also stated that having Kenya’s President shuttling between here and
some European city on a regular, internationally accessible,
pre-arranged schedule, raises this risk to the stratosphere. These are
facts. However as long as they were raised by an ‘illegitimate’
continental body UNSC could pretend the concerns are not real.
The
message from Geneva is that Africa must her destiny. African must also
develop African solutions for African problems. Finally Africa must
challenge the power that the ‘West’ exercises over her. (Power does not
concede unless it is challenged). Africa must take power over her own
destiny, and make and execute decisions that help Africa. If we fail,
the ‘West’ will happily watch us self-destruct, and then pillage the
continent in the guise of rehabilitating us (again).
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