Padraig Colman

Rambling ruminations of an Irishman in Sri Lanka

Tag: justice

Reconciliation in Kenya Part 2

Last week I showed how the British colonized Kenya, depriving the indigenous people of their land and dividing and ruling by favouring different ethnic groups. The effects are still being felt in the 21st century.

Election violence
The toll of the 2007 post-election violence in Kenya included approximately 1,500 deaths, 3,000 rapes, and 300,000 people displaced.

This article appeared in The Nation on Sunday October 21 2012

 

Ethnic divisions, divide and rule
The Kikuyu make up 22% of the 2008 Kenyan population, the Kalenjin 12%. There are many other smaller tribes. British colonists forced the pastoral Kalenjin off their land to develop the Rift Valley agriculturally and brought in Kikuyu farmers to work as sharecroppers. Continued competition drove the two tribes apart.

White Europeans dominated politics and were at the top of the social scale. Asians occupied the middle levels of society, mainly involved in small-scale agriculture and industry, retail, trade, skilled and semi-skilled labor and the middle level of the civil service. Africans, the majority of the population, were mostly poor farmers and had very little say in how Kenya was run.

Land grabs

 
By 1948, 1.25 million Kikuyu were restricted to 2,000 square miles, while 30,000 white settlers occupied 12,000 square miles of the best agricultural land. Settler farming was subsidized and Africans were soon banned from growing tea, coffee, and sisal. Some Kikuyu were “allowed” to occupy land, which had been their homes, as tenant farmers in exchange for their labor. Kikuyu income fell by about 40% during the period 1936 to 1946 and fell even more sharply after that. After World War II, demobilized British officers flocked to Kenya, hoping to benefit from a comfortable lifestyle. There was a civil war among the Kikuyu because some Kikuyu managed to retain their land and forged strong ties with the British. Divide and rule.

Post-independence
After independence in 1963, ethnic tension persisted. Jomo Kenyatta, a Kikuyu, became president and Daniel Arap Moi, a Kalenjin, became vice president. After Kenyatta’s death, Moi took power and tightened his hold on Kenya through censorship and repression. In 1992, the first multi-party election took place. Moi won but there were credible accusations of fraud.

In December 2007, incumbent president Mwai Kibaki, a Kikuyu, won an election called “deeply flawed” by observers. The Kalenjin, who supported the opposition leader Raila Odinga, hacked to death Kikuyus who supported Kibaki. Kikuyus violently took revenge forcing other ethnic groups out of Kikuyu dominated areas.

Truth and reconciliation?
A political compromise was reached that saw the two conflicting parties sign a National Accord, following the mediation efforts by the African Union Panel of Eminent African Personalities chaired by Kofi Annan. The Truth, Justice, and Reconciliation Commission of Kenya (TJRC) has the ability to investigate gross violations of human rights, economic crimes, illegal acquisition of public land, marginalization of communities, ethnic violence, between 1963 and 2008. The TJRC does not, however, have the power to prosecute. They can recommend prosecutions, reparations for victims, institutional changes, and offer amnesty in exchange for truth for perpetrators who did not commit gross human rights violations.

Lack of retributive justice has been a source of concern for many Kenyans. There has been a long-standing culture of impunity. The US criticized the use of local courts to try suspects accused of perpetrating violence because of a backlog of hundreds of thousands of cases and a reputation for corruption. Some doubted the TJRC’s impartiality as some members were connected with the previous government and some faced corruption charges themselves.
The Commission has focused on justice in terms of recognition and distribution. Major conflicts in the past have arisen because of imbalances in power, land, and resources between ethnic groups and the Commission has addressed these issues. It has recognized the importance of educating the country about the history of violence.

What of Kenya today and tomorrow?

 
The Status of Governance in Kenya Survey released recently shows that 31% of Kenyans have not forgiven their perceived enemies but can tolerate them. Another 23.2 % said they can only forgive under certain conditions including justice being served. 6.3 % of Kenyans insist that they can never forgive.
In the Tana Delta region, more than 100 people were killed in August 2012 in fighting between the Pokomo and the Orma in a dispute over land and water. The killing in August of a Muslim cleric was followed by days of deadly riots in the city of Mombasa. Minister Ferdinand Waititu has appeared in court charged with inciting violence following a speech urging his Kikuyu constituents to chase away members of the Masai community. Increasing hate speech and outbreaks of violence all over Kenya indicate that the March 2013 election could be bloody.

Kenya has not healed. The Status of Governance Survey found that Kenya is still ethnically divided with 60% of respondents attributing this to historic injustices committed during the pre-colonial period and the subsequent abuse of power by successive political regimes.

 

– See more at: http://www.nation.lk/edition/international/item/11686-reconciliation-in-kenya-part-2.html#sthash.eVDa4bba.dpuf

 

The Arrest of Gerry Adams

This article was published in Ceylon Today on May 14 2014.

 

Colman's Column3

 

The police force of part of the UK arrested a member of parliament of a separate nation in connection with a crime committed 40 years ago. The PSNI (Police Services of Northern Ireland) arrested Gerry Adams, MP for Louth in the Republic of Ireland, under the Terrorism Act 2000, and questioned him for four days at Antrim police station. Adams leads the party that jointly governs Northern Ireland. He was one of the key brokers of the accord that ended what had been a brutal 30-year war.

 

They were investigating his alleged involvement in the murder of Jean McConville in 1972. The IRA dragged Jean McConville, a widowed mother of ten, from her west Belfast home and executed her, claiming that she was an informer. Her body was found in August 2003 buried on a beach in County Louth. Forensic tests showed she had been badly beaten and shot in the back of the head.

 

Adams said: “I believe that the killing of Jean McConville and the secret burial of her body was wrong and a grievous injustice to her and her family”. The PSNI released him without charge.

 

Boston College

 

Boston College interviewed several former paramilitaries about the Troubles on the understanding that they would not publish transcripts until the interviewees were dead. PSNI subpoenaed Boston College in 2011. A provision of US law forced them to hand over the evidence, which they did after two years of legal battles. A court last year ordered the project to hand over the tapes to PSNI.

 

Ed Moloney and Anthony McIntyre ran the project. McIntyre is a former IRA life sentence prisoner. Moloney is a Belfast journalist who published A Secret History of the IRA, twelve years ago. Moloney revealed that in the early 70s Adams had established a unit in the Belfast IRA called the “unknowns”, which conducted several “disappearances”, including that of McConville.

 

Adams and the IRA

 

In interviews for the project, two former IRA operatives, Brendan Hughes and Dolours Price, confessed to involvement in Jean McConville’s murder. When former IRA commander Brendan Hughes, died in 2008 it emerged that on the tapes he alleged that Adams was a senior IRA leader during the Troubles and had ordered Mrs McConville’s killing.

 

Adams said: “Both Moloney and McIntyre are opponents of the Sinn Féin leadership and our peace strategy and have interviewed former republicans who are also hostile to me and other Sinn Féin leaders.”

 

Moloney says: “…the Sinn Féin leader chose to lie about his past, saying he was never in the IRA. That claim is so absurd, and to many of his former comrades so hurtful, that some were bound to protest.” Brendan Hughes in his Boston interview: “[When Adams denies IRA membership] it means that people like myself … have to carry the responsibility for all those deaths, for sending men out to die and sending women out to die, and Gerry was sitting there … trying to stop us from doing it? I’m disgusted by it because it’s so untrue and everybody knows it.”

 

 

Isn’t Northern Ireland ‘Sorted’?

 

 

Someone asked me: “Isn’t Northern Ireland sorted?” This is not a surprising reaction. When people outside the island of Ireland think about Northern Ireland at all, which is probably rarely, they are comfortable in thinking that the old problem has been “sorted” by the hard-won Good Friday Agreement of 1998. Tony Blair and New Labour and Bill Clinton presented the Northern Ireland peace process as a resounding success in bringing centuries of ‘ancient hatred’ to a close and providing a model for the rest of the world’s ethnic trouble spots to follow.

 

 

I suspect that many in Sri Lanka would see Northern Ireland as a model, like South Africa, for the reconciliation process in this country. The Adams case shows that Northern Ireland is not “sorted”. Why have the hopes invested in the Good Friday Agreement not been fully met, sixteen years after it was signed?

 

 

Ongoing Strife

 

 

There is likely to be a further plunge in turnout at this month’s municipal and European elections, reflecting growing disillusionment with the dysfunctional administration at Stormont. A recent newspaper survey of young people in Northern Ireland found that two thirds did not believe they enjoyed peace and the same proportion wanted to leave to pursue their aspirations.

 

 

Adams and Mandela

 

 

Adams cynically exploited the global wave of emotion surrounding the death of Nelson Mandela to create the impression that he was Ireland’s Mandela. Mandela openly acknowledged his role in orchestrating the campaign of violence against the repressive apartheid regime. His admissions, and similar acknowledgments of culpability from leaders on both sides of the South African conflict to the Truth and Reconciliation Commission, were fundamental to helping the country move from the horrors of the past.

 

 

Adams has actively concealed the truth of his past and sought to discredit those who have sought to bring light to the subject. Adams told members of the McConville family “Thank God I was in prison when she disappeared.” In fact, Adams was free at the time of the killing.

 

 

Justice or Peace?

 

There are lessons in this affair for other post-conflict situations. Who can argue with victims’ commissioner Kathryn Stone, when she says, “There can be no sustainable peace in Northern Ireland until every victim has true peace of mind”?

 

Ruth Dudley Edwards recently wrote: “The reluctance to dig into the past that has enabled both sides to continue their habit of what in Northern Ireland is called ‘whataboutery’ – in which any allegation by a member of one tribe is answered by a counter -allegation from the other.”

 

Others argue that those who did not live through the horrors of the Troubles do not appreciate the hard bargains that had to be struck to bring the relative peace enjoyed today. Official amnesia allowed fringe figures on the Loyalist side, such as firebrand bigot Ian Paisley and Peter Robinson, to acquire legitimacy in order to achieve an ostensibly democratic administration in Belfast. Robinson was convicted in a court in the Republic of Ireland of unlawful assembly, having led an incursion across the border during frequently violent Protestant protests against an intergovernmental agreement between London and Dublin in 1985.

 

Impunity or Therapeutic Amnesia.

 

In the years after the IRA ceasefire, the Irish government had an unofficial policy of playing down IRA violence. Just two years after the 1994 ceasefire an IRA unit shot dead Jerry McCabe, a police officer, in Co Limerick during a botched robbery. The attempt to cover up the IRA’s role in the McCabe murder caused outrage among the Garda Síochána.

 

In March 2014, Sinn Fein’s Gerry Kelly stated that 187 people had received letters assuring them that they did not face arrest and prosecution for IRA crimes.

 

Only a day before Adams’s arrest, Secretary of State for Northern Ireland Theresa Villiers ruled out inquiries into the British Army Parachute Regiment’s killing of ten mourners at a funeral in Ballymurphy, in August 1971, and the IRA’s killing of 12 people in the La Mon House firebomb massacre, in February 1978.

 

There is little doubt that Adams, whatever the truth of his connections with the IRA, played a large role in ending the conflict. If he was not in the IRA, how did Adams have the authority to persuade the IRA hardliners to agree to peace? Today, people of violence on both sides sit down and discuss sewage plans, pension problems and how to invest in infrastructure. As Peter Hain, the former Northern Ireland secretary, said: “Adams and [Martin McGuinness] have been indispensable in moving Northern Ireland from the evil and horror of the past to the relative tranquillity and stability of today.”

 

In the Good Friday Agreement, approved in 1998 in referenda north and south of the border, there was no amnesty – only a concession to the perpetrators of Troubles-related crimes that if found guilty, they would serve only two years in jail.

 

How does Northern Ireland confront its past without undermining peace? Should politicians from all parties in Stormont, Dublin and Westminster to talk seriously about whether they can establish South African-style truth and reconciliation hearings, in which individuals can publicly declare their crimes and express contrition, in exchange for freedom from prosecution?

 

 

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