Friday, December 1, 2023
Analysis by Najum Mushtaq
Annan accepted an invitation from Ghana's President John Kufuor – in his capacity as the current Chairman of the African Union (AU) – to head a team of mediators to help broker peace in Kenya.
However, the terms of his engagement in Kenya are shrouded in semantic confusion. The ODM welcomes international 'mediation' to resolve the crisis; the Kibaki government, on the other hand, wants no foreign diplomat doing more than 'facilitate a dialogue'.
"We want Annan to mediate with full knowledge of the magnitude of the problem," ODM secretary-general Anyang Nyong'o said in a statement read before the party's members of parliament (MPs).
Kibaki's ministers refuse to accept any reference to mediation. Given their strident tone, they may even be attempting to keep Annan's team away.
"If Kofi Annan is coming, he is not coming at our invitation," Roads and Public Works Minister John Michuki, a member of Kibaki's new cabinet, told the press. "We won the elections so we do not see the point for anyone coming to mediate power-sharing."
The Orange House – ODM's headquarters in Nairobi's Kilimani area – is full of resentful party workers, and abuzz with protest plans, in spite of protests having been declared illegal by the government.
Two high-profile mediation missions to resolve Kenya's poll-rigging crisis failed last week. Both U.S. Assistant Secretary of State Jendayi Frazer and Kufuor returned home frustrated.
Kofi Annan will start a third round of negotiations Tuesday at the head of a 3-member AU team. The other members of the team are Nelson Mandela's wife Graca Machel and former Tanzanian President Benjamin Mkapa.
What hope does Annan have to bring the controversially re-elected president Mwai Kibaki and his rival Railia Odinga to the table when Kufuor and, more tellingly, Frazer could not? The situation is grim and prospects for success slim.
The disgruntled ODM has upped the ante by asking international donors to freeze aid to pressure the Kibaki government into accepting international mediation. "It is patently obvious that we do not have a partner to negotiate with," says a senior member of ODM, referring to Kibaki's refusal to even acknowledge the foreign diplomatic intervention as 'mediation'. "How can donors trust a government that steals votes?"
Kibaki sponsored a full-page ad in Sunday's newspapers alleging ODM responsibility for sabotaging Kufuor's bid to "facilitate dialogue". The government's statement called ODM's stance as "a blanket case of deceit".
A Machiavellian pattern is emerging in Kenya's troubled post-election political milieu. Every time an international mediator arrives, the controversially re-elected Kibaki moves the goalposts and changes the parameters of possible negotiations.
Frazer hurried to Nairobi as violence began to escalate in the wake of Kibaki's disputed victory in the Dec. 27 elections, but Kibaki had already been sworn in as president before Frazer's intervention. Then, when Kufuor came to Nairobi last week to try and broker a deal, a new cabinet was announced though the ministers had yet to take oaths as members of parliament – a constitutional prerequisite to becoming cabinet members.
Annan's arrival Tuesday will coincide with the convening of the new parliament and a series of protest rallies the ODM has called on the occasion. The 100-strong contingent of ODM MPs plans to occupy government benches in defiance of Kibaki's actions.
In order to bridge the gulf between the two sides, Annan will have to press home two points. First, Kenya's political crisis cannot be seen in isolation from its tragic humanitarian dimension. Second, the international disrepute Kenya has recently earned after years of being perceived as an oasis of stability may result in severe economic hardships for a country reliant on tourists and foreign aid.
On the first point, the initial spurt of violence may have receded, but violence has not stopped. In fact it seems likely that hostilities will re-emerge with a vengeance. It will take the country a long time to recover from the death and displacement it has already suffered. The official toll of around 600 dead and 250,000 displaced is highly conservative. Aid and relief agencies working in many displacement 'sites' – the government does not want to call them camps – paint a much bleaker picture and also warn that the violence is continuing.
"Though some areas have calmed down and in some the displaced can return to their homes, the number of new arrivals in displacement sites is still more than those returning," says a Danish aid worker whose team carried out a needs-assessment mission in displacement camps in the Rift Valley and Nairobi. The majority of the displaced are living in churches, schools and stadiums. The longer the political stalemate continues, the more perilous the situation will become.
The cruel irony in this large-scale internal displacement of Kenyans is not lost to aid workers based in Nairobi, as the country takes pride in housing refugees from all over the conflict-ridden region. For more than 16 years, people fleeing from Somalia 's civil war have found refuge in Kenyan camps. Almost all aid agencies working in Somalia and in other regional hotspots are based in Nairobi. "Now, more Kenyans are in need of humanitarian assistance, shelter and food than the refugees from other countries living in the country," says Jens Christiansen of the Norwegian Refugee Council.
On the second point, Annan will need to build on the pressure already exerted by the U.S., UK, and other foreign powers. The State Department's tough words Sunday – that it will not be business as usual with Kenya unless negotiations to address the crisis started in earnest – ought to be repeated with more force by Annan.
Many European countries have already issued restrictive travel advisories for its citizens. Most of Kenya's tourism sector and much of its status as the regional hub of international organisations and businesses are due to its reputation as a relatively stable and peaceful state in close proximity to numerous volatile countries like Somalia and Uganda.
Unless the Kibaki government softens its stance and strikes a deal with the opposition, the country will face international isolation, and possibly even sanctions.
It would be naïve to assume that the ruling clique led by Kibaki is unaware of these dangers. Annan's team will have done its job if it demonstrates to the Kenyan regime that the costs of ignoring these internal dangers and external pressures are too high.