It's time to acknowledge the victims of colonial-era torture in Kenya

The coalition must practice what it preaches on human rights.

The coalition government claims to have placed human rights at the heart of its foreign policy. Next month, in the High Court, it will be asked to practice what it preaches by three elderly Kenyans.

The Kenyans will travel 4,000 miles to London in what is amounting to a seemingly endless struggle to get the government to acknowledge the tortures they were subjected at the hands of British officials in the run up to independence. They are men and women who are now in their 70s and 80s, who began their fight for redress back in 2009. 

These victims represent the wider community of several hundred elderly Kenyans who were subjected to unspeakable abuses while they were detained during the “Mau Mau rebellion”. They seek above all recognition of the abuses they suffered, but many have died while waiting for this case to wind its way through the courts, including some of the original claimants in the case.  Significantly their claims are being supported by both the Kenya Human Rights Commission and the Kenyan government.

The full truth of what occurred during the Kenya Emergency has only recently emerged due to exhaustive research conducted by historians from Oxford and Harvard, which revealed facts which are scandalous by any standard.

The Mau Mau rebellion was itself brutal but the colonial response was no less vicious. Between 1954 and 1955 over a million Kenyans were rounded up into 800 barded-wire villages where they were guarded and their movement controlled. Many thousands who had little or no connection with the Mau Mau were detained without trial for years in a labyrinth of 150 detention camps littered around Kenya known as “the Pipeline”. Among their number was Onyango Obama, Barak Obama’s grandfather.

From the start, the detention camps were places of violence and torture. Detainees were subjected to arbitrary killings, castrations and sexual assaults. Camp guards engaged in daily beatings, often resulting in serious injury or death. The worst forms of abuse and torture were routinely deployed during interrogations.

The systematic nature of the abuse and the extent to which it was known about and ultimately sanctioned at the highest level of government is what has been uncovered by recent historical scholarship, placing responsibility at the heart of Whitehall.

The three leading academic experts on the Kenya Emergency from the universities of Oxford, Harvard and London have all submitted multiple lengthy statements in support of the victims.  By contrast, not one expert has come forward to support the British government’s position.

The case has also lead to the “discovery” of the remarkable Hanslope archive, which contains tens of thousands of previously unseen documents from 37 different colonies which an internal report labelled the FCO’s “guilty secret”. These documents are now slowly being put into the public domain and provide a highly detailed account of the unfolding drama in pre-independence Kenya.

The government initially argued that they cannot be held liable for the sins of the Kenyan colony and if anyone was liable it was the Kenyan government. In July 2011 the High Court judge flatly rejected the government’s argument and stated that there was “substantial” evidence in support of the victims’ case:

The materials evidencing the continuing abuses in the detention camps in subsequent years are substantial, as is the evidence of the knowledge of both governments that they were happening and of the failure to take effective action to stop them. (Paragraph 128)

And yet, in July 2012, the government will seek to rely on a further technicality, this time by arguing that the claims are out of time and should have been brought years ago (even though they were sitting on many of the documents which have enabled experts to piece together the truth of what happened).  

Leading figures from Africa such as Desmond Tutu and Graça Machel and senior British politicians (including two current cabinet ministers, Vince Cable and Ed Davey) have called on the government to deal with these elderly Kenyans with the dignity they deserve. The previous government was on the verge of finding a solution to this issue just before the last election and yet there is no sign that William Hague is willing to do the same and it may be that the he will be dragged kicking and screaming by the judiciary into acknowledging the suffering of these elderly victims of torture.

 

Elizabeth Wamaitha, who was detained in a British-run labor camp for three years with her baby. Photograph: Getty Images
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Northern Ireland election results: a shift beneath the status quo

The power of the largest parties has been maintained, while newer parties running on nicher subjects with no connection to Northern Ireland’s traditional religious divide are rapidly rising.

After a long day of counting and tinkering with the region’s complex PR vote transfer sytem, Northern Irish election results are slowly starting to trickle in. Overall, the status quo of the largest parties has been maintained with Sinn Fein and the Democratic Unionist Party returning as the largest nationalist and unionist party respectively. However, beyond the immediate scope of the biggest parties, interesting changes are taking place. The two smaller nationalist and unionist parties appear to be losing support, while newer parties running on nicher subjects with no connection to Northern Ireland’s traditional religious divide are rapidly rising.

The most significant win of the night so far has been Gerry Carroll from People Before Profit who topped polls in the Republican heartland of West Belfast. Traditionally a Sinn Fein safe constituency and a former seat of party leader Gerry Adams, Carroll has won hearts at a local level after years of community work and anti-austerity activism. A second People Before Profit candidate Eamon McCann also holds a strong chance of winning a seat in Foyle. The hard-left party’s passionate defence of public services and anti-austerity politics have held sway with working class families in the Republican constituencies which both feature high unemployment levels and which are increasingly finding Republicanism’s focus on the constitutional question limiting in strained economic times.

The Green party is another smaller party which is slowly edging further into the mainstream. As one of the only pro-choice parties at Stormont which advocates for abortion to be legalised on a level with Great Britain’s 1967 Abortion Act, the party has found itself thrust into the spotlight in recent months following the prosecution of a number of women on abortion related offences.

The mixed-religion, cross-community Alliance party has experienced mixed results. Although it looks set to increase its result overall, one of the best known faces of the party, party leader David Ford, faces the real possibility of losing his seat in South Antrim following a poor performance as Justice Minister. Naomi Long, who sensationally beat First Minister Peter Robinson to take his East Belfast seat at the 2011 Westminster election before losing it again to a pan-unionist candidate, has been elected as Stormont MLA for the same constituency. Following her competent performance as MP and efforts to reach out to both Protestant and Catholic voters, she has been seen by many as a rising star in the party and could now represent a more appealing leader to Ford.

As these smaller parties slowly gain a foothold in Northern Ireland’s long-established and stagnant political landscape, it appears to be the smaller two nationalist and unionist parties which are losing out to them. The moderate nationalist party the SDLP risks losing previously safe seats such as well-known former minister Alex Attwood’s West Belfast seat. The party’s traditional, conservative values such as upholding the abortion ban and failing to embrace the campaign for same-sex marriage has alienated younger voters who instead may be drawn to Alliance, the Greens or People Before Profit. Local commentators have speculate that the party may fail to get enough support to qualify for a minister at the executive table.

The UUP are in a similar position on the unionist side of the spectrum. While popular with older voters, they lack the charismatic force of the DUP and progressive policies of the newer parties. Over the course of the last parliament, the party has aired the possibility of forming an official opposition rather than propping up the mandatory power-sharing coalition set out by the peace process. A few months ago, legislation will finally past to allow such an opposition to form. The UUP would not commit to saying whether they are planning on being the first party to take up that position. However, lacklustre election results may increase the appeal. As the SDLP suffers similar circumstances, they might well also see themselves attracted to the role and form a Stormont’s first official opposition together as a way of regaining relevance and esteem in a system where smaller parties are increasingly jostling for space.