After Kenya, the UK must compensate the other victims of empire

Britain should offer similar redress for its bloody colonial wars in Malaya, Aden, Cyprus and the north of Ireland.

After six decades of stonewalling, the UK government has finally agreed to compensate Kenyans who were tortured and sexually abused by British forces during the 1950s independence struggle.

This change of heart follows the government’s loss of a succession of court cases bought by the victims. The Foreign Office is currently holding confidential talks with the claimant’s London-based solicitors, Leigh Day, with view to settling their long-standing legal case.

The maltreatment of Kenyan nationalists occurred with the full knowledge and connivance of the colonial authorities, according to recently revealed official papers that were secretly archived at Britain’s top security Government Communications Centre at Hanslope Park in Buckinghamshire.

During the 1950s, in excess of 70,000 detainees were interned without trial in quasi concentration camps on mere suspicion of support for the Kenya Land and Freedom Army (Mau Mau) uprising. Evidence was often flimsy or non-existent. The general approach seemed to be: if in doubt, lock them up. For the colonial authorities, the Mau Mau risked sparking a wider anti-imperial rebellion. They posed an existential threat to the Empire and had to be suppressed at all costs. The colonisers weren’t fussy about the methods, so long as British rule was sustained.

Detainees were routinely subjected to beatings, starvation and forced labour. Medical treatment was frequently withheld; effectively condemning hundreds of prisoners to death. Many were manacled night and day for years. Some victims were burned alive.

A popular interrogation method was stamping on a detainee's throat and forcing mud into his mouth, together with threats to beat him unconscious. Deaths that resulted from these brutal techniques were sometimes blamed on ‘drinking too much water.’

Many male detainees were subjected to obscene sexual abuse; including being stripped naked and then raped, castrated and forcibly sodomised with truncheons and sticks by British colonial police, soldiers and prison warders.

Sexual sadism was used as a weapon of war, to deliberately humiliate, degrade and dehumanise men who supported Kenyan self-rule. These abuses manipulated sexual shame and pandered to homophobic prejudice. They played on the fear of demasculinisation; seeking to undermine the victim’s sense of manhood in order to break them mentally and physically.

Hundreds of Kenyans died from the abuses inflicted upon them.

One of the men abused was Hussein Onyango Obama, the grandfather of President Barack Obama. According to his widow, British soldiers forced pins into his buttocks and fingernails and crushed his testicles.

A Nairobi judge, Arthur Cram, in 1954 compared the methods employed to those of the Gestapo. The colony’s attorney general, Eric Griffith-Jones, also privately conceded that the abuses were ‘distressingly reminiscent of conditions in Nazi Germany or Communist Russia’. These opinions were conveyed to the Foreign Office, which did nothing - apart from ordering a cover up.

Despite long-standing evidence of grotesque, widespread abuses, successive British governments refused to acknowledge these crimes or compensate the victims. As recently as last December the Foreign Office was contesting a UK high court ruling that gave three elderly Kenyans the right to seek compensation for the abuses they suffered at the hands of the British during the eight-year anti-colonial insurgency, from 1952-60.

This has prompted allegations of double-standards. Critics have upbraided the UK government for condemning torture in Syria and Zimbabwe but opposing redress for Kenyans who suffered similar torture at the hands of the British colonial administration. Utter hypocrisy, they said.

There are also concerns that the UK authorities appear to have cynically dragged out legal proceedings in the hope that most of the Kenyan claimants would die before a settlement is agreed; thereby cutting the eventual compensation bill.

The idea that no one knew what was happening at the time, and that the events in 1950s Kenya have remained hidden and unknown for the last six decades, is not credible.

My 1985 book Democratic Defence was, among other things, a critique of British colonial policy. When researching it I had no difficulty in finding documentary evidence of atrocities in Kenya, as this short example from chapter 4 - An Anti-Democratic Army - illustrates:

On 24 April 1954, in the war against the Kenyan nationalists, the British security forces mounted “Operation Anvil” to screen the entire African population of Nairobi in a dragnet for supporters of the pro-independence Land and Freedom Army. On that one day, over 16,000 suspects were carted off to prison camps; a further 62,000 were detained without trial at various points during the war. Conditions in the camps were appalling – 350 prisoners died from maltreatment in 1954 alone. Hard labour, severe beatings, long spells in solitary confinement and darkness and deprivation of food, water and medical attention were commonplace. Rape and castration were also inflicted on detainees. At the notorious Hola Camp, 11 detainees were beaten to death by prison officers in 1959 after refusing to do forced labour in protest at the barbaric conditions. No one was ever prosecuted for their murder.

It is shocking that for six decades the UK government knew about these brutalities but kept the records hidden until 2011 and refused to compensate the survivors. Even now, the settlement being negotiated is, as far as we know, only about financial recompense - and does not yet involve an agreed admission of UK culpability or an apology.

On a positive note: the likely payments to thousands of Kenyans will hopefully lead to similar redress for the victims of Britain’s other bloody colonial wars in Malaya, Aden, Cyprus and the north of Ireland, where detention without trial, torture and extra-judicial killings also took place. The mistreatment of suspects in a number of ex-colonies has been alleged by Amnesty International, the European Commission of Human Rights and the International Red Cross. Already, the orthodox narrative of a benign empire looks frayed and unsustainable.

A 1953 photograph shows some of the 6,000 Africans rounded up in Kairobangi, Nairobi, by police searching for Mau Mau suspects. Photograph: Getty Images.

Peter Tatchell is Director of the Peter Tatchell Foundation, which campaigns for human rights the UK and worldwide: www.PeterTatchellFoundation.org His personal biography can be viewed here: www.petertatchell.net/biography.htm

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The Brexit Beartraps, #2: Could dropping out of the open skies agreement cancel your holiday?

Flying to Europe is about to get a lot more difficult.

So what is it this time, eh? Brexit is going to wipe out every banana planet on the entire planet? Brexit will get the Last Night of the Proms cancelled? Brexit will bring about World War Three?

To be honest, I think we’re pretty well covered already on that last score, but no, this week it’s nothing so terrifying. It’s just that Brexit might get your holiday cancelled.

What are you blithering about now?

Well, only if you want to holiday in Europe, I suppose. If you’re going to Blackpool you’ll be fine. Or Pakistan, according to some people...

You’re making this up.

I’m honestly not, though we can’t entirely rule out the possibility somebody is. Last month Michael O’Leary, the Ryanair boss who attracts headlines the way certain other things attract flies, warned that, “There is a real prospect... that there are going to be no flights between the UK and Europe for a period of weeks, months beyond March 2019... We will be cancelling people’s holidays for summer of 2019.”

He’s just trying to block Brexit, the bloody saboteur.

Well, yes, he’s been quite explicit about that, and says we should just ignore the referendum result. Honestly, he’s so Remainiac he makes me look like Dan Hannan.

But he’s not wrong that there are issues: please fasten your seatbelt, and brace yourself for some turbulence.

Not so long ago, aviation was a very national sort of a business: many of the big airports were owned by nation states, and the airline industry was dominated by the state-backed national flag carriers (British Airways, Air France and so on). Since governments set airline regulations too, that meant those airlines were given all sorts of competitive advantages in their own country, and pretty much everyone faced barriers to entry in others. 

The EU changed all that. Since 1994, the European Single Aviation Market (ESAM) has allowed free movement of people and cargo; established common rules over safety, security, the environment and so on; and ensured fair competition between European airlines. It also means that an AOC – an Air Operator Certificate, the bit of paper an airline needs to fly – from any European country would be enough to operate in all of them. 

Do we really need all these acronyms?

No, alas, we need more of them. There’s also ECAA, the European Common Aviation Area – that’s the area ESAM covers; basically, ESAM is the aviation bit of the single market, and ECAA the aviation bit of the European Economic Area, or EEA. Then there’s ESAA, the European Aviation Safety Agency, which regulates, well, you can probably guess what it regulates to be honest.

All this may sound a bit dry-

It is.

-it is a bit dry, yes. But it’s also the thing that made it much easier to travel around Europe. It made the European aviation industry much more competitive, which is where the whole cheap flights thing came from.

In a speech last December, Andrew Haines, the boss of Britain’s Civil Aviation Authority said that, since 2000, the number of destinations served from UK airports has doubled; since 1993, fares have dropped by a third. Which is brilliant.

Brexit, though, means we’re probably going to have to pull out of these arrangements.

Stop talking Britain down.

Don’t tell me, tell Brexit secretary David Davis. To monitor and enforce all these international agreements, you need an international court system. That’s the European Court of Justice, which ministers have repeatedly made clear that we’re leaving.

So: last March, when Davis was asked by a select committee whether the open skies system would persist, he replied: “One would presume that would not apply to us” – although he promised he’d fight for a successor, which is very reassuring. 

We can always holiday elsewhere. 

Perhaps you can – O’Leary also claimed (I’m still not making this up) that a senior Brexit minister had told him that lost European airline traffic could be made up for through a bilateral agreement with Pakistan. Which seems a bit optimistic to me, but what do I know.

Intercontinental flights are still likely to be more difficult, though. Since 2007, flights between Europe and the US have operated under a separate open skies agreement, and leaving the EU means we’re we’re about to fall out of that, too.  

Surely we’ll just revert to whatever rules there were before.

Apparently not. Airlines for America – a trade body for... well, you can probably guess that, too – has pointed out that, if we do, there are no historic rules to fall back on: there’s no aviation equivalent of the WTO.

The claim that flights are going to just stop is definitely a worst case scenario: in practice, we can probably negotiate a bunch of new agreements. But we’re already negotiating a lot of other things, and we’re on a deadline, so we’re tight for time.

In fact, we’re really tight for time. Airlines for America has also argued that – because so many tickets are sold a year or more in advance – airlines really need a new deal in place by March 2018, if they’re to have faith they can keep flying. So it’s asking for aviation to be prioritised in negotiations.

The only problem is, we can’t negotiate anything else until the EU decides we’ve made enough progress on the divorce bill and the rights of EU nationals. And the clock’s ticking.

This is just remoaning. Brexit will set us free.

A little bit, maybe. CAA’s Haines has also said he believes “talk of significant retrenchment is very much over-stated, and Brexit offers potential opportunities in other areas”. Falling out of Europe means falling out of European ownership rules, so itcould bring foreign capital into the UK aviation industry (assuming anyone still wants to invest, of course). It would also mean more flexibility on “slot rules”, by which airports have to hand out landing times, and which are I gather a source of some contention at the moment.

But Haines also pointed out that the UK has been one of the most influential contributors to European aviation regulations: leaving the European system will mean we lose that influence. And let’s not forget that it was European law that gave passengers the right to redress when things go wrong: if you’ve ever had a refund after long delays, you’ve got the EU to thank.

So: the planes may not stop flying. But the UK will have less influence over the future of aviation; passengers might have fewer consumer rights; and while it’s not clear that Brexit will mean vastly fewer flights, it’s hard to see how it will mean more, so between that and the slide in sterling, prices are likely to rise, too.

It’s not that Brexit is inevitably going to mean disaster. It’s just that it’ll take a lot of effort for very little obvious reward. Which is becoming something of a theme.

Still, we’ll be free of those bureaucrats at the ECJ, won’t be?

This’ll be a great comfort when we’re all holidaying in Grimsby.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Brexit. You can find him on Twitter or Facebook.