Backlash to ICC trial? How Kenyan bill could clamp down on 'foreign influences'
Only a handful of Kenya's NGOs pushed for a trial of those thought to be behind the 2008 election violence. But their actions have boosted public support for putting limits on NGOs, something a proposed bill would do.
Only a handful of Kenya's NGOs pushed for a trial of those thought to be behind the 2008 election violence. But their actions have boosted public support for putting limits on NGOs, something a proposed bill would do.
As a case centered on post-election violence in Kenya comes to a head at the International Criminal Court, the role Kenyan NGOs played in pushing for politicians 鈥� including President Uhuru Kenyatta 鈥� to be tried there is casting a chill over their future work.
Only a handful of Kenya's 8,500 registered NGOs pushed for a trial of those thought to be behind the 2008 election violence. But the actions of a few, combined with the sweeping tirades by Kenyatta supporters against this "evil society," is increasing public support for putting limits on NGOs. Now, a bill has been introduced that would require all Kenyan NGOs receiving more than 15 percent of their budget from non-Kenyan interests to register as foreign agents.
It's a worrying development for many here 鈥� and in the region. Kenya is often viewed as East Africa's most robust democracy, but with little public outcry against the government's efforts to put a squeeze on civil society, some fear that stature may be slipping.
The message of the proposed law is clear, says Regina Opondo, co-chair of the Civil Society Organization Reference Group, an umbrella consortium: 鈥淎ll efforts are going to be used to limit this democratic space we鈥檝e worked so hard to secure.鈥�
'Drawn the lines'
The amendments to聽the law governing NGOs in Kenya were first broached in 2013. But they were revived as Mr. Kenyatta appeared before the ICC in October, putting more pressure on NGOs.聽
鈥淵es, [civil society groups] were involved in the ICC cases and pushing for proper investigation into them, but the current [effort to limit them] isn鈥檛 really about these cases,鈥� says Patrick Gathara, a prominent political commentator.
鈥淚t鈥檚 more about stopping or restricting civil society,鈥� Mr. Gathara says.聽鈥淭he cases ... have made more stark the differences, drawn the lines. People have a side to take,鈥� between supporting the ICC trials or rallying against them, and blaming Kenyan NGOs..
In聽addition, growing insecurity has fueled聽suspicion that some NGOs in the country, particularly those grounded in the Muslim community, are providing support to militant groups under the guise of social services.聽Accusations of harboring and assisting terrorists resonate amid frequent attacks by Al Shabab from neighboring Somalia.
A 'foreign agenda'?
NGO 鈥渁ccountability鈥� has been a tenet of the Kenyatta government since its inception, appearing in the Jubilee coalition鈥檚 manifesto in 2013 and again in the president鈥檚 Mashujaa (Heroes) Day speech on Oct. 20.
鈥淭o this day, there are those abroad that seek to advance their economic and geopolitical goals to our disadvantage.聽They fund and nurture various outfits whose actions and visions seem set to create cleavages between Kenyans," Kenyatta said in his speech.
鈥淥ur democratic space with its right to free speech and association gives them the opportunity to use exaggerated, dishonest claims of victimhood to radicalize and recruit Kenyan youth. Their funding and activities must be uncovered at all times to put a stop to their campaign to kill innocent Kenyan civilians and the brave members of our security forces.鈥�
Moses Kuria, the MP who sponsored the bill, the timing of which is uncertain, says it's merely an effort to ensure NGOs are properly spending donors鈥� money after years of misuse of funds.
鈥淧eople who receive money to do things they鈥檙e not supposed to do, they鈥檙e the ones affected,鈥� Mr. Kuria says.
He says most of the NGOs in Kenya will have to register as foreign agents if the bill succeeds.
The registration 鈥� if the bill passes 鈥� should not have a practical impact on NGO operations, but the classification is damaging in the eyes of Kenyans who resent the sight of their president sitting in an international court. 聽
鈥淭hese organizations aren鈥檛 foreign organizations. They are organizations led by Kenyans, staffed by Kenyans. Yes, they do get foreign funding, but that is not the equivalent of following a foreign agenda,鈥� Mr. Gathara says.
Not just a challenge for Kenya
The freedom afforded to civil society in Kenya has waxed and waned. The 1980s and 1990s were bad years under the repressive government of President Daniel arap Moi, but in the early 2000s, with the election of President聽Mwai聽Kibaki, restrictions began to lift.
Today, Kenya stands out among its neighbors for its tolerance of organizations that pressure the government or citizens who criticize it.
When civil society representatives visit from countries like Tanzania and Uganda, they call what we do here 鈥渃razy,鈥� says Ms. Opondo, referring to public criticism of the government, and the space for dissent.聽
鈥淵ou don鈥檛 think 鈥業鈥檓 doing this for the whole region鈥�,鈥� she says, but neighboring nations see Kenya as the hope for East Africa. 鈥淭hese charges are worrying for them, too.鈥�