A federal appeals court decision effectively grants FBI agents involved in terrorism investigations abroad immunity from lawsuits, which allege torture or other constitutional rights violations.
The D.C. Circuit Court of Appeals ruled against Amir Meshal, an American citizen who was detained and tortured by FBI agents in Kenya, Somalia, and Ethiopia, and declined to permit Meshal to pursue damages for what he endured.
According to the federal appeals court [PDF], allowing Meshal to pursue damages would extend Bivens into a new context: the “extraterritorial application of constitutional protections.”
Bivens is a case that created precedent for bringing cases against federal government officials. However, courts have been extremely reluctant to allow plaintiffs to pursue damages when a case may set a precedent or lead to a court intruding upon national security and foreign policy matters.
In Meshal’s case, U.S. agents and foreign officials are accused of working together. A decision would pass judgment on officials working under a “foreign justice system.” Such “intrusion,” the appeals court claimed, could have diplomatic consequences.
The appeals court quoted prior cases and stated:
Allowing Bivens suits involving both national security and foreign policy areas will “subject the government to litigation and potential law declaration it will be unable to moot by conceding individual relief, and force courts to make difficult determinations about whether and how constitutional rights should apply abroad and outside the ordinary peacetime contexts for which they were developed.” Even if the expansion of Bivens would not impose “the sovereign will of the United States onto conduct by foreign officials in a foreign land,” the actual repercussions are impossible to parse. We cannot forecast how the spectre of litigation and the potential discovery of sensitive information might affect the enthusiasm of foreign states to cooperate in joint actions or the government’s ability to keep foreign policy commitments or protect intelligence. Just as the special needs of the military requires courts to leave the creation of damage remedies against military officers to Congress, so the special needs of foreign affairs combined with national security “must stay our hand in the creation of damage remedies. [emphasis added]
Or, more succinctly, the appeals court claims “special factors counsel hesitation” in allowing Meshal to pursue “money damages.”
The appeals court additionally determined Meshal’s citizenship did not override these “special factors.”
In issuing this decision, the appeals court leaves the issue of remedies for torture to Congress or the Supreme Court and makes it virtually impossible for torture survivors to pursue justice when their rights are supremely violated.
Meshal is Detained Incommunicado, Threatened with Transfer to Israel
Meshal was in the Horn of Africa when, on January 24, 2007, Kenyan soldiers captured and interrogated him. He was “hooded, handcuffed and flown to Nairobi, where he was taken to the Ruai Police Station and questioned by an officer of Kenya’s Criminal Investigation Department” and was told that the police had to “find out what the United States wanted to do with him before he could send him back to the United States.” He remained in detention without access to a telephone or his attorney for a week, according to the U.S. District Court of the District of Columbia’s decision.
On February 3, “three Americans,” who turned out to be FBI agents, interrogated Meshal and told him he would be handed over to the Kenyans and remain stuck in a “lawless country” if he did not cooperate. The agents also accused him of “having received weapons and interrogation resistance training in an al Qaeda camp.” Supervising Special Agent Chris Higgenbotham, one of the officials sued, threatened Meshal with being transferred to Israel where the Israelis would “make him disappear.” Meshal was informed that another U.S. citizen he had met in Kenya, Daniel Maldonado, who was also seized by Kenyan soldiers, “had a lot to say about” him and his story “would have to match.”
Meshal was flown by Kenyan officials to Somalia with twelve others on February 9. He was “detained in handcuffs in an underground room with no windows or toilets,” which was referred to as “the cave.” This was allegedly to prevent pressure from Kenyan courts to halt his detention and interrogation by FBI agents.
About a week later, Meshal was transported in handcuffs and a blindfold to Addis Ababa, Ethiopia. He was held there in incommunicado detention for a week before Ethiopian officials started regularly transporting him to a villa with other prisoners where he could be interrogated by FBI agents. He remained in detention for three months and was moved into solitary confinement twice.
Finally, on May 24, he was taken to the U.S. Embassy in Addis Ababa and flown back to the U.S. He was detained for four months and lost eighty pounds. US officials never charged him with a crime.
Appeals Court Skeptical of US Secrecy Arguments (But That Didn’t Matter)
Although the U.S. government did not invoke the “state secrets privilege,” it put forward a “laundry list of sensitive issues” that would allegedly be implicated if Meshal was able to pursue a lawsuit against FBI agents.
The government claimed it would involve “inquiry” into “national security threats in the Horn of Africa region,” the “substance and sources of intelligence,” and whether procedures relating to counterterrorism investigations abroad “were correctly applied.” Also, the government insisted it would require discovery “from both foreign counterterrorism officials, and U.S. intelligence officials up and down the chain of command, as well as evidence concerning the conditions at alleged detention locations in Ethiopia, Somalia, and Kenya.”
The appeals court appropriately asked in their decision, “Why would an inquiry into whether the defendants threatened Meshal with torture or death require discovery from U.S. intelligence officials up and down the chain of command? Why would an inquiry into Meshal’s allegedly unlawful detention without a judicial hearing reveal the substance or source of intelligence gathered in the Horn of Africa?”
“What would make it necessary for the government to identify other national security threats?” the court additionally asked.
Despite recognizing the unfounded basis for claims about how the lawsuit would risk disclosure of sensitive information, the appeals court chose to be overly cautious and dismiss the case as the government urged.
Appeals Court Overlooks Affidavit from Former FBI Agent
The American Civil Liberties Union, which filed the suit on behalf of Meshal, obtained an affidavit from former FBI Agent Donald Borelli, who unequivocally made clear FBI agents are expected to follow the U.S. Constitution when in territories abroad.
“The FBI’s longstanding commitment to respect the Constitution—including when it acts abroad in respect of U.S. citizens—reflects and implements the long established rule that the Constitution applies to and constrains U.S. government action against U.S. citizens abroad,” Borelli maintained.
In fact, Borelli cited a Supreme Court decision in 1957 involving two U.S. citizens, “who were tried and convicted by court-martial based on allegations they murdered service member spouses on U.S. military bases.”
From the Supreme Court’s ruling:
At the beginning we reject the idea that when the United States acts against citizens abroad it can do so free of the Bill of Rights. The United States is entirely a creature of the Constitution. Its power and authority have no other source. It can only act in accordance with all the limitations imposed by the Constitution. When the Government reaches out to punish a citizen who is abroad, the shield which the Bill of Rights and other parts of the Constitution provide to protect his life and liberty should not be stripped away just because he happens to be in another land. This is not a novel concept. To the contrary, it is as old as government. It was recognized long before Paul successfully invoked his right as a Roman citizen to be tried in strict accordance with Roman law.
Citizens like Meshal are supposed to have protection from unreasonable searches and seizures, however, the lower courts are unwilling to check the power of the Executive Branch. They have chosen to wait until the Supreme Court or Congress acts and that gives someone like Meshal an exceedingly small chance of ever winning justice.
Monday, April 13, was the 13th anniversary of the ruling of the Eritrea Ethiopia Boundary Commission (EEBC), and the continued illegal occupation of sovereign Eritrean territories by Ethiopia since then. Also, it’s been well over five years since the US engineered unjust sanctions at the UN Security Council against Eritrea in late 2009.
In a “Global Action Day of Resistance,” Eritreans and their friends worldwide held rallies, online petitions, cycling tours, etc., to protest these injustices against Eritrea, a country in the Horn of Africa that many progressive analysts are recognizing as the “Cuba of Africa.” In the US, Eritreans in the Bay Area, California, held a protest rally in Oakland.
In Europe, more than twenty five cyclists from ten different countries (Canada, Denmark, Eritrea, Germany, Italy, the Netherlands, Norway, Sweden, Switzerland and the UK), starting in Goteborg, Sweden, stopping in over ten German and three Swiss cities, rode over 1700 km, highlighting along the way the truth about Eritrea and its people and how, despite repeatedly being wronged by the west, the country is forging forward and has become an oasis of peace and harmony in the Horn of Africa.
The demands of this Eritrean Global Action Day of Resistance are:
An immediate and unconditional implementation of the 13-year old, final and binding, boundary decision and an end to Ethiopia’s illegal occupation of sovereign Eritrean territories, including the town of Badme; and
An end to the illegal UN sanctions imposed on Eritrea in December 2009, which have long been proven to be based on totally fabricated and falsified “evidence” by Ethiopia and its handlers.
Ethiopia’s Occupation: a Threat to Regional Peace
The Algiers Agreement was signed in December, 2000, in Algeria by President Isaias Afwerki for Eritrea and by the late Prime Minister Meles Zenawi for Ethiopia and witnessed and guaranteed by Secretary General Kofi Annan on behalf of the United Nations, Senator Reno Serri (EU Special envoy for the Horn of Africa) on behalf of the European Union, President Abdelaziz Bouteflika of Algeria, President Olusegun Obasanjo of Nigeria, Secretary of State Madeleine Albright on behalf of the United States, Secretary General, Salim Ahmed Salim representing the Organization for African Unity (OAU), now the African Union.
The Algiers Agreements, brokered and authored by the US State Department, called for the delimitation and demarcation of the Eritrea Ethiopia border and that punitive actions would be taken against the party that did not abide by its treaty obligations.
The independent and neutral Eritrea Ethiopia Boundary Commission (EEBC) delivered unanimously its final and binding delimitation decision on 13 April, 2002, and because of Ethiopia’s intransigence the Commission, which was ready to demarcate the border physically, was forced to publish its virtual demarcation decision on 30 November, 2007. Eritrea had fully accepted the decisions; Ethiopia, however, has rejected it calling it “totally illegal, unjust, and irresponsible” and has refused to abide by the EEBC’s demarcation directives. Ethiopia, in breach of international law and its obligations under the Algiers Agreement, continues to occupy sovereign Eritrean territories, including the town of Badme, the casus belli for the conflict. As the EEBC had stated it in its final report, “Ethiopia has so persistently maintained a position of non-compliance with its obligations in relation to the Commission.” Furthermore, Ethiopia has failed to comply with the Commission’s Order of 17 July, 2002, that required Ethiopia to “return to Ethiopian territory of those persons in Dembe Mengul who were moved from Ethiopia pursuant to an Ethiopian resettlement program since 13 April, 2002.”
UN Sanctions: a Travesty of Justice
Though the pretext for the unjust UN Security Council sanctions on Eritrea, first on December 23, 2009 (Resolution 1907) and the other one from December 5, 2011 (Resolution 2023), were to “serve” peace and security in Somalia, as the past five years have made clear, punishing innocent Eritrea based on false premises has neither brought peace to Somalia nor security to the Horn of Africa. The very forces that orchestrated lies against Eritrea are still wreaking havoc in the region. Former US Assistant Secretary for African Affairs and veteran Ambassador Herman Cohen said it well a year ago:
“Those of us who know Eritrea well, understand that the Eritrean leadership fears Islamic militancy as much as any other country in the Horn of Africa region. … In view of the absence of any intelligence, real or fabricated, linking Eritrea with Shabaab for over four years, the UN Security Council should terminate sanctions imposed in 2009 by UNSC resolution 1907.”
There is no, and there has never been “intelligence, real or fabricated,” that links Eritrea to any form of extremism in the Horn of Africa other than what the Ethiopians provided the Somalia-Eritrea Monitoring Group. All evidence indicates that most of the fabrication against Eritrea has been generated by Ethiopian operatives at home and abroad, its highly-paid lobbyists in Washington, D.C., and other capitals, as well as the Ethiopian minority regime’s Western enablers.
As for the Somalia-Eritrea Monitoring Group, this is a group that has lots of problems when it comes to credibility. This is a group that cannot “execute its responsibilities and mandate with professionalism, impartiality and objectivity.” It is a Group that is influenced left and right “by political considerations outside of its mandate.” The disgraceful exits of Dinesh Mahtani (its financial expert), in the fall of 2014, after he was caught red-handed advocating for “regime change” in Eritrea on behalf of the UN, and before that the firing of coordinator Matt Bryden for his dubious behavior as a monitor, are two latest cases that show this monitoring group has completely lost its legitimacy as an impartial UN investigative body.
In fact, the group has completely lost its credibility among many UN Security Council members, including some of its permanent members, Russia and China. In response to the Group’s 2013 report, the Russian Permanent Representative, Ambassador Vitaly Churkin, dismissed it as “dishonest and politically motivated.” Besides China and Russia, the Group’s report was also dismissed by Norway, Italy, and South Africa. Even the Somali Government itself has wholesale rejected the Monitoring Group’s report.
Both UNSC Resolutions 1907 (2009) and 2023 (2011) were incubated in the U.S. and hatched in Ethiopia. US Ambassador Donald Yamamoto is quoted by one of the Wikileaked cables admitting that the US had “advised the Prime Minister and his senior leadership … any case against Eritrea should be raised by other countries. Any charges levied by Ethiopia would be viewed only in the context of their border conflict.” The 2011 sanctions were also adopted under the false accusations orchestrated by the US using Ethiopia and Kenya as actors. On the absurd accusation from Ethiopia, Ambassador Vitaly Churkin of Russia said, “the Security Council was not presented with convincing proof of Eritrea’s involvement in that incident. We have not seen the results of any investigation of that incident, if indeed there was one.” On the accusations from Kenya, the UN Monitoring group itself admitted that it “has found no evidence to substantiate allegations that Eritrea supplied Al-Shabaab with arms and ammunition by air in October and November 2011. No evidence to substantiate the allegations that one or more aircraft landed at Baidoa International Airport between 29 October and 3 November 2011, or that Eritrea supplied Al-Shabaab in Baidoa by air with arms and ammunition during the same period.”
This US-Ethiopia conspiracy against Eritrea gets as far as the US giving an approving nod to Ethiopia to employ terrorist groups against Eritrea. One of the Wikileak cables says: “Meles said one option would be to directly support opposition groups that are capable of sending ‘armed propaganda units’ into Eritrea. Meles said that the groups with the most capability to operate inside Eritrea are those ‘that you don’t like from the lowlands, like the Keru’ who he said would be ‘much better able to survive in Eritrea.’” This is a jihadist terrorist group that had murdered a Canadian geologist in cold blood in western Eritrea and is responsible for the March 20, 2015 attempt to sabotage the Canadian owned Bisha gold mine in Eritrea in the vicinity of the area the Americans and Ethiopians were talking about 5 years ago.
All these US hostilities against Eritrea stem from the fact that Eritrea has refused to be subservient to misguided US policies for the region. As Professor Richard Reid, a history professor at SOAS, University of London, put it, US policy is biased in favor of Ethiopia and against Eritrea “for all sorts of reasons” one of them being:
“Eritrea was seen as a bunker state; they were less easy to control. Ethiopia had a more reliable military perhaps. Their policy was more directable and perhaps predictable. Whereas Eritrea, from the mid 1990s, it was clearly seen as unpredictable and couldn’t be relied upon to do certain things that Washington might want to do.”
Denial of Remittance: Violation of Eritrea’s Right to Development
The much talked about 2% Rehabilitation and Development fund that Eritreans in the Diaspora pay, also had nothing to do with Somalia; it has been a target of the US from as far back as 1999 (during the Eritrea-Ethiopia border war). A leaked US diplomatic cable from Asmara makes it clear that the Americans were bent on “disrupting the hard currency supply chain” so that they can “significantly and detrimentally impact the operations of the GSE [Government of the State of Eritrea]”.
We also read in the Wikileak cables that the Americans were strategizing with the Ethiopians on this very evil scheme. As the Late Ethiopian Prime Minister said then, “Isaias’ calculations would be shattered, if the U.S. and others imposed financial sanctions on him and particularly cut off Isaias’ funding from Qatar and other countries and the important funding from the Diaspora in the U.S.” Another Ethiopian official repeats in the Wikileak cables that “cutting off the flow of money to Eritrea was essential. Particularly, remittances from the U.S. were a major source of funding for Eritrea.” The Ethiopian officials were assured by US Deputy Assistant Secretary of State Karl Wycoff “that the U.S. remains committed to achieving a UNSC sanctions regime against Asmara and continues to broaden the discussion beyond the P3 and Uganda with a hard push by USUN” and that “USG was also expanding efforts to undercut support for Asmara,” noting for example he had been sent on “a trip to Cairo, Riyadh, Jeddah and other cities both to promote efforts to undercut flows of support to Asmara.”
Despite all these conspiracies and hostilities, however, Eritreans believe a long-term and fruitful relationship between Eritrea and the other nations in the region is essential for maintaining peace and security, and fighting off poverty and extremism in the Horn of Africa. Therefore, Eritreans and their friends are demanding that all progressives urge members of the UN Security Council to do what is moral and ethical: to lift these unjust sanctions against Eritrea.
During the past decade and a half, the priorities of Eritrea have been to achieve food security, eradicate diseases such as malaria, decrease infant and maternal mortality rates and increase access to education to all sectors of the population. Based on its own and other independent evaluations, Eritrea has achieved modest successes in these efforts. However, Ethiopia’s continued occupation of Eritrean territories and a de facto state of war is violating Eritrean people’s right to development, dignity, security and peace. All this has been made possible because the USA and Europe are continuing to bankroll Ethiopia’s defiance and aggression.
Eritreans worldwide are therefore calling on all progressive peace- and justice-loving friends and organizations to support their demands for peace and urge their national governments to reign in the lawless minority regime in Ethiopia that continues to wreak havoc over the lives of the peoples in the Horn of Africa region in general, but the people of Eritrea in particular.
Elias Amare is a journalist/researcher and peace activist based in Asmara, Eritrea. To learn more about Eritrea’s struggle against unjust imperialist sanctions visit http://eritrean-smart.org/
On April 2, 2015, al-Shabaab carried out a major attack on Garissa University College, Kenya, killing nearly 150 people—almost entirely students . In response to this attack, Kenyan President Uhuru Kenyatta immediately called for the training of 10,000 new police officers and “urged Kenyans abroad to help attract tourists back [to Kenya]” after countries began issuing travel advisories that cautioned visiting the region . Predictably, al-Shabaab’s deadliest attack inside of Kenya since its September 2013 assault on the Westgate Mall—killing 67—has dredged up the fraught question: “Is [Kenya’s] nation’s security strong enough?”
At this point, we might stop for a second to consider whether the “strength” of Kenya’s national security is truly in need of bolstering, or if it is already one laden with extreme might—perhaps too much so. In fact, any serious analyses of political violence require us to move beyond the immediacy of events and dig through the social-historical contexts under which these events may have founds their roots. It doesn’t take much effort to acknowledge that an assault on a University that kills nearly 150 people is a tragic and unjustifiable event, but we must not stop there—as most news outlets do. Appeals for emotional outrage, hollow tropes of “they hate us for our freedom,” and pointless/bellicose statements declaring “We will keep hitting them until their spine is completely broken… and we will relish that moment” have no place in a serious sociological analysis, past or present . Rather, we should recognize that insights on the causes of current political violence can be gained by looking at past and current policies that may have enflamed a particular situation.
Taking a brief look at the recent history of Kenyan policies towards Somalis—both internally and across-borders—we encounter some grim revelations. The October 2011 decision by the Kenyan government to invade Southern Somalia (Operation Linda Nchi: “Protect the Country”) was a critical juncture in the relationship between Kenya and al-Shabaab, as thousands of Kenyan security forces romped through Somalia. In fact, al-Shabaab immediately declared that they planned to seek revenge for the Kenyan incursion. This was made explicit in the aftermath of the Westgate Mall assault, where al-Shabaab leader Ahmed Godane released a statement saying “The attack at Westgate Mall was to torment the Kenyan leaders who’ve impulsively invaded [Somalia]. It was also a retribution against the Western states that supported the Kenyan invasion and are spilling the blood of innocent Muslims in order to pave the way for their mineral companies… So make your choice today and withdraw all your forces [or] an abundance of blood will be spilt in your country” . Somali blood was also spilled at the hands of Kenyan forces in the months following their invasion, confirmed by a ‘Human Rights Watch’ report released in 2013 showing that Kenya had indiscriminately bombed and shelled the population they were sent to protect .
In addition to these external factors, the treatment of Somalis within Kenya has been equally troublesome. The Kenyan government has been described as its “own worst enemy,” where it has cast a wide net on countless ethnic Somalis as potential al-Shabaab suspects to be rounded up and interrogated . Moreover, it has recently come to light that Kenya’s Anti-Terrorism Police Unit (ATPU)—under direct command of Kenya’s National Security Council—is potentially responsible for nearly 500 extrajudicial executions, operating under the general pretext of: “If the law cannot work, there’s another option… eliminate [them]” . This “elimination” strategy is believed to be directly supported by the West, as they provide the operational intelligence while the Kenyan forces carry out the kinetic operation.
Al-Shabaab has not only carried out numerous attacks in Kenya since the Post-October 2011 “Operation,” but they have had great luck with finding sympathies within Kenyan borders as well, for many of the reasons mentioned above. Like many social problems, it certainly becomes more difficult to ameliorate a conflict after you’ve continually taken steps to exacerbate the issue—giving greater fuel for grievance formation and a calcification of “us vs. the enemy” mentality. We only need to take a cursory examination of the recent verbal exchanges between the Kenyan president and al-Shabaab to understand the severity of issue at hand. Continuing the bombastic rhetoric, President Kenyatta declared that he plans to persist “unbowed” with the scorched-earth policy against al-Shabaab, looking to respond in the “severest way possible” against those he deems responsible. Coinciding with that, we saw al-Shabaab release a statement declaring that “Kenyan cities will run red with blood” until Somalia is “liberated from Kenyan occupation” .
To fully explore the current conflict between al-Shabaab, Somalia, Kenya, and all of its neighboring states requires much greater length and a different forum of discussion. However, there are a few thoughts and observations that should strike all those concerned with the situation. First, heavy-handed response by the state security apparatus’ rarely serve to quell violent and disenfranchised armed opposition. To expect al-shabaab to simply dissipate by means of state-sponsored extrajudicial executions and shelling of the civilian populations near which they are potentially operating is a failure on both humanitarian and moral levels. This must be acknowledged as an independent fact, regardless of the nature of violence doled out by al-Shabaab. This applies not only to the Kenyan security forces, but all other security forces involved in the conflagration as well (In particular, Ethiopia and the United States.) Furthermore, as we have seen through countless other recent conflicts in the “global war on terror,” military-interventionist policies are likely to promote hostilities not only within the country being occupied, but potentially the diaspora of that region as well. Viewing all Somali’s as potential suspects is an objectionable violation of the very principles that these countries claim to be fighting for in a “war against terrorism.” Lastly, at the very least, citizens around the globe should continue to be highly skeptical of their governments when a foreign incursion is suggested as a cure-all for “fighting terrorism.” As we’ve seen all too often, it is not just those engaged in the immediate conflict but also those shopping at the markets or attending University that pay the price.
Jason Mueller is a Research Fellow at the ‘Center for the Study of Democracy’ and Graduate (PhD) student in the department of Sociology at the University of California, Irvine. Research areas include: Social Movements, Political Violence, and State Repression, with a particular interest in Somali affairs. He can be reached at: firstname.lastname@example.org
 Ellis, Ralph, Ben Brumfield, and Christian Purefoy. “Five arrested in deadly attack on Kenyan college.” CNN. April 3, 2015. http://www.cnn.com/2015/04/03/africa/kenya-garissa-university-attack/index.html
 Honan, Edith. “Al Shabaab Kills at Least 147 at Kenyan University; Siege Ends.” Reuters. April 3, 2015. http://uk.reuters.com/article/2015/04/02/uk-kenya-security-college-idUKKBN0MT0CS20150402 ; and, “Kenya Sees Biggest Al-Shabaab Attack Yet; 147 Dead.” Modern Ghana. April 3, 2015. http://www.modernghana.com/news/609071/1/kenya-sees-biggest-al-shabaab-attack-yet-147-dead.html
 Ellis, Ralph, Ben Brumfield, and Christian Purefoy. “Five arrested in deadly attack on Kenyan college.”
 “Kenyan Troops ‘kill 60 Al-Shabab Fighters’ in Somalia.” BBC News. January 7, 2012. http://www.bbc.co.uk/news/world-africa-16455039
 McConnell, Tristan. “Who Is Al Shabaab Leader Ahmed Godane?” GlobalPost. October 1, 2013. http://www.globalpost.com/dispatch/news/regions/africa/kenya/131001/who-al-shabaab-leader-ahmed-godane
 Human Rights Watch, “World Report 2013: Somalia.” http://www.hrw.org/world-report/2013/country-chapters/somalia
 Hidalgo, Paul. “Kenya’s Worst Enemy.” Hiiraan. April 24, 2014. http://hiiraan.com/op4/2014/apr/54256/kenya_s_worst_enemy.aspx
 “Exclusive: Kenyan Counterterrorism Police Admit to Extrajudicial Killings.” Al Jazeera. December 8, 2014. http://america.aljazeera.com/articles/2014/12/8/kenyan-counter-terrorismpoliceconfesstoextrajudicialkillings.html
 “Kenya to Respond to Shebab Attack in ‘severest Way’: President.” AFP/Modern Ghana. April 4, 2015. http://www.modernghana.com/news/609246/1/kenya-to-respond-to-shebab-attack-in-severest-way-.html
Perhaps you thought that the security at the Atlanta or Newark, or Dallas airports is bad, obnoxious, the worst in the world… Think twice… Of course it all began there, in the United States, from the first glory days of that hypocritical and deranged “War On Terror”: the humiliation of people, especially Arabs, especially Muslims, especially all those who are not white, but eventually everybody, at least to some degree.
But it did not just stay there. The allies joined in almost immediately, and then the ‘client’ states jumped on the bandwagon, competing in tactics and strategies of how most to humiliate those confused and helpless passengers, by censoring internet sites, digging into emails, monitoring mobile phone communications, and relentlessly spying on both citizens and foreigners.
I have travelled all over the world, to some of the most imaginable and unimaginable places. All the while being monitored and harassed, threatened and periodically attacked, even physically, I have also spread many counter-punches: I have observed, recorded, and published, who does what to whom, who is the most diligent, methodical, and ruthless bully?
Unsurprisingly, the toughest surveillance comes from Western allies and ‘client’ states, all over the world – from places that Washington, London and Paris routinely call ‘thriving democracies’.
Countries that have collapsed socially strive to impress their Western neo-colonial masters, by imposing increasingly harsh security and surveillance measures against their own people. At the same time, they are full-heartedly and enthusiastically signing up to the bizarre, ‘War on Terror’. It gives the local rulers many privileges. If they play it right, their gross human rights violations, and even their killing of the opposition, is not scrutinized.
When I recently worked in South Africa, I was told that the country is now one of the freest on earth. It has nothing to hide and it is not particularly afraid of scrutiny.
“You can photograph here, whatever you want, and nobody will tell you anything”, many of my South African friends explained to me, in Cape Town, Pretoria, Johannesburg, as well as by those living abroad.
It is true. In fact, after few days there, you can easily forget that there are any restrictions, like a ban on filming or photographing police stations or navy ships. Nobody would ever stop you from taping, for instance, battleships at the Simon’s Town base.
South Africa is a proud BRICS country, a left-wing beacon on the African continent and, together with neighboring Zimbabwe, a target of an aggressive negative Western propaganda campaign.
Just as in South Africa, not once was I stopped from filming or photographing in Zimbabwe. And not once was I intimidated, harassed or humiliated by their immigration or customs at the airports.
That is in stark contrast with the West’s allies on the continent – Rwanda, Uganda, Djibouti, Kenya, Ivory Coast or Senegal, to name just a few.
It is not just that ‘everything is forbidden’ there, but ‘violators’ can easily be arrested, harassed, even ‘disappeared’.
When making my film, “Rwanda Gambit”, about Paul Kagame’s monstrous regime, and about the genocide it had been committing (on behalf of the Western powers) in the Democratic Republic of Congo, I tried to film with a small Leica, at the border between Rwanda and DR Congo, at the Gisenyi/Goma crossing. Within a few seconds later, an enormous Congolese soldier grabbed me and began pulling me towards the border post. I have been arrested in Goma once before, and I knew what it amounts to – what it is to rot in the underground intelligence bunker cut off from the outside world.
I was almost certain that, that time, I would not make it out alive. And so I screamed for help in the direction of the Rwandese soldiers who were watching the scene from the other side of the borderline. It is not that they were really eager to help, but the disappearance of a US citizen, an investigative journalist at that, would be an extra, and unnecessary ‘annoyance’. And so they went to work, grabbing my free hand and pulling me back towards Rwanda. The enormous Congolese man in the end lost, and I survived.
All of this over just a few shots! Nobody would ever even think about preventing me from filming on, say the border between Argentina and Chile, or Vietnam and China!
In Rwanda itself, absolutely everything is forbidden, and everybody snitches on everybody. It is forbidden to photograph the streets, the hospitals, and museums, even the genocide memorial! It is strictly banned to photograph or to film their villages, In order to film military installations or prisons, I had to attach a Drift camera to the undercarriage of my car.
In Rwanda and Uganda, everything is under the surveillance. Walls have ears and eyes, so to speak. It is not like surveillance in London, done with high-tech cameras (although these are also beginning to appear); people simply spy on each other, at an unimaginable rate, and the security apparatus appears to be present absolutely everywhere, omnipresent.
But for the West, that is all fine. Both Rwanda and Uganda are plundering DR Congo of Coltan and uranium. The 10 million lives lost there, appears to be just a token price, and the horrors that are occurring in these countries are just some tiny inconvenient episodes not even worth mentioning in the mainstream press.
Security is ‘needed’, in order to maintain ‘order’ – our order.
The humiliation of travellers at Kigali, Kampala or Nairobi airports is indescribable. It is not about security at all, but about a power game, and plain sadism. In Kigali, there are at least 8 ‘security checks’, in Nairobi 6 to 7, depending on the ‘mood’ at the airport.
Three years ago, on behalf of the West (mainly US, UK and Israel), Kenya attacked the oil-rich part of Somalia, where it is now committing atrocities. Its state apparatus also perpetrated several attacks against its own civilian targets, blaming all of them on the al-Qaida linked movement, al-Shabaab. It was done in order to justify the ‘security measures’.
Now there are metal detectors in front of every department store, hotel or office-building in Nairobi. When I, earlier this year, photographed the entrance to a prison, I was literally kidnapped, thrown into the jail and informed: “We will treat you as a terrorist, as an al-Shabaab member, unless you prove that you are not.”
The slightest argument with the Kenyan military forces, or with the corrupt and outrageously arrogant police, leads to detention. And there are cases of people being harassed, sexually molested, even tortured and killed in detention.
The security forces in East Africa cooperate, as the security forces cooperated in the dark years of the fascist military dictatorships in South America.
As I was walking with my friends through Kampala, a huge lone figure slowly walked towards us.
“That is one of the butchers and he comes from Kenya”, I was told. “He tortures and kills people that pose a danger to this regime… He does things no local person would dare to do. Our countries exchange the most sadistic interrogators; ours go to Kenya, Kenyans come here.”
I recalled that even Paul Kagame, now the President of Rwanda, used to serve as the Chief of the Military Intelligence in Uganda.
Yes, the Newark and Houston airport security is bad, and the surveillance in the West is outrageous, but it is being taken to insane extremes in the ‘colonies’.
In Djibouti, which is basically a military enclave of the French Legionnaires, the US air force and other European armed forces (Somalia, Yemen, Eritrea and Ethiopia are all just a stone-throw away), I once complained at the airport that my passport was being checked twice within a distance of 10 feet. As a result, a huge soldier grabbed me, tore my shirt, threw me against the wall, and then smashed my professional camera against a concrete wall. All this happened in front of the horrified passengers of Kenya Airways. That, I found somehow intolerable. It pissed me off so much that I got up, ready to confront the soldier, no matter what. But the horrified voice of a Kenya Airways’ manager stopped me: “Sir, please leave it at this… They can just kill you, and nothing will happen to them. They can do anything they want!”
In Ivory Coast (Côte d’Ivoire), which is yet another French military dependency, and generally a loyal servant to Western interests in West Africa, ‘security’ is the main excuse for keeping undesirable elements, like myself, away from the country. Earlier this year I embarked on a journey there to investigate the chocolate empire activities of the Ukrainian President Poroshenko. Ivory Coast is the biggest producer of cocoa in the world, and ‘the Chocolate King’ is apparently involved in many unsavory practices there.
The authorities were tipped off in advance that I was coming, and the charade began from the moment I landed. I was ordered to produce my yellow fever certificate, which was inside my bag. As I began searching for it, I was roughly ushered into a small room full of sick people quarantine – and informed that I was to be vaccinated again. I found the certificate just a few seconds later, and went out to present it to the authorities. “Back!” they shouted at me. Wait inside for your turn, and tell the doctor that you have found it. The wait turned out to be 2 hours long. Later, I was told that a visa on arrival is no longer available. For days I had to go to the immigration office, from morning to the evening. For days I was fingerprinted and photographed. I clearly saw that wires were disconnected from their computer, every time my turn came round. “Your fingers are not good for fingerprinting! Go to the hospital and bring a certificate that they are not good!” Going there costs US$100 a time, and another wasted day in Abidjan. The hospital said that my fingers were just fine. I had to bribe them to write that they were not.
The US embassy was clearly aware of what was happening. They even sent an officer to ‘assist me’. I showed him that the wires had been pulled out from the computer. “We cannot interfere in other country’s internal affairs”, he explained.
Then, on the last day, when my visa was finally issued, a lady from the US embassy whispered into the phone: “Well, if you write what you do, you must be ready for the consequences”. ‘Honest person’, I thought.
I am almost ‘embarrassed’ to write this, but I have driven on many occasions, all over China (PRC), around at least 8,000 kilometers, but have never been prevented from photographing or filming anything. I have hours and hours of footage and thousands of photographs from many corners of the nation.
A stark, almost grotesque contrast is India, the ‘largest democracy on earth’, according to the Western assessment.
There, nothing is allowed. Forget about filming the battleships near Mumbai (even the Soviet Union does not care – they would put their battleships on the Neva river in Leningrad during celebrations, for everyone to admire and to photograph them, which I did, as a child, when visiting my grandmother). You cannot even photograph that idiot Clive, inside the Victoria Monument in Calcutta.
In India, surveillance is everywhere. It is the perfect police state.
You need a local SIM card in Beijing? Even in the middle of the night, you just go to any kiosk and buy one, no questions asked, no paperwork.
In India, to get a SIM card is one tremendous saga, monstrous bureaucracy, spiced by demands for all sorts of documents and information.
You want to use the internet at New Delhi airport? You have to provide your name, your telephone number, and your email address! I invent names, like Antonio Mierdez or Amorsita Lopez; sometimes it works, sometimes not. In China, you just stick the front page of a passport onto a scanner, and get password within ten seconds. In South Africa, there is not even need for that – the internet is open and free.
And then, those legendary, those epic security checks in India!
The Indian state appears to be thoroughly paranoid, scared of anyone trying to document the reality.
It has developed an allergy to writers, investigative journalists, film-makers and photographers, especially those that happen to be ‘independent’, therefore ‘unpredictable’ and potentially capable of challenging the clichés fabricated in Washington, London and New Delhi, that depict the country as the ‘largest democracy on earth’.
To fight against such threatening elements, the Indian regime, which consists of the moneyed elites, feudal lords, religious fanatics and the military brass, have become pathologically obsessed with security, with surveillance, with relentless checking on things, and people. I have never witnessed such security zeal, even in countries that are under a direct threat from the West: such as Cuba or China.
Even domestic flights in India, from smaller cities like Varanasi or Jaipur, require an entire chain of security steps. Your passport or ID is checked on at least 10 occasions. As you enter the airport, a few steps later, before you are allowed to check in, when you are checking in, as you are entering the departure area, when you are in the departure area (that one is grand – you are forced to step on a platform and everything is checked), when you are entering the departure gate and when you are leaving it for the plane door. Sometimes there are additional checks. It is all, mostly, very rude.
In Turkey, everything is censored. From my official website to ‘Sitemeter’, even the Hong Kong MTR and Beijing and Shenzhen subway maps (maybe just in case someone wants to compare those pathetic subway developments in Istanbul and Ankara, to those in China).
When I called the guest relations supervisor at the four star ‘Kalyon Hotel’ in Istanbul, where I was staying in November 2014, I was told that she “does not know what internet provider is used by the hotel”, but that censorship is actually part of a “security program”, which in turn is part of “the hotel policy”, or vice versa.
She actually kindly suggested that I bring my Mac ‘downstairs’, so the IT manager could “do something with it”. I very politely, declined, remembering an experience two years earlier, at the Sheraton in Istanbul, where the ‘IT manager’ actually installed some spy wear, which totally and immediately corrupted my computer, my email addresses, turning my operating system into something that has since been insisting on functioning almost exclusively in the Turkish language. When I complained over the phone, he, the IT manager, went upstairs, kicked my door, rolled up his sleeves and he let me know that this matter could be settled most effectively, outside the hotel, most likely in the street.
It may sound bizarre, but in the countries literally besieged by hostility from the Empire, like Cuba or even North Korea, security appears to be much more lax than in the nations where the elites are terrified of their own poor majority.
I don’t remember going through any security, in order to enter a theatre or a hotel in Havana. In Pyongyang, North Korea, there are no metal detectors at entrances to shopping centers, or subway stations.
It goes without saying that one is monitored more closely by the security cameras and armies of cops in London or New York, than in Hanoi or Beijing.
The most common mode of modern communication – the mobile phone – is regulated much less or monitored in Vietnam, China or Venezuela, than in India, Japan, or Europe. In fact, Japan recently even discontinued the sale of pre-paid SIM cards; every number has to be meticulously registered and issued only after signing an elaborate contract.
As I keep reporting, the world is full of stereotypes and clichés. Countries are not judged by rational analyses and comparisons, but by chimeras created by commercial mass media, especially those in the West.
Three countries in Latin America are still living the nightmare of the ‘Monroe Doctrine’: Honduras, Paraguay and Colombia. In Paraguay and Honduras, the West basically managed to overthrow progressive governments and installed fascist regimes, not unlike those that reigned all over the continent during Ronald Reagan and Otto Reich’s days. Colombia has been, for decades, a US ‘client’ state.
Surveillance in all three countries is monstrous, and so are gangs and death-squads.
But you would not guess it. If you read Western reports, including those produced by Reporters Without Borders, you would think that the true villains are actually countries like Venezuela and Cuba. But then, you look closely, and see who organizations like Reporters Without Borders are playing with… And surprise-surprise: you will discover names like Otto Reich among them!
When Thailand, another staunch ally of the West and a shamelessly servile state, began photographing people at the airports and borders, I asked an immigration officer in Bangkok, where all the data goes. She answered, without any hesitation: “To your country!” That is, to the United States.
Malaysia and its immigration used to be quite different – relaxed and easy. But then, earlier this year, Obama came aboard his diplomatic tank. I landed in Kuala Lumpur just an hour after his Air Force One had touched town. What did I encounter? A fingerprinting machine at KLIA! Obama left, but the machines are still there. To spy on people, to fingerprint and photograph them, is apparently one of the conditions of being a good friend of the West. That would never have happened in the era of Dr. M!
Even Japan now photographs and fingerprints people arriving from abroad! Japan where one can even easily and freely photograph combat air force bases (some of them, including those in Okinawa, have viewing terraces for tourists, all around them) is now also spying on people! That is, obviously, one of the rules laid down by the gang that is ruling the world.
Of course the Western allies of the United States are not much better.
Do you still remember how Europeans were bitching about having to take of their shoes at US airports? What has happened now? They do it, without protesting, at their own airports, in London, Paris, Munich, everywhere.
In fact, the most repulsive security I have ever encountered in the West was at CDG, in Paris. I was taking a night flight on Asiana Airlines, from Paris to Seoul. The flight was full of Korean tourists in their seventies and eighties. The tables were set up, sadistically, far away from the X-ray machines, so the poor old people had to carry their bags and belongings quite a long distance. Security personnel were yelling at them, insulting them. I protested, on behalf of the Koreans. A tough French dude came up to me and began insulting me. I asked for his name. He turned around and mooned me, in public. He took down his pants and showed me his hairy ass. “My name is Nicolas Sarkozy”, he said. In a way he was right…
Once I arrived very early in the morning, in Darwin, Australia, after working in East Timor. My electronic travel authorization was for ‘tourism’. The unfriendly immigration officer was clearly on her power trip: “What are you going to do in Australia?” I told her I would be meeting some of my academic friends in Sydney.” “That is work, academic exchange!” she barked at me. “You requested a tourist permit.” I explained that we would just have dinner together, perhaps get pissed”. That was the typical Aussie-type of tourism, I thought. The interrogation began and went on for 2 hours. As the sun was rising, I had had enough: “Then deport me!” Of course she did not. Humiliating people was simply a form of entertainment, or how to kill a couple of boring hours. Or how to show people where they really belong!
How free and proud one should feel entering that great world of Western democracies!
One has to lie, of course. Once I was held for 4 hours by the Canadian immigration services, entering from the US by car. Why? I told the truth, that I was coming to interview Roma (Gypsy) people fleeing from persecution in the Czech Republic (a staunch ally of the West).
Leaving Israel is beyond anything that I have ever experienced elsewhere in the world. Especially once Mossad realized that I had come to trash Israel for its treatment of Palestinian people, and for its foreign policy.
We commonly end up discussing my grandparents, my books, and my films. I have already commented: no woman in my life, not even my own mother, wanted to know so much about all the details of my existence, as Mossad agents at the airport! And none of them has ever listened so attentively!
I am totally exhausted from all that freedom given to me by the West and its allies.
My email addresses are corrupted and I don’t even know which publication or television network is actually receiving my stuff. There is absolutely no way to tell. I have no idea which immigration service will screw me next, and how.
I have already got buggered about by the security in Colombia, Canada, Indonesia, Kenya, Djibouti, Ivory Coast, DR Congo, Kenya, the US (entering from Mexico), Bahrain and Australia… I can hardly remember, there is much more…
It is all turning into a game of Russian roulette.
My African, Indian, Arab and Latin American friends and colleagues are, of course, going through much deeper shit.
The question that I keep asking myself is very simple: “What are they all so afraid of?” I don’t mean the US and Europe – those are control freaks and they simply don’t want to lose their control of the world… There, it is all transparent and clear.
But it is not as clear elsewhere: what about those regimes in India and Turkey, in Honduras and Kenya, in Indonesia (you have to show your passport or the national ID, even to board a long distance train!) and Bahrain?
What are they fighting for or against? Who is their enemy?
They are fighting against their own people, aren’t they?
Their ‘War on Terror’ is their war against the majority. The majority are the terror. The West is the guarantee of the status quo.
They – the elites and their masters in the West – watch in panic that in many parts of the world, the people are actually winning.
That is why the security in the West’s ‘client’ states is on the increase. The war against the people goes on. This war is one of the last and brutal spasms of feudalism and imperialism.
Check everything and spy on everybody, so nothing changes, nothing moves. But things are moving, and fast! And all those lies, and surveillance cameras, fingerprints and the ‘disappearing’ of people will not be able to prevent progress. They will never manage to smash the people’s dreams of living in societies free of fear!
Dominion Farms arrived in Kenya’s Yala Swamp basin in 2004 with big promises. The company claimed it would turn a defunct state demonstration farm into a modern rice plantation, provide locals with good jobs, and build hospitals and schools. The American owner of the company, Calvin Burgess, presented himself as a ‘man of God’, on a mission to bring US-style progress to Africa. The locals, sold on this grand vision, decided – with some hesitation and dissent – to allow Dominion to farm on 3,700 ha of their lands.
But a decade later, the communities have harvested nothing but hardship.
Yala Swamp (Photo: Janak Communications)
“When Burgess came, we did not object to him taking the lands that had already been allocated to the Government years before for the development of an experimental farm,” says Erastus Odindo, a local farmer. “But Dominion Farms has put a fence around much more land than that. The company has taken over all of our community lands without our consent and blocked our access to water.”
Odindo and other local farmers lost nearly all of the lands that they use for grazing their cattle.
“Burgess mocked our farming methods and said we should abandon our traditional cattle breed because it was backwards,” says Odindo. “But now he’s put a fence around our grazing lands and is using the lands for his own local cattle. We are losing doubly because he then sells the cattle on the local market and undercuts us.”
The agreements that Dominion Farms signed with local authorities were for a large scale rice farm. But the company has also gone into cattle, vegetables, bananas and fish.
“The company produces and sells the same foods we local farmers produce,” says Odindo. “First Dominion took our lands and water away from us, and now it is taking our markets. And they are not doing agriculture in a more efficient way than us local farmers. All the machines they have are just for making noise.”
Dominion’s rice farm now extends right up to the edge of Odindo’s village. “When the company sprays pesticides by plane, it comes directly into our homes, poisoning people and contaminating our water supply,” he says. “Workers also face regular exposure to pesticides.”
The local communities accuse Dominion of polluting their soil, water and air, and of badly damaging the area’s biodiversity. They say that it is now difficult to access clean water because of the pollution by pesticides and chemical fertilisers, and that this is damaging the health of mothers and children.
Odindo says that the company’s promises of good jobs have also proven to be a mirage. Most workers are employed on a casual basis, with only a few watchmen hired as permanent staff. Their pay is irregular and sometimes late. “The company hasn’t been paying wages over the past two months and people have been wondering if it’s in financial problems,” says Odindo.
But Dominion still seems intent on grabbing more lands. Having already taken control of all the lands collectively managed by the communities, the company is now aggressively pursuing deals with private land holders. Odindo says that they believe that Dominion is working with Kenyan millionaires to secure land for large agriculture projects, such as a sugar cane plantation that the company is in the initial stages of implementing.
Meanwhile Dominion Farms is also pursuing a new project for a rice plantation in Taraba State, Nigeria, that would be several times the size of its Yala Swamp venture. Odindo hopes that the communities in Nigeria can learn from what his community has gone through and not be duped by Dominion’s promises.
For further information, please contact:
Erastus Odindo: email@example.com
Chris Owalla: firstname.lastname@example.org
(Thanks to Chris Owalla of CIAG-Kenya for his help with this interview)
A federal district court dismissed a case that was brought by the American Civil Liberties Union on behalf of a United States citizen and against US government officials who allegedly tortured, abused and subjected him to rendition and incommunicado detention in Kenya, Somalia and Ethiopia. The dismissal was another stark example of how it is nearly impossible for torture victims to push for justice in an American court of law.
Amir Meshal was in the Horn of Africa when, on January 24, 2007, Kenyan soldiers captured and interrogated him. He was “hooded, handcuffed and flown to Nairobi, where he was taken to the Ruai Police Station and questioned by an officer of Kenya’s Criminal Investigation Department” and was told that the police had to “find out what the United States wanted to do with him before he could send him back to the United States.” He remained in detention without access to a telephone or his attorney for a week, according to the US District Court of the District of Columbia’s decision [PDF].
On February 3, “three Americans,” who turned out to be FBI agents, interrogated Meshal and told him he would be handed over to the Kenyans and remain stuck in a “lawless country” if he did not cooperate. The agents also accused him of “having received weapons and interrogation resistance training in an al Qaeda camp.” Supervising Special Agent Chris Higgenbotham, one of the officials sued, threatened Meshal with being transferred to Israel where the Israelis would “make him disappear.” Meshal was informed that another US citizen he had met in Kenya, Daniel Maldonado, who was also seized by Kenyan soldiers, “had a lot to say about” him and his story “would have to match.”
Meshal was flown by Kenyan officials to Somalia with twelve others on February 9. He was “detained in handcuffs in an underground room with no windows or toilets,” which was referred to as “the cave.” This was allegedly to prevent pressure from Kenyan courts to halt his detention and interrogation by FBI agents.
About a week later, Meshal was transported in handcuffs and a blindfold to Addis Ababa, Ethiopia. He was held there in incommunicado detention for a week before Ethiopian officials started \regularly transporting him to a villa with other prisoners where he could be interrogated by FBI agents. He remained in detention for three months and was moved into solitary confinement twice.
Finally, on May 24, he was taken to the US Embassy in Addis Ababa and flown back to the US. He was detained for four months and lost eighty pounds. US officials never charged him with a crime.
Judge Emmet G. Sullivan, who was appointed by President Bill Clinton, wrote in the decision, “The facts alleged in this case and the legal questions presented are deeply troubling.” But, he added, “Although Congress has legislated with respect to detainee rights, it has provided no civil remedies for US citizens subject to the appalling mistreatment Mr. Meshal has alleged against officials of his own government.”
In the past couple of years, Sullivan acknowledged, three federal appeals courts, including the appeals court for the DC Circuit, had rejected cases brought by citizens, including military contractors, who alleged they had been tortured or abused by US government officials. He claimed, “Only the legislative branch can provide United States citizens with a remedy for mistreatment by the United States government on foreign soil; this court cannot.”
ACLU National Security Project Director Hina Shamsi reacted, “While we appreciate the court’s outrage at the appalling mistreatment Mr. Meshal suffered at the hands of his own government, we are deeply disappointed at the court’s conclusion that it does not have the power to provide him a remedy.
“It is a sad day for Mr. Meshal and for all Americans, who have a right to expect better of their government and their courts than immunity for terrible government misconduct,” Shamsi added.
The judge’s decision “sends a deeply troubling and negative signal,” Shamsi told Firedoglake. “We’re considering our next steps in this case.”
Meshal was only seeking to hold particular US government officials responsible for the torture and abuse he had experienced. Nonetheless, Sullivan essentially accepted the government’s “national security” argument—that Meshal was “attacking the nation’s foreign policy, specifically joint operations in the Horn of Africa and executive policies which permit FBI agents to conduct and participate in investigations abroad.”
“As the government points out, these claims have the potential to implicate ‘national security threats in the Horn of Africa region; substance and sources of intelligence; the extent to which each government in the region participates in or cooperates with U.S. operations to identify, apprehend, detain, and question suspected terrorists on their soil; [and] the actions taken by each government as part of any participation or cooperation with U.S. operations.’”
In other words, allowing Meshal to sue US government officials would interfere with affairs that were entirely in the control of the Executive Branch and violate separation of powers. US government officials can engage in all manner of conduct against an individual so long as he or she is in the custody of a foreign government.
Jose Padilla, a US citizen who was detained as an enemy combatant and allegedly tortured for three years while he was in US military custody on the mainland, had his case dismissed. A US citizen and government contractor who alleged he had been “illegally detained, interrogated and tortured for nearly ten months on a US military base in Iraq” had his case dismissed. And US citizens Donald Vance and Nathan Ertel, who were US government contractors allegedly detained, arrested and tortured by the US military in Iraq, had their case dismissed.
These were the cases that Sullivan believed were “binding precedent” he had to follow yet he noted that a dissenting opinion in Vance’s case had warned that the judicial branch was “creating a doctrine of constitutional triviality where private actions are permitted only if they cannot possibly offend anyone anywhere.”
Judge Ann Claire Williams added, “That approach undermines our essential constitutional protections in the circumstances when they are often most necessary.” Sullivan added that the court feared this prediction was “arguably correct.”
FBI Supervising Special Agent Chris Higgenbotham forced Meshal to sign forms and told Meshal when he did not want to sign, “If you want to go home, this will help you get there. If you don’t cooperate with us, you’ll be in the hands of the Kenyans, and they don’t want you.”
Another Supervising Special Agent, Steve Hersem, told Meshal if he “confessed his connection to al Qaeda” only then would he be granted due process in a civilian court. Otherwise, if he didn’t “confess” he would be transferred to Somalia. Hersem also told Meshal he would “send him to Egypt, where he would be imprisoned and tortured if he did not cooperate and admit his connection with al Qaeda, and told him ‘you made it so that even your grand-kids are going to be affected by what you did.’”
While in Ethiopia, an unidentified FBI agent said he would only be sent home if he was “truthful.” Meshal repeatedly ask to speak to his lawyer but agents denied his requests.
The reality is that covert operations in America’s dirty wars are now more sacrosanct to the US government than the rights US citizens are supposed to enjoy.
US government officials deliberately refused to provide Meshal with a probable cause hearing or some form of due process. In fact, one of the only reasons the US Embassy got involved and he was eventually transported back to the US is because McClatchy Newspapers became aware of his detention and published a story under the headline, “American’s rendition may have broken international, US laws.”
If a US media organization had not found out about his mistreatment, how much longer would he have been held and interrogated by FBI agents who were threatening him daily?
On May 23, 2012, then-Secretary of State Hillary Clinton went to the Special Operations Forces Industry Conference (SOFIC) trade show in Tampa, Florida to share her vision of “smart power” and to explain the State Department’s crucial role in extending the reach and efficacy of America’s growing “international counterterrorism network.”
First, there is such a thing as a “Special Operations Forces Industry Conference trade show.” Without some keen reporting by David Axe of Wired, that peculiar get-together might’ve flown completely under the radar—much like the shadowy “industry” it both supports and feeds off of like a sleek, camouflaged lamprey attached to a taxpayer-fattened shark.
Second, “special operations” have officially metastasized into a full-fledged industry. United States Special Operations Command (USSOCOM) is located at MacDill Air Force Base in Tampa and, therefore, conveniently located near the special operations trade show, which happened again this year at the Tampa Convention Center. The theme was “Strengthening the Global SOF Network” and the 600,000-square-foot facility was filled with targets of opportunity for well-connected and well-heeled defense contractors.
According to the SOFIC website, this year’s conference afforded attendees “the opportunity to engage with USSOCOM Program Executive Officers, Science and Technology Managers, Office of Small Business Programs and Technology & Industry Liaison Office representatives, and other acquisition experts who will identify top priorities, business opportunities, and interests as they relate to USSOCOM acquisition programs.”
Third, Hillary’s widely-ignored speech marked a radical departure from the widely-held perception that the State Department’s diplomatic mission endures as an institutional alternative to the Pentagon’s military planning. Instead, Secretary Clinton celebrated the transformation of Foggy Bottom into a full partner with the Pentagon’s ever-widening efforts around the globe, touting both the role of diplomats in paving the way for shadowy special ops in so-called “hot spots” and the State Department’s “hand-in-glove” coordination with Special Forces in places like Pakistan and Yemen.
Finally, with little fanfare or coverage, America’s lead diplomat stood before the shadow war industry and itemized the integration of the State Department’s planning and personnel with the Pentagon’s global counter-terrorism campaign which, she told the special operations industry, happen “in one form or another in more than 100 countries around the world.”
If this isn’t entirely unexpected, consider the fact that under then-Secretaries of State Colin Powell and Condoleezza Rice, the State Department fought attempts by the Pentagon to trump its authority around the globe and, as reported by the Washington Post, “repeatedly blocked Pentagon efforts to send Special Operations forces into countries surreptitiously and without ambassadors’ formal approval.”
But that was before Hillary brought her “fast and flexible” doctrine of “smart power” to Foggy Bottom and, according to her remarks, before she applied lessons learned from her time on the Senate Armed Services Committee to launch the first-ever Quadrennial Diplomacy and Development Review, which she modeled on the Pentagon’s Quadrennial Defense Review. That Pentagon-style review spurred the creation of the Bureau of Conflict and Stabilization Operations to “advance the U.S. government’s foreign policy goals in conflict areas.”
According to a Congressional Research Service analysis, the initial intent of the Conflict Bureau was to replace the ineffectual Office of the Coordinator of Reconstruction and Stabilization, which was created in 2004 to help manage “stabilization” efforts in two nations the U.S. was actively destabilizing—Afghanistan and Iraq.
But the new, improved bureau does more than just react to messes made by unlawful invasions or direct costly remediation efforts in war zones—it also collaborates with “relevant partners” in the Department of Defense and NATO “to harmonize civilian and military plans and operations pertaining to conflict prevention, crisis response, and stabilization.”
This integrated relationship between State and Defense was confirmed by U.S. Special Operations chief Admiral William McRaven shortly after Hillary’s speech. When asked about the “unlikely partnership,” McRaven assured DefenseNews that SOCOM has “an absolutely magnificent relationship with the State Department” and that SOCOM doesn’t “do anything that isn’t absolutely fully coordinated and approved by the U.S. ambassador and the geographic combatant commander.”
As David Axe aptly described it in Wired, “Together, Special Operations Forces and State’s new Conflict Bureau are the twin arms of an expanding institution for waging small, low-intensity shadow wars all over the world.”
In fact, during Hillary’s time as America’s chief diplomat, the State Department embraced the shadowy edge of U.S. foreign policy where decision-makers engage in activities that look like war, sound like war and, if you were to ask civilians in places like Yemen and Pakistan, feel a lot like war, but never quite have to meet the Constitutional requirement of being officially declared as war.
The Whole-of-Government Shift
Once upon a time, “low-intensity shadow wars” were the Congressionally-regulated bailiwick of the Central Intelligence Agency. But 9/11 changed everything. However, the excesses of the Bush Administration led many to hope that Obama could and would change everything back or, at least, relax America’s tense embrace of “the dark side.”
Although the new administration did officially re-brand “The War on Terror” as “Overseas Contingency Operations,” Team Obama employed an increasingly elastic interpretation of the 9/11-inspired Authorization for Use of Military Force and expanded covert ops, special ops, drone strikes and regime change to peoples and places well-beyond the law’s original intent, and certainly beyond the limited scope of CIA covert action.
Obama’s growing counter-terrorism campaign—involving, as Secretary Clinton said, “more than 100 countries”—took flight with a new, ecumenical approach called the “Whole-of-Government” strategy. Advanced by then-Secretary of Defense Bill Gates and quickly adopted by the new administration in early 2009, this strategy catalyzed an institutional shift toward inter-agency cooperation, particularly in the case of “state-building” (a.k.a. “nation building”).
During remarks to the Brookings Institution in 2010, Secretary Clinton explained the shift: “One of our goals coming into the administration was… to begin to make the case that defense, diplomacy and development were not separate entities, either in substance or process, but that indeed they had to be viewed as part of an integrated whole and that the whole of government then had to be enlisted in their pursuit.”
Essentially, the Whole-of-Government approach is a re-branded and expanded version of Pentagon’s doctrine of “Full-Spectrum Dominance.” Coincidentally, that strategy was featured in the Clinton Administration’s final Annual Report to the President and Congress in 2001. It defined “Full-Spectrum Dominance” as “an ability to conduct prompt, sustained, and synchronized operations with forces tailored to specific situations and possessing freedom to operate in all domains—space, sea, land, air, and information.”
In 2001, Full-Spectrum Dominance referred specifically to 20th Century notions of battlefield-style conflicts. But the “dark side” of the War on Terror stretched the idea of the battlefield well-beyond symmetrical military engagements. “Irregular warfare” became the catchphrase du jour, particularly as grinding campaigns in Afghanistan and Iraq exposed the reality that the full spectrum still wasn’t enough.
An assessment by the Congressional Research Service identified the primary impetus for the Whole-of-Government “reforms” embraced by Team Obama as the “perceived deficiencies of previous inter-agency missions” during the military campaigns in Afghanistan and Iraq. Those missions failed to address a myriad of problems created—culturally, economically and politically—by the wholesale bombing and occupation of those countries. The Full-Spectrum was half-baked. Lesson learned.
But the lesson wasn’t that the U.S. should avoid intervention, regime change or unleashing nascent civil, ethnic or religious conflicts. Instead, the lesson was that the “Whole-of-Government” must be marshaled to fight a worldwide array of Overseas Contingency Operations in “more than 100 countries.”
This Whole-of-Government shift signaled a renewed willingness to engage on variety of new fronts—particularly in Africa—but in a “fast and flexible” way. With other agencies—like the State Department—integrated and, in effect, fronting the counter-terrorism campaign, the military footprint becomes smaller and, therefore, easier to manage locally, domestically and internationally.
In some ways, the Whole-of-Government national security strategy is plausible deniability writ-large through the cover of interagency integration. By merging harder-to-justify military and covert actions into a larger, civilian-themed command structure, the impact of the national security policy overseas is hidden—or at least obfuscated—by the diplomatic “stabilization” efforts run through the State Department—whether it’s the Conflict Bureau working against Joseph Kony’s Lord’s Resistance Army in Central Africa, “stabilizing” post-Gaddafi Libya or spending $27 million to organize the opposition to Bashar al-Assad’s Syrian regime.
The Pass Key
The cover of diplomacy has traditionally been an effective way to slip covert operators into countries and the State Department’s vast network of embassies and consulates still offers an unparalleled “pass-key” into sovereign nations, emerging hot spots and potential targets for regime change. In 2001, the Annual Report to the President and Congress foresaw the need for more access: “Given the global nature of our interests and obligations, the United States must maintain the ability to rapidly project power worldwide in order to achieve full-spectrum dominance.”
Having the way “pre-paved” is, based on Hillary’s doctrinal shift at State, a key part of the new, fuller-spectrum, Whole-of-Government, mission-integrated version of diplomacy. At the SOFIC’s Special Operations Gala Dinner in 2012, Hillary celebrated the integration of diplomatic personnel and Special Operations military units at the State Department’s recently created Center for Strategic Counterterrorism Communications—a “nerve center in Washington” that coordinates “military and civilian teams around the world” and serves “as a force multiplier for our embassies’ communications efforts.”
As with most doors in Washington, that relationship swings both ways and mission-integrated embassies have served as an effective force multiplier for the Pentagon’s full spectrum of activities, particularly around Africa.
In his 2011 testimony before the House Foreign Affairs Committee Subcommittee on Africa, Deputy Assistant Secretary of State for African Affairs Don Yamamoto noted that State had “significantly expanded the number of DoD personnel who are integrated into embassies across the continent over the past three years,” and read a surprisingly long laundry list of collaborative efforts between State and the United States Africa Command (AFRICOM), including: “reduction of excess and poorly secured man-portable air defense systems (MANPADS); Defense Sector Reform in Liberia, DRC, and South Sudan; counterpiracy activities off the Somali coast; maritime safety and security capacity building; and civil-military cooperation.”
It seems that “civil-military cooperation” is a primary focus of the State Department in Africa. Most notably, Yamamoto told Congress that “embassies implement Department of State-funded Foreign Military Financing (FMF) and International Military Education and Training (IMET) programs, which further U.S. interests in Africa by helping to professionalize African militaries, while also assisting our African partners to be more equipped and trained to work toward common security goals.”
As the ever-vigilant Nick Turse recently reported, U.S. presence on the continent has only grown since that testimony was given in 2011. On TomDispatch.com, Turse identified the infamous attack on Benghazi on September 11, 2012 as the catalyst for “Operation New Normal”—the continent-wide response to, quite ironically, the political potboiler still simmering around Secretary Clinton. Whether or not Congressional Republicans find anything more than incompetence at the root of Benghazi, the U.S. military certainly finds itself in a “new normal” of increased activity in response to the forces—and the weaponry—unleashed by U.S.-led regime change in Libya. According to Turse, the U.S. is “now conducting operations alongside almost every African military in almost every African country and averaging more than a mission a day.”
Those missions are, of course, integrated with and augmented by the State Department’s Conflict Bureau which has used a variety of state-building programs and its diplomatic “pass key” in places like Libya, Nigeria, Kenya, South Sudan, Somalia, Democratic Republic of the Congo and six other African nations, all to develop a growing roster of “host country partners.”
Establishing “host country partners” is the nexus where the State Department, its Conflict Bureau and the AFRICOM meet—implementing the Whole-of-Government strategy in emerging or current conflict zones to fuse a mounting counter-terrorism campaign with stabilization, modernization and state-building initiatives, particularly in oil and resource-rich areas like the Niger River Delta, Central Africa and around AFRICOM’s military foothold on the Horn of Africa.
As Richard J. Wilhelm, a Senior Vice President with defense and intelligence contracting giant Booz Allen Hamilton, pointed out in a video talk about “mission integration,” AFRICOM’s coordination with the Departments of State and Commerce, USAID is the “most striking example of the Whole-of-Government approach.”
And this is exactly the type of “hand-in-glove” relationship Secretary Clinton fostered throughout her tenure at State, leveraging the resources of the department in a growing list of conflict areas where insurgents, terrorists, al-Qaeda affiliates, suspected militants or uncooperative regimes threaten to run afoul of so-called “U.S. interests”.
Ultimately, it became a hand-in-pocket relationship when Clinton and Defense Secretary Gates developed the Global Security Contingency Fund (GSCF) to “incentivize joint planning and to pool the resources of the Departments of State and Defense, along with the expertise of other departments, to provide security sector assistance for partner countries so they can address emergent challenges and opportunities important to U.S. national security.”
Although he’s been criticized as feckless and deemed less hawkish than Secretary Clinton, President Obama’s newly-proposed Counterterrorism Partnership Fund (CTPF) is the logical extension of the Clinton-Gates Global Security Contingency Fund and epitomizes the Whole-of-Government shift.
The $5 billion Obama wants will dwarf the $250 million pooled into the GSCF and will, the President said at West Point, “give us flexibility to fulfill different missions including training security forces in Yemen who have gone on the offensive against al Qaeda; supporting a multinational force to keep the peace in Somalia; working with European allies to train a functioning security force and border patrol in Libya; and facilitating French operations in Mali.”
That “flexibility” is exactly what Hillary Clinton instituted at State and touted at the SOFIC conference in 2012. It also portends a long-term shift to less invasive forms of regime change like those in Yemen, Libya, Syria and Ukraine, and an increased mission flexibility that will make the Authorization for the Use of Military Force functionally irrelevant.
Normalizing the War on Terror
The ultimate outcome of this shift is, to borrow from Nick Turse, yet another “new normal”—the new normalization of the War on Terror. What the adoption of the Whole-of-Government/mission integration approach has done is to normalize the implementation of the re-branded War on Terror (a.k.a. Overseas Contingency Operations) across key agencies of the government and masked it, for lack of the better term, under the rubric of stabilization, development and democracy building.
It is, in effect, the return of a key Cold War policy of “regime support” for clients and “regime change” for non-client states, particularly in strategically-located areas and resource-rich regions. Regimes—whether or not they actually “reflect American values”—can count on U.S. financial, military and mission-integrated diplomatic support so long as they can claim to be endangered… not by communists, but by terrorists.
And because terrorism is a tactic—not a political system or a regime—the shadowy, State Department-assisted Special Ops industry that fights them will, unlike the sullen enthusiasts of the Cold War, never be bereft of an enemy.
Britain systematically destroyed documents in colonies that were about to gain independence, declassified Foreign Office files reveal. ‘Operation Legacy’ saw sensitive documents secretly burnt or dumped to cover up traces of British activities.
The latest National Archives publication made from a collection of 8,800 colonial-era files held by the Foreign Office for decades revealed deliberate document elimination by British authorities in former colonies.
The secret program dubbed ‘Operation Legacy’ was in force throughout the 1950s and 1960s, in at least 23 countries and territories under British rule that eventually gained independence after WWII. Among others these countries included: Belize, British Guiana, Jamaica, Kenya, Malaysia and Singapore, Northern Rhodesia (today Zambia and Zimbabwe), Tanzania, and Uganda.
In a telegram from the UK Colonial Office dispatched to British embassies on May 3, 1961, colonial secretary Iain Macleod instructed diplomats to withhold official documents from newly elected independent governments in those countries, and presented general guidance on what to do.
British diplomats were briefed on how exactly they were supposed to get rid of documents that “might embarrass members of the police, military forces, public servants (such as police agents or informers)” or “might compromise sources of intelligence”, or could be put to ‘wrong’ use by incoming national authorities.
‘Operation Legacy’ also called for the destruction or removal of “all papers which are likely to be interpreted, either reasonably or by malice, as indicating racial prejudice or bias”.
The newly declassified files revealed that the Royal Navy base in Singapore was turned into the Asian region’s primary document destruction center. A special facility called a “splendid incinerator” was used to burn “lorry loads of files”, Agence France-Presse reported.
The “central incinerator” in Singapore was necessary to avoid a situation similar to that in India in 1947, when a “pall of smoke” from British officials burning their papers in Delhi, ahead of India proclaiming independence, filled the local press with critical reports. That diplomatic oversight was taken into account, as ‘Operation Legacy’ operatives were strictly instructed not to burn documents openly.
But not all the doomed archives could be shipped to Singapore. In some cases documents were eliminated on site, sometimes being dumped in the sea “at the maximum practicable distance from shore” and in deep, current-free areas, the National Archives publication claims.
The newly published collection of documents reveals that the British cleared out Kenyan intelligence files that contained information about abuse and torture of Kenyans during the Mau Mau uprising against British colonial rule in the 1950s. A special committee formed in 1961 coordinated document elimination in Kenya. Yet some files were spared simply when an estimated 307 boxes of documents were evacuated to Britain, just months ahead of the country gaining independence in December 1963.
The existence of some remaining Mau Mau legal case documents was revealed in January 2011.
Even after eliminating important evidence half a century ago, earlier in 2013 the British government was forced to pay 23 million dollars in compensation to over 5,200 elderly Kenyans, who had suffered from Britain’s punitive measures during the Mau Mau uprising.
In another documented occasion, in April 1957, five lorries delivered tons of documents from the British High Commission in Kuala Lumpur to the Royal Navy base in Singapore. Files were incinerated there; these contained details about British rule in Malaya, such as a massacre of 24 rubber plantation workers at the Malayan village of Batang Kali in 1948, who had allegedly been murdered by British soldiers.
Despite the mass document elimination, Britain’s Foreign Office still has some 1.2 million unpublished documents on British colonial policy, David Anderson, professor of African history at the University of Warwick, told AFP.
So Her Majesty’s government might still publish more valuable material that can shed more light on how one of the biggest empires in human history used to be governed. Overall, Britain had total control over 50 colonies including Canada, India, Australia, Nigeria, and Jamaica. Currently, there are 14 British Overseas Territories that remain under British rule, though most of them are self-governing and all have leaderships of their own.
In the wake of terrorist attacks that invariably seem to benefit Israel, an increasingly expected feature is the incredible tales of lucky escapes — some less credible than others — subsequently told either by Israelis or Tel Aviv’s foreign agents. Soon after the attacks on September 11, 2001, the former chairman of the United Jewish Appeal in New York explained how his wife’s insistence that he not miss a dermatologist’s appointment that morning saved him from almost certain death in the Twin Towers. The owner of the World Trade Center had spent every morning subsequent to July 26 holding breakfast meetings in the Windows on the World restaurant and getting to know his new tenants right up to the morning of September 10. Within hours of three WTC towers being demolished, Silverstein’s close friend Benjamin Netanyahu predicted that the day’s horrific events would be “very good” for Israel’s relations with the United States.
Like the 9/11 attacks on the U.S., stories have also emerged of Israelis who miraculously escaped serious harm or death during last month’s terrorist attack on the Israeli-owned Westgate shopping mall in Nairobi, Kenya. As Albert Attias, the head of the Jewish community in the Kenyan capital and an Israeli military veteran, told the Jewish Telegraphic Agency:
No Jews were among the victims of the attack, according to Attias, which occurred as many community members attended the bar mitzvah celebration of an Israeli diplomat’s son.
However, one member of the Jewish community, comprised mostly of Israeli businessmen and their families, who wasn’t lucky enough to have been attending the bar mitzvah celebration hosted by the anonymous diplomat as the attack started at the Israeli-owned Artcaffe brasserie, had his incredible tale recounted by a named Israeli diplomat. Reports The Jewish Press:
Omri, an Israeli employed at the Kenyan capital Nairobi Westgate shopping center which is still under terrorist attack this weekend, told Israeli consul Sima Amitai that he saw a hand grenade rolling between his legs and exploding. Both Omri’s legs were injured in the explosion, but only lightly. “It was a miracle,” he said.
Amitai met Omri in a Nairobi hospital where he had been treated for his injuries. She then took him to recover in her own apartment in toen [sic].
A report in Israel Hayom that only refers to “Omri” as “another Israeli who suffered light shrapnel wounds in his lower limbs” provides little further explanation of the consul’s surprising move:
He was taken to a local hospital, but the Israeli consul in Nairobi, Sima Amitai, decided to transfer him to her home for the reminder [sic] of his treatment.
Interestingly, the caring consul’s previous posting appears to have been to Bulgaria, a country that also recently experienced a murky terrorist attack on an Israeli target. There are reports of Amitai attending events in Sofia in 2006 and 2009, but it is unclear whether she was still working in Bulgaria during the Burgas bus bombing on July 18, 2012, or if by then she had already been posted to Kenya.
The Jewish Press also reports that Israel’s Deputy Ambassador to Kenya Yaki Lopez and the embassy’s security officer arrived at the command center of the local security forces soon after the first reports about the attack:
“We knew the shopping center is owned by Israelis and renowned as a place where many Israelis hang out,” Lopez told Maariv. “Four of the restaurants there are also owned by Israelis and many Israelis are employed in the place. They were our main concern—but we also support our Kenyan friends and ready to assist in whichever way they ask.”
Yet despite the large number of Israeli employers, employees and customers one would normally expect to have been in the Westgate mall, “Omri” appears to have been only one of three Israeli nationals left inside the mall during the siege:
Two other Israelis had been trapped inside the mall. One, a woman, was eventually rescued by Kenyan forces. She reported hearing shots and hand grenade explosions around her hiding place. She kept in phone contact with embassy staff throughout the ordeal. A third Israeli managed to flee on his own from the mall.
Officials in the Israeli foreign ministry said that three Israeli citizens that were in the mall at the time of the attack were able to escape unharmed and were collected by the Deputy Israeli Ambassador to Kenya Yaki Lopez and the embassy security officer that were present on the scene.
Two Israeli men that managed to escape on their own and an Israeli woman that hid in one of the businesses and was rescued by the local security forces. A senior official at the foreign ministry said that the families of the Israelis that escaped the incident were informed. The ministry said that beyond these persons it is believed that no other Israelis were present.
Although Israeli police and intelligence sources are claiming that “they fell down badly in Kenya,” with Israeli security agents apparently having failed to detect extensive terrorist surveillance of the Westgate mall and the smuggling into it of large stocks of ammunition, they must at least be relieved that no Israeli suffered more than light shrapnel wounds in an attack that resulted in at least 72 deaths — and another massive boost for Israel’s already booming “security” industry.
Maidhc Ó Cathail is an investigative journalist and Middle East analyst. He is also the creator and editor of The Passionate Attachment blog, which focuses primarily on the U.S.-Israeli relationship. You can follow him on Facebook and Twitter @O_Cathail.
By Stephen Roblin · NYTX · July 4, 2013
Evidently, in the worldview of the New York Times, the United States can play a “vital role in improving” a country despite subjecting it to mass famine death, while at the same time be a victim of the country’s internal troubles. This remarkable interpretation of recent events is implied from the few statements made about Somalia this past week.
As Carol Giacomo, a member of the NYT’s editorial board, informs us, the Obama administration “has played critical roles in stabilizing Somalia.” Elsewhere, NYT reporters cite the view of J. Stephen Morrison, an analyst at the Center for Strategic and International Studies, that the administration has played a “vital role in improving Somalia, a country whose troubles have bedeviled several American presidents.” When Somalia is the topic of discussion, the views expressed here are often put forth and taken for granted.
Before subjecting these views to Obama’s actual record, let us briefly entertain a hypothetical in order to achieve some helpful perspective. Imagine that Syria was on the brink of famine. And in its effort to prop up the Assad regime and prevent aid from “benefitting” the rebels, the Iranian government prevented international humanitarian relief agencies from providing life-saving assistance to civilians in rebel-controlled territory. By doing so in this hypothetical, Tehran played a major role in causing the death of an estimated 250,000 people. Needless to say, the American press would not overlook this policy in investigating whether Iran has played a “vital role in improving” Syria.
Of course, no historical analogy is perfect. But the one drawn here is sufficiently close to illustrate how remarkable the statements cited above are in light of the Obama administration’s record on the 2011 Somali famine, which may have killed over 250,000 people, according to a recent mortality study.
Obama’s contribution to humanitarianism has been to lead an assault on the very notion of humanitarian relief. The victims of the Somali famine are part of this legacy. By instituting and enforcing “counterterrorism” restrictions on aid operations, his administration effectively criminalized humanitarian relief in regions where anyone labelled a “terrorist” resides. In Somalia, this meant criminalizing relief in Al Shabaab-controlled territory, which was nearly all of southern Somalia. Due to these restrictions and Al Shabaab’s ban on numerous Western aid agencies, the region was largely “depopulated” of humanitarian relief operations. When an “epic” drought hit the Horn of Africa in late 2010 and 2011, the conditions were ripe for famine. (For a detailed assessment of the famine’s various causes and contributive factors, see the special issue on the Somalia famine in Global Food Security.) Despite the fact that the catastrophe was predicted close to a year in advance, the U.S. refused to de-criminalize humanitarian relief in the region, even after the UN officially declared famine in July 2011.
Obama did offer nice words as the horror that he helped create unfolded. “[T]ogether, we must insist on unrestricted humanitarian access,” he declared, “so that we can save the lives of thousands of men and women and children.” Ever the moral leader, he called on us to “show that the life of a child in Somalia is as precious as any other.” His record is understood well enough to unveil the deep cynicism and contempt present in these words. (See: Ken Menkhaus, “No access: Critical bottlenecks in the 2011 Somali famine,” Global Food Security, December 2012; Roblin, “New Study Claims Over 250,000 Died From 2011 Somali Famine, U.S.-Al Shabaab Savagery To Blame,” ZNet, May 11, 2013; Roblin, “The ‘Unscandal’ of Mass Famine Deaths in Somalia,” NYT eXaminer, Jun 26, 2013; and “Horn of Africa Crisis: Somalia’s Famine,” Al Jazeera, November 29, 2011.)
It’s true that to some degree conditions in Somalia have improved, particularly on the political front. However, it’s arguable that progress in this area has occurred largely in spite of the policies pursued by the U.S. and other Western “donors,” rather than because of them. Putting aside this issue, we should recall that since 2006 Somalia has struggled to climb out of the hell that Washington and its regional client, Ethiopia, created. Indeed, Somalia has been “bedeviled” by Washington far more than the other way around–there’s simply no comparison. Here’s a quick list of some of the more notable policies pursued by Somalia’s patron saint: the closure of Somalia’s largest remittance company, Al Barakaat, in November 2001; hiring warlords to wage a dirty war on the streets of Mogadishu (2004-2006); authoring Ethiopian aggression and backing its brutal two year-long occupation (2006-2009); criminal airstrikes and drone strikes (see link); criminalizing humanitarian relief (2009 to present); and supporting Kenya’s criminal invasion that began in October 2011. (For more on this record, see my articles: “War and famine, the only option?,” part I and part II, ZNet, September 2011; “Kenya’s Criminal Assault on Famine-Stricken Somalia,” Truthout, December 18, 2011; “Somalia’s ‘Climate of Impunity’ Enjoyed By More Than Just Pirates,” NYT eXaminer, August 1, 2012; and “The Maury Levy Method of Journalism,” NYT eXaminer, October 28, 2012.)
To conclude, when readers of the “paper of record” come across historical themes that concern Somalia, they should assume the opposite is true and then investigate for themselves. Last week confirmed the reliability of this heuristic device, which very well may have wider application.
British Respect party MP George Galloway has slammed the government’s small payment of £3,000 apiece to Kenyan victims of torture and mistreatment under British colonial rule during the 1950s.
On Press TV’s weekly program Comment, Galloway reviewed the torture Kenyans experienced during the Mau Mau uprising against British colonial rule, explaining that a recent compensation of around £20 million to 5,000 victims is not enough.
“Now that sounds like a lot of money [£20 million] but it actually works out at £3,000 compensation each”, Galloway said.
“We’re talking about men who were castrated by the British colonial administration in Kenya. I’m talking about women who were multiply raped and sexually abused, for that kind of torture. £3,000 ain’t much,” he added.
Galloway also said that British Foreign Secretary William Hague did not accept the legal liability for British colonizers’ brutal crimes in Kenya.
At least 10,000 people died during the 1952-1960 Mau Mau uprising against British colonial rule, with some sources giving far higher estimates.
Moreover, Galloway highlighted that the British government still has “hundreds of thousands” of uncompensated victims of British imperial crimes around the world.
- Over 8,000 Mau Mau victims seek compensation from Britain (alethonews.wordpress.com)
- Britain pays £20m to Mau Mau victims (alethonews.wordpress.com)
Foreign Secretary William Hague stopped short of issuing an apology today to the elderly Kenyans tortured by British colonial forces during the Mau Mau uprising.
The Mau Mau movement emerged in central Kenya during the 1950s to get back seized land and push for an end to colonial rule. Supporters were detained in camps and thousands were tortured, maimed or executed.
Mr Hague told the House of Commons that the government had reached a full and final settlement with solicitors of 5,228 claimants totalling £19.9 million.
The government would also support the construction of a memorial in Kenya’s capital Nairobi to the victims of torture and ill-treatment during the colonial era.
But he said the British government continued to deny liability for what happened during the uprising.
Shadow foreign secretary Douglas Alexander said Labour supported the government.
However left Labour MP Jeremy Corbyn said it was strange of the government to offer compensation but to deny any formal responsibility.
“I’m a bit surprised,” he said, adding: “This is a very strange result, to offer compensation and a settlement for Leigh Day and at the same time deny liability,” he said.
Mr Corbyn pointed out that many MPs in the 1950s raised the issue in Parliament at the time, praising the Kenyans for their “tenacity” in seeking justice.
“When we deny rights and justice, when we deny democracy, when we practise concentration camps, it reduces our ability to criticise anybody else for that fundamental denial of human rights, and I think this is a lesson that needs to be learnt not just in Kenya but in other colonial wars as well where equal brutality was used by British forces,” he said.
Mr Hague said there was no inconsistency in recognising the suffering endured by many of the victims while continuing to deny liability.