A panel of environmental and human rights activists acted as judges in a People’s Health Tribunal organized by African communities impacted by the operations of extractive corporations Shell and Total Energy. Supported by organizations like Medact, We the People, the People’s Health Movement, #STOPEACOP, and others, they found the corporations guilty of harming the health of people across Africa. Nnimmo Bassey, Jacqueline Patterson, Kanahaus Manuel, and Dimah Mahmoud condemned Shell and Total’s activities, stating that they were “extremely harmful to the livelihoods, health, right to shelter, quality of life, right to live in dignity, quality of environment, right to live free of discrimination and oppression, right to clean water, and right to self-determination.”
This edition of the People’s Health Tribunal was built as activists witnessed extensive greenwashing by the oil and gas industry at COP 27 in Egypt last year. In response, they became even more determined to support the struggles of communities in Africa who are affected by the corporations who attempted to gaslight the public at COP 27.
However, governments in the Global North, where most extractive corporations have their headquarters, still choose to ignore the destruction caused by these industries. In 2022, Shell made a profit of $40 billion, while Total Energy ended the year with US$36 billion in profits. These profits came at the expense of the health and lives of people living in regions where these corporations operate.
Uprooting Set the Ground for Total’s LNG Operations in Mozambique
Decades of exploitation of African land have resulted in devastating consequences, including air pollution, water contamination, deforestation, violence, land grabbing, and forced migration. People in the Niger Delta and Mozambique experience these things daily. Omar Elmawi, who provided an overview of Total’s impact on Mozambique communities, emphasized that in the current situation, “everyone loses, except Total.” Elmawi said he believed that African countries must take control of their own resources and development to make sure that justice is restored.
In Mozambique, Total Energy’s plan to construct an onshore liquefied natural gas (LNG) facility led to the displacement of hundreds of families dependent on farming. Total’s plans also decimated traditional fishing activities, leaving people destitute. Instead of providing the uprooted communities with adequate living conditions and compensation, the company’s plan resulted in people being left without shelter, living in refugee camps, and exposed to violence.
At the same time, pointed out Elmawi, the company was not shying away from tax evasion, bleeding even more resources out of the country and leaving Mozambique without necessary means to build essential infrastructure.
Similar experiences were echoed by activists from Uganda and South Africa, who bore witness to the baleful behavior of Total Energy and Shell in the face of the communities which they so violently entered. The testimonies also highlighted the environmental impacts being shouldered by the same communities, as floods and storms regularly devastate local food production.
Shell Operations in the Niger Delta
Shell has been furiously extracting resources in the Niger Delta for over 60 years, attracting more companies to exploit the region due to its rich reserves. Videos from villages in the Niger Delta clearly show oil contamination of water sources, while Shell ignores the grievances raised by the communities. With Shell’s arrival, people’s health deteriorated, in addition to the environmental devastation caused by oil and gas extraction. People began suffering from previously uncommon diseases, including blindness, respiratory problems, and kidney disease, according to one of the testimony-givers.
However, the people of the Niger Delta aren’t asking for charity or pity; they are determined to fight for justice and see Shell restore the land it has devastated. In the light of that, Shell’s announcement of divesting from operations in the Niger Delta is seen as inadequate by community members. They view it as an attempt to evade responsibility for the damage caused over the years. After all, they pointed out, Shell would not be giving up on their business—they would be simply selling their assets to someone else.
The judges stressed the need to establish infrastructure for a reparative justice process to achieve true reparation for affected communities. They also called for Shell and Total Energy to halt all plans for expanding existing fossil fuel extraction sites, implement a permanent moratorium on exploring new sites, and cease supporting violence against communities through military, paramilitary groups, or private security forces.
In order to achieve that, it is necessary to constantly bear witness about the destruction caused by extractive corporations. By doing that, the people who spoke about their experiences during the People’s Health Tribunal showed extreme courage and deserved respect, said Nnimmo Bassey. “Staying alive and speaking out is the best we can do,” he said.
People’s Health Dispatch is a fortnightly bulletin published by thePeople’s Health Movement and Peoples Dispatch. For more articles and to subscribe to People’s Health Dispatch, clickhere.
Kenyan migrant workers gather on January 11 at their country’s consulate in Beirut to demand repatriation / credit: Middle East Eye / Matt Kynaston
KIENI, Kenya—After traversing rivers, hills, valleys, sharp bends, and swaths of uncultivated land in the drier parts of central Kenya, this reporter arrived in early November to hear Anne Nyambura’s story of abuse at the hands of a Saudi employer.
Nyambura is a 53-year-old mother of five. In 2018, she traveled to Riyadh, the capital of Saudi Arabia, with the promise of being able to send money back home with what she would earn as a domestic worker. But unable to withstand the working conditions, she breached the contract after a year.
“I was allowed to eat for only five minutes, given a lot of work and paid peanuts, contrary on what we had agreed on the contract,” the former domestic worker said. In Saudi Arabia, Nyambura expected to take home $800 per month. Instead, she received $170, or less than 25 percent of the agreed-upon amount. Meanwhile, the same role in Kenya would have earned her $150 each month. And, so, she returned to her homeland emaciated and poorer than before.
“It was a waste of time,” said Nyambura, who is among 100,000 Kenyans who have traveled to the Gulf countries to work, but whose dreams of earning to support their families have placed them in dangerous circumstances.
The International Domestic Workers Federation held a demonstration on June 6, 2014, in front of the United Nations regarding migrant workers’ rights in Qatar / credit: Fish / IDWF
‘Biting Poverty’ Feeds Kafala System
Now back in the Kieni constituency in Kenya’s Nyeri County, Nyambura told Toward Freedom she had nowhere to report the dispute with her Saudi employer because the decades-old Kafala system was at work.
Gulf Cooperation Council states, such as Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates, as well as the Arab states of Jordan and Lebanon have abided by the Kafala system to regulate the relationships of migrant workers with employers (“kafeels”), according to the International Labor Organization (ILO). It has been in place since the 1950s. That is when countries that had experienced a construction boom after discovering oil under their feet needed skilled laborers that they could not find among their lesser educated populations. However, migrant workers have for years aired complaints about the system. “Often the kafeel exerts further control over the migrant worker by confiscating their passport and travel documents, despite legislation in some destination countries that declares this practice illegal,” the ILO states in a policy brief.
Nyambura told Toward Freedom her employer did exactly that, plus took hold of her identification card and mobile phone, among other items.
“The issue of documents being confiscated by the employers is under Saudi Arabian law and we cannot be blamed for that,” said Mwalimu Mwaguzo, a chairperson of the Pwani Welfare Association (PWA), an alliance of 20 private recruitment agencies based in the coastal city of Mombasa. “The Kafala system that people are complaining about was introduced with the Saudi Arabian government to curb running away of domestic workers from their employer and we, as agents, have no authority to eliminate the system.”
But that is not all, according to Nyambura.
“The employer was everything and you, as a worker, have nowhere to take him in case of assault,” she told Toward Freedom, lamenting that sometimes she would get slaps and blows from the employer and that she was denied food for a couple of days.
“Biting poverty fueled by lack of opportunities is compelling many Kenyan women to travel to Saudi Arabia and other Gulf countries to search for greener pastures, but reaching there many regret,” she said in a low, angry tone. “Returning home becomes an added burden.”
Making matters worse, at least 89 Kenyans—most of whom were domestic workers—died in Saudi Arabia between 2020 and 2021, according to Kenyan Foreign Affairs Principal Secretary Macharia Kamau. Their bodies were returned to Kenya or buried as unknown persons in Gulf countries. Plus, organs had been removed from some of the bodies, Kamau reported.
Mwaguzo told Toward Freedom detainees in Saudi deportation centers are either on the run from their employer or are involved in prostitution.
Remittances Flow to Kenya
According to the ILO, the migration and employment system implemented by most countries in the Arab states region is based on a relatively liberal entry policy, restricted rights, and a limited duration of employment contracts and visas.
Kafeels are liable for the conduct and safety of the migrant they bring into the country, and they can exert control over a migrant’s movement and employment.
The ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR), which is responsible for evaluating the application of international labor standards, has noted “the kafala system may be conducive to the exaction of forced labor and has requested that the governments concerned protect migrant workers from abusive practices.”
Meanwhile, Amnesty International has said the situation in Qatar had worsened as it prepared to host the 2022 World Cup using migrant labor.
According to an article published by Global Policy Journal, the International Trade Union Confederation (ITUC) estimates more than 2.1 million workers in the Gulf from around the world are at risk of exploitation and work under inhumane conditions. In the past, some countries had halted deployment of domestic workers to Saudi Arabia. Such bans improved working conditions, increased salaries and lessened mistreatment.
If the governments of Kenya and other countries halted to deploy their workers in the Gulf, could things change?
Migration to the Gulf continues providing thousands of job opportunities and billions of dollars in remittances. Around $124 billion was remitted in 2017 from countries that adhere to Kafala. Statistics from Central Bank of Kenya (CBK) show remittances from Saudi Arabia have more than doubled in the last two years to Ksh 22.65 billion ($179 million). That amount was sent back home in the first eight months of this year, ranking the Gulf nation as the third-largest source of remittances for Kenya behind the United Kingdom and the United States. However, 2021 remittances marked the fastest growth, with a 144 percent climb since 2020.
Reports of Rape and Torture
As the country continues enjoying remittances from the Gulf, Haki Africa, a human-rights organization headquartered in Mombasa, estimates more than 200,000 Kenyans in Saudi Arabia are working in different companies and homes, and that most are working under inhumane conditions. The organization’s estimate is double that of the Kenyan’s government’s.
Haki Africa Executive Director Hussein Khalid said the Kenyan embassy in Saudi Arabia has been ignoring complaints, fueling the vice.
Khalid said most of the Kenyan women in Saudi Arabia have undergone sexual assault, physical abuse and mental torture. He said, this year alone, the organization has received 51 complaints from domestic workers in Saudi Arabia.
“We would like to urge the government of Kenya to speed up the rescue process for our women who are suffering in Gulf countries and return them home,” Khalid said. “It is the responsibility of any government to ensure that all of its citizens are safe regardless where they are.”
Joy Simiyu, a former domestic worker from Bungoma in rural western Kenya, said her Gulf-based agent declined to speak with her when she needed help. Simiyu’s employer in Saudi Arabia only allowed her to sleep four hours and eat one meal per day. Plus, the terms of the contract weren’t being abided. “[After] reaching Riyadh, I was forced to work for the relatives of the employer.”
She said one day her employer attempted to kill her, but she was able to run away and report the matter to the nearest police station. Then she was then taken to an accommodation center, a location the Saudi government runs to keep migrants before they are deported or while they are looking for work after fleeing another employer.
Now based in Nairobi, the 24-year-old revealed the accommodation center was insecure, as she learned potential employers who visited the site would sexually assault women using the promise of a job. Food, water and electricity were unavailable, too, she said.
“I would like to urge my fellow Kenyans not to go to Saudi Arabia to look for jobs, things are not good there, you better suffer in your country than in other people’s country,” she said with tears rolling down her face. “What is in Saudi Arabia is slavery and not job opportunities.”
Recruitment Agencies: ‘Mother of All Problems’
In July 2021, when appearing before the Labor and Social Welfare Committee, then-Labor Cabinet Secretary Simon Chelugui reported 1,908 distress calls from the Gulf between 2019 and 2021.
While in the Gulf, Nyambura observed governments taking action when workers from different countries contacted them about mistreatment.
“Kenyans in the Gulf are like orphans,” Nyambura said. “They have no one to protect them.
However, the Kenyan government lately appears to be taking action. A few weeks ago, Cabinet Secretary for Foreign and Diaspora Affairs Dr. Alfred Mutua traveled to Riyadh to discuss the domestic-worker issue with Saudi officials. Mutua said the two agreed Kenyan domestic-worker agencies could set up offices in Saudi Arabia to deal with issues concerning their clients. The two countries announced they are collaborating to “flush out” illegal agencies and those that break the law.
“We have to break the cartels and streamline the agencies, some of which are owned by prominent Kenyans,” Mutua told the media. He added his ministry will release a set of new instructions and procedures prospective migrant workers will be required to adhere to and meet before they can be cleared to travel to the Gulf states. The foreign ministry reported hundreds of Kenyans have been repatriated. Mutua and his Saudi counterpart agreed to the formation of a hotline (+96 6500755060) that Kenyan workers can call to report abuse.
Meanwhile, in February, the Qatari government shut down 12 recruitment agencies. The operation came a few days after Central Organization of Trade Union (COTU) Secretary General Francis Atwoli and Qatar Labor Minister Ali Marri held talks in Doha. It is part of a campaign Atwoli is involved in that also has been putting pressure on the governments of Kenya and Saudi Arabia.
Atwoli told Toward Freedom recruitment agencies must be prohibited, calling them the “mother of all problems” facing workers.
“The issue of negotiations on the terms and conditions of workers should be government to government, and not [on] the recruitment agencies,” he told Toward Freedom.
Meanwhile, recruitment agencies oppose the ban of agencies. For instance, Maimuna Hassan of Nairobi-based Asali Commercial Agencies said many people do not talk about the benefits of working through recruitment agencies. Haki Africa Rapid Response Officer Mathias Sipeta urged those aspiring to travel to the Gulf through recruitment agencies to verify them before signing agreements.
Nyambura said Atwoli has been trying to fight for workers’ rights in the Gulf, but that he gets sidetracked by Kenyan politics. She also said he lacks support from the government.
Like Simiyu, Nyambura has concluded it is better to work in Kenya. She pointed to the country’s coffee and tea farms as better options. But seeing for the first time in Kenyan history both a government official and a labor leader holding meetings with Gulf state officials has indicated to some, like Nyambura, that the situation may improve.
“Maybe under the new administration,” the former domestic worker said, “things will change.”
Shadrack Omuka is a freelance journalist based in Kenya. He writes about human rights, climate change, business and education, among other topics. His work has appeared in several publications around the world, such as Equal Times, Financial Mail, New Internationalist, Earth Island and The Continent, among others.
Women in Western Sahara, officially the Saharawi Arab Democratic Republic / credit: Saharauiak / Wikipedia
Editor’s Note: This article originally appeared in People’s Dispatch.
Dismissing a now-deleted tweet by Kenyan President William Ruto about rescinding recognition of the Sahrawi Arab Democratic Republic (SADR), the Kenyan foreign ministry clarified on September 16 that it would continue to maintain diplomatic relations with SADR and support its right to self-determination.
Also known as Western Sahara, SADR is a founding member of the African Union (AU) and the continent’s last colony, fighting a war for liberation from Morocco. The Moroccan occupation of most of SADR’s territory since 1975 has been receiving increasing Western support, despite a consensus in international law that Morocco has no legitimate territorial claims over SADR, whose right to self-determination is well-recognized.
But Kenya has emerged as an important ally, championing SADR’s cause over the last decade. Ruto’s decision to change this foreign policy, only a day after his swearing-in ceremony, which was also attended by SADR President Brahim Ghali, was reversed as a result of public backlash and dissonance within the foreign ministry, sources and reports indicate.
“Kenya’s position [on SADR] is fully aligned with… the AU Charter which calls for the unquestionable and inalienable right of a people to self-determination,” read the foreign ministry communique dated September 16, addressing all of Kenya’s missions and directorates.
This communique, which was made public on Monday, September 19, reiterated, “UN Security Council Resolution 690 (1991)… calls for the self-determination of Western Sahara through a free and fair referendum administered by the UN and the AU. Kenya supports implementation of this UN security Council Resolution to the letter.”
Implicitly criticizing the new president’s hasty announcement, the communique signed by principal secretary Ambassador Macharia Kamau added, “It should be equally noted that Kenya does not conduct its foreign policy on Twitter or any other social media platforms, rather through official government documents and frameworks.”
Following a meeting with Moroccan Foreign Minister Nasser Bourita, Ruto had tweeted on September 14, “At State House in Nairobi, received a congratulatory message from His Majesty King Mohammed VI. Kenya rescinds its recognition of the SADR and initiates steps to wind down the entity’s presence in the country.”
While the tweet was soon deleted, Morocco’s foreign ministry released an official statement on its website the same day, announcing: “Following the message of His Majesty King Mohammed VI to the new President of the Republic of Kenya, Mr. William Ruto, the Republic of Kenya has decided to withdraw the recognition of the so-called ‘SADR’ and to initiate the steps to close its representation in Nairobi.”
The statement further claimed that Morocco and Kenya had signed a joint statement agreeing that “in deference to the principle of territorial integrity and non-interference, the Republic of Kenya [had extended] total support to the serious and credible autonomy plan proposed by the Kingdom of Morocco” as the only possible solution to the Sahara issue.
The Kenyan foreign ministry’s communique two days later in effect clarified that the tweet by the president had been arbitrary and had no bearing on the country’s foreign policy. This was a setback to Morocco, which had declared a diplomatic victory over SADR prematurely, before any official announcement by the Kenyan government.
Asked to explain the sudden change in stance and dissonance within the government, Kenya’s Deputy President Rigathi Gachagua told KTN News on Monday, “This was an administration in transition—[having been] only one day in office… We had many visitors, there [were] so many delegations, and communications had to be made.” He said this without specifying which countries’ delegations or visitors had sought for such a communication to be made.
Gachagua stressed that the most important thing was that “a clarification had been made,” and that the country’s position was “that of the United Nations and that of the African Union.”
United States and Israel Allegedly Lobbying Kenya
Even before the election was held in August this year, the United States and the United Kingdom, which were allegedly supporting Ruto’s candidacy, had sought from him a reversal of Kenya’s policy on SADR during his foreign trips, alleged Booker Ngesa Omole, National Vice Chairperson of the Communist Party of Kenya (CPK).
The UN, the AU, the Court of Justice of the European Union and the International Court of Justice all maintain that Morocco has no legitimate territorial claims over SADR. Nevertheless, in late 2020, then-U.S. President Donald Trump had announced his decision to open a consulate in occupied Western Sahara, in effect recognizing it as Moroccan sovereign territory.
After Ruto was declared the president-elect, a presidential delegation from the United States earlier this month and the subsequent Israeli delegation led by its minister of intelligence, had both allegedly brought up Kenya’s policy vis-à-vis SADR in the meetings with Ruto, Omole claimed.
Morocco, which is the second largest exporter of fertilizer in the world, had in the meantime seen a further opening in Ruto’s election promise of providing cheap fertilizers, he explained. With an apparent assurance from Morocco about “providing fertilizers at subsidized prices, Ruto went on national television to announce that he will provide subsidies to all farmers on fertilizers within two weeks time. A day later, he announced he was rescinding SADR’s recognition,” Omole said.
The bulk of the phosphate used in Moroccan fertilizers is extracted from the occupied Western Sahara. “The Moroccan regime uses the resources stolen from Western Sahara to bribe foreign officials to obtain recognition for its illegal occupation of our homeland,” Kamal Fadel, SADR’s Representative to Australia and the Pacific, told Peoples Dispatch.
“Those who receive the stolen goods from Western Sahara are complicit in the war crime of pillage and their involvement is a tacit support to an illegal occupation—one with continuing notorious human rights abuses occurring during a time of armed conflict,” he added.
Pointing out that within an hour of Ruto’s announcement, “Kenyans had jumped on his tweet, attacking him for surrendering sovereign foreign policy to Moroccan bribes,” Omole explained that there is a strong sentiment against what is perceived as a return to old foreign policy.
‘Kenyan Population Supports the Sahrawi People’
“Except for the last 10 years, Kenya has not had a progressive foreign policy. It was always a wait-and-see opportunistic policy, aligning with whichever position brings in most alms from foreign countries. So our relations with Western Sahara had always been strained,” Omole told Peoples Dispatch.
In 2006, Kenyan President Mwai Kibaki had placed diplomatic relations with SADR on “a temporary freeze” only months after first receiving diplomatic credentials from its ambassador. “But the Kenyan masses are always ahead of their governments. There was an uproar here, led by the Kenya Western Sahara Friendship Society (KWSFS),” said Omole, who has been a member of the KWSFS for 20 years.
“This organization has been fostering people-to-people friendship between the two countries. A few times, we have also hosted families from the refugee camps [of the displaced Sahrawis in Algeria]. Kenyan people lobbied the government to condemn Morocco’s occupation,” he explained. Under popular pressure, “Kibaki had to initiate the process to re-establish diplomatic relations with SADR.”
While this was unfolding, Uhuru Kenyatta and William Ruto, who at the time were contesting the 2013 election together as presidential and vice-presidential candidates, were put on trial by the International Criminal Court (ICC). They were tried for charges of crimes against humanity for political violence in the aftermath of the 2007 presidential election. The charges were subsequently dropped.
However, Kenyatta did not take the alleged U.S. and U.K. support for this trial well, Omole claimed. “After he won the election, he went about changing Kenya’s foreign policy against the interests of the West. He pursued alternative trade relations with the East, instead of continuing to rely on the West. He refused to follow Israel’s line and supported Palestine. He opened the SADR’s embassy in Nairobi, and, for the first time, Kenya appointed an ambassador to SADR. For the first time, a Kenyan ambassador presented his credentials to the president of the SADR.”
In the regional and international forums of the AU and the UN, Kenya actively supported the cause of the SADR. “The progressive foreign policy has continued since,” and during this period Kenyan people’s relations and solidarity with the Sahrawi people has deepened, Omole said.
There is a high degree of “awareness among the Kenyan people about the Sahrawi people’s struggle for liberation. It seems our new president was out of touch with the reality that the Kenyan population supports the Sahrawi people, regardless of the divisions that will be sown by governments,” he observed.
