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German president Frank-Walter Steinmeier with Tanzanian president Samia Suluhu Hassan in October 2023. Bernd von Jutrczenka/picture alliance via Getty Images
 

Political actors in Tanzania have in recent years demanded compensation from Germany for colonial atrocities committed in the early 20th century. In early 2017, the National Assembly of Tanzania stopped short of putting the label of genocide on the atrocities committed by German troops during the Maji-Maji uprising (1905–1907).

During a visit to Tanzania recently, the German president, Frank-Walter Steinmeier, asked for “forgiveness” and expressed “shame” for the colonial atrocities committed in what was then German East Africa. This was in reference to the killing of up to 300,000 people during the Maji-Maji uprising.

German involvement in Tanzania began in 1890 when Berlin decided to take over administration of east African territories which German traders and travellers had secured. To reduce the cost of administration, governance rested on a few German officers with unchecked power, along with African and Arab fighters (called Askari) to suppress resistance.

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Abuse of power was rampant in this system, which provoked rather than prevented resistance. By the end of the 19th century, German troops had brutally quashed an uprising of the Wahehe in southern Tanzania.

In 1905, the Maji-Maji uprising began as a rebellion against Arab traders and cotton plantation owners of the south-eastern coast. Usually the insurgents would first uproot the cotton plants, and then raid farmhouses or office buildings. But the raids transformed into a peasants’ revolt as the violence progressed into the interior.

The German response was brutal and catastrophic (page 265). A three-year-long mass starvation (page 274) devastated a large part of the southern territory. Entire areas were depopulated or ravaged by disease (page 274). In one location, 25% of the women became unable to fall pregnant. As many as 300,000 people were killed.

We are widely published scholars of transitional justice and international criminal justice. Our historical and legal analysis of the suppression of the Maji-Maji uprising shows that there were indeed widespread instances of war crimes committed in the conflicts between the German military and various anti-colonial groups. It also shows that German conduct in that conflict can be described as genocidal in terms of intent and impact.

There is a nuance to our finding. We could not find any genocidal directive from the imperial authorities in Berlin. But the evidence suggests that the atrocities committed against civilians were indeed intended to destroy an identifiable group in whole or in part. This is the core element of the current definition of genocide.

Finding that the violent quashing of the Maji-Maji uprising would be regarded as genocide in the legal sense doesn’t have any practical implications, such as a legal obligation to pay compensation. Today’s international law doesn’t apply to what happened then. The implications are instead political and moral: if Germany’s colonial actions were to be regarded as genocide, the German public might be open to Tanzanian compensation claims, as they were to Namibia’s.

Suppression as genocidal violence

Many of the atrocities committed during this conflict could be construed as war crimes committed by both sides. But our focus was the possibility of a genocide.

resolution adopted by the UN General Assembly in 1946 noted that, historically, many instances of such crimes of genocide have occurred when racial, religious, political and other groups have been destroyed, entirely or in part.

This resolution was precursor to the Genocide Convention of 1948. The convention defines the crime of genocide and serves as the basis for the prevention and punishment of genocide as a crime under international and domestic laws.

Under international law, the Genocide Convention and its progeny don’t apply to states or individuals retrospectively. These laws cannot be invoked as a basis for a legal claim against Germany for events that occurred in the early 20th century.

But characterising an atrocity as a genocide can serve as impetus for acknowledgement and some form of voluntary compensation.

The genocide question

We analysed first-hand archival records from Germany and Tanzania to examine whether German actions constitute genocide according to the Genocide Convention or the International Criminal Tribunals’ jurisprudence.

German documents and letters from the time rarely distinguished between ethnic groups and usually referred to “Negroes” (Neger) and “Blacks” (Schwarze) in a sweeping way. Racialisation didn’t indicate victimisation in itself, because some of these populations were regarded as friendly to the German colonial authorities.

One could conclude that the German authorities targeted their political (anti-colonial) opponents rather than a group that’s protected under the current definition of genocide. The protected groups are national, racial, ethnic or religious.

But a more expansive reading of genocide law leads to a different conclusion.

The first genocide conviction delivered by the International Criminal Tribunal for Rwanda was in the case of Akayesu. In this case the judges reasoned that the four protected groups should not be seen as inflexible categories. They stretched the limits to accommodate groups that have similar qualities to the groups explicitly protected.

Subsequent decisions by international criminal tribunals followed that reasoning. They took into account the way the perpetrator saw the group. A group protected by the Genocide Convention does not have to exist objectively. It is enough if it exists in the mind of the perpetrator and he wants to destroy it in whole or in part.

The “Blacks” the Germans had in mind when they wrote and spoke about their enemies did not exist as such a group. Instead they consisted of a plethora of ethnic groups, tribes and extended family clans. They had as much in common with each other as the Germans had with their colonising British neighbours in the Uganda protectorate.

But in the German officers’ minds these “Blacks” did exist as such a group. That is why they would have been protected if the Genocide Convention and the respective jurisprudence had been in force then.

This has relevance for the question of whether the German conduct during the Maji-Maji uprising was genocidal.

The lack of genocidal directives doesn’t imply a lack of genocidal intent. Circumstantial evidence suggests the German administration wanted to destroy not only hostile individual members of a racialised group, but the group in whole or in part.

The trial and appeals chambers of the International Tribunal for the former Yugoslavia accepted this kind of reasoning: the basis for establishing a perpetrator’s genocidal intent does not always have to be written evidence or witness testimony. Sometimes the perpetrator’s own behaviour allows such a conclusion.

In Srebrenica it was the policy to separate men from women and children and then to kill the men in mass executions. In a patriarchal society like the Bosnian Muslims’ the whole Muslim group would not survive without its men.

We apply a similar standard to the German conduct to eradicate the traditional leaders of the communities that took part in the Maji-Maji uprising. These communities would have perished without their leaders. In some cases, they did perish. And depriving these groups of their ability to make collective decisions and to “survive as groups” (rather than as individuals or nuclear families) was the explicit aim of the German commanders. Source: The Conversation

ODM party leader Raila Odinga.  [Edward Kiplimo, Standard]

Orange Democratic Movement (ODM) Party Leader Raila Odinga has urged the party's elected members to refrain from early campaigns, jeopardising service delivery to Kenyans.

Speaking at an ODM Parliamentary Group meeting in the outskirts of Nairobi on Friday, Odinga told the members not to cripple those elected by the early campaigns, calling out leaders who are campaigning for higher positions, just a year into office.

"Those elected as MCAs are now campaigning to become MPs…they have hardly served the people. We also have MPs who are campaigning to become governors, the same as Senators and Women Reps who are aiming for Governors. The time will come, just support those in power now before starting the campaigns,” said Odinga. 

The ODM Leader referenced the United States where he said campaigns start at least a year before the elections, unlike Kenya where people declare their candidature for higher seats just after elections. 

"This has created enmity among our members because everyone is in full campaign mode. And they are hiring our youths to run such campaigns. This should end," he said.

He at the same time remarked on a dossier released on Thursday, November 16, on what he termed as a controversial government-to-government oil deal, which he alleged is nothing but a sham aimed at driving up the cost of fuel while benefiting shadowy State officials.

"My dossier yesterday was directed at the Executive, not the leader of Majority Kimani Ichung’wah. All I am asking for is for the government to show the Memorandum of Understanding that they signed between Saudi Arabia and the United Arab Emirates.” 

"We are not asking for a signed document between the Energy CS and the Chief Executive Officer of ARAMCO. Let them show us tax returns from the shadowy companies handling the cargo. We also want to know why the Energy and Petroleum Regulatory Authority (EPRA) boss was involved in the negotiations yet he is the one fixing prices," he added.

Already, Energy CS Davis Chirchir has rubbished Odinga's remarks explaining that Oil Marketing Companies (OMCs) were over the last two years unable to access petroleum products over an alleged lack of USD liquidity and outstanding subsidies from the government. 

Chirchir added that the government, upon coming into power, put out a tender for government-owned international oil companies to bid for the supply of petroleum on 180-day deferred payment terms and a contract period of 270 days.

“Contrary to the assertion that the government selected/handpicked the Nominated Oil Marketing Companies (OMCs), the selection of the Nominated OMCs is the prerogative of the International Oil Companies (IOCs) in line with the Master Framework Agreement," the CS said in a press statement on Thursday evening. By Mate Tongola , The Standard

DAR ES SALAAM - In a significant move to bolster investments in key economic sectors, CRDB Bank and the African Export-Import Bank (Afreximbank) have entered into a strategic partnership. The collaboration was formalized with the signing of a $115 million facility agreement at the Intra-African Trade Fair (IATF) 2023 in Cairo, Egypt, today.

This new agreement earmarks $110 million for the parent company of CRDB Bank and an additional $5 million for its subsidiary in Burundi. The funds are intended to enhance investments across various sectors, including agriculture, oil and gas, and trade. This development represents a transition from mere transactional interactions to a strategic alliance that aims to promote shared growth and prosperity.

The deal comes on the heels of a productive period for CRDB Bank. Just last month, the bank secured a substantial $150 million facility agreement with Intesa Sanpaolo (OTC:ISNPY) and Investec Bank. Additionally, it successfully raised Sh171.82 billion from Green Bond sales, signaling strong market confidence in its operations and future prospects.

During discussions at the IATF 2023 Diaspora Day, Abdulmajid Nsekela, CEO of CRDB Bank Group, underscored Tanzania's welcoming environment for diaspora investments. He pointed out opportunities in the agriculture, infrastructure, health, and real estate sectors, specifically mentioning the Fumba Town project as an example.

Underlining this commitment to engaging with the diaspora, Nsekela highlighted policy amendments by the Tanzanian Central Bank that now allow diaspora members to open bank accounts and invest in their home country more easily. He also noted the establishment of the Diaspora Digital Hub (DDH), which is supported by CRDB Bank with an investment of Sh100 Million.

CRDB Bank has made concerted efforts to encourage diaspora investment through various services such as loans and advisory offerings. It has integrated its digital banking systems, including 'SimBanking,' 'Internet banking,' and TemboCard, with its Tanzanite Account to facilitate these investments. Moreover, the bank collaborates with leading remittance partners like Western Union (NYSE:WU), World Remit, Ria, and Upesi to streamline financial transactions for the diaspora community.

This series of strategic initiatives and partnerships underscores CRDB Bank's commitment to fostering investment within Tanzania and throughout Africa. With these developments, CRDB Bank is positioning itself as a key player in driving economic growth and facilitating cross-border trade on the continent.

This article was generated with the support of AI and reviewed by an editor. For more information see our T&C.

 
CRDB Bank and Afreximbank sign $115 million investment deal, Editor Pollock Monda, Investing.com

 

Local authorities in Eastern Equatoria State’s Kapoeta East County have confirmed that over 1,500 head of cattle were stolen in the New Site Airstrip area during a raid that left four local youths injured on Tuesday.

Abdalla Angelo Lokeno, the area commissioner, accused Turkana tribesmen from neighboring Kenya of carrying out the attack and said local youths were still pursuing the rustlers.

The New Site area in Kapoeta East is historical because the deceased SPLM/A leader Dr. John Garang spent most of his time there during the 21-year liberation struggle.

Commissioner Lokeno accused the Government of Kenya of using cattle raids as a cover to invade and grab South Sudanese land.

“The bad thing with Kenya is that they claim New Site, Nadapal, Nakodo, Mogila Mountain, and Ilemi Triangle which encompasses all these places. Every time we take our cattle for grazing, they attack us and this is something unacceptable. Recently, we sat with them and all agreed that our cattle can graze and drink water together but they (Kenyans) did not take this agreement seriously,” he explained. “They attacked our kraals on 14 November and took between 1,500 and 2,00O head of cattle. Our youth are still following them and have not returned. Some cattle are still being found in the bushes. This incident happened in New Site where our late leader Dr. John Garang used to live.”

The Eastern Equatoria State Information Minister Elia John Ahaji strongly condemned the cattle raid by the Turkana.

“Those are international cross-border raids carried by the Dodoth of Uganda and the Turkana of Kenya against the people of Eastern Equatoria. This has been happening occasionally among the bordering communities and the state government has no control,” he stated. “The Government of Eastern Equatoria condemns those attacks in the strongest terms possible. The state government is therefore calling upon the national government to intervene in recovering the raided cattle since this is a national threat by neighboring Kenya and Uganda and it affects the livelihoods of the peoples of the state.”

“We are also appealing to the neighboring communities living along the borders of Eastern Equatoria in South Sudan, Kenya, and Uganda to remain calm but be vigilant, embrace peaceful coexistence, and discourage such brutal practices,” Minister Ahaji added.

On 7 November, three kraals were raided in Lotuke Payam in Budi County and 700 head of cattle rustled by a combined posse of Turkana from Kenya and Dodoth from Uganda. - Radio Tamazuj

Azimio leader Raila Odinga and President William Ruto  PHOTO  VOA/PCS
 

Azimio Principal Raila Odinga claims that the government-to-government oil deal that President Wiliam Ruto signed with Saudi companies was corrupt.

In his dossier, the Azimio premier accused Ruto of disguising the deal as a government project to help Kenyan Companies, Gulf Energy, Galana Oil Kenya Ltd, and Oryx Energies Kenya Limited, evade taxes. 

''We now know that the characterisation of this deal as G-to-G was meant to shield the three Kenyan companies from paying 30 percent corporate tax,'" the former Prime Minister stated while addressing the media. 

According to Raila, the companies contracted in the oil deals bought the product and sold it at an inflated price.

''This shady business model is being deployed by all the companies retained in the Ruto deal. They buy at low prices, delay in discharging, then ask to be allowed to offload at higher prices, and the cost is passed to consumers,'' Raila alleged.

The Ministry of Energy and Petroleum was also alleged to have changed billing months to allow the oil companies to quote higher prices. 

Further, the importing companies delayed the delivery and offloading dates to maximize prices which he termed as inflated. Kenyans, in the end, bore the brunt of the deal as they purchased fuel at exorbitant prices. 

Raila also attributed the deal as the main cause of a diplomatic tiff and broken trade agreements with neighbouring landlocked countries such as Uganda. The neighbouring country, which depended on Kenya for fuel imports, recently enacted a law barring Kenyan companies from importing oil on its behalf. 

''It is shrouded in deep secrecy. To date, only two documents have been made public; that is the Master Framework Agreement with petroleum trading entities and the Open Tender System modified agreement with marketers," he further stated.

The formula used to nominate the three companies in the oil deal, according to Raila, was also questionable since it was shrouded in secrecy.  

''Nobody knows how Gulf Energy, Galana Oil Kenya Ltd, and Oryx Energies Kenya Limited got nominated to handle local logistics. But the hand-picked distributors are selling oil to us at almost twice the price from bulk suppliers,'' Raila further claimed, accusing Ruto of corruption. 

He thus demanded the government revert to an open tender system to give a fair chance to all suppliers and publish the details of the oil deal to prove innocence. 

Early this year, the Kenyan government entered into an import agreement with the governments of the United Arab Emirates and Saudi Arabia.

In the deal, state-owned Oil companies were nominated to import fuel in what Ruto said was to help the shilling stabilize by weighing more options. By Levi Onyinkwa, Kenyans.co.ke

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