Amnesty must not be a reactionary move

This week I accompanied fellow board members and management of Muhuri to the National Counter Terrorism Centre (NCTC) to answer accusations that the human rights organisation was supporting the activities of Al-Shabaab.

Muhuri and Haki Africa were among 85 listed entities whose bank accounts were frozen two weeks ago by IG Boinnet in a Gazette notice. As accused terrorist funders and sympathisers, our reputations and personal security were already threatened, so we had little choice but to attend.

We expected a “grilling” and to be furnished with substantive allegations and evidence linking Muhuri to the Al-Shabaab murderers. However, nothing of the sort emerged.

Instead, we faced bored NSIS officials who did not want to be identified nor unduly bothered and whose task was merely to give out a 14-page document to be filled, returned and “you will be hearing from us in two weeks”.

The whole exercise may have been sloppy, unprofessional and lacking any shape or direction, but Boinnet and his NCTC team had already condemned the two organisations by freezing their accounts and now in utter contempt of the rule of law the burden of proof fell on the organisations to prove their innocence.

In response, two UN Human Rights Rapporteurs said in Geneva on Thursday: “The suffering of victims should not be misused as a pretext to deny the human rights of those suspected of terrorism, to justify emergency measures including excessive Executive powers, repression of legitimate opposition or for other restrictive purposes”.

KNEE-JERK REACTION

Had the two organisations been comprehensively interrogated, one could have at least been reassured that the people at the NCTC are going about their jobs in a professional manner and have the capacity to come to grips with Al-Shabaab’s networks. That is now in doubt.

The Boinnet list seemed like another knee-jerk reaction along the lines of Executive orders on police recruits, the deportation of Somali refugees and now the construction of the border wall.

Walls may give you the comforting feeling that you are safe but if you build a five-metre wall, we just buy a six-metre ladder. A more consistent and sustainable approach is required in counterterrorism.

The amnesty offer from CS Nkaissery has potential but it could be another unmitigated disaster. There are hundreds of Kenyan youth trained in Somalia who have no intention of committing acts of terror.

But can they trust the local administration or the NCTC or will they end up in an open grave in Tsavo? For the project to work, more time and planning is needed.

A minimum of three months is needed to build trust and identify credible mediators between the youth and the government. A planned rehabilitation, reintegration or relocation programme needs to be put in place too, and NYS may have that potential.

Put another way, there are no easy solutions and Mr Nkaissery needs to realise that Muhuri, Haki Africa and others are critical partners, not obstacles, if the amnesty exercise is to succeed.

gdolan54@GabrielDolan1