The Hypocrisy of Dealing With a Criminal President

Will the election of Uhuru Kenyatta as president of Kenya define President Barack Obama in Africa or will President Barack Obama use the election of President Kenyatta to define his human rights policy in Africa?

Will the U.S. do what it did with Omar al-Bashir of the Sudan to Kenyatta?
Will the U.S. do what it did with Omar al-Bashir of the Sudan to Kenyatta?

By Al Mariam,

Following the presidential election in late December 2007 and the Kenya Electoral Commission’s hurried declaration of incumbent President Mwai Kibaki as the winner, supporters of opposition presidential candidate Raila Odinga in the Orange Democratic Movement alleged widespread electoral fraud and irregularities.

For nearly two months following that election, ethnic violence and strife in Kenya raged resulting in more than 1200 deaths, 3,500 injuries, and the displacement of over 350,000 persons and destruction of over 100,000 properties. 

The U.S. was among the first nations to recognize the validity of Kenya’s 2007 presidential election.  At the time, U.S. State Department Spokesman Robert McInturff announced,

“The United States  congratulates the winners and is calling for calm, and for Kenyans to abide by the results declared by the election commissionWe support the commission’s decision.”

But U.S. validation of that election was completely unwarranted since there was substantial credible evidence of rampant electoral fraud and vote rigging in favor of Kibaki and considerable doubt about the neutrality and integrity of the Kenya Electoral Commission.

In March 2011, Uhuru Kenyatta was indicted by the International Criminal Court (ICC) on various counts of crimes against humanity arising from the post-election violence.


Over the past two years, the U.S. has made significant investments to promote free and fair elections in Kenya and prevent a repetition of the 2007 violence.  According to the U.S. State Department, “since 2010, the U.S. Government has contributed more than $35 million to support electoral reform, civic education, and elections preparation in Kenya. In addition, since 2008, we have provided more than $90 million to support constitutional reform, conflict mitigation, civil society strengthening, and youth leadership and empowerment, all of which contribute significantly to the goal of free, fair, and peaceful elections in Kenya.”

The March 2013 presidential election in which Kenyatta won by a razor thin margin of 50.7 percent is not entirely free of controversy. Raila Odinga, who received about 43 percent of the votes, has rejected the outcome of the election and filed action in court alleging collusion between the Kenyatta and the electoral commission, not unlike what happened in 2007. This time around, U.S. Secretary of State John Kerry offered only half-hearted congratulations and assurances to the people of Kenya and applauded the fortitude of those who counted the ballots. But his congratulatory statement belied an apparent disappointment as manifested in his omission of the names of the election victors.

“On behalf of the United States of America, I want to congratulate the people of Kenya for voting peacefully on March 4 and all those elected to office… I am inspired by the overwhelming desire of Kenyans to peacefully make their voices heard… We … will continue to be a strong friend and ally of the Kenyan people.”

Prior to the election, it seemed President Obama and his top African policy man Assistant Secretary of State for African Affairs Johnnie Carson were playing a bit of the old “good cop, bad cop” routine. President Obama in a special video message to the people of Kenya said that though he is proud of his Kenyan heritage “the choice of who will lead Kenya is up to the Kenyan people. The United States does not endorse any candidate for office…

He assured Kenyans that they “will continue to have a strong friend and partner in the United States of America.” But Johnnie Carson who was also a former U.S. ambassador to Kenya, was more blunt in hinting to Kenyans that their “choices have consequences”. Carson hectored Kenyans that they “should be thoughtful about those they choose to be leaders, the impact their choices would have on their country, region or global community.” Does that mean electing ICC suspects in crimes against humanity could bring about crippling sanctions?

Now that Kenyatta is elected, will the U.S. do what it did with Omar al-Bashir of the Sudan, another suspect indicted by the ICC? Or will Kenyatta and his government receive special dispensation from sanctions and other penalties?

Carson argued that Kenya and the Sudan are two different situations. “I don’t want to make a comparison with Sudan in its totality because Sudan is a special case in many ways.” What makes Bashir and Sudan different, according to Carson, is the fact that Sudan is on the list of countries that support terrorism and Bashir and his co-defendants are under indictment for the genocide in Darfur. Since “none of that applies to Kenya,” according to Carson, it appears the U.S. will follow a different policy.

U.S. Secretary of State Kerry seemed to provide a more direct response in his “congratulatory” statement in explaining why Kenya will get special treatment.  “Kenya has been one of America’s strongest and most enduring partners in Africa… and [the U.S] will continue to be a strong friend and ally of the Kenyan people.” That is diplomatese for “we will continue with business as usual in Kenya” come hell or high water at the ICC.

Carson’s predecessor, Jendayi Frazer, cut to the chase:

“Kenyatta knows that he needs the United States, and the United States knows it needs Kenya… And so I suspect that while it might be awkward, there won’t be a significant change in our policy stances toward Kenya or theirs toward us.”

It seems the U.S. has a double standard of human rights policy in Africa. One for those the U.S. does not like such as Bashir and Robert Mugabe of Zimbabwe, and another for those it likes like the late Meles Zenawi, Paul Kagame, Yuweri Museveni and now Uhuru Kenyatta.

Following Bashir’s ICC indictment in 2009,  Ambassador Susan E. Rice, U.S. Permanent Representative to the United Nations, demanded his arrest and prosecution:  “The people of Sudan have suffered too much for too long, and an end to their anguish will not come easily. Those who committed atrocities in Sudan, including genocide, should be brought to justice.

Just before her resignation last month, U.S. Secretary of State Hilary Clinton urged: “Governments and individuals who either conduct or condone atrocities of any kind, as we have seen year after year in Sudan, have to be held accountable.” The U.S. has frozen the assets of individuals and businesses allegedly controlled by Mugabe’s henchmen because the “Mugabe regime rules through politically motivated violence and intimidation and has triggered the collapse of the rule of law in Zimbabwe.”

Legend has it that President Franklin D. Roosevelt once said of Nicaraguan dictator Anastasio Somoza that “Somoza may be a son of a bitch, but he’s our son of a bitch.”  Despite lofty rhetoric in support of the advancement of democracy and protection of human rights in Africa, the United States continues to subsidize and coddle African dictatorships that are as bad as or even worse than Mugabe’s. The U.S. currently provides substantial economic aid, loans, technical and security assistance to the repressive regimes in Ethiopia, Congo (DRC), Uganda, Rwanda and others. None of these countries hold free elections, allow the operation of an independent press or free expression or abide by the rule of law. All of them are corrupt to the core, keep thousands of political prisoners, use torture and ruthlessly persecute their opposition.

No case of double standard in U.S. human rights policy in Africa is more instructive than Equatorial Guinea where Teodoro Obiang Nguema Mbasogo has been in power since 1979. Teodoro Obiang is said to make  Robert Mugabe “seem stable and benign”. The U.S. maintains excellent relations with Teodoro Obiang because of vast oil reserves in Equatorial Guinea. But all of the oil revenues are looted by Obiang and his cronies. In 2011, the U.S. brought legal action in federal court  against Teodoro Obiang’s son Teodoro Nguema Obiang Mangue to seize corruptly obtained assets including a $40 million estate in Malibu, California  overlooking the Pacific Ocean, a luxury plane and super-sports cars worth millions of dollars. In describing the seizure action, U.S.

Assistant Attorney General  Lanny A. Breuer crowed, “We are sending the message loud and clear: the United States will not be a hiding place for the ill-gotten riches of the world’s corrupt leaders.” (Ironically, U.S. law requires the U.S. to return any assets or proceeds from an asset forfeiture court action to the government from which  it was stolen.  In other words, the assets or proceeds from the forfeiture action against  son Teodoro Nguema Obiang will eventually be returned to father Teodoro Obiang Nguema!!!)

But the U.S. has not touched any of the other African Ali Babas and their forty dozen thieving cronies who have stolen billions and stashed their cash in U.S. and other banks. For instance, Global Financial Integrity reported in 2011 reported that “Ethiopia, which has a per-capita GDP of just US$365, lost US$11.7 billion to illicit financial outflows between 2000 and 2009. In 2009, illicit money leaving the economy totaled US$3.26 billion, which is double the amount in each of the two previous years…

Is there really any one wonder who in Ethiopia has the ability to amass such wealth or “illicitly” ship it out of the country and where much of that cash is stashed? Suffice it to say that the dictators in Ethiopia, Rwanda, Uganda… may be kleptocrats, criminals against humanity, genociders, election thieves, torturers, abusers of power… , but they are OUR kleptocrats, criminals against humanity…”