We cannot separate politics and justice from reconciliation

Kenya’s 2017 elections, which officially ended with President Kenyatta’s re-inauguration on Tuesday, exposed and deepened partisan and ethnic divisions.

This is reflected, for example, in Nasa’s non-recognition of the ‘fresh election’ of October 26, and the announcement that its candidate, Mr Raila Odinga, will be sworn in as president by the people’s assembly on December 12. 

In this context, experiences and scenes of police brutality, which led to the loss of lives and possible futures, only further undermine an already fragile situation.

As I wrote following GSU beatings of anti-IEBC protestors in early 2016, many people “are out on the streets because they feel frustrated and angry and powerless to effect change through more peaceful means. Beatings will not address such grievances. Instead, it is likely to make people angrier”.

The same is true today. The situation was further exacerbated by the fact that, when protests or rallies have been held, some security officers have moved through local estates and informal settlements, which are regarded as pro-opposition areas, beaten local residents and shot others.

PEOPLE KILLED

According to the Kenya National Commission on Human Rights (KNCHR), at least 76 people have been killed by security officers since August 8.

However, given the challenges in verifying such deaths, and the possibility that some have gone unreported, the number is likely to be higher.

In this context, it is understandable that many are tired of politics and that some have called for a focus on other collective goods.

In this vein, President Yoweri Museveni at President Kenyatta’s re-inauguration urged Kenyans to “remember four things: Peace, prosperity, development and politics. Do not think of politics alone and forget about the other three things”.

In practice, it is impossible to divorce politics from these other ends. This is because politics is ultimately about who gets what, when, how and why, which means that politics is present in every social situation — from a marriage, family, school or business to county governments, the National Assembly and Office of the President.

PEACE

It therefore makes no sense to talk of collective goods, such as development or peace, as something outside of politics. 

In short, development (however it is understood) always has distributive implications, while, in the absence of justice, one can only ever enjoy a fragile or negative peace.

If we understand politics in this way, then how can national politics become less divisive and more constructive? For some, the answer lies in the need for reconciliation.

However, this begs the question: What do we mean by reconciliation, and how is it best achieved?

In the academic literature, reconciliation is usually understood as the building or rebuilding of good relations.

For many, this involves trust that others will treat one in an acceptable way, with good relations marked by a degree of friendship.

However, politics is a realm in which good things clearly come into conflict, and where it is naïve to assume, in the context of power inequalities and vested interests, that others will necessarily act like friends.

FAIRNESS

Instead, I view good political relations, and thus reconciliation, as a situation of nonviolent coexistence in which people can trust that their views and interests will be considered, and that they will retain an ability to speak and be heard. This requires a sense of fairness in how debate is conducted and decisions are reached, and a belief that, a loss in one realm will not equate to being excluded and marginalised from decision-making over time.

Reconciliation is thus an ideal state that takes time to approach, and one that is rendered more difficult when key actors disagree about what constitutes a just outcome.

However, any resolution requires discussion, and some agreement on the basic rules.

CONSTITUTION

In this, Kenya’s Constitution provides a useful guide. It can also help in another area, namely, an assurance that people’s basic rights will be respected.

To this end, and if the government is really committed to meaningful reconciliation, it is imperative that police brutality is checked and that some officers are held to account to show that all lives matter, and will be respected, whatever the outcome of ongoing discussions about who gets what, how and why.

Gabrielle Lynch is Professor of Comparative Politics at the University of Warwick, UK ([email protected]; @GabrielleLynch6)