DOCSLIB.ORG

Nasialiopanyi1976.Pdf

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Nasialiopanyi1976.Pdf CALIFORNIA STATE UNIVERSITY, NORTHRIDGE ADMINISTRATIVE IMPLICATIONS OF TRIBALISM IN KENYA A thesis submitted in partial satisfaction of the requirements for the degree of Master of Arts in Special Major by Opanyi Kivai Nasiali July 21, 1975 I I I I I I l .J The thesis of Opanyi Kivai Nasiali is approved: California State University, Northridge November, 1975 I __j To the Youth of Africa for lvhom the future is CCitling. 1 I. I I I I i iii TABLE OF CONTENTS ;pag__e No. DEDICATION. iii ABSTRACT .. vii CHAPTER I. 1 INTRODUCTION .1 CHAPTER II. 19 TRIBALISM ARISES FROM OTHER FACTORS. 19 CHAPTER III ..... .......50 DECISION-:HAK IN G DILEMHA. 50 CHAPTER IV. 57 !t REMEDIES. .57 CHAPTER V. .72 ! CONCLUSION. .72 APPENDIX I. 80 APPENDIX IIA. 81 APPENDIX IIB. 83 APPENDIX III. 84 SELECTED BIBLIOGRAPHY. .• . 85 Books. .............. 85 Articles and Periodicals ......... 91 Dissertations. 96 Miscellaneous. 96 iv LIST OF TABLES TABLE I Kenya's P.opula tion Breakdmvn. 19 TABLE 2 ; Tribrtlism in Nairobi. 20-21 TABLE 3a: Occupants by Tribal Origin of the .... 22-23 Kenya Cabinet Posts in 1967-1968 TABLE 3b: Occupants by Tribal Origin of. .24-25 Kenya Cabinet Posts in October, 1974 TABLE 4: Kenya Elite by Tribal Group. 28 TABLE 5 ; Profession and Tribe in Kenya. 30 TABLE 6: Responses to the Question: ..... .34 "In the past, have these smaller tribes been neglected in any ways? TABLE 7: African Education in Kenya, 1946 ...... 36 TABLE 8: Enrollment in African Schools, 1958 .. 36 TABLE 9: Educational Enrollment in Kenya, 1965. 37 TABLE 10: Breakdown of African Educational. .39 Achievement ·.. LIST OF MAPS Map 1: Luyia Sub-Tribes. 9 Map 2: Secondary Schools, 1964. 42 Map 3: African Primary Education. 43 Map 4: African Adult Literacy. .44 Map 5: African Post-Secondary Ed.. .45 Map 6: Education Quality. 46 ~ I vi ABSTRACT ADMINISTRATIVE IMPLICATIONS OF TRIBALISM IN KENYA by Opanyi Kivai Nasiali Master of Arts in Special Major July 21, 1975 I Tribalism is a phenomenon which causes not only I friction between the various tribal groups in Kenya, but lwhich also causes problems in the Nation's administration. ! Being embedded in the African social tradition, tribalism I I is aggravated by three factors: (i) the use of a ~oreign J administrative system, (ii) the co-existence of numerous I tribal groups that were aggregated into one nation during I~olonization, and. (iii) the dominance by one tribal group -~ I the Kikuyu - in the new system. I Administratively, frustration comes from having to i distribute limited national resources to tribal groups Ii un d er con d.ltlons · o f liD· b a 1 ances. ln· opportunlty· to partlcl-· · 1 !pate equitably in the new system. Because of these ! imbalances in tribal opportunity, the Kikuyu (and to some I i 'extent the other major tribes such as Luo, Luyia and Kamba)l :have excelled tremendously and dominate the others. This ~ i l ___ -- .. .. .... ······ ..... .J vii !condition and fear of domination prompts the less advan- 1 1 taged tribes to make accusations of tribalism. But I I 'tribalism is not just a condition of tribal opportunity ;i ·.imbalances, it is also a practice of favouritism between l ' 'and among members of the same tribe over others. This is lwhy tribalism is a problem which has to be dealt with in I 1 order to have both a tranquil nation and an efficiently !smooth running administration. I Administrative implications of trjbalism are numerous and far reaching. They require more study and 1 !collection of empirical data than works referred to in this~ I 1 thesis have delt with. Even with limited data, discussion I 1 ihere takes into consideration factors which contribute to !the problem of tribalism: tribal opportunity imbalances in I !civil service, education, and loans allocation, and the ! decision-making dilemma arising from these imbalances. [Remedy for the problem requires short-term actions such as ~compromising between merit and need, and long-term actions ! such as amendment of the constitution to provide for more !participation in power and resource distribution, as well I las change of attitudes between the various tribes so that I· socla· 1 b arrlers· are remove d to. a 11 ow f or more contacts b y ! i such means as intertribal marriages. Kenya has so far managed to maintain a mutual bond I between the various tribal groups. ~.n1ile this is a healthy: sign, the real and potential friction that may arise from viii [tribalism cannot be underestimated. That is why it is l I 'necessary to do something about tribalism for the good of I I ·the country, and all of Africa as \vell. ix CHAPTER I INTRODUCTION The Third World countries face problems which are i 1 basically economic, but which are also problems related to I :the administration of limited resources. In a modern world I l,v-hich is plagued by wide gaps between the haves and have- lnots, the latter problems are particularly acute. In I 'addition to these common problems among the Third World /countries, the African nations face a further problem I !resulting from the presence of different tribal groups in leach nation. This aspect that is unique to African nations i 'is the essence of discussion in this paper. i I The African people belong to various tribal groups ! ;which are distinct entities with definite cultural and it~aditional development in their individual setting. ! I . !During colonization by European nations, the African 1continent was subdivided into nations whose boundaries did ' 1.not coincide with original tri?al boundaries. The result was creation of the present "artificial" national states, I vJhich - in most cases - comprise various tribal groups that 1 previously had nothing in common. After a long period of I ,colonial domination, most of these artificial nations are :now under African administration. ... _____ j 1 2 I' J The form of this administration is, in essence, a I :transplant of Western bureaucratic systems brought in by the colonizing po-v1ers. While this system can be a signif- 1icant factor in some of Africa's problems, the focus of this paper is on the role of tribal groupings in the sys- I tern. Utilization of this imported administrative system i coupled with old tribal social structures, will be examine~ I 1 I 1 as a common phenomenon in Sub-Sahara Africa. Although thei !paper examines sub-Sahara nations in general, focus is on I I Kenya. \vhy Focus on Kenya? Any African nation in this study can be used as the! ! prototype for discussion of the problem. However, focus on: 1Kenya is mainly due to speculation, at the time of indepen-1 I dence, which suggested that the nation \vould disintegrate 1 I following a struggle for power by various tribal groups. :~ontrary to this view, it should be noted that, perhaps, II :Kenya is the only African nation today that apparently :demonstrates a mutual bond. between the various tribes. I This mutual bond between the tribes can be witnessed in the! !ten years during which Kenya has had a stable government I I I l free of tribal uprising such as that experienced by other l , African nations (for example, Nigeria) . 1 In spite of the stability in Kenya, there is the ;constant threat both in actual and potential terms of what i is now knmvn as "tribalism" the subject of this '· 3 ~--·- l discussion. Kenya, therefore, lends itself to the study of tribalism. The Problem: ---·-·-··---·----~- The task here is to identify real or potential friction among the various tribes in Kenya, and the role of the bureaucratic government in resolving this friction. I Another aspect of the discussion is to examine the !operation of the modern Kenya African governmental and i !bureaucratic systems which are engaged infue development I 1 and distribution of the ·nation's resources under conditions! I of dominance by one tribe - the Kikuyu, and the foreign- ! i :ness of the governmental system ~o the African tribal I masses in the "artificial" nation. Roots of the Problem: Friction among the tribal groups may arise from various causes: i l 1. Because of lack of interest groups in the 1 political system at the moment, demands on the government I and distribution of resources may be done through the tribal groups. However, as James C. Scott points out, '\..;;hen demands are made on behalf of a wider grouping they are likely to refer to ethnic, linguistic, or regional 2 blocs, and can seldom be given legislative form." This situation may present problems if some groups are ignored, - .. ". ,. '··.. -.--.,~-~~ ...,..,. ·- i --- 4 r . 1 or if some groups think they are ignored. 1 I I 2. Because the governmental system is unfamiliar I ·to many Africans, most of them do not know what is ex- l I :pexted of themselves and others in terms of exerting ;' . demands and expecting rewards. During this transitional .period, most Africans will be caught between traditional I I tribal ways and the ways of the new bureaucratic system. 3 i ; Since the traditional ways will most readily be applied, I l 1 ethnic discrimination can occur. It is not surprising, I :then, that competition for jobs would be seen in ethnic or i tribal terms, with the resulting tensions merely increas­ : ing the tendency to categorize individuals primarily in I 1 ethnic terms. In this process, tribal tensions may be I I 1 created where they may not have existed previously. 3. Related to (2) above, is the point that fear of dominance by one or the other tribe may also create friction among the various tribal factions.
Load more

Recommended publications
  • Fishers and Fish Traders of Lake Victoria: Colonial
    FISHERS AND FISH TRADERS OF LAKE VICTORIA: COLONIAL POLICY AND THE DEVELOPMENT OF FISH PRODUCTION IN KENYA, 1880-1978. by PAUL ABIERO OPONDO Student No. 34872086 submitted in accordance with the requirement for the degree of DOCTOR OF LITERATURE AND PHILOSOPHY in the subject HISTORY at the UNIVERSITY OF SOUTH AFRICA PROMOTER: DR. MUCHAPARARA MUSEMWA, University of the Witwatersrand CO-PROMOTER: PROF. LANCE SITTERT, University of Cape Town 10 February 2011 DECLARATION I declare that ‘Fishers and Fish Traders of Lake Victoria: Colonial Policy and the Development of Fish Production in Kenya, 1895-1978 ’ is my original unaided work and that all the sources that I have used or quoted have been indicated and acknowledged by means of complete references. I further declare that the thesis has never been submitted before for examination for any degree in any other university. Paul Abiero Opondo __________________ _ . 2 DEDICATION This work is dedicated to several fishers and fish traders who continue to wallow in poverty and hopelessness despite their daily fishing voyages, whose sweat and profits end up in the pockets of big fish dealers and agents from Nairobi. It is equally dedicated to my late father, Michael, and mother, Consolata, who guided me with their wisdom early enough. In addition I dedicate it to my loving wife, Millicent who withstood the loneliness caused by my occasional absence from home, and to our children, Nancy, Michael, Bivinz and Barrack for whom all this is done. 3 ABSTRACT The developemnt of fisheries in Lake Victoria is faced with a myriad challenges including overfishing, environmental destruction, disappearance of certain indigenous species and pollution.
    [Show full text]
  • The Luo People in South Sudan
    The Luo People in South Sudan The Luo People in South Sudan: Ethnological Heredities of East Africa By Kon K. Madut The Luo People in South Sudan: Ethnological Heredities of East Africa By Kon K. Madut This book first published 2020 Cambridge Scholars Publishing Lady Stephenson Library, Newcastle upon Tyne, NE6 2PA, UK British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Copyright © 2020 by Kon K. Madut All rights for this book reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. ISBN (10): 1-5275-5743-X ISBN (13): 978-1-5275-5743-7 I would like to dedicate this book to all the Luo People in South Sudan, Ethiopia, Congo, Uganda, Kenya, and Tanzania TABLE OF CONTENTS Author Biography ...................................................................................... ix About this Edition ...................................................................................... xi Acknowledgements ................................................................................. xiii Chapter One ................................................................................................ 1 The Context Background Theoretical Framework Investigating Luo Groups The Construction of Ethnicity and Language Chapter Two ............................................................................................
    [Show full text]
  • A Conversation with Dance History: Movement And
    A CONVERSATION WITH DANCE HISTORY: MOVEMENT AND MEANING IN THE CULTURAL BODY A Dissertation Submitted to The Temple University Graduate Board In Partial Fulfilment of the Requirements for the Degree DOCTOR OF PHILOSOPHY By Seónagh Odhiambo January, 2009 © by Seónagh Odhiambo 2009 All Rights Reserved ii ABSTRACT A Conversation with Dance History: Movement and Meaning in the Cultural Body Seónagh Odhiambo Doctor of Philosophy Temple University, 2009 Doctoral Advisory Committee Chair: Dr. Kariamu Welsh This study regards the problem of a binary in dance discursive practices, seen in how “world dance” is separated from European concert dance. A close look at 1930s Kenya Luo women’s dance in the context of “dance history” raises questions about which dances matter, who counts as a dancer, and how dance is defined. When discursive practices are considered in light of multicultural demographic trends and globalisation the problem points toward a crisis of reason in western discourse about how historical origins and “the body” have been theorised: within a western philosophical tradition the body and experience are negated as a basis for theorising. Therefore, historical models and theories about race and gender often relate binary thinking whereby the body is theorised as text and history is understood as a linear narrative. An alternative theoretical model is established wherein dancers’ processes of embodying historical meaning provide one of five bases through which to theorise. The central research questions this study poses and attempts to answer are: how can I illuminate a view of dance that is transhistorical and transnational? How can I write about 1930s Luo women in a way that does not create a case study to exist outside of dance history? Research methods challenge historical materialist frameworks for discussions of the body and suggest insight can be gained into how historical narratives operate with coercive power—both in past and present—by examining how meaning is conceptualised and experienced.
    [Show full text]
  • Judging History
    Judging History The Interaction between Law and History in Civil Litigation about Colonial Crimes Rosa Beets Supervisor: Prof. mr. dr. H.G. van der Wilt Amsterdam, April 26, 2018 Rosa Beets Research Master Public International Law Master Thesis Word count: 21.498 (including footnotes) TABLE OF CONTENTS Introduction 1 History in the courtroom 1 From criminal prosecution to civil litigation 3 Case selection and sources 5 Structure of the essay 7 Part I: The Mau Mau Case 9 The rise of Mau Mau in colonial Kenya 9 The Mau Mau take their case to court 12 The British government as defendant: local excesses or common design? 14 Paradigm of evidence: historians as experts about the past 17 The archive that witnessed everything 20 Historians versus lawyers: historical narrative in legal argument 23 The colonial power may go to trial 25 Documents versus witnesses: a fair trial on history 26 Epilogue 30 Part II: The Indonesia Cases 33 Dutch colonialism in Indonesia and the decolonization war 33 Rawagedeh and beyond: a brief outline of the Indonesia cases 35 ‘War crimes’ versus ‘excesses’: contesting the official narrative 38 A ‘closed chapter in history’? 43 Civil claims, international crimes: a similar rationale 46 Historical inquiry through civil litigation 47 The historian as an independent expert 49 Individual cases within a broader context 51 Epilogue 54 Conclusion 57 Bibliography 63 INTRODUCTION History in the courtroom Jeremy Sarkin opens his book on Colonial Genocide and Reparation Claims in the 21st Century, published in 2009, with the observation that ‘[u]ntil relatively recently colonial human rights abuses were regarded as morally problematic, but they did not seem to have any legal relevance.’1 Over the decade to follow this publication, however, colonial violence has been increasingly dealt with in the legal realm.
    [Show full text]
  • The Mdgs and Sauri Millennium Village in Kenya
    An Island of Success in a Sea of Failure? The MDGs and Sauri Millennium Village in Kenya Amrik Kalsi MBA: Master of Business Administration MSc: Master of Science in Management and Organisational Development MA: Master of Arts A thesis submitted for the degree of Doctor of Philosophy at The University of Queensland in 2015 The School of Social Science Abstract For a number of decades, foreign aid-supported poverty reduction and development concepts, and policies and programmes developed by development agencies and experts implemented since the 1950s, have produced limited short-term and sometimes contradictory results in Kenya. In response to this problem in 2000, the adoption of the Millennium Development Goals (MDGs) was in many respects a tremendous achievement, gaining unprecedented international support. The MDGs model has since become the policy of choice to reduce poverty and hunger in developing countries by half between 2000 and 2015, being implemented by the Millennium Village Project (MVP) ‘Big-Push’ model, seemingly designed as a ‘bottom-up’ approach. Poverty reduction and sustainable development are key priorities for the Kenyan government and the Kenya Vision 2030 blueprint project. The MDGs process, enacted as the Millennium Village Project (MVP) in Kenya for poverty reduction, is now at the centre of intense debate within Kenya. It is widely recognised that foreign aid maintained MVP and sustainable development through the UN and local efforts, especially in their present form, have largely failed to address poverty in Kenya. Furthermore, not enough was known about the achievements of the MVP model in real- world situations when the MVP model interventions were applied in the Sauri village.
    [Show full text]
  • Identity Dynamics in the Context of Male Circumcision and HIV/AIDS Among Luo Youth in Kisumu, Kenya Dissertation Committee: Dr
    Negotiating Identity: Identity Dynamics in the Context of Male Circumcision and HIV/AIDS among Luo Youth in Kisumu, Kenya By Salome N. Wawire B.A., Agra University, 1994 M.A., University of Nairobi, 2000 A Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in the Department of Anthropology at Brown University Providence, Rhode Island May 2010 Copyright 2010 by Salome N. Wawire This dissertation by Salome N. Wawire is accepted in its present form By the Department of Anthropology as satisfying the Dissertation requirement for the degree of Doctor of Philosophy. Date______________ __________________________________ Nicholas Townsend, Advisor Recommended to the Graduate Council Date______________ __________________________________ Daniel J. Smith, Reader Date______________ __________________________________ Philip Leis, Reader Date ______________ Wanjiku Khamasi, Reader Approved by the Graduate Council Date______________ __________________________________ Sheila Bonde, Dean of Graduate School iii SALOME N. WAWI RE Brown University, Department of Anthropology, Box 1921● Providence, RI, 02912 ●USA - - - ● Cell: 1-401- 588-0615 ● Fax: 1-401- 863-7588 [email protected] Education Brown University, Providence, Rhode Island Ph.D., Anthropology (2010) Pre-doctoral Trainee, Anthropological Demography Dissertation: Negotiating Identity: Identity Dynamics in the Context of Male Circumcision and HIV/AIDS among Luo Youth in Kisumu, Kenya Dissertation Committee: Dr. Nicholas Townsend (Chair),
    [Show full text]
  • Myths of Origin and Their Cultural Implications in the Tigania Community of Meru County
    MYTHS OF ORIGIN AND THEIR CULTURAL IMPLICATIONS IN THE TIGANIA COMMUNITY OF MERU COUNTY BY RUKUNGA MWAMUKUI PRISCILA, B.ED. C50/CE/11989/08 A RESEARCH PROJECT SUBMITTED TO THE SCHOOL OF HUMANITIES AND SOCIAL SCIENCES IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE DEGREE OF MASTER OF ARTS OF KENYATTA UNIVERSITY MAY, 2019 ii DECLARATION iii DEDICATION I would like to dedicate this work to my family –My loving husband Wilfred, my sons Nimo and Oliver and daughter Beryl. iv ACKNOWLEDGEMENTS I am grateful to God for giving me health and strength to be able to undertake this work. I would like to extend my gratitude to my family members, especially my husband for encouraging me to soldier on, and to my mother who taught me how to speak my mother tongue, without which I would not have carried out this research. My special thanks to my supervisors, Dr Speranza Ndege and Dr. Wallace Mbugua for bearing with my many shortcomings. What initially looked like an impossible feat became easier for me to navigate through because of their humility and scholarly concern. I will forever be grateful to them. I appreciate the effort of Prof.Oluoch Obura and Dr. Paul Mukundi for guiding me to find the references I needed for this research. They taught me the value of networking with people who would later be helpful to my study. I am also grateful to the entire Isiolo Boys‟ teaching fraternity for giving me ample time to carry out my research. I recognize the input of my informants and story tellers who put in a lot of effort to ensure that I captured the stories well to be able to transcribe and translate them appropriately.
    [Show full text]
  • Economic Change in Kasipul and Kabondo, 1800-1962
    ECONOMIC CHANGE IN KASIPUL AND KABONDO, 1800-196 to Ai IZ BY PETER ODHIAMBO NDEGE untvfw ’ df natkou NRlWr' A THESIS SUBMITTED IN PARTIAL FULFILMENT FOR THE DEGREE OF MASTER OF ARTS IN THE UNIVERSITY OF NAIROBI UNIVERSITY OF NAIROBI LIBRARY 01018720 JULY, 1987. This thesis is my original work and has not been presented for a degree in any other University. This thesis has been submitted for examination with my knowledge as University Supervisor: (i) CONTENTS: Pa g e s MAPS ....................................................................................................... v TABLES ................................................................................................ v FIGURE ................................................................................................ Vi ACKNOWLEDGEMENTS ......................................................................... vii ABSTRACT.............................................................................................. ix CHAPTER I INTRODUCTION.................................................................................... I The Study Area ................................................................................ 2 Statement of the Problem and Research Objective ............................................................................................ 6 Theoretical Framework ................................................................ 7 Literature Review ......................................................................... 9 Hypotheses .........................................................................................
    [Show full text]
  • Exploration of Food Culture in Kisumu: a Socio-Cultural Perspective
    Journal of Arts & Humanities Volume 06, Issue 07, 2017, 74-86 Article Received: 27-03-2017 Accepted: 14-04-2017 Available Online: 24-07-2017 ISSN: 2167-9045 (Print), 2167-9053 (Online) DOI: http://dx.doi.org/10.18533/journal.v6i7.1162 Exploration of Food Culture in Kisumu: A Socio-Cultural Perspective Dr. Fredrick Z.A. Odede1, Dr. Patrick O. Hayombe, Prof. Stephen G. Agong ABSTRACT Increasingly food culture in the context of socio-cultural dimension is becoming important for sustainable urban development. In the last four years food festivals have been held in Kisumu attracting several interests both from within and without the City. The Kisumu fish night event of 2013 marked the melting point of food culture in Kisumu. This paper thus explores the noble intention of integrating food culture in Kisumu as a socio-cultural capital for the advancement of City sustainable development agenda. To an agrarian society, life is about food from its production, the processing/preservation up to the consumption or the sharing. People connect to their cultural or ethnic background through similar food patterns. People from different cultural backgrounds eat different foods leading to the question: Are Luos in Kisumu defined by their own food culture? This study further investigated the mode of production, and storage of food resources, examined food cuisines of the Luo community in Kisumu, and assessed the food habits, practices and beliefs associated with food cuisines, as well as, the nutritional and socio-cultural values of Luo cuisines. The research employed qualitative methods of data collection such as interviews, observation, focused group discussion and photography using purposive and snowball sampling technique.
    [Show full text]
  • Culture and Customs of Kenya
    Culture and Customs of Kenya NEAL SOBANIA GREENWOOD PRESS Culture and Customs of Kenya Cities and towns of Kenya. Culture and Customs of Kenya 4 NEAL SOBANIA Culture and Customs of Africa Toyin Falola, Series Editor GREENWOOD PRESS Westport, Connecticut • London Library of Congress Cataloging-in-Publication Data Sobania, N. W. Culture and customs of Kenya / Neal Sobania. p. cm.––(Culture and customs of Africa, ISSN 1530–8367) Includes bibliographical references and index. ISBN 0–313–31486–1 (alk. paper) 1. Ethnology––Kenya. 2. Kenya––Social life and customs. I. Title. II. Series. GN659.K4 .S63 2003 305.8´0096762––dc21 2002035219 British Library Cataloging in Publication Data is available. Copyright © 2003 by Neal Sobania All rights reserved. No portion of this book may be reproduced, by any process or technique, without the express written consent of the publisher. Library of Congress Catalog Card Number: 2002035219 ISBN: 0–313–31486–1 ISSN: 1530–8367 First published in 2003 Greenwood Press, 88 Post Road West, Westport, CT 06881 An imprint of Greenwood Publishing Group, Inc. www.greenwood.com Printed in the United States of America The paper used in this book complies with the Permanent Paper Standard issued by the National Information Standards Organization (Z39.48–1984). 10987654321 For Liz Contents Series Foreword ix Preface xi Acknowledgments xv Chronology xvii 1 Introduction 1 2 Religion and Worldview 33 3 Literature, Film, and Media 61 4 Art, Architecture, and Housing 85 5 Cuisine and Traditional Dress 113 6 Gender Roles, Marriage, and Family 135 7 Social Customs and Lifestyle 159 8 Music and Dance 187 Glossary 211 Bibliographic Essay 217 Index 227 Series Foreword AFRICA is a vast continent, the second largest, after Asia.
    [Show full text]
  • Otto Dietrich and the Future of Persecution Law
    The Forgotten Nuremberg Hate Speech Case: Otto Dietrich and the Future of Persecution Law GREGORY S. GORDON* Among internationaljurists, the conventional wisdom is that atrocity speech law sprang fully formed from two judgments issued by the International Military Tribunal at Nuremberg (IMT): the crimes against humanity conviction of Nazi newspaper editor Julius Streicher, and the acquittal on the same charge of Third Reich Radio Division Chief Hans Fritzsche. But the exclusive focus on the IMT judgments as the founding texts of atrocity speech law is misplaced. Not long after Streicher and Fritzsche, and in the same courtroom, the United States Nuremberg Military Tribunal (NMT) in the Ministries Case, issued an equally significant crimes againsthumanity judgment against Reich Press Chief Otto Dietrich, who was convicted despite the fact that the charged language did not directly callfor violence. So why is the Dietrichjudgment, a relatively obscure holding, issued sixty-five years ago, so significant today, after the development of a substantialbody ofad hoc tribunaljurisprudence on atrocity speech? It is because the seemingly antithetical holdings in Streicher and Fritzsche are more than just the subject of academic discourse. The next generation of atrocity speech decisions, it turns out, is at loggerheads about the relationship between hate speech and persecution as a crime against humanity. Trial chambersfor the InternationalCriminal Tribunalfor Rwanda (ICTR) have found that hate speech, standing alone, can be the basis for charges of crimes against humanity (persecution). A trial chamber for the International Criminal Tribunal for the former Yugoslavia has reached the opposite conclusion. And surprisingly, these judicial decisions, like the academic commentary, have completely ignored the Dietrich judgment.
    [Show full text]
  • Dp108-322012.Pdf
    This work is licensed under a Creative Commons Attribuiion-NonCommercial- NoDerivs 3.0 Licence. To view a copy of the licence please see: http://creativecommons.0rg/iicenses/by-nc-nd/3.0/ (832) (a) UNIVERSITY OF NAIROBI (b/) Institute for Development Studies Discussion papers AN INVENTORY OF RESEARCH ON EDUCATION IN KENYA By David Court DISCUSSION PAPER NO. 108 INSTITUTE FOR DEVELOPMENT STUDIES UNIVERSITY OF NAIROBI P.O. Box 30197 NAIROBI, KENYA May 1971 Views expressed in this paper are those of the author. Thejr should not be interpreted as reflecting the views of the Institute for Development Studies or of the University of Nairobi. This paper has protection under the Copyright Act3 Cap. 130 of the Laws of Kenya. AN INVENTORY OF RESEARCH ON EDUCATION IN KENYA1 - Introduction This bibliographic essay aims to take stock of research in the social sciences which relates to education in Kenya. Education for this purpose is broadly defined to include all those activities outside the family which are consciously organized to achieve educational or training objectives. The main part of the paper consists of an* annotated survey of completed and current research on education. This multi-disciplinary sampling portrays the range of approaches to the study of education in Kenya and is intended to facilitate further enquiry by documenting past contributions. Having catalogued an undifferentiated array of research, the paper attempts to abstract some of the major findings and assess some of the general characteristics of research procedure. This assessment is then used^ not to champion particular subjects of enquiry^ but to suggest that an urgent necessity is the re-thinking of principles and strategies which might guide such enquiry.
    [Show full text]