International Journal of Research and Innovation in Social Science (IJRISS) |Volume III, Issue X, October 2019|ISSN 2454-6186 China- Foreign Aid Relations: Examining Its Possible Links with Kenya‟s Human Rights Profile

Lilian Tunai Mulati Department of International Relations, Conflict and Strategic Studies, Kenyatta University, Kenya

Abstract: - While the West attaches strict guidelines, restrictions economic and social conditions of the continent (Mkandawire and conditionalities to its foreign aid disbursement, China has & Soludu, 1999; Frank & Baird, 1975). The above conditions adopted a ‘no-strings attached policy.’ China’s choice not to led to increased donor attention on Africa since aid would make human rights part of its engagement with Africa has made result in direct political benefits to the donor countries and it an attractive partner to African governments who are wary of also contribute to recipient‟s economic development (Frank & Western countries’ human rights excesses. However, most of Baird, 1975). Economic factors were of great significance in these African countries such as Sudan and Zimbabwe have been th accused of serious human rights violations. Kenya has world politics in the 19 C, though economic policies were significantly shifted her preference to China since 2002 when the not self-consciously used to advance political objectives NARC government took over power. Although Kenya’s human (Carr, 1945). Rosecrance (1973) argues that states used rights standards especially in the recent past have not been good, rewards of foreign assistance and loans to influence other it has not been as gross as those of Zimbabwe and Sudan. states. As a result, foreign aid leads to direct political Whereas the bilateral relations between China-Zimbabwe and influence upon the recipients‟ country especially where aid is China-Sudan is motivated, at least in part by poor human rights given by one country to offset aid given by another. profile, the nature of China-Kenya relations has not been clearly defined. The study therefore sought to find out if we can Hass (1972) is of the opinion that it is difficult to get countries contextually situate it among the trend that has defined the change their political systems or policies in response to relationship between China and other African countries foreign assistance. He uses the case of Britain that has been a expressed in terms of a relation of mutual advantage. major contributor to Commonwealth countries over the years, Key words: foreign aid relations. Human rights profile yet countries such as Zimbabwe notably diverted from Britain‟s foreign aid policy. United States contributed large I. INTRODUCTION amounts of assistance to Greece, India, Pakistan, Taiwan, he introductory part of this paper is based on the studies South Korea but these political systems have not adhered to T on concepts of foreign aid relations and their link to the United States line of foreign policy. Private aid to Israel human rights. Foreign aid is defined as financial flows, by America has been very high, but this has not meant that technical assistance and commodities from bilateral and America could dictate Israel‟s policy. Based on the above multilateral agencies that are designed to promote economic countries the study also sought to find out if China‟s foreign development and welfare as their main objective (Chakravarti, aid has influenced Kenya‟s foreign policy in part. The study 2005). Multilateral agencies are organizations such as the found out that to some extend China‟s foreign aid has World Bank and the International Monetary Fund (Krueger & contributed to Kenya‟s unprecedented shift towards China. Ruttan, 1989). Bilateral aid partners are individual donor Garner (2007) sought to find out if Chinese foreign aid to countries such as Britain and China or donor agencies such as Africa corresponded with its national security interests. From DANIDA, NORAD and USAID (Madeley, 1991). Foreign aid his eleven years of research, he found out that sometimes the became a significant element of international political aid packages corresponded with China‟s national security economy after the Second World War under the Marshall Plan interests and at times they did not. Although he only mention also known as the European Recovery Program (Gilpin, China‟s „no strings attached‟ policy, he does not include 1987). The Marshall Plan was aid directed towards war- human rights in his study. He was concerned with the ravaged western European countries by the United States. motivation to fund rather than the impact of funding on This aimed at rebuilding their economic, social and political Africa. The present study on the other hand brought in human infrastructure, to rebuild market for American products and to rights as a variable. control communist advancement (Kegley & Wittkopf, 1996). The issue of foreign aid effectiveness has occupied a central Foreign aid relation between African countries and foreign position in foreign aid scholarship. Dalgaard, Hansen and partners is traceable back to the 1960s when most African Tarp (2004, pp. 191-216) in their article “On the Empirics of countries gained their independence. However, foreign aid Foreign Aid”, found out that foreign aid has a positive impact became more significant when African economies declined on productivity in countries that are recipients. On their part, following the mid 1970‟s oil crisis, severe droughts, persistent Burnside and Dollar (2000, pp. 847-868) found out that conflicts and poor governance which wreaked havoc on the foreign aid positively impacted on the growth as long as the

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recipient country practiced good economic and political (Steiner & Alston, 1988). Falk (2002) avers that the Universal policies. Whereas, Easterly (2003, pp. 22-48) in his paper Declaration of Human Rights is based on the claim that the “Can Foreign Aid Buy Growth?” assesses the impact of safeguarding of the dignity of the individual, individual foreign aid and concludes that foreign aid does very little to freedom and democracy are all based on natural rights theory. promote economic growth in impoverished nations. Graham Wilson (1997) adds that human rights have become a leading and O‟Hanlon (1997, pp.96-104) in their article “Making Aid force in international law and in order to participate in the Work”, agrees with Easterly and advises countries and international community, one has to recognize the universality international organizations to withdraw aid, rather than of human rights. This explains Western countries policy that increase it. These studies are relevant to this study because “the allocation of foreign aid should be linked to political they help examine how foreign aid can help improve human reform and respect for basic Human Rights in recipient rights record of the recipient country. countries” (Carey, 2007). Other scholars have also focused on the link between democracy and human rights. Mutua (2002) Other studies have found out that there is no significant link states that democracy and Human Rights go hand in hand in between foreign aid and human rights. Goldsmith (2001, pp. that the more democratic a country is, the better its range and 123-148) in his study “Foreign Aid and Statehood in Africa”, protection of Human Rights. Is this the case in Africa? Okoth, did a cross-sectional time series analysis on African countries‟ (1994) argues that most countries in Africa have constitutions democratization and foreign aid received. He found out that with a clause on Bill of Rights, but Human Rights injustices there was only a small causal effect between aid and are common and the rule of law is non-existent. He gives an democracy. Dunning (2004, pp. 409-423) expanded on example of Zimbabwe where the president has changed the Goldsmith‟s study in “Conditioning the Effects of Aid: Cold constitution thus the separation of power is not upheld and War Politics, Donor Credibility, and Democracy in Africa”. that the judiciary does not protect the Bill of Rights. This He found out that in the period before Cold War, aid had no means human rights standards are questionable. statistically significant impact on democracy. However, in the second period after the end of the Cold War, aid had a positive According to Thomas, Hannah, Julissa and Leland (2009), impact on democracy. Knack (2004) undertook a similar study many African countries are missing on aid from Western in his article focusing on all countries receiving official countries because Western countries use foreign aid to development assistance. Like Goldsmith and Dunning, Knack influence the behaviours of aid recipients regarding Human concludes that there is no significant link between foreign aid Rights and economic reforms. Mancheri (2012) argues that and democracy. The above studies focused on the effect of this makes most African countries to turn to donors who give foreign aid on democracy and not specifically on human rights foreign assistance without conditions of human rights as this study did. observance. If this is the reason, then this observation answers the question why African countries turn to China. Observably, The benchmark for the protection of human rights as an China does not embrace „Western style‟ human rights policy international obligation was set in the aftermath of the Second thus it has been ranked alongside Sudan and Cuba, as World War, after the trial at Nuremberg of the Nazi war countries with the worst Human Rights abuse in the world criminals (Steiner & Alston, 1988). On 10th December 1948 in (Ahmed, 2010). Chinese infrastructural projects have been Paris, the United Nations General Assembly adopted the found to precipitate human rights violations in Namibia, Universal Declaration of Human Rights (Foot, 2000). Over Angola and Zambia. It has been found out in these countries the past fifty years, more and more countries have signed that employers repeatedly ignore local minimum wage laws these treaties and conventions. Neumayer (2005) raises a and affirmative action requirements, while refusing to pay critical question: “do International Human Rights Treaties social security and allowances (Jauch & Zakaria, 2009). In Improve Respect for Human Rights?” Neumayer found out response to such criticism, Chinese authorities assert that civil that treaty ratification had little impact on Human Rights. and political rights (CPR) should not be given primacy over Neumayer‟s observation is relevant to this study in the sense economic, social, and cultural rights (ESCR). According to that Kenya is a member of the United Nations and it has Chinese authorities, deviations from an economic growth path domesticated some human rights treaties, yet her human rights for the sake of CSR are not justifiable (Zakaria, 1994). The standards are still wanting and the trend of domestication has present study disagrees with the above argument because been slow. Within Human Rights, there is a discourse that human rights are indivisible since you can‟t separate CPR and centers on universality of Human Rights verses cultural ESCR. In addition to the above observation, China rejects relativism (Wilson, 1997, p. 14). Proponents of cultural universality of human rights (Brown & Sriram, 2008). This relativism who are mostly Third World countries hold that observation helps assess China-Kenya position on universal one‟s culture plays a large role in what one considers to be human rights standards and how this fits in the mutual relation right and wrong. They argue that since cultures are different, manifest in the foreign aid extended to Kenya. Human Rights cannot be the same all over the world. II. METHODOLOGY Proponents of universality of human rights, who are mostly Western countries, hold that Human Rights cut across the This study‟s aim was to find out what underpins the cultural divide due to the fact that all people are humans unprecedented China-Kenya relations. To achieve this, the

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study adopted an explanatory case study research approach to Kenya increased from 0.08 % of total external assistance in collect the relevant data and analyze it. Mitchell and Bernaeur 2002, to 13 % in 2005. This has therefore resulted in China (2004) define an explanatory case study research as the study rising from the lowest contributors of development assistance that seeks to find out “what made this happen.” This is to Kenya to the largest bilateral donor in 2005 (UNDP, 2006). relevant to this study which sought to find out the reason China has gradually and consistently emerged as one of the behind the China-Kenya relations. The study used purposive dominant economic powers in global arena. More so, given its sampling. Respondents were selected based on the office or attractive foreign aid policy, most African countries and position they held or are holding at present and also through Kenya in particular have turned to China for foreign aid recommendation of others in the field. These included assistance (Glennie, 2008). Foreign aid from China is officials from the Ministry of Foreign Affairs, officials from increasing while aid from traditional Western donor countries the human rights commissions, academicians and political has decreased based on data from the Government of Kenya analysts. The study engaged both Secondary and Primary 2011/2012 Estimates of Development Expenditure (2011). In sources of data. The researcher collected primary data through Kenya's 2011/2012 budget, China was the largest source of informant interviews and secondary data through library funds to construct roads, rail and other general infrastructure research. The field of international relations focuses primarily upgrades surpassing all DAC. While the emerging trend is the on states rather than individuals thus international relations case, political actors in Kenya, media and even Kenya foreign cannot be studied systematically using field experimental affairs department indicate what is referred to as „Look-East methods (Hyde, 2007). Therefore, in this study interview foreign policy‟. Look-East policy means Kenya is turning schedules were used as the main instrument for data towards China thereby shifting away from traditional foreign collection. The research findings were presented in narrative aid partners such as the US and Western Europe such as the and table form. The method was useful in summarizing and UK. Reasons underpinning this development need to be organizing data to make meaning and observe foreign aid examined. A significant question guided this discussion: Why trends. The authenticity of the data collected was attained is aid from China more appealing than that from traditional through historical criticism, evaluation and comparison of the donors? The study found out that China‟s aid is more collected information with the existing one. appealing than that from traditional donors because of China‟s III. RESULTS AND DISCUSSION non-interference policy. Geoffrey (2006) on the other hand observes that China-Africa relations are motivated by China China‟s no strings attached policy, which is a policy that being less exploitative, rather emphasizing on mutual relation. allows African governments to receive financial aid packages The two policies are discussed in relation to Kenya‟s case in regardless of their human rights standards, makes China an the following section. attractive foreign partner as mentioned earlier. Countries such as Angola, Nigeria, Sudan and Zimbabwe have had massive 3.1 Non-interference policy human rights violations yet receive huge financial aid from Condon (2012) defines it as a policy where China „respects China. The study explored Kenya human rights trends African countries‟ choice in political system and development alongside the foreign aid trends examining how human rights path suited to their own national conditions, and does not and foreign aid could be interlinked in defining the nature of interfere in internal affairs of African countries. It also China-Kenya relations. The paper prospectively analyzed data supports them in their just struggles for safeguarding their that was acquired during the fieldwork that was arguably independence, sovereignty and territorial integrity. The West important in understanding the possible link between China- conditionalities on pluralism and internal democracy are the Kenya foreign aid relations and Kenya‟s human rights profile. ones that made President Moi to gradually warm up towards The study argues that during President Jomo Kenyatta‟s China (Elmi, 2012). By the time president Moi left office in regime the country was pro-west. This was seen from the epic 2002, he had succeeded in endearing himself to the political struggle between the two factions in KANU, the left and the authorities of the People‟s Republic of China. President Moi‟s right wing. When the left side which was pro-China was government had a wanting human rights record but China evicted from government in April 1966, the relations between overlooked these realities as it strengthened its economic the two states deteriorated, ending in a diplomatic break in relations with Kenya (Koeberle, 2003). Though some Western 1967. By the time of Kenyatta‟s death in August 1978, governments such as Britain and France had equally done the Kenya‟s foreign policy was firmly anchored to the Western same till the late 1990s when they introduced conditionalities sphere. On his part, president Moi maintained a balance even (Lawson, 2013). though he disagreed largely with the Western push for competitive politics and liberalization thus he courted non- To find out if China‟s, non- interference policy that has traditional Western benefactor and this saw the relation guided her relation with most African states applies to Kenya. between China and Kenya restored (Kioko, 2012). It is I sought an interview with a deputy administrator in the reported by scholars such as Oluoch (2006), Kioko (2012) and ministry of foreign affairs, R.Wasike (personal Chege (2008) that it is the Kibaki regime that made drastic communication, January 20, 2015). His sentiments were that shift towards China. This saw China‟s aid contribution to China interferes so much with Kenya; China officials are

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always at state house to influence political decisions. He went Kibaki government committed election fraud on a grand scale ahead to say that there are no relations without interference in many districts throughout the country (Branch, 2011). In especially when countries with different economies interact spite of these, Kibaki did not relinquish the presidency, thus the non-interference policy is just on paper. On the same inviting a crisis in the country as many people were killed and issue I interviewed the director of Foreign Service department internally displaced (Aljazeera, 2008, online). In the aftermath of training and research, at the institute of diplomacy, S. of the Kenya‟s post-election violence a Commission of Kiragu (personal communication, February 10, 2015). He Inquiry into Post-Election Violence commonly referred to as agreed that indeed China has a non-interference policy when it the Waki Commission after its chairman was formed. The relates with a country, it is purely economic, and they don‟t commission was established to investigate the facts and interfere with internal affairs of a state. He agreed that Kenya circumstances surrounding the violence, the conduct of state is partly motivated by the policy since the West came up with security agencies in their handling of it, and to make conditionalities. recommendations. The report concluded that anyone found to have instigated or participated in the violence should not be The third interviewer was from the ministry of foreign affairs given amnesty and also should be prosecuted under national in charge of China‟s desk who chose to remain anonymous, and international law. A law that would establish a tribunal to respondent X (personal communication, February 12, 2005). put on trial those responsible failed to pass parliament on He agreed that indeed China has a non-interference policy; three separate occasions (Brown & Sriram, 2012). Therefore, they don‟t interfere with internal affairs of Kenya as their the ICC stepped in as a response to the perceived failure of relation is purely economic. The policy that guides China is local authorities to try to bring to justice the perpetuators of mutual respect. He argued that although China is also out to the violence. spread her communist ideas, they do it gradually, which is Kenya adamantly protested the decision by arguing that it stronger than the conditions from the West. The third would bring to justice anyone responsible for the violence on interviewer gave an example of the Lesbians, Gays, its own. For this reason, Kenya lobbied the United Nations to Transgender and Bisexual (LGTB) bill in which try to prevent the ICC from putting on trial six prominent constrained Uganda‟s relations with the USA. He argued that supporters from both major parties. One of the strongest if it was China, this would have been different due to the non- supporters of Kenya's call to stay away from ICC charges interference policy. The study found out that Kenya just like against the six was China (Jianping & Zhixiang, 2005). other African countries is partly motivated by the policy of no-interference since the West came up with conditionalities. In fact, China on various occasions stated its support for the The findings lead that, indeed there is a non- interference Kenyan government by arguing that this was a matter of policy when China relates with a country though the policy is national sovereignty. China assisted Kenya in trying to defer just on paper as China interferes in some instances. Though, the case for one year to establish its own laws to put the upholding the policy is increasingly becoming difficult to accused on trial. China's vice premier, Wang Qishan, when sustain for China. This is because in most of its engagements visiting Kenya in 2008, affirmed China's position on the ICC with African states, Beijing is primarily concerned with with regards to Kenya as China supported home grown continued access to Africa‟s strategic resources. These include solutions that would help Kenya overcome any challenges it its heavy investments in the Angolan and Sudanese oil faced including the ICC process (Presidential Press Service, industries; substantial interest in Zambian copper and even its 2008, online). At the UN, China also held further informal recent attempt to secure some shares from new oil fields in meetings with other countries to try to stop the ICC charges Ghana and Uganda (Ngaire, 2008). Involvement in such against the Kenyan nationals (Ochami, 2011, online). China strategic sectors raises the stakes for competition and went even further when, holding the rotating presidency of the meddling as both internal and external interests intersect in the United Nations Security Council, it placed the concerns of acquisition and development of such resources. This dilemma Kenya on the agenda to try to convince other Security Council will continue to challenge non-interference as a policy that members adamantly opposed to the deferral. In spite of these sets Beijing apart from the West in Africa. efforts, in March 2012, the ICC confirmed the charges and proceeded to take them to trial (AFP, 2012). Brown and China emerged as a strong defender of Kenya during the Sriram (2008) argue that the basis behind the protection of the International Criminal Court (ICC) trials through its stated Kenyans from ICC has been the diverging interpretation of policy of non-interference. In January 2008, the country human rights. China's support for the Kenyan government became engulfed in post-election violence, which erupted during the ICC case is compared to China's support of other following a contested election between the current opposition illiberal regimes throughout the world. The Chinese leader Raila Odinga and his Orange Democratic Movement government has always asserted that human rights should be (ODM) and the former President 's Party of considered within the purview of national sovereignty. For National Unity (PNU). The conflict revolved around the example, Taylor (2009) notes that the persistent call by presidential contest although president Kibaki was declared Western leaders to universalize international human rights - the winner (Prunier, 2008). The opposition, with evidence which implicitly boil down to Western capitalist values - can from European Union election observers, alleged that the

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be countered by Beijing and its African allies as reflecting for their industries as China tends to get materials from her neo-colonial impulses. industries back at home, employment for her manpower that work on their projects and Kenya is added to her list of Copson (2007) observes that China is a natural alternative friends. It is worth noting that despite the above, he pointed partner of pariah states. Where China through its support of out that the level of satisfaction varies as the stronger gain, pariah states ensures her own human rights record is not because they have a bargaining power. The study concluded subject to international criticism in forums such as the UN that there is no mutual relation between China and Kenya as Human Rights Council. In addition, factors such as the China being the stronger economy stands to benefit more. Chinese government lack of action against pariah regimes which abuse human rights is motivated by its desire to protect IV. KENYA‟S HUMAN RIGHTS PROFILE AND its access to their resources and markets. It should be noted FOREIGN AID TRENDS that China's influence over such governments can sometimes The major difference between China and the West is that the be exaggerated and in many instances they do not have Chinese aid is devoid of human rights as conditionality decisive influence over the offending countries. (Brown & Sriram, 2008). The following section will explore 3.2 Mutual Relation between China and Kenya Kenya‟s human rights trends alongside the foreign aid trends. There has been debate on whether China‟s engagement in Human rights are fundamental moral rights of the person Africa is a singular interest or is for mutual benefit. Gaye necessary for a life with human dignity (Forsythe, 2000). (2006) argues that China importing its own workforce to work While human rights have a long history in theory and even in in aid projects granted to Africa is disadvantage for Africa but spasmodic practice, it was the American and French beneficial to China since it allows her to solve its domestic revolution of the 18th C that sought to create national policies unemployment problem. Similar observation is made by based on broadly shared human rights (Donnelly, 1999). Beuret and Michael (2008), who argue that part of the Chinese Despite the rhetoric of universality, human rights have government‟s policy is to encourage Chinese entrepreneurs to remained essentially a national matter, to be accepted or not, travel abroad and seek greener pastures. These investors come until 1945 when they were recognized in global international with fierce competition especially in the informal sector. In law. The emergence of international human rights as a factor Dakar for instance, it has been reported that half of the local in international relations is traceable to the post Second World traders are bankrupt because of cheap goods brought by War era during the trial at Nuremberg of the Nazi war Chinese businessmen. Based on these arguments, the study criminals (Ratner & Abrams, 2001). On 10th December 1948 sought to find out the claim that Kenya-China relations are at Paris, the United Nations adopted the Universal Declaration less exploitative, rather mutual relation. of Human Rights. The declaration represented the first global expression of rights to which all human beings are inherently In an interview with the former Kenyan ambassador to China, entitled. By the late 1990s, about 140 states had formally who chose to remain anonymous, respondent Y (personal adhered to the International Covenant on Civil and Political communication, March 16, 2015), argued that China is Rights and the International Covenant on Economic, Social interested in Kenya because of the following reasons. First, and Cultural Rights (Foot, 2000). This meant that human Kenya is the strategic point to Africa. Secondly, Kenya is a rights were no longer a matter within state domestic pace setter in development in Africa and thirdly, Kenya is jurisdiction but states were to answer to the international liberal compared to other African governments. He observed community for their treatment of individuals. that development wise, Kenya benefits from the relations by citing the railway project and the Lamu port expansion With the collapse of the Cold War, the United States and her project. Despite the above observation, the respondent felt that allies in Western Europe became dominant actors in world the economic sector and the tourism sector will suffer greatly politics. They formed the Organization for Economic because of China‟s unfavourable trading condition and Cooperation and Development (OECD) countries; there Chinese being savers and not heavy spenders like the West. policy was that the allocation of foreign aid should be linked Thus in terms of benefit, the respondent felt that China being to political reform and respect for basic human rights in the giant economy stands to benefit more from the relations recipient countries. The recipient countries had to meet these thus there is no mutual relation. conditionalities in order to continue receiving aid. This meant that aid was used as a policy instrument to push for particular In an interview with an assistant administrator from the changes in developing countries. Since foreign aid is the main institute of diplomacy, B. Kariuki (personal communication, source of external finance in many developing countries, April 15, 2015), the study found out that indeed there is a Carey (2007) argues that making aid allocation connected to mutual relation but at different levels. Kenya has benefitted Human Rights conditions in aid-recipient countries is a from the relation where the respondent gave examples of the powerful tool to improve the protection of universal Human foreign aid flow from China in form of scholarships, Rights. Those who support universal human rights such as Confucius institutes, the China cultural centre built in Kenya, Hoffman (1981), agree that anarchical international relations, Chinese investors, tourists and market for goods such as without central government, meant that it was not easy to coffee and tea. For China, he identified areas such as market interject human rights considerations into the small policy

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space left over from intense national competition. discrimination against women were rife. The abuse of children, including forced labour and prostitution, was a It‟s against the background of this foreign aid isolation that serious problem. Female genital mutilation (FGM) remained China emerged as an alternative foreign aid partner. As widespread, despite the 2001 legislation against it for girls Europe and U.S continued to marginalize Africa on account of under 16 (Amnesty international, 2010). poor Human Rights records, China embraced the continent referring to it as the developing brother (Alden, Large In November 2005, the Kenyan government banned political &Oliveira, 2008). As discussed earlier, China-Zimbabwe and rallies by opposition parties. The former vice China-Sudan relations are motivated by China‟s no strings President Moody Awori stated that the government considered attached policy based on the two countries poor human rights calls for nationwide rallies inappropriate and a threat to profile. This study focused on , in a bid national security and citizens were cautioned not to attend the to find out if China-Kenya relations can be explained in terms meetings (Daily Nation, 5th November, 2005). On 3 June of China relations with other African countries. Fiott (2010) 2007, President Mwai Kibaki stated that Mungiki members observes that to both China and the U.S, Kenya is a strategic "should expect no mercy" (The Standard Newspaper, 3rd June, getaway to Africa. It has a pool of human capital and power 2007). Two days after this announcement about 300 Mungiki to mobilize Africa. For instance, in the Kenya ICC case, the members were arrested and at least 20 killed. The late John whole of Africa through the African Union wanted to pull out Michuki, at the time Minister for Internal Security, publicly of ICC. stated following the killings, "we will pulverize and finish them off. Even those arrested over the recent killings, I cannot During the first post-independence period, state security tell you where they are today. What you will certainly hear is forces harassed dissidents as they were suspected of that so and so's burial is tomorrow" (The Standard complicity in several murders of prominent personalities Newspaper, 6th June, 2007,pp. 1-2). The Kenya National deemed as threats to president Kenyatta‟s regime, including Commission on Human Right‟s Cry of Blood report on Extra- Pio Gama Pinto, Tom Mboya, J.M Kariuki, MP and Judicial Killings and Disappearances was published in lawyer Argwings Kodhek and former KADU leader and September 2008 (KNCHR report, 2008). The KNCHR minister Ronald Ngala (Goldsworthy, 2008). President Daniel reported that the forced disappearances and extrajudicial Moi‟s administration consistently received international killings appeared to be official policy. The report established criticism on its poor record of human rights. Under president patterns of conduct by the Kenya Police that constituted Moi, security forces regularly subjected opposition leaders crimes against humanity. In November 2008, Wiki and pro-democracy activists to arbitrary arrest, detention Leaks brought wide international attention to the KNCHR the without trial, abuse in custody, and deadly force. International Cry of Blood report. On 5 March 2009, two of the human aid donors and governments such as the United rights investigators involved in the investigations documented States, Germany, the United Kingdom, and Norway in the report, Oscar Kamau Kingara and John Paul Oulu, were suspended aid allocations pending human rights improvement assassinated. Their assassinations were linked to security (Lawson, 2013). This made President Moi to gradually warm forces by non-governmental organisations (Amnesty up to new friends and economic-cum-trade partners especially International, 2011). China though it was not articulated outwardly as a foreign policy trend (Elmi, 2012). China had a policy of no strings Freedom House, a US based NGO founded in October 1941 attached to foreign aid whereas the West‟s aid came with conducts research and advocacy on democracy, political conditions on improving human rights and internal freedom and human rights. The Freedom House provides democracy. annual country by country report on global political rights and civil liberties (Jabine & Claude, 1992). The following chart he term under Mwai Kibaki (2002-2012) presidency was shows Kenya's historical ratings since 1972 to 2011 published highlighted in this thesis as the period that scholars such as annually by Freedom House. A rating of 1 is "free"; 7, "not Oluoch (2006), Kioko (2012) and Chege (2008) believe free" the table helped this study in analyzing Kenya‟s stance Kenya made the unprecedented shift towards China. on human rights standards based on political and civil rights. Politically motivated human rights violations diminished and donors started warming up to the new government but other Table 1: Freedom House Report on Kenya‟s Historical Rating (Political and human rights abuses persisted, many under the hands of Civil Rights 1972-2011) security forces, particularly the police (Sarah, 2010). The Political Civil

Year Status President

police force was viewed as the most corrupt entity in the Rights Liberties country characterized by extorting bribes, complicity in 1972 5 4 Partly Free Jomo Kenyatta criminal activity, and using excessive force against both criminal suspects and civil gatherings. Apart from police and 1973 5 4 Partly Free Jomo Kenyatta penal system abuses, infringements of rights in the course of legal proceedings were widespread. Freedoms of speech and 1974 5 4 Partly Free Jomo Kenyatta of the press were compromised through various forms of harassment of journalists and activists. Violence and 1975 5 5 Partly Free Jomo Kenyatta

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Political Civil Political Civil

Year Status President Year Status President

Rights Liberties Rights Liberties

1976 5 5 Partly Free Jomo Kenyatta 2008 4 3 Partly Free Mwai Kibaki

1977 5 5 Partly Free Jomo Kenyatta 2009 4 4 Partly Free Mwai Kibaki

1978 5 4 Partly Free Jomo Kenyatta 2010 4 3 Partly Free Mwai Kibaki

1979 5 4 Partly Free 2011 4 3 Partly Free Mwai Kibaki

1980 5 4 Partly Free Daniel arap Moi Source: Freedom House Report (2011, pp.6-8).

1981 5 5 Partly Free Daniel arap Moi From the above table, it was noted that at no point has Kenya had her status being free meaning Kenya human rights status 1982 5 5 Partly Free Daniel arap Moi has never met international human rights standards. According to the Freedom house report above, it is during the 1983 5 5 Partly Free Daniel arap Moi reign of the former president Daniel Arap Moi, 1987-1991 1984 6 5 Partly Free Daniel arap Moi and 1993-2001 that the country‟s status was completely not free, meaning the country was experiencing gross human 1985 6 5 Partly Free Daniel arap Moi rights violations. Apparently this was the period when the policy of allocation of foreign aid was linked to political 1986 6 5 Partly Free Daniel arap Moi reform and respect for basic human rights in recipient countries which was brought by the OECD countries (Carey, 1987 6 6 Not Free Daniel arap Moi 2007). This explains why international aid donors and 1988 6 6 Not Free Daniel arap Moi governments such as the United States, Germany, the United Kingdom, and Norway suspended aid allocations to Kenya in 1989 6 6 Not Free Daniel arap Moi the 1990,s.

1990 6 6 Not Free Daniel arap Moi From the Freedom House report above, Kenya‟s status improved to partly free from 2003 when Mwai Kibaki came to 1991 6 6 Not Free Daniel arap Moi power though still not up to the international human rights standards. This could be attributed to the setting up of the 1992 4 5 Partly Free Daniel arap Moi national human rights institution, the Kenya National 1993 5 6 Not Free Daniel arap Moi Commission on Human Rights (KNCHR). KNCHR is an autonomous national human rights institution, established by 1994 6 6 Not Free Daniel arap Moi the Kenya National Commission on Human Rights Act, 2011. It is a successor to the body of the same name established by 1995 7 6 Not Free Daniel arap Moi an earlier Act of Parliament in 2002. The original KNCHR 1996 7 6 Not Free Daniel arap Moi became operational in July 2003, and following the promulgation of the in August 2010, it 1997 6 6 Not Free Daniel arap Moi was legally reconstituted as the Kenya National Human Rights and Equality Commission (under Article 59 of the 1998 6 5 Not Free Daniel arap Moi Constitution). The 2011 legislation restructured the body, assigning the equality function to a new National Gender and 1999 6 5 Not Free Daniel arap Moi Equality Commission and reestablishing the name of the 2000 6 5 Not Free Daniel arap Moi KNCHR. The main mission of the KNCHR, in its successive legal embodiments, has been to investigate and provide 2001 6 5 Not Free Daniel arap Moi redress for human rights violations in Kenya, to research and monitor the compliance of human rights norms and 2002 4 4 Partly Free Daniel arap Moi standards, human rights education and training and campaigns, advocate, and collaborate with other stakeholders 2003 3 3 Partly Free Mwai Kibaki in Kenya and to ensure Kenya's compliance with international 2004 3 3 Partly Free Mwai Kibaki human rights standards. th 2005 3 3 Partly Free Mwai Kibaki On 4 March 2013, general elections were held which ushered in the Jubilee government under the leadership of President 2006 3 3 Partly Free Mwai Kibaki Uhuru Kenyatta and his deputy . When they took over power, the two were facing charges on crimes 2007 4 3 Partly Free Mwai Kibaki against humanity at the International Criminal Court in The

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Hague. China came out very strongly supporting the Kenyan gave the example of the recent US –Africa summit and the government during the ICC case. China's unwavering support recent visit of President Obama to Tanzania and later to for members within the government has demonstrated that Kenya and Ethiopia. China is protecting its strong ally both politically and On China‟s distinct notion of human rights, I sought an economically, especially in the East African context. China's interview with Professor Kisiang‟ani (personal support has raised questions as to what the Kenyan political communication, March 10, 2015) of Kenyatta University from elites have given to China in return for this support. the department of History, Archaeology and Political Studies. Importantly, the study found out that China seems to support He argued that the definition of human rights is flexible where Kenya to further its economic and geostrategic needs rather China‟s definition is different from the Western one. China‟s than letting the perpetrators of the election violence be put to aid has no conditions on democracy and human rights but this an impartial trail. doesn‟t mean that China doesn‟t respect human rights. It‟s just On Kenya‟s human rights standards, I interview the former that they have their own definition of human rights. KNCHR chairperson, Dr. F. Jaoko (personal communication, According to China, the state comes first while for the West, April 22, 2015). In the interview, she stated that compared to an individual comes first. In addition to that the Kisiang‟ani other African countries such as Zimbabwe and Sudan, pointed out that China is not democratic and not purely Kenya‟s performance on human rights is much better based on communist. They practice state capitalism where they don‟t the human rights treaties signed and ratified. She went on to hold elections, what they have is a system where 3000 say that Kenya might not measure to the international deputies who represent the people‟s interests meet twice a standards but Kenya is a thriving democracy that observes year. This lack of competitive politics denies people the human rights. She also pointed out some of the international freedom of expression but guarantees comfortable life. He felt human rights treaties that Kenya has signed and ratified. They that since the West and China view Human Rights differently include the International Convention on the Elimination of All it is hard to judge that some countries have poor human rights Forms of Racial Discrimination (2001), International record while others observe human rights. Covenant on Economic, Social and Cultural Rights (1972), On African countries records on human rights, I interviewed International Covenant on Civil and Political Rights (1972), Dr E. Kisiangani, a senior researcher in the Institute of Convention on the Non-Applicability of Statutory Limitations Security Studies (personal communication, February 20, to War Crimes and Crimes Against Humanity (1972), 2015). He argued that the West came with conditions on Convention on the Elimination of All Forms of human rights which put off many countries that were unable Discrimination against Women (1984), Convention against to meet the conditions. China‟s no strings attached policy is Torture and Other Cruel, Inhuman or Degrading Treatment or meant to counter the West. China is exploiting African Punishment (1997) and the Convention on the Rights of the countries aware of conditions from the West on human rights. Child (1990). According to Dr. Kisiangani, Africa needs tangible things Treaties that haven‟t been signed nor ratified by Kenya that such as infrastructure development which China gladly offers. the former KNCHR chairperson identified includes the His argument explains why most countries in Africa turn to Convention on the Prevention and Punishment of the Crime of China since it has poor human rights record. Some of the Genocide, Second Optional Protocol to the International countries he identified included Sudan, Angola, Zambia and Covenant on Civil and Political Rights, aiming at the abolition Zimbabwe. of the death penalty, International Convention on the China‟s involvement in Africa with “rogue states” and Protection of the Rights of All Migrant Workers and Members corrupt governments has received endless criticism from the of Their Families, Optional Protocol to the Convention on the West. They argue that China should use its economic leverage Elimination of All Forms of Discrimination against Women, as a political tool, and threaten to cut off financial ties to Optional Protocol to the International Covenant on Economic, recipients that repeatedly violate human rights (Coyne & Social and Cultural Rights. Ryan, 2008). The Chinese on the other hand argue that In an interview with a commissioner of KNCHR from the conditionalities are a form of interventions that violates the Research and Compliance Department, who chose to remain sovereignty of the targeted nation. Taylor (2006) argues that anonymous, respondent Z (personal communication, April 30, China has refused to use its economic or diplomatic power as 2015, pointed out that during the last US-Africa summit the leverage against governments that commit even the most presidents of Sudan and Zimbabwe were not invited because extreme human rights abuses or corrupt practices. It justifies of their countries‟ human rights standards but Kenya was its “clean hands” stance by pointing to its long standing policy invited. According to her, NGO‟s were the ones depicting on non-interference. China thinks that her domestic human human rights standards in Kenya to be very bad so as to get rights issues are nobody‟s business, so it has no interest in money from the West yet the situation on the ground is not meddling in the internal affairs of others. that gross. She also noted that it seems the West is lessening The study also sought to find out if foreign donors can help its standards on human rights to compete with China as it improve human rights standards in Kenya. In an interview attracts back Africa. To back up the above observation, she with Dr. J. Imbisi, lecturer Kenyatta University, department of

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History, Archaeology and Political Studies (personal The paper therefore concludes that what engineers the communication, March 5, 2015). The study found out that relations between China and Kenya are pull factors (attractive donors and civil societies sponsored by donors have helped a conditions) on the Kenyan part. The main pull factor is lot in improving human rights standards in Kenya. He pointed China‟s non- interference policy. As mentioned above Kenya out how conditions from the donors led to introduction of respects human rights though not 100% but compared to other multipartism in Kenya which ushered in a new era of human African countries such as Sudan, Zimbabwe and Uganda, rights observations. Though he insisted this could only work Kenya‟s human rights are not as gross. The reason why Kenya when donors and governments work together because the is not meeting the international human rights standards is donor conditions haven‟t worked with Sudan and Zimbabwe. because some international rights conflict with Kenya‟s At times donors have own motivations thus double standards culture and security for instance the law on homosexuality and among donors e.g. in Libya. the handling of Somali refugees respectively. Forcing Kenya to adopt them interferes with Kenya‟s sovereignty, Kenya It has been argued in the media and political arena that should rather relate with China whose aid is devoid of human China‟s assistance to Kenya regardless of human rights rights as conditionality. It is important to note that Kenya still standards encourages human rights violations by the likes the West as it is seen as the land of opportunities, but aid government. Respondents had divided opinions on the condition is the only challenge. This best explains the argument. The director of Foreign Service (training and excitement in the country when president Uhuru was invited research) in the institute of diplomacy who has been to attend the Africa-US summit that ran from 6th to 9th August mentioned earlier in the study argued that based on China‟s 2014 and when president Obama visited Kenya. This study policy of non-interference, the relations between the two has established that Kenya is a thriving democracy that tries to countries might result to continuation of human rights abuses observe human rights based on the international human rights as China doesn‟t interfere with internal issues of a country. treaties that have been signed and ratified. Thus the nature of However, a senior lecturer at the University of , Kenya-China relations cannot be explained fully in terms of department of political science and public administration who China relations with other African countries as Kenya‟s chose to remain anonymous, respondent W (personal human rights are not as gross compared to other African communication, April 10, 2015) had a different opinion. In an countries. Apart from human rights profile, Kenya associates interview with him, he argued that there is no empirical with China because of economic reasons as everyone evidence to support the above argument. As there are other including USA associate with China. agencies that watch over human rights in Kenya like the civil society and the International Criminal Court that keep the The paper reveals that China‟s economic gains from Kenya government in check. far outweigh its interest in enhancing human rights in the country. From the findings of this study, it emerges that V. CONCLUSION China‟s support for Kenya during the ICC cases was one that One of the differences between China and the West is brought would not jeopardize their economic dealings. China about by human rights as a factor in international relations. supported the withdrawal of the Kenyan cases from ICC The two conflict because China‟s definition of human rights is arguing that that was interfering with Kenya‟s sovereignty. different from the West. According to China, the state comes The paper concludes by arguing that China is important to first while for the West an individual comes first. The study Kenya as economic partner, but proposes the need to put in was based on the assumption that there is a possible place measures to guarantee transparency in dealings between connection between China-Kenya aid relations and Kenya‟s the two countries. human rights profile as Chinese aid is devoid of human rights REFERENCES as conditionality. 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