Is There a Need to Consider Geopolitical and Historical Contexts at Sub-National Level in Understanding Natural Resource Conflicts?
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COCOON-INITIATIVE-KENYA INFOSHEET 3 Is There a Need to Consider Geopolitical and Historical Contexts at Sub-national Level in Understanding Natural Resource Conflicts? Disentangling natural resource conflicts natural resource conflict might actually have Understanding natural resources and conflicts much deeper causes. requires a thorough analysis of the biophysical Understanding the position and alliances and societal subsystems, a clear definition of made between different stakeholders is crucial the kind of natural resource and the various to grasp the real underlying factors of the ecosystem services provided, the values conflict. In addition, a historical analysis is attached by several stakeholders, the needed. The complexity in time and space will management system put in place at several be illustrated through a conflict between local geographical levels and the key power Maasai pastoralists and their Kamba relationships that are at stake at the arena of neighbours over extractive minerals (marble, resource allocation. A historical analysis review gypsum). will add to a thorough understanding of the causes and effects of conflicts over natural resources. This policy brief provides an example of an apparent simple conflict over natural resources that in essence can only be fully understood if the local set up of geographical and historical perspectives are studied. Picture 1 : Natural resource conflict: marble offloaded by the local community (M. Rutten) Politics and natural resource conflicts Setting the scene The intermingling of battles for political power On 23 January 2012, a group of young Maasai and economic wealth often impacts on claims stopped a lorry carrying marble in the small over natural resources. Understanding these town of Isenya, Kajiado County. The driver of power dimensions is essential to be able to the Kenya Marble Quarries Company, a disentangle and recognize the motives of subsidiary of the East Africa Portland Cement stakeholders involved in a natural resource Company (EAPCC), of which the main factory is conflict. What at first glance clearly looks like a located some 30 km further to the north on the way to Nairobi, was told to unload his freight. He was explained that the marble from the The political and institutional context Mile 46 Quarry belonged to the Maasai and The EAPCC has been in operation since 1933. It was no longer to be taken out of the County. recently dropped its parastatal status and There are over 18 different types of minerals became a private company, although the in Kajiado County and a number of these are Kenyan Government holds a stake of 27%. The of considerable economic importance, in particular gypsum, limestone, salt and soda managing director and chairman of the board ash. Gypsum , mostly used in cement production, is mined at Isenya. The mineral is of directors are from the Maasai community also used in fertilizers and paint. Limestone is found at Kibini, Toroka and Ngatataek. The and affiliated to the PNU party of President Kibini and Ngatataek limestone are exploited Kibaki. Their position was challenged by two for the manufacture of portland cement whilst the Toroka limestone is used for ornamental Kamba ministers originating from neighbouring stones and lime products. There are large deposits of soda ash in Lake Kitui and Kathiani and affiliated to other Magadi. Elsewhere small amounts of quartzites, graphite, diatomite mica and other parties. The motivation for their action was said precious metals are found (source: District to be triggered by the upcoming Atlas Kajiado 1990). implementation of a new administrative set up as laid down in the New Constitution (2010). Power will be devolved to newly formed Counties that will derive their benefits mainly from revenues raised in these territories. For resource-rich Counties the future looks bright. For less well-endowed Counties assistance will need to be sought from national levels. Picture 2: The EAPCC plant near Athi River Town along the Nairobi-Namanga road (google) The driver had no option but to drop the marble alongside the road. Other lorries experienced the same problem. Another Portland quarry (Kibini) in Kajiado saw its Picture 3 : a car set on fire by protesting EAPCC feeder road blocked so that no limestone could workers (The Star) be taken out and brought to the Athi River The Water Minister is said to have eyed control Cement factory. Are we witnessing a natural over the EAPCC claimed to be within the Kamba resource conflict or is something else at stake? County boundaries. But the Kamba do not control the Company’s management. Kamba accusations of misuse of funds resulted in the Maasai management being sacked. At the work floor tension was building between the Maasai and Kamba employees. Cars belonging to the Maasai were damaged and Maasai managers blocked from entering the premise. Maasai leaders and community members discussed the situation and concluded that 1. Maasai officials should be re-installed, 2. the Picture 4: Boundary separating the counties of damage to the cars paid for and 3. the original Kajiado (left) and Machakos (right side) (Google) boundary separating the two counties should The conflict be re-instated. This last condition was The Maasai youngsters insisted that if their surprising but was the result of the Maasai demands were not met the Kamba should seek digging into archival records. for raw materials elsewhere. Kajiado would no longer provide the raw materials. Historical context On 9 January the court directed the re- The information gathered in the archives installment of the two Maasai officials. Vice learned the Maasai that the original boundary President Musyoka and Internal Security between the Maasai and Kamba in the Athi minister Saitoti wanted leaders from Kajiado region had been tempered with secretly and Ukambani to hold a peace meeting in Athi without their involvement around 1965. The River to iron out the problems which according then Kamba spokesmen, Paul Ngei had to a local newspaper had now taken a political approached President Jomo Kenyatta and dimension (The Star 19/01/12). On 10 February requested a boundary shift so that the factory President Kibaki fired one official anew. of EAPCC would be inside Kamba territory. The Another Maasai was appointed instead. Five Maasai, Ngei argued, had a wealth in wildlife days later the High Court nullified these steps (Amboseli National Park and Maasai Mara as the government was no longer a majority National Reserve), and minerals (Magadi Soda, shareholder. The Maasai officials kept their Kenya Marble and Kibini limestone) among positions while others allegedly involved in others, while the Kamba had nothing alike. instigation the turmoil were sacked in mid- Apparently Kenyatta agreed, however, at a 2012. In late October the Company announced price. The Kamba should hand over Oldonyo a record loss of 8 million euro resulting in a Sabuk to Central Province, where the President 40% drop in EAPCC’s stock market value. resided from. The EAPCC has been supportive in the field of precepts for the exploitation of natural school bursaries, afforestation and water resources. These precepts foremost development and health programmes notably in Kajiado but also in other regions of the country. differentiate national versus (outside) investor The Company supports the tree-planting campaign t hat was spearheaded by the late Prof. interests. Precept 1: the development of a Wangari Maathai. The signing of the Carbon Credit Trading Agreement with JP Morgan country’s natural resources should be designed to Climate Care helped EAPCC reduce carbon secure the greatest social and economic benefit for dioxide emissions by over 105,000 tons per year. This reduction has in turn seen the its people should be adjusted to include details Company re alize in excess of Shs 80, 000,000 annually from carbon sales. Also notable is the on which people to consider. A micro scale growing of jatropha curcas trees at the company analysis is needed foremost. which will be harvested and used to prepare Bio Diesel for the plant (source: EAPCC). Conclusion Solutions In summary: local Maasai stopping and Principles to promote the prudent use of offloading a marble stone lorry appeared to be natural resources have been laid down among a straightforward natural resource conflict others in the Extractive Industries Transparency between a local community and a mining Initiative (see http://eiti.org/eiti/principles ). company. This action, though, was a response Kenya is not a signatory to these principles. to an upheaval that resulted out of a mixture of The EAPCC case suggests the need to study organised and spontaneous actions on both geographical levels below the nation state sides. Both the Maasai blockage and the Kamba especially when these regions are assigned a workers’ complaint had political undertones certain level of autonomy. EITI principle 12: in among others because of the upcoming seeking solutions, we believe that all stakeholders introduction of a new administrative system have important and relevant contributions to make designed. History explained that earlier non- – including governments and their agencies, transparent deals concerning boundaries of extractive industry companies, service companies, provinces and districts contributed to the multilateral organisations, financial organisations, dispute. The EAPCC conflict illustrates how investors, and non-governmental organisations politics, wealth and natural resources should include