We need a new approach in terror investigation

By Peter Aling’o       

The Kenya government has mounted a massive crackdown on terror in the country since  April 4, 2014. The operation, known as Operation Usalama Watch, is said, by security forces, to be an operation to detect illegal immigrants, arrest and prosecute persons suspected of engaging in terrorist activities, identify places harbouring criminals, and contain and prevent general acts of crime and lawlessness. However, to all intents and purposes the operation is an effort to crack down on terrorism.

The current security operation that has been concentrated in Nairobi and Mombasa has   resulted in the arrest of over 4,000 people. A striking similarity in this operation to the one mounted during the Westgate Mall attack in Nairobi is that both are bullish, brutal, impulse-driven and reactionary. Moreover, both types of operations involved different security arms and departments of government.

A valid question to ask, therefore, is whether any lessons were learnt from the Westgate attack in terms of failure to prevent it and the subsequent response.

In particular, whether serious strategic thought and analysis was given to the current operation to avoid it ending up as a smokescreen that would result in bitterness, isolation and alienation amongst Kenyans.

There is no doubt that terrorism is a global threat facing most nations of the world and therefore should not be countenanced. Kenya is no exception and has since 1998 suffered numerous terrorist attacks. But judging from the government’s reaction to the threat of terrorism it has largely been oblivious of the root causes underlying the threat.

In Operation Usalama Watch, large numbers of security personnel have been deployed in Nairobi’s Eastleigh area and parts of Mombasa, perceived to host operational bases of terrorists. Dozens have been held, particularly those perceived to be non-Kenyan and ‘suspected criminals’.

The suspects have been held in degrading conditions, showing little regard to basic human rights and fundamental liberties as enshrined in the Kenyan Constitution and international and regional human rights law and standards, that Kenya is obligated to observe. This situation only serves to entrench a sense of resentment, isolation, and discrimination.

For example, out of those arrested, over 300 have been deported to Somalia. Yet the basis under which the deportations were conducted is unclear since organisations like the UNHCR were denied access to the detention and screening centres. In any event, any deportation to Somalia contravenes the refugee principle of non-refoulement protected under Article 2 (3) of the 1969 OAU Convention Governing Specific Aspects of Refugee Problems in Africa, to which Kenya is signatory.

Furthermore, concentration of security raids in Eastleigh and parts of Mombasa also lends credence to the perception that the operation is discriminatory and targets particular communities and religion.

This gives rise to further perception that the operation is driven by little more than ethnic and religious profiling. The best way to do this is to ensure large-scale security operations are based on clear intelligence, are well thought out and conducted in a humane and balanced manner, that respects human rights, the rule of law and due process.  Evidence-based research conducted by Institute for Security Studies has identified deep-rooted social, political, economic, religious and environmental factors amongst others that contribute to various individuals and groups becoming radicalised.

As a result, counter-terrorism strategies are complex and multidimensional. Therefore, any realistic probe and fight against radicalisation, religious extremism and terrorist activity must surely take into account these factors.

Beyond this security operation, Kenya must go back to the drawing board and work with experts, partners and citizens for a comprehensive policy, multidimensional strategies, and durable solutions to radicalisation and religious extremism that give rise to terrorism.