The power of a flag

By Musyoki Kimanthi

Q: What’s in a flag in international law? It is very common now to hear that pirates have hijacked a US flagged ship or a Yemeni flagged ship and depending on the country’s flag the excitement internationally varies. Coming hot on the heels of the piracy drama is the hoisting of the Ugandan flag on Migingo Island and the seeming provocation of Kenyans by Ugandans by that action.

A: National flags are potent patriotic symbols with varied wide-ranging interpretations. They are commonly used to symbolise a country, but they are also generally used symbolically for signalling or identification. The origin of use of flags lies in pre-historic past.

When people started to live together as communities, they appointed a leader to rule them and settle disputes. As a mark of office, this leader would wear some sort of ceremonial headdress and hold a long decorative staff, rod or spear topped with an ornament or tribal emblem. The staff was also used as a visible sign to rally around or to point out the direction of a march or attack, and was known as a vexilloid.

Between 6000 BC and 3000 BC, the Chinese invented silk which was ideal for making banners and which proved much stronger and lighter than the vexilloids. It was also easier to see from a distance. From ancient China, the use of fabric flags spread to the rest of the world.

During the Middle Ages, flags were used for a variety of purposes including identification of cities, religious worship and for use during battles. In battle, flags were used for identification on the field and relaying of strategic instructions.

From the time of Christopher Columbus onwards, it has been customary and later a legal requirement, for ships to carry flags designating their nationality. These flags eventually evolved into the national flags and maritime flags of today.

Willingness to fight

Flags at sea are particularly important and there are rules and regulations that govern the flying of such flags. A national flag flown at sea is known as an ensign. A courteous, peaceable merchant ship or yacht customarily flies its ensign in the usual ensign position together with the flag of whatever nation it is currently visiting at the mast — known as a courtesy flag.

To fly one’s ensign alone in foreign waters, a foreign port or in the face of a foreign warship traditionally indicates a willingness to fight. Today this custom is still taken seriously by many naval and port authorities and is readily enforced in many parts of the world by boarding, confiscation and other civil penalties.

In civics, hoisting of flags by nations is very symbolic as a way of proclaiming statehood. One of the images that is normally played every time we are being reminded of our independence is the hoisting of the Kenya flag and the lowering of the Union Jack in that cold December night of 1963. The symbolism was that we gained statehood and all the appurtenant rights over the defined territory called Kenya. I, therefore, understand Kenyans’ anger when another country hoists a flag in what they consider their territory. Just like in the sea, this could be construed as a willingness to fight in the event that we are not willing to cede that part of the Kenyan territory.

Having stated the above, however, I do agree with the Government’s position that diplomacy would be the best ammunition (for now), as that is what defines maturity in any dispute resolution.