Chinese tech giant Huawei has sued the U.S. government, arguing that legislation Congress passed last year restricting its business in the United States is “unconstitutional.” 

The case, which analysts see more as a public relations move, is the latest in an intensifying effort by the telecommunications company to fight U.S. security concerns that Huawei argues are unfair and unfounded.

In its lawsuit, Huawei argues that Section 889 of the National Defense Authorization Act violates the constitutional principles of separation of powers and due process. By singling out the company and punishing it without a trial, the company also argues that the law violates the Constitution’s the bill of attainder clause.

Section 889 bans federal agencies and their contractors from purchasing equipment and services from Huawei as well as another Chinese telecom company ZTE. President Donald Trump signed it into law last year.

“This ban is not only unlawful but also harms both Huawei and U.S. consumers,” Huawei’s rotating chairman, Guo Ping, told reporters Thursday in Shenzhen. “This section strips Huawei of its due process, violating the separation of powers principles, breaks U.S. legal traditions, and goes against the very nature of the constitution.”

Guo said that Huawei was left with no choice but to take legal action, noting that neither lawmakers nor the government had shown any proof to date to back up concerns the company is a security concern.

On Thursday, U.S. State Department deputy spokesman Robert Palladino declined to comment on the pending lawsuit, but said the government needs to be vigilant when making procurement decisions. 

“The United States advocates for secure telecom networks and supply chains that are free from suppliers subject to foreign government control or undue influence, which would pose risks of unauthorized access and malicious cyber activity,” said Palladino in response to questions posed by VOA during a briefing. 

“We believe that these risks posed by vendors subject to extrajudicial or unchecked compulsion by foreign states that do not share our values need to be weighed rigorously before making procurement decisions on these technologies,” he added.

Huawei’s chief legal officer, Song Liuping, said the company has no choice but to defend itself and try to clear its name.

“Section 889 is based on numerous false, unproven, and untested propositions. Contrary to the statutes’ premise, Huawei is not owned, controlled, or influenced by the Chinese government,” Song said.

That, however, is a central point of the debate over Huawei: how much a security threat the company is? And is it really independent from China’s authoritarian government?

That debate is heating up at a crucial time as countries across the globe are preparing to roll out next generation mobile communications networks or 5G, an area where Huawei is a global leader.

At the press conference, Huawei officials argued repeatedly that the ban would cut off Americans from its advanced technology. They also gave assurances again that the company would never install backdoors into their equipment and that it puts the security concerns of its customers first.

Some countries, including the United States, Australia, and New Zealand believe Huawei is a security threat and have already banned the company from their roll outs of next generation mobile communications networks.

Others, including Britain, Canada, and Germany, are still weighing a decision. At the same time, Huawei chief financial officer Meng Wanzhou is in Canadian custody and is facing extradition to the United States to face charges of alleged violations of U.S. sanctions on Iran.

With Huawei fighting a battle on multiple fronts, the lawsuit is as much about public relations as it is an effort to clear itself of accusations that it is a security threat.

Legal analysts said it is unlikely the case will even go to trial.

“As a PR matter, this is brilliant, the fact that we are just talking about this now, tells you this is a great PR move, as a legal matter, this is a reach, to put it charitably,” said law professor David Law      of Washington University in St. Louis and the University of Hong Kong. “I just can’t see how a federal district judge in Texas is going to let this go to trial much less hand Huawei a win.”

The case could put more pressure on the U.S. government to disclose more evidence to support its claims about the alleged security threat the company poses, according to some legal analysts. That could help Huawei in the process, said the Taiwan Bar Association’s Calvin Yang.

“I think this is a move that carries more political weight than any litigation significance,” Yang said, adding that the company’s case was more about challenging the legitimacy of U.S. accusations. “It’s using judicial procedure to force the federal government to provide more evidence to support its allegations of so-called backdoors in Huawei’s equipment.”

Some legal analysts have noted that Huawei’s case is similar to the legal battle Russian cybersecurity firm Kaspersky lost late last year. Kaspersky challenged a ban on the use of its software on U.S. government networks. A U.S. federal appeals court ruled in the government’s favor in November.

Whether that will figure into the Huawei case if it goes to trial is too early to tell, legal analysts note.

When it comes to national security concerns, they add that courts are unlikely to probe too deeply into those questions.

VOA State Department Correspondent Nike Ching and Kenneth Schwartz contributed to this report.
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On a recent Sunday afternoon, thousands of shoppers crowded the hallways and stores of the Citygate Outlets shopping mall in Tung Chung, one of Hong Kong’s new town developments just a short train ride from the airport.

Some visitors had recently arrived by plane, wheeling luggage with baggage claim tags, although thousands more came for short trips by bus over the newly opened 34-mile mega bridge connecting Tung Chung with Macau, another semi-autonomous Chinese city, and Zhuhai in mainland China.

Many of the bridge tourists arrive in large groups with the help of tour bus operators, like Akira Liu from Foshan in southern China, who had ferried a group of 30 across the bridge to Tung Chung for the day.

“Many of our tourists just want to cross the bridge and see the bridge, since our groups consists mostly of old people,” she said.

While Citygate Outlets has long been popular with visitors, the mall and other areas around Tung Chung became the latest political flashpoint in Hong Kong late last year as tourist numbers surged following the opening of the bridge. More than 1 million people crossed the bridge in November alone, according to figures from the Census and Statistics Department, although it fell to around 740,000 last month.

​Tourists taking over

The government has welcomed the arrival of these new visitors with open arms, but for many residents, the city seems to be suffering from the same curse as other global tourism hotspots like Edinburgh and Venice: too many visitors taking over the city.

In places like Tung Chung, a residential neighborhood of large apartment blocks once valued for its quiet, many residents were simply unprepared for the new influx, with visitors swamping spots popular with residents like pharmacies and restaurants in addition to shopping malls.

“The daily lives of Tung Chung residents have been greatly affected,” Louis Poon, a community officer with the pro-establishment political group Roundtable said via email. “They are plagued by overcrowding, littering and long queues. For example, shops are so crowded with tourists, who sit everywhere … also it is hard to even walk past the shopping center. Most public areas are taken by the tourists.”

Roundtable is not the only group that has been vocal about overcrowding. Following a number of protests and public outcry over Tung Chung, the Guangdong and Hong Kong governments have pledged to crack down on illegal tours, according to the Tourism Bureau, while new shops are being set up on one of the bridge’s artificial islands to offset demand across the border.

​Tourist dollars add up

But the government has not taken measures to curb citywide tourism, which hit 65 million visitors last year in an area roughly the size of metropolitan New York. The visitors, the vast majority of whom come from China, bring in billions in revenue, roughly $38 billion in 2017, and tourism-related activities employ around 800,000 people, according to Tourism Board figures.

Overcrowding, however, has become a constant complaint beyond Tung Chung, particularly during China’s “golden week” holidays, when most of the nation goes on vacation for a week three times a year.

During the summer months, as well, local media often carry complaints of Chinese tourists flooding beach campsites and sports programs to the irritation of locals, with many paying “tour groups” like Ctrip in the mainland for the privilege of using Hong Kong’s public facilities.

Further anti-Chinese feelings have arisen in some sectors of Hong Kong, particularly among the pro-democracy camp, for what it sees as Beijing’s political and legal encroachment on the former British colony, which was promised autonomy until 2047 when it returned to Chinese sovereignty.

Resentment at the growing tide of Chinese visitors has not gone unnoticed. Citygate shopper Benny Xu from Shanghai said while she has been regularly visiting Hong Kong for a decade, she has noticed a change in treatment in the past three years, particularly when she speaks Mandarin in lieu of the local language, Cantonese.

“Over 10 years ago, they were very warm, but now it’s a little bit changed. Some attitudes are not so good,” she said. “In the shops or restaurants and some public areas, they are not offering to speak Mandarin, they just speak Cantonese or English. If I spoke Mandarin, they are a little bit rude.”
…

Marin Mendez leaned a shoulder into his rusty Chevy Malibu rolling it forward each time the line of cars inched closer to the pump. Waiting hours to fill up, he says, is the high cost he pays for gasoline that’s nearly free in socialist Venezuela.

“You line up to get your pension, line up to buy food, line up to pump your gas,” an exasperated Mendez said after 40 minutes of waiting in the sweltering heat in Maracaibo — ironically the center of the country’s oil industry — and expecting to be there hours or days more. “I’ve had enough!”

Lines stretching a mile (1.6 kilometers) or more to fuel up have plagued this western region of Venezuela for years — despite the country’s status as holder of the world’s largest oil reserves. Now, shortages threaten to spread countrywide as supplies of petrol become even scarcer amid a raging struggle over political control of Venezuela. 

The Trump administration hit Venezuela’s state-run oil firm PDVSA with sanctions in late January in a sweeping strategy aimed at forcing President Nicolas Maduro from power in favor of opposition leader Juan Guaido. 

Doomsday predictions immediately followed — mostly fueled by Maduro’s opponents and U.S. officials — that Venezuela’s domestic gasoline supplies would last no more than a week or so. That hasn’t happened yet, but more misery is feared as expected shortages have economic implications far beyond longer gas lines, turning Venezuela’s crisis to a catastrophe.

“Crucially, it will lead to more shortages of food and basic goods,” said Diego Moya-Ocampos, a Venezuela analyst with the London-based consulting firm IHS Global Insight. 

That’s because the vast oil reserves that once made Venezuela Latin America’s wealthiest country provide the primary source of the hard currency it needs to import food and other goods. Today, its basic infrastructure — roads, power grid, water lines and oil refineries — is crumbling. Food and medicine, nearly all of it imported, are scarce and expensive as Venezuela endures the world’s highest inflation. 

Critics blame Venezuela’s collapse on the government’s two decades of self-proclaimed “socialist revolution,” which has been marred by corruption and mismanagement, first under the late Hugo Chavez and now under Maduro’s rule. 

The U.S. sanctions essentially cut PDVSA off from its Houston-based subsidiary Citgo, depriving it of $11 billion in hard currency from exports this year that U.S. officials say bankrolled Maduro’s “dictatorship.” U.S. officials have turned control of Citgo over to Guaido’s interim government, essentially expropriating the company, a strategy Venezuela’s socialist government employed for years by seizing private companies. 

Opposition leaders bent on ousting Maduro say they recognize the U.S. crackdown on the oil sector will be painful for their people, but add that the measures are necessary to keep Maduro’s government from further looting Venezuelan resources. 

Meanwhile, a defiant Maduro says the economic war led by the White House is a precursor to a military invasion to oust him from power and seize Venezuela’s vast oil wealth. Maduro tweeted a warning on Wednesday that nobody should be fooled by apparent gestures of assistance, alluding to tons of U.S. humanitarian aid he recently blocked from entering.

“The Venezuelan opposition and the U.S. government don’t want to help the country,” Maduro said. “Just the opposite. They crave our natural resources. They want to unleash ‘The Oil War’ to invade and dominate our homeland.”

Despite years of economic decline leading to Venezuela’s current crisis, residents enjoy some of the world’s cheapest gasoline — filling up a tank for less than a penny. But gas is already hard to get in Maracaibo and other cities along the Colombian border, where smugglers sneak Venezuela’s dirt-cheap fuel into the neighboring country, selling it at international prices for a quick profit. 

Ixchel Castro, a Mexico City-based analyst at the Wood Mackenzie energy research firm, said Venezuela’s domestic gasoline supply has been down by as much as 15 percent in recent years as the country’s refineries and infrastructure fail — a trend that is expected to accelerate.

PDVSA provided 160,000 barrels a day for domestic use last year, but with the U.S. sanctions and ongoing infrastructure challenges, that supply can be expected to fall to 60,000 barrels a day, she said, meeting just 38 percent of the country’s needs.

Exacerbating the problem are shortages of diluent, a critical product needed to thin Venezuela’s tar-like heavy crude so it can be piped over 100 miles (160 kilometers) from the field to be turned into gasoline. Russia has stepped in, sending two tankers of the thinner, but these supplies will last just five to 10 days, said Russ Dallen, managing partner of Caracas Capital, a brokerage company.

“It’s nothing,” he said. “It’s a drop in the bucket of what they need.”

Gasoline won’t completely dry up in Venezuela, which still has access to waning domestic production, as well as fuel in storage and shipments from India and European countries that aren’t subject to sanctions. But the fuel quality will suffer and there will be shortages, Castro said.

These are already being felt in San Cristobal near the Colombian border, where 55-year-old mechanic Gerardo Marquez said he got in line one recent Monday afternoon. On Tuesday the gas truck didn’t show up as promised, and on Wednesday he was still there after spending two nights with his car. 

Relatives did bring him food, water and a pillow, and gave him a chance to get away for bathroom breaks, he said. But he barely napped. “We’re all on guard so they don’t rob us,” he said. 

In Maracaibo, once known as the Saudi Arabia of Venezuela as a center of the country’s oil boom, residents have endured shortages for at least three years. Trucks to deliver the fuel are too few and daily power failures compound the problem, leaving gas pumps idle. Just two of Maracaibo’s 150 gas stations have generators to provide gas during rampant blackouts.

Fed up with waiting in lines, the 62-year-old Marin said he plans to start hoarding gas at home, despite the danger the explosive fuel poses to his wife, children and grandchildren. He relies on his car for his part-time job ferrying paying customers to supplement his modest $6-a-month pension checks. 

“My grandchildren don’t know what it’s like to eat a piece of meat or bit of chicken,” he said.

In the capital, Caracas, residents brace for shortages like these to finally hit them. The metropolitan area of 7 million people has so far been immune to frustrating gas lines. 

But an attendant at a PDVSA station sees them coming, recounting how a customer filled up his car then returned a few minutes later with an empty tank. He’d siphoned his tank to get around a government ban on filling up gas cans to crack down on smugglers. 

“Most Venezuelans have no idea of the magnitude of what is coming,” said Caracas taxi driver Jhaims Bastidas, waiting to fill up. “I imagine it’ll go beyond gasoline shortages to food and medicine — even worse than we have it now.”
…

Celebrity chef Mario Batali on Wednesday said he had cut ties with his U.S. restaurants after being accused of sexual harassment by multiple women.

Batali has sold his shares in the 16-restaurant operation, including Babbo and Del Posto in New York, to former partners Tanya Bastianich Manuali and her brother, Joe Bastianich, he said.

“I have reached an agreement with Joe and no longer have any stake in the restaurants we built together. I wish him the best of luck in the future,” Batali said in a statement from his representative, Risa Heller.

He is also selling his stake in the Eataly market and restaurant complex, according to a report in The New York Times, citing Eataly spokesman Chris Giglio.

Representatives for Eataly did not immediately respond to requests for comment.

The New York Police Department last year opened a criminal investigation into an accusation that Batali drugged and sexually assaulted an employee in 2005, following a CBS “60 Minutes” report on the allegations that aired in May 2018.

Batali at the time denied the report, and the NYPD closed its investigation in January without charges, according to local news media.

Batali’s charisma and culinary flair turned him into a restaurant executive, television star, author and one of the world’s most recognizable chefs. He premiered on Food Network in 1997 on the show “Molto Mario” and in 2011 helped launch “The Chew” on ABC.

He is among dozens of high-profile men who have been fired or resigned from their jobs in politics, entertainment and business after facing allegations of sexually harassing or assaulting women and men.

Before the “60 Minutes” report, online food trade publication Eater New York reported that four women, who were not identified, said the chef had touched them inappropriately in a pattern of behavior that spanned at least two decades. Three worked for the chef.

Following those allegations, ABC Television Network fired Batali in December from “The Chew.” The Food Network also canceled plans to relaunch “Molto Mario.”

In a previous statement, Batali admitted to those allegations, stating that the claims “match up with ways I have acted.” He apologized and had stepped away from the restaurant company B&B Hospitality Group, which the Bastianich family owns.

Representatives of the Bastianich family did not immediately respond to requests for comment on Wednesday.
…

U.S. officials have warned at an energy conference in Brussels that the Trump administration will take punitive action against European companies that are building the Kremlin-favored Nord Stream 2 natural gas pipeline, which will deliver energy from Russia to Germany while bypassing Ukraine.

Nord Stream 2 (NS2) will largely replace an older pipeline running through Ukraine and Poland that has the backing of the German government. But it is prompting the alarm of Central European governments, increasingly infuriated with Berlin’s dismissal of their concerns.

They object to Nord Stream 2 — which will run 1,200 kilometers from Vyborg, Russia, to Lubmin, Germany, and snake under the Baltic Sea — not only because they’ll lose lucrative transit fees from the older pipeline, but because they fear the Kremlin wants to develop NS2 largely for political reasons, not commercial ones.

Speaking at the energy conference in the Belgian capital, Nicole Gibson, deputy director of the U.S. State Department’s office for Europe, warned that if European companies resume laying pipe later this year they “risk significant sanctions.”

Declining to go into any details about the threatened sanctions, Gibson said Washington doesn’t accept that Nord Stream 2 is a done deal. “Some people say it is a fait accompli that Nord Stream 2 will be done. We don’t see it that way… We call on European leaders to make sure Nord Stream 2 is not implemented,” she said.

Ukrainian leader Petro Poroshenko has warned that NS2 would allow the Kremlin to switch off gas to Ukraine and Central Europe when it wants to blackmail its nearer neighbors without disrupting supplies to Western Europe, lessening likely push back from the more powerful European countries while it toys with weaker ones.

Her high-profile warning, upping the political stakes, comes two months after Richard Grenell, the U.S. envoy to Germany, sent letters to dozens of European construction and energy companies saying they face sanctions if they resume in the spring the laying of NS2’s concrete-coated steel pipes. Construction work was suspended in December because of winter weather.

Washington’s opposition to Nord Stream 2 has been consistent — the Obama administration also was critical.

U.S. President Donald Trump’s opposition has a harder edge, however, with officials seeing a dark political menace behind the new pipeline. They argue NS2 will undermine European security, deepen Western Europe’s dependence on Russian energy and give the Kremlin a greater opportunity to use natural-gas supplies to exert political influence and blackmail Western European governments.

Nord Stream 2, which will be owned by the Kremlin-directed energy giant Gazprom, would double the capacity of Russian gas delivered to Germany, the European Union’s most powerful economy. NS2 will cost billions of dollars to build. Russia currently supplies more than one-third of the natural gas Europe uses, though with demand increasing, that could reach closer to 50 percent next decade, forecast energy industry experts.

Last July, during his visit to the annual summit of NATO allies in Brussels, President Trump expressed his frustration with German Chancellor Angela Merkel over the Russia-to-Germany undersea pipeline, saying, “We’re supposed to protect you from Russia, but Germany is making pipeline deals with Russia. You tell me if that’s appropriate. Explain that.”

But Merkel has dug in amid pressure from Germany businesses, which say NS2 will slash their energy costs. The German Chancellor also appears to be distancing herself from a promise she made last year to Central European leaders when she acknowledged for the first time allies’ geopolitical concerns, saying NS2 could proceed only if Ukraine’s role as a transit country for Russian gas also was protected.

Germany, along with NS2 transit countries Finland, Sweden and Denmark, counter-argue the pipeline will increase Europe’s energy security by avoiding potential cutoffs from the more politically volatile Ukrainian route. Washington believes the pipeline also is a Russian bid to hurt Ukraine economically by stripping it of gas transit fees.

Ukrainian officials estimate their losses from Nord Stream 2 will be high, running at about $2.5 billion a year.

“When Nord Stream 2 is finished this year, there will be no need to use the Ukrainian gas transit system,” Yuriy Vitrenko, managing director of Ukraine’s Naftogaz, a state-owned oil and gas company, told the Brussels conference. “Ukraine will lose approximately 4 percent of GDP,” he added.

Kremlin officials say Washington wants to stop NS2 because U.S. energy giants are hoping to export surplus shale gas to Europe as liquified natural gas (LNG). U.S. officials have made no secret of their hopes that American energy firms will be able to profit from a halt to NS2, but say that isn’t the major reason for their objections to the pipeline.

U.S. officials’ alarm about NS2 is echoed by European security officials. NATO’s former head, Anders Fogh Rasmussen, has described Nord Stream 2 as a “geopolitical mistake” for the EU, saying it would make a mockery of EU sanctions on Russia for its 2014 annexation of Crimea.
…

In Zimbabwe, the high cost of bread is forcing citizens to look for alternatives to this basic commodity as food shortages and soaring prices continue to worsen. Columbus Mavhunga reports for VOA from Harare.
…

Leaders of Mexico’s agricultural sector are urging “mirror measures” on U.S. farm imports in politically sensitive products such as yellow corn and poultry, in an effort they argue would counter decades of subsidized imports from the United States.

The three-month-old government of President Andres Manuel Lopez Obrador is currently working on an updated list of products imported from its northern neighbor on which to possibly apply a second round of tariffs in response to U.S. measures imposed on Mexican steel and aluminum by the Trump administration last year.

Last June, Mexico imposed tariffs of between 15 and 25 percent on steel products and other U.S. goods, in retaliation for the tariffs applied on the Mexican metals imports that Trump imposed citing national security concerns.

Mexico’s Deputy Minister for Foreign Trade Luz Maria de la Mora told Reuters last week that Mexico is reviewing the list of U.S. products to which former President Enrique Peña Nieto applied reprisals. She said a new list would be set by the end of April if the United States has not withdrawn tariffs on Mexican steel and aluminum before then.

“Yes, there is the lobby, and yes we agree that a mirror policy applies,” Bosco de la Vega, head of Mexico’s National Farm Council, told reporters on Tuesday when asked if Mexican farmers are pushing to include specific U.S. grains, chicken and beef products in the new list.

“The Mexican government knows that the U.S. agricultural sector is what hurts the United States’ government the most,” said de la Vega, pointedly noting that American farmers constitute “President Donald’s hard-core base.”

He said Mexican grains farmers have been “the big losers” during decades of liberalized agricultural trade with the United States.

Lopez Obrador, who took office in December, has pledged to make Mexico self-sufficient in key farm products in which U.S. imports have grown dramatically over the past couple decades, including yellow corn, used mostly by Mexico’s livestock sector.

De la Vega comments largely echo those of senior Lopez Obrador agricultural officials.

“Over the past 25 years, the government allowed corn, wheat, sorghum, soy, milk and other products to be imported below production costs,” said Victor Suarez, a deputy agricultural minister.

Suarez added the long-standing policy of previous Mexican governments to allow heavily subsidized U.S. farm products has not yielded lower prices for consumers and should be replaced by a more protectionist policy.
…

It is Friday morning, and the southeastern fringe of Kibera slum comes alive as teams of women and youngsters converge on the edge of the Nairobi dam.

There, on its northern perimeter, some rake and pile garbage for collection while others plant saplings on cleared terrain.

Known as riparian land, the area they are planting is the strip adjacent to the dam that can absorb flooding. Under Kenyan law, this is public land and it may not be built on.

Their work might look like simple civic pride, but something more is going on: This is a message to developers who might want this unused land for themselves.

“Nairobi dam’s riparian land is not for grabbing,” said Yohana Gikaara, the founder of Kibera 7 Kids, a non-profit that works with young people in the slum.

Forty years ago, this shore was underwater and safe from land-grabbers, he said. At that time, the dam was a popular recreation site for residents of Kenya’s capital.

But years of siltation due to human encroachment and the dumping of waste saw the waters recede. Over that time the dam’s main water source — the Motoine River — was choked by garbage, leaving it just a thread of slimy effluent.

Today, of the original 88 acres the dam once occupied, only a chunk of water about half the size of a football pitch remains, said Gikaara.

Given that land near the dam is worth about 80 million Kenyan shillings ($800,000) an acre, the attractions for developers are clear.

Kibera residents like Gikaara fear the 30 acres of riparian land, and perhaps even the remainder of the dam itself, could disappear thanks to the booming property development industry.

“No one knows when [developers] strike,” he said. “You wake up one morning and find earth-movers in the neighborhood, and that is when you know you or your neighbor will soon be homeless.”

​Wrecking ball

Apartment blocks sprung up in 2014 on the dam’s southeastern flank and, in 2017, greenhouses began popping up too. That prompted non-profits in Kibera to raise the alarm.

Last year, the National Environment Management Authority (NEMA) ordered the apartments to be demolished — because, said David Ong’are, the government body’s director in charge of compliance and enforcement, they had been built illegally on riparian land.

Any building near a water body must be between six and 30 meters from the high-water mark, depending on the type of water course, he said.

“The buildings that have breached this threshold at the Nairobi dam are going to be demolished,” Ong’are told Reuters in an interview, adding that some developers had filed court cases in an effort to halt that.

On’gare said more than 4,000 buildings built on riparian land in Nairobi had been earmarked for demolition to date.

One prominent site demolished last year was the South End Mall, which NEMA ordered flattened after ruling it had been built over a section of the Moitone River’s course, he said.

Pollution solutions

In January, Gikaara worked with lobby groups to oppose plans by a parliamentary committee to fill in the rest of the dam — ostensibly as a way to deal with the issue of pollution.

But, said local resident James Makusa, that was simply a ruse cloaked in the name of rehabilitating the dam.

“The real motive is to prepare the ground for property development,” said Makusa, who makes a living by scooping sediment from the Motoine River and selling it to construction sites.

Makusa views his job of clearing the river of sediment as a form of environmental conservation — a better way to rehabilitate the dam, and preferable to filling it with soil.

Mary Najoli, who heads the Shikanisha Akili Women’s Group, suggested another use that would protect the land. Her group, whose name translates as “using your imagination,” makes beadwork from recycled waste collected in Kibera.

But like many others in informal settlements, they lack a permanent venue from where to sell their wares.

“We would like to be allocated [a small area of] the dam’s land as a place where we can display and sell our beadwork. In return, we will ensure that the environment is clean and watch out for illegal encroachment,” she said.

​That might happen, said local MP Nixon Korir, whose constituency includes the dam.

However, he said, the process of reclaiming the land must be finished first: that includes clearing waste and ensuring the planted trees can sustain themselves.

Korir said the reclamation process, which started last year, was designed to benefit Kibera’s residents.

“The rehabilitated riparian land will be turned into a tourism site that can bring revenue and create employment,” he said.

Brighter future?

Juliette Biao Koudenoukpo, the director of the Africa office at the United Nations Environment Program (UNEP), said Kibera residents were best-suited to keep Nairobi dam clean and safe.

“The people do not have any other alternative but staying where they are and caring for the dam because there is need to restore life here in Kibera through restoration of this dam and its ecosystem,” she said.

She blamed Kibera’s waste problem on poor urban planning, which meant open spaces had become dumping grounds — including the dam’s shores.

Meantime, some view the issue of pollution as a silver lining — among them is Ian Araka of the Foundation of Hope youth group, which combines garbage collection in Kibera with art, drama, traditional dance and poetry.

His 60-strong group has partnered with ASTICOM K Ltd., a social enterprise that is building a recycling factory in Kibera. He said the aim is to supply solid waste collected from the slum to the factory on a contractual basis.

Some will be collected from the dam’s riparian land, and there are plans to recycle polluted water for use by small businesses in the slum, such as car washes and sanitation services, he said.

“This project is going to unite and equip us with a voice to not only be able to chase land-grabbers away, but also invite developers to do something constructive with us,” Araka said.
…