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I want to suggest that South Africa offers us deeper lessons. To begin with, it calls on us to broaden and deepen our notion of justice. In the era that followed independence, we thought of justice as mainly social justice. Today, we have narrowed down the understanding of justice to criminal justice, with lawyers as its primary custodians.

The negotiations that ended apartheid brought us political justice. That political justice was a reform of the political system – an end to juridical and political apartheid.

The twist in Darfur had to do with relations between peasants and nomads. Nomads have a soft notion of borders. They move across borders. So the British decided that nomads who move over large areas of land shall have no tribal homeland. These were the nomads of northern Darfur, the northern Rizeigat.

How is this relevant to Kenya? Think of the violence in the Rift Valley. The deep background is colonial. The details are different. But the questions are the same: who has right to land? This is not a question of right against wrong, but right against right. In contention are two sets of rights, each with a different history; one colonial, the other post-colonial; one tribal/ethnic, the other national. The perpetrators may be different, but the issues are not so different.

In Kenya, you have had two experiences over the past few decades. The first was the national movement for a constitutional reform. You forged a national coalition, a coalition across ethnic and ideological boundaries. My friend Willy Mutunga called it ‘Constitution-making from the Middle. This attempt at political reform was an exemplary effort, one that inspired the region. But you failed to build on it. Instead, you turned to a contradictory initiative – don’t be vague, go to Hague. The Hague initiative undercut the gains made in the earlier period. Whatever national movement you had built around the constitutional reform process was split along ethnic lines, as each side mobilized in pursuit of revenge, rather than reform, and a different breed of lawyers took over.

Soon after the end of apartheid, its lessons were followed in Mozambique, where Renamo had unleashed the most brutal terror against children and women. It was a practice reminiscent of the kind of terror unleashed by LRA in Uganda. That is where the similarity between Uganda and Mozambique ends. The two governments followed entirely different paths: a political reform in Mozambique, and war and punishment in Uganda. You only need to look at the consequences to appreciate the difference: the war is over in Mozambique where the leadership of Renamo sits in Parliament. The war continues in Uganda where the leadership of LRA is still on the run.

I want to argue that the issue for us today, the big issue, is political violence. This violence is testimony that we have failed to come to grips with the legacy of colonialism – and the challenge of decolonization

The first set of concessions is what Joe Slovo, the Secretary-General of the Communist Party, called sunset clauses. They promised that the personnel of the old apartheid state – including its security forces, judiciary and civil service – would survive into the post-apartheid order. The state personnel were granted impunity. Only the political establishment had to subject itself to an inclusive electoral process. Second, there was constitutional protection for white-owned property; this protection was translated into a local government law. Third, there were no court trials of perpetrators; there was no judicial process. Instead, there was an amnesty for all. The much-lauded TRC really functioned as a mock quasi-judicial process: no matter the quality of the truth offered, it had no choice but to grant amnesty. Apartheid did not end in the courts. Its end was negotiated at the conference table. It could not have been otherwise, for at least one reason.

Perhaps the most instructive is the case of Zimbabwe, where SADCC under Thabo Mbeki successfully resisted demands by the West that the region isolate Zimbabwe through sanctions. The result was to give time for an internal dialogue. Contrast this with Kenya where the ‘international community’ – along with an influential internal constituency – distorted the internal political process by threatening to give priority to court trials. It is of secondary significance whether these trials were to be internal or international.

Gen. Hogg says AFRICOM’s mission is to combat famine and disease. Yet, the AFRICOM-assisted Ethiopian invasion of Somalia in late 2006 led to “the worst humanitarian crisis in Africa – worse than Darfur,” according to United Nations observers. The 2007 humanitarian crisis and the escalating U.S.-directed war against Somalia made the 2010 famine all but inevitable.