Saniamu Ngeywa, LL.M. in International Human Rights Law, University of Groningen, saningeywa gmail.com

Michael Woldeyes, LL.M. in International Human Rights Law, University of Groningen mengistumichael gmail.com

On May 28, 2024, the BBC reported that Kenya’s President William Ruto lifted a ban on muguka - a variety of khat - a week after three county governors from Kenya's coastal region banned its sale and use, citing its harmful effects. The President justified the reversal and supported the sale of muguka, asserting its legality. Surprisingly, he also announced a USD 3.7 million budget to expand khat farming in the country. Ethiopia, Kenya’s northern neighbor, is seeing similar developments. Its largest regional state, Oromia, has already invested USD 20.7 million in building khat trade centers. At the same time, the federal government is working to boost khat exports, notably by lifting a longstanding export restriction against foreign investors.

Khat is a stimulant drug which is banned across the developed world for its health effects. Kenya’s National Authority for the Campaign Against Drug Abuse has also classified the khat variety as a harmful substance based on the stimulants cathinone and cathine found in the plant.[1] While in Ethiopia, the government-owned Public Health Institute recognizes it as one of the risk factors for cardiovascular diseases.^[2]

Concerned about khat's impact on children, Kenyan religious leaders and legislators are calling for regulations.^[3] Similarly, a few regions in Ethiopia, such as Tigray and Benishangul-Gumuz, attempted complete prohibitions, although the efforts were met with limited success.^[4] Despite these concerns and khat’s negative health record, the East African governments have not put in place comprehensive regulations on the use and trade of the drug. In particular, age-restrictive policies and laws that protect children from khat are lacking. Why is this the case? This blog explores the reasons behind these regulatory gaps. It argues for frameworks that aim to reduce the health consequences of khat on children by analyzing the obligations of the governments of Ethiopia and Kenya under the Convention on the Rights of the Child (CRC).

Khat: A golden leaf?

Besides khat’s stimulant purposes, the drug is an important economic commodity for both Ethiopia and Kenya. In Ethiopia, the drug is considered a ‘golden leaf’ due to its role as the country’s second-largest export after coffee, generating millions in foreign exchange and providing livelihoods for millions of farmers. Culturally, it symbolizes hospitality and is traditionally shared at social gatherings, reflecting deep-rooted customs.^[5]

Akin to Ethiopia, khat plays a significant role in Kenya’s economy and traditions. It provides a substantial source of income for farmers and investors alike. The revenue obtained from its grand export value is also used to fund various projects such as infrastructure and social services, proving it to be an essential part of the economy. Furthermore, the substance’s deep cultural roots make it a symbol of hospitality as it is often shared amongst people in social gatherings, a practice that has stemmed from decades-old traditions.^[6]

Given khat's benefits and economic status in the East African States, one can conclude that khat is indeed a golden leaf for the region. As a result, East African governments are reluctant to control the drug, fearing adverse economic and social consequences.[7] Unfortunately, khat consumption is accompanied by health consequences, hence its ban across several States. The growing trade and importance of khat in the region pose significant risks to children, and there are minimal protections afforded to them.

The CRC and the Need for a Regulation to Protect Children

As societies’ most naive and vulnerable, children are at the greatest risk of facing the negative consequences of khat.^[8] Factors such as social and familial involvement in the trade and consumption of khat lead to the introduction of children to the drug.^[9] In Kenya and Ethiopia, khat is becoming prevalent in households, leading to several negative consequences, particularly for women and children. Wives often shoulder the burden of their husband's addiction, as it diverts income away from essential needs and undermines overall financial stability, with men typically serving as breadwinners.^[10] This, ultimately, frequently results in neglect and strain on the family unit.^[11] 

Another major factor contributing to children’s exposure to khat is the absence of strict regulations and age-restrictive policies, which leave them vulnerable to dangers associated with the drug.^[12] In both Kenya and Ethiopia, children are increasingly becoming familiar with khat not only due to inadequate legal safeguards but also because they are involved in the khat trade.^[13] Many children are engaged in the khat value chain, which further normalizes their exposure to the drug.[14]

The prevalence of khat use in Ethiopia and Kenya and children’s exposure to the drug poses considerable risks. The drug’s negative social consequences have a reverberating effect on Kenyan and Ethiopian children who may be easily drawn into using khat at a young age. This vulnerability is heightened by the growing khat trade, family use, and the absence of comprehensive regulations to prevent children’s involvement with the drug. Effective regulation is, therefore, essential to shield children from khat exposure. Without strict regulations, children remain vulnerable to early exposure, whether through familial use or their roles in the khat trade.

The issue of regulation is not merely one of public concern; it is a human rights obligation. Under human rights law, children’s welfare must take precedence over economic interests and traditions, which khat is perceived to uphold.^[15] Accordingly, article 3 of the CRC (on the best interest of the child) asserts that the best interest of the child must be central to any decision concerning them.^[16] In this respect, the Committee on the Rights of the Child (CtCRC) emphasizes in its General Comment No. 14, On the Right of the Child to have His or Her Best Interests Taken as a Primary Consideration, that “the concept of the child’s best interests is aimed at ensuring both the full and effective enjoyment of all the rights recognized in the Convention and the holistic development of the child.”^[17] This protection includes the child’s right to health, which is enshrined under article 24 (1)[18] of the CRC and, according to General Comment 15 of the CtCRC, extends “not only to timely and appropriate prevention, health promotion, curative, rehabilitative and palliative services, but also to a right to grow and develop to their full potential and live in conditions that enable them to attain the highest standard of health.”^[19] Following this framework, it is clear that protecting children’s health requires shielding them from harmful substances like khat. Children must not only be restricted from accessing the drug but must also be protected from other factors that could expose them to it. One of these factors, as mentioned earlier, is the khat trade. In this respect, Article 32 (1) of the CRC further safeguards children from “performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.”

Conclusion

In conclusion, while the socio-economic benefits of khat are acknowledged, they cannot overpower the pressing need to protect children from its harmful effects. As indicated earlier, the Kenyan and Ethiopian governments seem to prioritize economic gains, largely ignoring the consequences of widespread khat use. This approach contravenes human rights principles, particularly the obligation to protect the best interest of the child and the right to health of the child. To protect these rights and safeguard the future of children, it is essential to establish comprehensive and enforceable regulations that restrict the sale of khat to minors entirely. Ultimately, children’s welfare should be paramount and guide the regulatory frameworks that balance economic interests with the rights of the future generation.

[1] See National Authority for the Campaign Against Alcohol and Drug Abuse, National Survey on the Status of Drugs and Substance Use in Kenya 2022 (NACADA, 2022) 3-5.

[2] Ethiopian Public Health Institute, “Effect of Khat on Health and Society: Rapid Evidence Review” (EPHI February 2021) <https://ephi.gov.et/wp-content/uploads/2023/11/Effect-of-Khat-on-Health-1-1.pdf> accessed on 05 September 2024. 

[3] Chari Suche, ‘Clerics Call For Ban Of Miraa/Muguka’ (KNA, 15 May 2024) < https://www.kenyanews.go.ke/clerics-call-for-ban-of-miraa-muguka/> accessed 31 July 2024.

[4] Logan Cochrane and Dacin O’Regan, “Legal Harvest and Illegal Trade: Challenges and Options in Khat Production in Ethiopia”, [2016] 30 International Journal of Drug Policy, 29. See also Kassahun Habtamu     , Solomon Teferra, and Awoke Mihretu, “Exploring the perception of key stakeholders toward khat policy approaches in Ethiopia: a qualitative study” (2023) 2 Harm Reduction Journal, 6.

[5] See Ezikeil Gebissa, “Khat: Is It More Like Coffee or Cocaine? Criminalizing a Commodity, Targeting a Community” (2012) 2 Sociology Mind 2.

[6] Communities in Kenya such as the Meru have been known to utilise Khat, especially in social settings such as dowry negotiations and weddings. This has given it an integral part in culture and the influence has spread through to other communities and to youth in the modern day, solidifying its social aspect. See Neil Carrier, ‘'Miraa Is Cool': The Cultural Importance of Miraa (Khat) for Tigania and Igembe Youth in Kenya’ (2005) 17 (2) Journal of African Cultural Studies 207.

[7] See for example Kassahun Habtamu (n 4), 10.

[8] Thomas H. Kelly, Arit Harvanko, Mark E. Peirce, Abner O. Rayapati, and Catherine A. Martin, “A Biological/Genetic Perspective: The Addicted Brain” in Carl G. Leukefeld and Thomas P. Gullota (eds) “Adolescent Substance Abuse: Evidence Based Approaches to Preventions and Treatment” (2^nd ed, 2018) 41.

[9] Ibid.

[10] See Zerihun Girma GudataI, Logan Cochrane, Gutema Imana, “An assessment of khat consumption habit and its linkage to household economies and work culture: The case of Harar city” (2019) 14 (11) PLoS ONE 13.

[11] Neil Carrier, ‘Is Miraa a Drug?: Categorizing Kenyan Khat’ (2008) 43 (6) Substance Use and Misuse, 807.

[12] See, for example, Rimpela AH and Rainio SU, “The effectiveness of tobacco sales ban to minors: The case of Finland. Tobacco Control” 13 (2) Tobacco Control 2004 71 – 73.

[13] Safari Agure et al, “Schooling in the Midst of Khat Growing, Chewing and Trading” (2019) 9 (2) IOSR Journal of Research and Method in Education 64. Girma Negash Ture, The Education of Children Entangled in Khat Trade in Ethiopia: The Case of Two Khat Market Centers, (2017), 22.

[14] See for example Girma Negash Ture (n 13), 22.

[15] UN General Assembly, Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3 (CRC) article 3 (1).

[16] Ibid.

[17] UN Committee on the Rights of the Child, “General Comment No. 14: On the Right of the Child to have His or Her Best Interests Taken as a Primary Consideration (art. 3, para. 1) (29 May 2013) UN Doc. CRC/C/GC/14 para 4.

[18] Article 24 (1) of the CRC reads “States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services”.

[19] UN Committee on the Rights of the Child, “General Comment No. 15: On the Right of the Child to the Enjoyment of the Highest Attainable Standard of Health” (17 April 2013) CRC/C/GC/15 para 13. para 2.