Tuesday, December 16, 2008

DOES POWER ALWAYS BELONG TO THE PEOPLE?

By Mutabazi Sam Stewart
No single debate or analysis can claim to exhaustively discuss all the facets of democracy, especially in Africa. Different countries still lack the conceptual clarity that clouds the understanding of democracy either by default or design. However there is the general standard of quality minimum requirement especially with regard to the respect for the rule of law. One idea that has come to the fore as part of the debate about third term for President Yoweri Museveni is the concept that Power belongs to the people and they have the right to choose how to be governed including changing the constitution at the sound of the whistle. This may be being a little bit unfair.

The state in which this country is in requires knowledge and understanding of how different processes in sustained democratic governance and rule of law are capable of furthering peace and security in future. Sustainable democratic governance depends upon a legal system that protects both majority and minority interests. Radical changes in laws and especially the constitution, which is the supreme law, need a great deal of justification. From the point of view of the level of development and democracy in our country, limitless terms are very undesirable. The argument that some Western democracies do not have term limits is only counter productive but it is also unrealistic because Uganda has not achieved self supporting institutions like those in the developed world that are able to dispense their duties accordingly, without any political interference.

Referenda have always been used to settle contentious issues throughout the world. However not every issue where public opinion is divided must be referred to a referendum. Although power belongs to the people, the same people must live and act according to the laws, which they themselves or their representatives made. A key determinant for successful democratic consolidation is the ability of democratically elected governments to guarantee the rule of law. And good laws are those that last. It is usually not what people believe per se which will shape the future of our democracy but what they do or do not do according to the existing laws. In many developing countries including Uganda, the very desire to demonstrate that democracy works even in poor countries should serve as a major motive towards the establishment of structures and institutions that are responsible and capable of defending constitutionalism.

As I have already noted, not every issue where public opinion is divided must be put to referenda. There must be special arrangements to ensure that the constitution has a way of protecting itself from abuse and distortion from unscrupulous leaders that are always eager to change it at the slightest opportunity to serve their selfish needs.

Those who are conversant with the way in which resolutions are adopted in most conferences and meetings will not fail to appreciate the fact that in majority of cases, the initiative is often taken by the bureaucrats at the top, who make good their vintage positions to influence the majority in adopting such decisions however unpopular they may be. Naturally, I will be forgiven for assuming that the impending amendment of the constitution to allow limitless terms is an initiative of some people who are reflecting that the demands are from the people of Uganda through the common slogan “power belongs to the people”. Perhaps the only difference is that the initiators of changing the constitution lack the courage to declare publicly that they are both the direct and indirect beneficiaries. The agitation for limitless terms is no more that mere intellectual exercise with little relevance to the realities of our country. There is no evidence yet to suggest that two five-year term is bad because it has not been tested. Therefore, the discussion is not about an accepted principle but what one can easily call manipulative gamble. It is fundamental that future constitutional designs must ensure powerful political actors do not use their offices to sway and influence public opinion about what people want or do not want under the guise of “power belongs to the people” phenomenon. This is however not to say that people can not use their power to determine what they feel is best for them. The case of Madagascar where people demonstrated in favour of President Ravalomanana is an example of people’s power. For Ugandans to allow the amendment of the constitution is to believe that the same constitution is not supreme and is just a mere document that can be respected only in times when it is in agreement with the wishes of the President.

Monday, December 1, 2008

SWITCHING ROLES IN PURSUIT OF DEMOCRACY IN UGANDA; THE PERFORMANCE OF CIVIL SOCIETY & MEDIA IN THE ABSENCE OF POLITICAL OPPOSITION

Itroduction
More than twenty years of inhibition of activities of political parties in Uganda has had a great impact on their performance. It is more than two years after they were allowed to organize but their impact as vibrant political opposition is yet to be felt. In the absence of vibrant political opposition in Uganda two important actors took the position of highlighting the excesses and failures of government, a role that would ordinarily be played by political parties or opposition. The media and civil society Organizations (NGOs) have been instrumental in shaping public opinion and rallying the masses about the shortcomings of President Yoweri Museveni’s government. Even after the introduction of multiparty democracy in 2005, civil society continues to wield a lot of influence in determining the political trend of the country.

The growth in political party strength after the re introduction of multiparty democracy has generally tended to be positive. Though political space is not duly competitive especially due to deliberate restrictive government maneuvers, it is anticipated that more gains will be realized as the public embraces multiparty democracy and shuns individual merit system. In this paper we analyze how civil society and media have shaped the political trend in Uganda in the absence of opposition. We compare government and peoples attitudes towards multiparty democracy and explore how the transformations after introduction of multiparty system are influencing institutional development and democratic governance in Uganda. The paper constructs and defends a blended analytical approach to evaluation of attempts by political parties to fight for increased space. It takes a historical as well as current approach in analyzing the trend of events in Uganda’s movement in the democratic path up what it has achieved so far.

Genesis of Multiparty Democracy in Uganda
In 1967, Uganda got Republican constitution, which maintained a multi-party system of Government. The Constitution stipulated that after a general election, the Party with greatest numerical strength of the elected members would form the government. Further, under the Constitution, members of the National Assembly were deemed to have been elected for another term of five years. Parliament under the Republican Constitution was the Second Parliament of Uganda. The elections provided for under this new Constitution were never held due to the military coup which took place in January 1971. From 1971 to 1979 the Uganda Parliament was in abeyance, having been suspended by Field Marshal Idi Amin Dada, the then military leader.
Following the overthrow of the military regime in 1979, Uganda got an Interim Parliament known as the National Consultative Council. It was initially composed of 30 members who were elected at Moshi, Tanzania, but was later in 1979 expanded to 120 members. The Interim Parliament continued to be the Supreme Legislative Body until the general elections that were held in 1980. This was the Third Parliament of the Republic of Uganda.
When the NRM usurped power in 1986, they introduced a quasi parliament mainly consisting of ministers and NRA apologists. In February 1989, new legislation recognized the appointments of the original thirty-eight members of the NRC and provided for the enlargement of the NRC through the election and appointment of additional members. Each county and each district would elect one representative (only women could be candidates for district representative). In addition, one or more of the representatives would be elected by municipalities, depending upon the size of their populations. The original parliamentary representatives were legitimized by their participation in the guerrilla struggle, not by elections. Though political figures that had not been part of the NRM or NRA during the war were later appointed to the NRC and in 1989 elected to it, the original NRC members continued to occupy a privileged position. They did not have to stand for election to the NRC. In addition, their special status was formalized in February 1989 with the creation of the National Executive Committee (NEC), a standing committee of the NRC, to contain these original members plus one elected member from each district and ten members appointed by the chair of the NRC from among its members. The NRC was later to transform into the Constituent Assembly (CA) that formulated the 1995 constitution. In 1996 a fresh parliament was constituted under the newly promulgated constitution that barred individuals from contesting for office on political party platform. The restriction of political party activities was therefore achieved at this stage in a semi-legal fashion. Though unacceptably and unfathomably inconceivable especially in the eyes of international legal instruments, this obnoxious law was to be applied to all political opposition in Uganda for the next ten years or so in spite of strong resistance from both within and outside the country.
A referendum was held in March 2000 on whether Uganda should retain the Movement system, with limited operation of political parties, or adopt multi-party politics. Although 70% of voters endorsed retention of the Movement system, the referendum was widely criticized for low voter turnout and unfair restrictions on Movement opponents. Museveni was re-elected to a second five-year term in March 2001. Parliamentary elections were held in June 2001, and more than 50% of contested seats were won by newcomers. Movement supporters nevertheless remained in firm control of the legislative branch. Observers believed that the 2001 presidential and parliamentary elections generally reflected the will of the electorate; however, both were marred by serious irregularities, particularly in the period leading up to the elections, such as restrictions on political party activities, incidents of violence, voter intimidation, and fraud.
The Movement Political System
By legal Notice No.1 of 1986, the NRM, which formally suspended party activity, amended the 1967 Constitution and among other things vested the NRC with supreme authority of the Government and in particular, the legislative powers of the legislature. In essence individual merit system introduced in earnest at this particular time. Unlike multiparty democracy which brings together people of the same leaning wishing to achieve a common goal, the movement system allowed individuals to offer varied opinions and ideas about different aspirations which makes cohesion at group level to become totally disunited. In simple terms, the movement system can never promote or consolidate patriotism because there are no common goals under this so called system of governance.

The Movement political system was defined as broad-based, inclusive and nonpartisan with the following principles:
(a) Participatory democracy;
(b) Democracy, accountability and transparency;
(c) Accessibility to all positions of leadership by all citizens;
(d) Individual merit as a basis for election to political offices.

The person who benefited most from the movement system was President Yoweri Museveni who became larger than the system itself. The system made him too powerful than any other institution or groups of people and he liked the status quo to remain since this would guarantee his stay in power. One of the greatest weaknesses of individual merit system is that it effectively divides the population since individual politicians fight to outshine each other for recognition by the population and the president who rules like a king. Recent research in public opinion suggests that citizens do not have fixed issue positions. Each citizen has a range of views, not a single fixed one. As a consequence, persuasive communication can be highly relevant. Much depends then on the role of the parties in persuading potential voters. Particularly if a person has little prior information, then information reaching him will have a large effect. (Tjitske Akkerman 2003)

Regulation of Political Organizations
Political party activities were restricted by article 269 which stated that:
On the commencement of this Constitution and until Parliament makes laws regulating the activities of political organizations in accordance with article 73 of this Constitution, political activities may continue except-
(a) Opening and operating branch offices;(b) holding delegates’ conference;(c) holding public rallies;(d) sponsoring or offering a platform to or in any way campaigning for or against a candidate for any public elections;(e) carrying on any activities that may interfere with the movement political system for the time being in force.

Article 269 was clearly not in consonance with article 29 (a, b, d, and e) which states that
29. (1) Every person shall have the right to-(a) freedom of speech and expression, which shall include freedom of the press and other media;(b) freedom of thought, conscience and belief which shall include academic freedom in institutions of learning;(d) freedom to assemble and to demonstrate together with others peacefully and unarmed and to petition; and(e) freedom of association which shall include the freedom to form and join associations or unions, including trade unions and political and other civic organizations.
Whereas Article 75 says Parliament shall have no power to enact a law establishing a one-party state, many people have argued that the movement was nothing else other than a political party that sought to legitimize itself using ambiguous laws. It managed keep political parties in abeyance for twenty years because it was acting in a semi-legal fashion. In real terms political parties, as they are known world wide are supposed to recruit members, open branches, address rallies and field candidates. Other people have argued that President Yoweri Museveni would have completely banned political parties in Uganda had it not been the fear that this would attract too much condemnation from the west. Although parties were recognized in the constitution, they did not serve any purpose being constantly referred to in name. in effect the NRM government managed to rule Uganda without any opposition, not because there was non but because the state used its might to make the purpose of opposition appear irrelevant and less useful. To date president Yoweri Museveni still thinks that the NRM has been the best thing that ever occurred to Uganda as a country and that it has not and will not make any mistake that can warrant the opposition to point them out.

If ordinary citizens cannot exert a relatively high degree of control over leaders, then the minimal threshold of democracy has not been reached in Sub Saharan. As Robert Dahl has written, Africa is a place where demand for democracy exceeds supply. Presidents are shifting power away from the people and other arms of government. Larry Diamond contends that the political struggle in Africa remains very much a conflict between the rule of law and the rule of a person. Posner and Young point to incumbent’s losses at the polls in Africa in recent times plus attempts to erase term limits most notably in Nigeria. They however argue that while the holding of regular multiparty elections and the occasional defeat of incumbents are significant trends, the struggle to cross the frontier from personal rule to rule-based governance is still far from over in much of Africa.
Life is about choices. The more the choices, the more meaningful and fulfilling life becomes. Most governments in Africa are not comfortable allowing the people they rule to make choices about governance and democracy. Human nature is that most people, including leaders are not comfortable when they are criticized for their shortcomings. The role of the opposition is to critique government programmes and policies and provide an alternative view on how an issue ought to have been handled. Governments all over Africa have praise singers. Not criticizers. They are therefore either mindfully or otherwise narrowing the choices of the people by dictating that citizens must support the government in power irrespective of whether such a government is living up to the challenge or not.

Systems of personal rule have continued to clash with institutions intended to give expression to the popular will. The democratic upsurge of the early 1990s, the play of political and socio economic forces too complex to capture under the rubric of transition paradigm. The resumption of competitive party politics and the shift from static to market oriented economic systems heralded a reconfiguration of powers whose outcomes could not be predicted. Today, the evolution of this reconfiguration remains uncertain as illiberal regimes cling to power (Berendsen 2008). It is widely believed that as President Yoweri Museveni seeks to hold on to power, elections in Uganda are likely to continue to become successively less fair, less efficient and less credible.
Multiparty Democracy
Political parties form a cornerstone of a democratic society. They represent the interest of a particular group with a view to popularizing certain beliefs and ideas which are believed to be better options to transform a given society or country. Parties which are well managed provide the best avenue for democratic governance and growth of a nation through a system that is not easy to manipulate by those in authority.
For political parties to meaningfully deliver, they are supposed to be democratic from within and should allow free debate. Most importantly they must cultivate a culture of constitutional governance. It is great challenge for parties to become democratic because they have many interests and targets. But this alone cannot be the withholding factor. Whereas most political parties in Uganda have well drafted constitutions as their supreme guiding document, these constitutions have not been adequately implemented to the satisfaction of both party members and Ugandans at large. If political parties are not democratic, it follows without question that they will be worse when they assume power. A well meaning political party can never postpone constitutionalism and democracy with its ranks hoping to rectify this anomaly when it takes over power. At that time it may be too late to right the wrongs that were often neglected along the way. Democracy is like any living creature. It needs to be natured and practiced by those who agitate for it before it can become perfect (mature).

Democracy is an avenue by which people’s aspirations for a better future can be expressed and claims for redress made (Prempeh 2008). The French and the British consider party democracy as a central tenet of good governance philosophies. It is a core value that orientates their political attitudes and defines their identity. (Florence Faucher 2003) On the contrary, governments in Africa have a tendency of weakening institutions particularly opposition political parties deliberately. They are aware that well functioning, vibrant and strong institutions would seriously check all undemocratic tendencies of government.
For any society the transition from authoritarian state to egalitarian government implies major social and economic upheaval -- above all when the forces of opposition remain powerful. (Julius Ihonvbere 1998)
Democracy is about competition and choices. It places a sense of responsibility on those in power to exercise their authority responsibly with the people they govern at the centre of expected benefits of every action and programme undertaken by government.

Before 1787–89, most political thinkers would regard democracy as consisting only of the power of the people, an illusion that lasted throughout the 19 and 20th centuries. Yet, at the same time democracy has evolved into a composite regime that combines the rule of the people with the rule of the law. Constitutionalism — that is the development of counterweights to the unbalanced supremacy of the people — developed rapidly after the Second World War in European democracies under the influence of the American model. Enforceable human rights, constitutional courts, the territorial and functional division of powers, all became key features of European democracies. Although there is a broad consensus that democracy is founded on these pillars, there is disagreement over the correct balance between these components of democracy. (Tjitske Akkerman 2003)
Current measures of levels of democratization are often mistaken to be an indication of the 'quality' of democracy in a more comprehensive and normatively more demanding sense. The same is true for some of the current criteria and indicators of 'good governance'. (Dirk Berg-Schlosser 2004) Although there is not yet any agreeable form of democracy for all countries in the world, multiparty democracy is widely seen as one of the best forms given its many advantages compared to other forms of democracy practiced in various countries all over the world.

Unlike the cases of Kenya and Tanzania, the democratic opening in the 1990s did not involve a shift from a single party to a multiparty system. Rather it involved a shift from the pseudo multiparty system under Milton Obote’s government to what the government called a Movement system. Until a constitutional referendum in July 2005, only one political organization, the Movement (also called the National Resistance Movement) was allowed. Until a constitutional referendum in July 2005, only one political organization, the Movement (also called the National Resistance Movement) was allowed to operate. The president, who also chairs the Movement, maintained that the Movement was not a political party, but a mass organization that claims the loyalty of all Ugandans. Until the 2005 referendum, the 1995 constitution required the suspension of political parties while the Movement organization is in governance. Other political parties could exist but are prohibited from sponsoring candidates and holding meetings. The president, who also chairs the Movement, maintained that the Movement was not a political party, but a mass organization that claims the loyalty of all Ugandans.

With the NRM's accession to power, the very existence of the old political parties, particularly the DP and the UPC, became an issue. The old parties were permitted to maintain their headquarters and to issue statements but could not hold rallies or campaign on behalf of candidates for RC elections. This decision stirred fears among adherents of the old parties that the NRM intended to consolidate its hold on power and eventually eliminate them.

Parties were finally freed by the Constitution (amendment) act, 2005 which came into force on 30th September, 2005 amended Article 72 of the Constitution thus: “Any person is free to stand for an election as a candidate, independent of a political organization or political party. Parliament, shall by law, regulate the manner of participation in and financing of elections by individuals seeking political office as independent candidates” However, the overall sentiments from the skeptics after the reintroduction of multiparty democracy is that no real change took place and that the transition is largely cosmetic. They maintain that in reality the movement philosophy and ideology reigns and there hasn’t been a fundamental shift in value systems and as a result party politics will remain peripheral, only tolerated as a necessary evil. (Arthur Larok 2007)

The Media in Uganda
The vacuum created by the ban of political party activities led the media to take up the role of opposition and to a great extent the media played that role effectively given the prevailing constraints obtaining at the time when the movement system of government was in force. The media performed an essential part in our democracy socially, politically. It was the main source of political information and allowed Ugandans to get to know the other side of government

Access to information is essential to the health of democracy for at least two reasons, first it ensures that citizens make responsible, informed choices rather than acting out of ignorance or misinformation. Secondly, information serves a checking function by ensuring that elected representatives uphold their oaths of office and carry out the wishes of those who elected them. The role of the press to disseminate information as away of mediating between the state and all facets of civil society remains critical

There is a growing view which one might call a new-age capitalistic determinism that has gained adherence among many influential journalists and thinkers. Yet, since democracy remains a popular notion with many liberal persons and since the media retains a self-image as the plucky defender of the Constitutional the term democracy has been less jettisoned than redefined. Within this new body of thought, "democracy" has come to mean the freedom of people to speak on everything else except being critical to government’s mistakes. From this perspective, democracy -the will of the people -- becomes more a "sanctimony" than a noble ideal, more an impediment to progress than the fairest way to bestow power on leaders. (Robert Parry 2000)
It is a sad truth of journalism that the media is often liked best when at its worst, and disliked most when it is at its best. Or, at least, that seems to be so in the often rocky relationship between the media and those in authority, whether in government or big business. (News Manual Online 2008) Very few governments like a free and unrestrained media. They dislike the media when it criticizes their policies or performance; they despise journalists when they give voice to opposing views and they absolutely loath them when they expose corruption in their own ranks. Ironically, of course, politicians in opposition usually love the media when they are doing their best work. It is only when they get into government that these same politicians suddenly see how awful the media really are.
We live in society today where the media plays an alarmingly big part in how we see our affairs and how our opinions are formed. The media has helped Uganda to grow its democracy by placing emphasis on issues that at one stage in time would have been considered strictly political. Due to media intervention Ugandans we now look differently at politics. Under ordinary circumstances, opposition political parties are supposed to act as whistle blowers about things that go wrong within government. Their allies in this Endeavour are supposed to be the media. Because political parties were too weak to pursue this role, it was instead the media feeding the weak opposition on the goings-on in government. The media thus became both the de facto opposition and the watchdog which is supposed to be its original role.

In one of the report by USAID titled “The role of Media in democracy: a strategic approach” it is agued that since the media depends on opposition parties for sources which are critical of the government, viable minority protected opposition parties are institutions that may support the development of an independent media. Opposition parties also help to institutionalize a culture where critical vies are tolerated. While some governments view this activity as destabilizing, it may be jus t the opposite since where press freedom is denied the opposition may turn to more violent forms of expression and protests.

Media development is supposed to be about the structural or institutional view of what it can achieve. It is the fourth-estate-of-the-realm view. Particularly one is interested in improving the quality of governance. The case to be made is that it should be emphasized that the set of institutions that are likely to promote responsive and accountable must include structural or institutional view of the media. It is the fourth-estate-of-the-realm view. Particularly when one is interested in improving the quality of governance - the set of institutions that are likely to promote responsive and accountable governance a fundamental part of the institutional mix ought to be a free, plural and independent media system. It ought to be seen in the same way as an independent judiciary, legislative bodies, free and fair elections, vibrant civil society and so on. Governance a fundamental part of the institutional mix ought to be a free, plural and independent media system. (Sina Odugbemi 2008)The media was Uganda’s basic resource for all the news concerning opposition politics during the era of the Movement political system. . The opinion expressed by the press influences the opinion adopted by the public. Lastly the issues the media deem important help set the national agenda. The most basic way the media influence public opinion is by offering knowledge about government decisions and access to government information. Daily the press delivers the raw information to the nation, which in turn forms into opinions. Without the media it would take the public longer to become educated about governmental proceedings. The media send messages across the nation.

Although the NRM government has liberalized the media industry in Uganda, there is a level beyond which government is not ready to allow them to transcend. President Yoweri Museveni has quite often threatened to close some media houses and indeed some have been clumped down which has resulted into self regulation and self censorship in order for such media to remain in good books of government. Print media remains the most vibrant agitator of democratic governance. Currently there are four major dailies in Uganda namely The New Vision, the Daily Monitor, the Red Pepper and Bukedde, a Luganda government owned but largely independent newspaper. There are more than fifty FM radios and up to seven Television stations in and around Kampala alone. The media has provided a platform to both opposition and government representatives to discuss issues. In some cases however, government especially when government is caught in serious breach of people’s expectations, and when some of its actions are indefensible to Ugandans, it chooses to keep mum. In other instances, instead of government coming out to explain to the public, it has gone a step further by threatening to close down media houses that host opposition figures. The opposition leader Retired Colonel Dr. Kiiza Besigye has been barred from addressing people on various radio stations and televisions including the state owned UBC TV.
The media has without doubt played a significant role in shaping and contributing to the few gains so far achieved since the reintroduction of multiparty democracy in Uganda. Some of the print media has even been branded opposition mouthpiece because of their consistent reporting about government excesses. Although radio and TV play a major role in disseminating information including that on democracy and governance, print media remains the strongest medium of exchange of political discourse especially among the elite population in most urban areas.

President Yoweri Museveni knows journalists can use their power of the pen to influence critical issues in the public domain which would systematically erode his popularity. He has therefore over the years developed a scheme to woo and offer better opportunities to critical journalists to work in different government departments hence silencing them. Because journalism is not a well-paying profession particularly in Uganda, the journalists often take up the “juicy” jobs offered which automatically means that they are politically silenced or if they are to express themselves, they normally tow the line that is support of government. What makes some of us worried is how much resources government is willing to commit to buying off critical journalists such that the media will remain neutral or not very critical of government. Whether this is practically possible is highly debatable. What seems to be obvious is that the current administration led by Yoweri Museveni is buying time in order to stay in power with as minimum critical voices as possible.

The strongest advocate of political reform from the media has perhaps come from the Daily Monitor that took on the role of the opposition during the time when political parties were not allowed to operate. Others are The Weekly Observer and the now defunct Crusader Newspaper. A few others including the government mouthpiece, The New Vision and the Red pepper have to some extent also helped to raise important political debates but not to the standards of the former. Government has often intimidated the media to silence it. It has been alleged that, sometimes, state operatives often go to newsrooms to stop newspapers from publishing certain stories. The Monitor was closed in 2002 for 10 days for allegedly publishing false news. Its sister FM radio station was closed as well in 2005. Government tried severally to block the notorious website, www.radiokatwe .com, which was publishing nerve wrecking stories about government and people associated with it. The authenticity of some of these stories is doubted but nonetheless, government felt uncomfortable with most of the publications which made some people to believe that, possibly, some of the issues raised by Radio Katwe could have been true after all. Otherwise why would government go all the way to block the website such that Ugandans would not access it?

It is true that there is to some extent careless journalists who publish unresearched work which makes government to become enraged. Some of the stories are completely out of context in terms of truth. The explanation for this however is that government is not in any way liberal with the way it releases information which leaves the media with only one option-speculation. Although readership of print media is still very low in Uganda as compared to Kenya, it nonetheless has almost the same impact if not more. This can be explained by the enthusiasm with which the elite public discusses topical issues especially those carried on front pages of major newspapers. The New Vision circulates an average of 35,000 copies daily compared to Daily Nation, the largest newspaper in East Africa which has a circulation of over 150,000 copies per day.

Media freedom even in well established democracies has been put to great challenge by the state and this means that it has to work hand in hand with other actors such as political opposition and civil society to stave off government negative reaction whenever it arises. As the old saying goes, that a good turn deserves another, the media stood with the opposition when they were not allowed to freely operate, now that parties have been freed, the opposition needs to stand by the media to further expand democratic freedom in Uganda.


The NGOs and their role in Democratic Governance
The end of long-standing authoritarianism in the late twentieth century provoked a global resurgence of civil society in the Third World that has driven scholars increasingly to ask how revitalized social movements impact democratic progress. Despite daunting theoretical and methodological problems in studying movement outcomes, and disparate historical and social conditions producing diverse, contending views of movement effects. (Suh, Doowon 2008)

In a struggle for democratic reform and transformation, key players stand out. These are civil society organizations and the media that have sought to keep government on its toes in demanding fair laws and a level field for all political actors to be heard. These include organizations such as The Uganda Joint Christian Council (UJCC), Foundation for Human Rights Initiative (FHRI), Amnesty International, Human Rights Watch, International Republican Institute (IRI).

Hennie Kotzé agues that the role of civil society in the African democratization process has been severely compromised. He quotes Clapham who wrote more than a decade ago as having said “Sustained rather than sporadic activism is required, and the nascent civil societies are largely too weak to do the job, not only in Nigeria and Zaire (where transitions have become stalemated) and in Burkina Faso, Cameroon, Kenya, and Togo (where transition outcomes are still ambiguous), but also in Benin, Malawi, and South Africa (where transition outcomes have been more clearly successful). In nearly every case, the ability of civil society to help deepen democratic governance and put it beyond reversal remains in serious doubt.” I do not agree with Hennie because of the fact that governments in Africa have been deliberately keeping civil society weak including putting up stringent laws like those in Uganda such as the NGO registration Act.
Civil society is a self-appointed ombudsman of good governance and democratic accountability in every country. An organized and strong civil society has capacity to cause fundamental changes in the development process of a country and specifically on formation and sustenance of foundation base for good governance and democracy. From good governance, the country would reap the benefits in form of harmonized development that is based on justice freedom and equity for its entire people. Countries with a strong civil society have demonstrated that their citizenry enjoy more democratic freedoms than those where civil society is weak. Civil society both local and international has played a key role in ensuring that political parties and indeed the opposition in Uganda are strengthened to provide a viable alternative government in waiting. Civil society is a strong force in mobilizing masses. They have an advantage of time and potential of mobilizing resources both from within and outside the country to create an impact in terms of political accountability and expediency for the people by government.

As for “political” activities, Ugandan NGOs are not permitted to belong to any political group. They cannot directly or indirectly support a political candidate running for office. NGOs can actively participate in the election process through conducting educational seminars on current topics of political concern, including understanding the platform of various candidates. Moreover, organizations are allowed to engage in monitoring and observing the electoral process, documenting the flaws in elections, cooperating with the Electoral Commission, and proposing improvements to the electoral process. In the past, organizations have supported candidates in their bids to challenge election results.

The NGO Registration Act and its implementing regulations allow the Government of Uganda to exercise considerable control over the operation of NGOs. An NGO is prohibited from operating in Uganda unless it has registered with the National Board of Nongovernmental Organizations (“Board”). (NGO Registration Act 2(1)) When issuing the certificate of registration to the NGO, the Board may grant the registration subject to conditions or directions “generally as it may think fit to insert in the certificate, and particularly relating to: (a) the operation of the organization; (b) where the organization may carry out its activities; and (c) staffing of the organization.” (NGO Registration Act 2(2))

The limitation arises when government is not comfortable with the work of NGOs because it is aware of the power they yield. According to Human Rights Watch Backgrounder Report 2001, The NGO board's powers are extensive. In granting registration, it can specify "conditions or directions" for the NGO concerning its "operations" (a term that is not defined in the law), where it may carry out its activities, and it’s staffing. Once registration has been granted, the NGO board has further powers enabling it to "guide and monitor organizations in carrying out their services," and to summarily revoke an NGO's registration if the NGO is considered to have contravened any of the "conditions or directions" that the NGO board set when approving its registration. All these are deliberate attempts by government to keep civil society weak and incapable of challenging government on its shortcomings.
The current law provides for an excessive degree of state control and interference in the activities of NGOs. The mandatory registration requirement means that the government, through the NGO board, has full powers to determine which NGOs are permitted to operate. NGOs that wish to engage in legitimate activities within the community can be prevented from doing so legally, if the government disapproves of them, by being refused registration. NGOs may also be required to carry on their activities under conditions or in locations not of their choosing, or not to employ or to dismiss particular individuals, such as known government critics or opponents, from their staff. Or, having obtained registration, NGOs may be summarily closed down on ill-defined grounds of "public interest" by order of the NGO board. In such case, the NGO board is not even required to provide detailed reasons or disclose evidence in support of its decision to revoke registration, and the NGO is denied recourse to the courts or an independent judicial body, being permitted to appeal only to the minister responsible for appointing the NGO board.
The perception that NGOs that have obtained registration may be subject to continuous and potentially intrusive monitoring by the state is heightened by the presence of state security representatives on the NGO board. This, understandably, may lead NGOs to exercise a degree of self-censorship, including on important issues of public concern. Under the twin threat of surveillance and de-registration, it would be surprising if some NGOs at least did not feel obliged to adopt more cautious policies and practices than they would wish, and to steer clear of activities that, while entirely legitimate, could be controversial or politically sensitive, and incur government displeasure.
Civil society works on demand side of the political equation. They engage in honest and open political dialogue with government on the state of democracy. They also make sure the state can live up to the expectations and demands of the governed. Many citizens judge their governments by its ability to provide basic services such as security, health and education. Civil society is thus, aware that democracy plays an important role in provision of basic services to the people. In a country where political opposition is strong, the work of civil society is less because the objectives of the two, though dissimilar in nature are the same in character in a sense that they both fight to put in place an accountable government that is democratic in nature and transparent in its transactions. The ideal situation would be to have a strong opposition while vat the same time having a strong civil society which would mean that the two would work together to form even a stronger coalition that can easily suggest alternative policies for government and put it to task whenever possible.
Civil society and the media is credited for enhancing the access of desperate segments of the citizenry to the governance and development process. Civil society can contribute to improvement of internal democracy and social accountability of development programmes and enhance popular participation in such processes. It is important that both civil society and the media work hand in hand to promote the noble cause of promoting democracy and development. Where government tries to limit their spaces, each of the two should defend the other in order to create a strong force. In the long run it will become difficult for government to attack any of the two because it will fear the wrath that may come with is undemocratic actions.


Conclusion
The movement system has had a great impact on political trend in the country and it is not likely to be erased in the short run. Individual merit system was an ideal situation that is not practical in real terms. Though its ideals are fancy and enticing to especially a group of people one may term as ‘political novices” it is impossible to enforce the system without trampling on the rights of the people. It takes away the common values of humanity by promoting individualism at the expense of social cohesion. The existence of a healthy, respected and respectful opposition is a common feature of democratic politics. For a democracy to function properly, it needs an opposition to provide political contestation and electoral competition, thus limiting the power of the ruling party. In other words: no opposition – no democracy. (Hennie Kotzé 2008) The main obstacle to democratic progress in Africa therefore seems to be the resistance of autocratic leaders to give way to opposition leaders through free and fair elections. Most African countries have an excessively strong presidency, with opposition parties being 'plagued by weak organizations, low levels of institutionalization and weak links to society'. It will take a lot convincing to tell governments that strong opposition political parties are good for their countries. Leaders of most states especially in developing countries can only believe that policies are good only when they favour such leaders. The media and civil society have been instrumental in pushing for increased political freedom. The little gains so far achieved can be attributed to their efforts which can never be underestimated given the circumstances they were operating in.

Monday, June 16, 2008

Sex in prison is like giving a refugee a rocket ride to the moon

Recently, the Commissioner General of Prisons Dr. Johnson Byabashaija was widely quoted in the print media as having informed a certain meeting that the Uganda Prison Service would soon allow prisoners to exercise their conjugal rights. This is not the first time prison authorities are making this pronouncement. And I am sure it is not going to be the last. It is always easier said than done. It has now become sort of an accepted norm for government officials to announce grandiose proposals which sound good to the targeted audience yet they don't mean what they say.
Conjugal rights for prisoners is one of the highest levels of enjoyment of rights that is uncommon in both developed and developing countries alike. Although human rights activists would want these rights to be recognized in all countries, in most cases it is simply not possible because of the issues involved to provide these rights.
Countries which currently allow conjugal rights include: France, Canada, Denmark, and Saudi Arabia. Regulated conjugal visits are allowed in USA, Brazil, Mexico City and Russia.
Of all the states that allow these freedoms, Saudi Arabia tops the list in providing the best amenities and systems needed for this right to be fully enjoyed because it was among the first countries in the world to allow this practice.
In fact Saudi laws go an extra mile of allowing inmates to have the right to get married while in prison, including those on death row. No country in Africa, including liberal South Africa can afford the luxury of allowing sexual rights in prison.
In the USA, inmates have to meet certain requirements to qualify for this privilege. Inmates on death row are not permitted visits in US. Even then conjugal visits also known as "extended family visits are currently respected and upheld in only six out of fifty states of USA. These are: California, Connecticut, Mississippi, New Mexico, New York, and Washington.
Conjugal rights have been rightly neglected because they are not easy to be guaranteed and implemented. To put the debate in context, human rights activists are not against prisons department allowing prisoners to have sex as a right.
Sex after all is a right to every human being. What we don't understand is how some prison official makes the announcement without substantiating it and makes the public and the inmates to wait for such a promise to be implemented in vain.
I have personally visited Luzira prison many times to check on the living conditions of inmates. I have attended many workshops in various places where prison representatives have had to present one complaint- lack of resources to make prisoner's rights a reality.
So how can the same people promise to provide what they know is out of their means. Sex in prison is a dream in Uganda today.
I agree that the prisons department is one of the least funded by government. The basic things that should ordinarily be provided to inmates are always lacking.
So, if thee basic necessities can not be provided how would they guarantee that prisoners would have sex in a dignified way worthy of a human being, not in a beastly manner.
For instance, prisons authorities are supposed to put up structures for that particular purpose with private rooms where essential commodities such as condoms, soap, toilet paper beddings etc, are supposed to be supplied.
Is Luzira Prison capable of doing this? Countries that are implementing conjugal rights in prisons affirm that it is a difficult issue to enforce. Even in its enforcement many more rights are violated therein either conditionally or because of other attendant factors.
It is important to note that sex is purely a private matter between individuals. There is no way therefore the prison authorities would determine when and how an inmate would want to have sex.
Some of the questions that keep lingering in my mind include: How many hours each prisoner would be allowed with their partners? How about people with multiple partners? What of inmates who may want to have sex with fellow inmates? How would they treat prisoners who may need to have sex but don't have partners? Wouldn't they end up raping other inmates because of the many imaginations that would run through their minds as fellow in mates go in designated places to have sex? All these questions need clear answers before one can think about introducing sexual rights in prisons.
Incarceration means that people who are serving sentences have to have some of their rights restrained until such a time when they can regain their freedom after a stipulated time by courts of law.
Most important among these rights may include rights such as freedom from movement, limited right to privacy, limited right to contact with outside world among others.
There are however other rights which are supposed to be upheld at all times even when someone is in prison.
Rights such as the right to food, the right to shelter, the right to appear before a competent courts etc, fall under this category.
I am aware that prison conditions in Uganda have greatly improved given what it was in the eighties and nineties, but it has not yet reached a level where prisoners can be accorded the right to sex because it is impracticable.
It is a right that can wait given the fact that there are currently more pressing needs that need urgent attention to make lives of prisoners worthy living, even though they are in prison.
Providing conjugal rights to prisoners in Uganda is like taking an emaciated, skeletal refugee from Durfur in South Sudan on space adventure to the Moon and planet Mars. It may not make much sense to such a refugee. Neither would it to the rest of mankind.

Museveni, Mwenda wrong on high prices

Recently, I was privileged to have been chosen to be part of the team of four people that were tasked to carry out a study on behalf of Food & Agriculture Organisation (FAO) and International Human Rights Internship Programme (IHRIP). The focus of the study was to establish how the budget at the national, district and lower government levels impact on the delivery of National Agricultural Advisory Services (NAADS) for small holder farmers to produce food which would translate into the realisation of the right to food for majority of Ugandans.
Our study findings are to be used in compiling a manual on "How Budget Analysis can Strengthen Right to Food Advocacy". This project is to be implemented in four countries namely; Philippines, Guatemala, Brazil and Uganda.
The study has been able to expose the inadequacies exhibited by NAADS programme since it was launched almost a decade ago. At its inception NAADS was supposed to be the redeemer of poor farmers by helping them to form groups, get training in modern agriculture practices and acquire knowledge in modern farming.
The whole programme was in general terms supposed to increase food production for the country such that farmers would have enough food for subsistence while the surplus would be sold off to markets domestically and regionally.
Stakeholders do not agree on the benefits of NAADS to Ugandans so far. Those who have benefited from it think that it has delivered while those who are not in any way linked to it think otherwise.
District NAADS Coordinators are currently some of the wealthiest officials at the districts where they are based because they control one of the largest budgets at that level.Throughout our interaction with them they laboured to explain to us how the programme has brought prosperity to farmers compared to the situation before NAADS advent. President Yoweri Museveni was fast to act in suspending NAADS funding after a public outcry about its failures. It had all along been public knowledge that a lot of money had been sunk into the programme but the greatest chunk of it had been used to organise workshops and farmer sensitization seminars while the rest had been swindled.
It is difficult to deny that NAADS has had a positive impact. But it is disgraceful for its officials to showcase its minute achievements vis-à-vis the resources that have so far been spent on the programme.
Cases were cited of coordinators who would buy local goats and pigs only to claim that they bought improved breed at exorbitant prices.Some were out rightly rejected by farmers, especially those who were enlightened enough, but others were taken up by unsophisticated farmers only to realize later that they had been classically duped.
We could not authoritatively ascertain, neither could we independently verify the information taunted by NAADS Coordinators that there is a direct link between the current high food production in most districts and the intervention by NAADS in providing such an enabling atmosphere.
What is undeniable is that food is currently enough in most rural areas we visited despite its high price in most urban areas.
This brings us to another fundamental question about the purposes of NAADS. The current scenario of high food prices in the city cannot in any way be blamed on scarcity of food in rural areas. The economics of food have, for the first time in many years defied the laws of demand and supply.
Whereas one would ordinarily have expected moderate prices because supply is high, the reverse is happening. Possibly we may see a new trend where the prices will go down when supply is at its lowest, although I highly doubt this is likely to happen.
The other issue that we may need to ponder about is that President Yoweri Museveni's assertion that high prices for farm produce implies high incomes for farmers. This kind of reasoning had previously been espoused by veteran journalist Andrew Mwenda while discussing scarcity of food around the world three weeks ago.
Museveni and Mwenda couldn't have been more wrong. The price of food can never determine the welfare of the peasants because the people who are the major buyers of this food are the elites who will seek to recoup what they have paid in form of high prices on food by hiking the prices of the services they offer and the manufactured goods they sell which the peasants cant do without.
Therefore, whereas a farmer may on the face of it get a high price by selling his Matooke, he pays more by paying for maternal services at a local clinic because the person treating them will have increased their price to be able to buy Matooke.
In fact, the farmer is better off earning less by selling his Matooke at a low price than earning more and paying more at the clinic. Another view may be that the standard of living of the farmer in the above mentioned scenario is almost constant, if not worse off because of the spiral effect the increase in the price of food is likely to generate hence leading to increase in most commodity prices across the board.
These issues put us in a dilemma on what the way forward could be in trying to improve food production and incomes for people who produce it. If we use the elimination method, we can begin by proposing that the hitherto method employed by NAADS of organizing too many training workshops is not among the solutions. Neither is it a solution to completely do away with NAADS.
The solution lies in the fact that government must strictly monitor its programmes and should always urgently respond to people's needs because a stitch in time saves nine.
Had the president listened to the people earlier, less money would have been stolen, and possibly more food would have been produced by farmers and prices would have been a little bit cheaper than they are now.
As things stand currently, neither the farmers in rural areas nor the elites in town are benefiting from the high prices of goods and services.

MEDIA FREEDOM UNDER ATTACK; IN WHOSE INTEREST?

By Mutabazi Sam Stewart

Of late, there has been heightened unease about the trend of events of continuous limitation and curtailment of fundamental freedoms of Ugandans in relation to the right to assemble (association) and freedom of speech. The media both government controlled and private, has acted together to fight for space to air their views without intimidation and harassment from government with limited successes. Many analysts are wondering why government is acting this way at this point in time. Considering the hostile press government has suffered in the past years, today’s coverage, I would say is not as bad or as worse as it can get. Government needs to be assured that bad press won’t get better by muzzling the media.

Today, we shall deal with freedom of the press and hopefully we shall discuss freedom of association next week. The two are interlinked. Freedom of the media cannot be affected without affecting freedom of association and the two freedoms together form the greatest component of democracy in the true sense of it.

If state control of the media was the solution to covering up government excesses, the Zimbabwean regime would be enjoying the best publicity every government would envy. President Robert Mugabe of Zimbabwe thought that he would limit the level of negative coverage by introducing unacceptable press curbs for local journalists. He later alone banned international media from reporting within his country. The result was the exact opposite of what he intended to achieve. If the NRM wants to do it the Mugabe way, let it go ahead with this clamp down on media and freedom of assembly. Soon it will realize that the war against the media can never be worn by any government either in the short or long run. No matter the strength of a government, it must never underestimate the power of the media. Suppressing the media is like drowning a balloon under the sea. It will always come back to the surface.

The future stability of any regime can never be guaranteed under any circumstances. The media can only be intimidated once in a while. It can never be fully bottled up all the time. Intermittent hiccups and disruptions in the relations between the state and media will always occur and overzealous governments will always try to overstep their imaginations and political hallucinations but this can only be temporal, not permanent because it is not sustainable. Soon or later the regime realizes that it can’t catch up with the power of the media which may lead to the collapse of the regime due to reasons clandestinely orchestrated by benevolent media campaigns that are hard to censor.

The media in every country is like a herd of dogs which forebodingly guard the master’s house. An intruder who comes face to face with the first dog prays that it may not bark or make noise to attract the attention of other dogs because. Likewise, an attack on local media will almost automatically invite the wrath of international media fraternity, the consequences of which cannot be good for the country as well as for the sitting regime.


If government can be this concerned during these times when the media has been exercising some form of self censorship, what will happen when both local and foreign media decide to work together to put their foot down to report what they perceive to be accurate news!. May be government will at that time not only imprison journalists, it may engage a higher gear of public execution, Idi Amin style.

It would seem commonsense that any government would do anything within its power to portray itself as a protector of people’s rights no matter how it is provoked by the opposition and other forces bent on discrediting it. Cool headedness would, to any accomplished politician make more sense in forestalling and dissenting view that contradicts the government line of thinking.
I cannot have better words to advise government or indeed those close to public administration in any regime than declaring that the surest way to a fast lane of unpopularity, maladministration and an almost guaranteed way to secure regime collapse is for the sitting administration to inadvertently, with no clear reason, seek to control or hinder the flow of information, be it by muzzling the media or administering unnecessary control on media freedom and public debate. The consequences of such a policy are the same irrespective of which country it is applied and by which regime.

A free press can of course be good or bad, but most certainly without freedom the press will never be anything but bad. The 35th president of USA John F Kennedy once said “There is a terrific disadvantage in not having an abrasive quality of the press applied to you daily. Even though we never like it, and even though we wish they didn’t write it, and even though we disapprove, there isn’t any doubt that we could not do the job at all in a free society without a very, very active press”. Kennedy was only stating the obvious. Every government recognizes the importance of the media because even a bad press is better than no press at all. What puzzles most of us is why a government like President Yoweri Museveni’s that claims to have brought unfettered freedom to Ugandans would chose to become hostile to the media at this point in time. Don’t forget to join me next week as we look at freedom of association.

THE FOUR GREAT CONTROVERSIES OF OUR TIME

By Mutabazi Sam Stewart
Homosexuality, abortion, prostitution and capital punishment are the most controversial issues that have divided the world view in equal measure with both proponents and opponents believing that they are correct. This column will try to highlight the major issues in the debate about what I have decided to call "the big four controversies". Lets first deal with homosexuality

Homosexuality

Human rights are first and foremost about individual choices. It is not anyone's business to put to task gay people to prove that what they do is actually natural. Many times, when gay people have been cornered to justify their actions, they say they are "born like that". They relate their sexual orientation to a person who uses his or her left hand having no choice about the same. Whether this is true or false is up to gay people to decide. But gay people are not under any obligation to explain to anybody why they do what they do.

Two consenting adult people who decide to use their bodies according to their wishes would have committed no wrong to the public so long as they do it within the confines of their bedrooms or in hidden places. Any government that tries to limit the rights of gay people through prohibitive legislation is only wasting its time and resources. The Law that seeks to prevent homosexuality is as redundant as its framers. This is because any law that is not easy to enforce is as good as non existent.

Problems arise only when gay people may need to popularize and publicize their acts to the wider public. This may constitute a direct danger to the population and need to be checked immediately. Just as it is not allowed for heterosexual people to have sex in public, gay people must keep their romance away from the public eye. Those that are fighting homosexuality are fighting a war they are sure they can not win, at least in the long run.


Prostitution
Prostitution is a manifestation of nothing else but the very nature and character of human beings because they engage in sex for other reasons other than procreation, to be specific, for pleasure, unlike other creatures created by God. To any moralist, prostitution is the last thing they would love to hear about. To them, it signifies the highest form of moral decay. It symbolizes putrefy that boarders on the margins of the Biblical road to total destruction of a society that condones it. But to liberals, prostitution is a sin just like any other.
Morality is defined by different people differently. Morality is debatable but human rights are not. Lest I am misunderstood, I must clarify that there are some minimum benchmarks or requirements that every society must conform to. Otherwise if every one was allowed to act as they wish, the world would run crazy. Besides, the concept and foundation of human rights is based on morals. Morality is such a big topic that it encompasses almost all aspects of human life. Would it be in order for instance any government to make laws that condemn premarital sex because it is morally not right?
How did government determine that prostitution is morally wrong and not premarital sex? Isn't this a clear indication of government allocating itself more powers than it actually has? Won't the same government at a future date declare which rights people would have to enjoy? What is clear though is that for some one to enjoy human rights they must be human beings. It is further assumed that all human beings have morals naturally. If we follow the argument of moralists, it may mean that prostitutes do not have morals and therefore are not human beings, which therefore means that they do not have any human rights.
Readers must understand that Laws do not provide human rights but rather they protect them. Laws only guide people on what they are expected to do in order to live harmoniously with fellow human beings to ensure unity and peaceful coexistence. A law that supposedly gives human rights means that that same law can take away the same rights through the same process that it provided those rights.After all laws are made by man and man is selfish and imperfect. The day human beings begin making laws to grant human rights is the day human rights shall start to become meaningless to humanity.

Capital Punishment

Capital punishment remains on Uganda's law books as a legitimate and legal practice. The last time the state killed people in large numbers was in 1993 when 29 people were hanged to death in Luzira Maximum prison. Currently there are about 300 people on death row in Luzira prison alone.
Impunity in human rights has never been an option of reconciliation. Nether is it tolerated as a means of resolving conflicts or maintaining peace and stability. Society must always punish wrong doers in order to deter them from repeating the same mistakes or committing more crimes. Punishment also helps would-be wrong doers to think twice before they commit crimes because they would be aware that they may suffer grave consequences. Nevertheless when punishment goes beyond the proverbial boundaries, it fails to achieve its purpose. Most scholars argue that the death penalty is actually not a punishment but an act of outright murder by the state. They argue that the objective of a punishment is to reform the culprit to become a better person. Yet the death penalty does not give the accused any chance to reform.
There is no mechanism to protect people who commit crimes unintentionally when capital punishment is in place. The worst scenario happens when wrongly convicted persons are executed only for contrary evidence to be adduced at a later stage when the innocent person is already dead. This forms the strongest base that reinforces the argument against the death penalty.
The other argument advanced by crusaders against the death penalty is that the practice perpetuates illegal killings. If the state can kill, why shouldn't its citizens do the same? In other words, capital punishment makes life of persons too cheap to be taken away by a mere stroke of a pen through a hangman's noose. Life in most developing countries is too contemptible to the extent that no death can shock the government. Instead, in addition to the many causes of death in Africa such as AIDS, Malaria, Hunger and Poverty, the state adds on another cause in the form of the death penalty.
The state determines what constitutes grievous crimes that attract a death sentence and a misdemeanor that requires the convict to only serve a jail term. One of the most dreadful among our laws is the one that relates to treason which is punishable by death. It smacks of intolerance, lack of democracy and is often more linked to monarchism, totalitarianism and dictatorship. People who are charged and later convicted of treason live at the mercy of the ruler who determines whether he should allow them to keep on living or to die.
We are aware of many freedom fighters that were hanged in their course of fighting for the cause of their countries. Those who were lucky not be killed later became important citizens and have helped to shape the destiny of their countries. A case in point is Nelson Mandela of South Africa. Can anyone imagine what Africa would have lost if the Apartheid Regime had decided to apply capital punishment on the person of Nelson Mandela during his jail term? Though the death penalty was on the law books of South Africa and Mandela was qualified to die under the same law, the white minority chose not to apply it. He was later to become one of the greatest pillars of freedom not only in Africa but in the whole world. The question is; how many Mandela's have been put to death by the state and how many more will die before the state realizes the mistake of killing people?
Abortion
The Bible condemns abortion. The Koran abhors it. Religion in general detests it. Moralists loathe it. Traditionalists and conservatives don't want to hear about it. Catholics hate it with a passion. The Anglican Church can't stand it. Christians and Moslems can't touch it. The state despises it. Despite all the opposition and ranting against abortion, it is being carried out in a semi-legal fashion throughout the world.Some countries have legalized it. But many are still resisting the change. Uganda is in the latter category.
As a consequence, many young and old women put their lives at risk trying to carry out abortions in undignified places with unqualified personnel. Recent research by Florence Mirembe et al shows that over 775,000 women in Uganda have unintended pregnancies and of these 297,000 end pregnancies through induced abortions. Government does not have the capacity to monitor every woman who gets pregnant to ensure that they do not abort. Neither does it have the mandate or authority to pry into the private lives of its individual citizens. Individual persons own their bodies and they are at liberty to choose how they want to use them. Any woman therefore who feels, for any reason, they cannot continue carrying a pregnancy, must be left to terminate it at will.
The duty of the government in this whole process instead should be to facilitate "safe removal" of the fetus from the woman who in her better judgment thinks she is not ready to have such babies. Opinions are abound of people who are opposed to abortion arguing that abortion should not be allowed because in having sex, women should be aware they may get pregnant. This is a shallow argument because scientific evidence suggests that human beings, on average and intentionally have sex primarily not for procreation but for pleasure. Therefore if in the course of having sex for pleasure, a woman happens to conceive, there should be no need for such a woman to ask for permission to terminate such an unwanted pregnancy.
It should be made clear to those who are against abortion that a fetus is not a human being and it remains a fetus until it is delivered as a baby. Whereas the law is kept in place, it serves no other purpose other than propagating underhand methods of operation of carrying out abortions, whose consequences are glaringly fatal. In keeping abortion illegal, government is killing its women citizens who can't access better services to remove fetuses they are not ready to have as children because of fear of the repressive law.
The social problems we face today are not as a result of lack of laws to protect human rights, but to the contrary, it is because we have many laws which are in most cases redundant and at worst without any objective and purpose. Today, some governments out of folly, highhandedness and ignorance have extended the boundaries of their mandate and jurisdiction by declaring what in their own understanding, and for their own motives call immoral human behaviour. Irrespective of how long it shall take the world to debate and meditate on the four controversies, I am convinced that, one day homosexuality, prostitution, and abortion shall be made legal and lawful and governments worldwide shall recognize the fact that killing criminals is like pouring water in a bottomless pit. It may take one hundred years or more, but it surely will come.

A COMPARATIVE ANALYSIS OF PERFOMANCE BY EAC COUNTRIES

By Mutabazi Sam Stewart

The opposition in Uganda keeps putting government in the spotlight about the things the State ought to do but is not doing. Most people keep lamenting how Uganda is doing badly in terms providing democracy and improving the lives of its people. President Yoweri Museveni has often rebutted such claims by insisting that Uganda after all is doing even better compared to other nations in Africa. I took trouble to ascertain the truth about how countries in the region are fairing in terms of development basing on available statistics and using personal observations and experiences. I would have loved to cover as many African countries but my limited travel experience would not allow me to get first hand information that I needed to make a fair and balanced judgement in countries which I have never visited. I therefore chose to limit my area of analysis to the East African region, of which I have considerable exposure and acquaintance

I have been to all the capitals of member states of the East African Community i.e. Kampala, Nairobi, Dares salaam, Kigali and Bujumbura. I have been to most of the major towns and a few villages of these countries as well. The economic performance of a country can noticeably be recognised by the vibrancy of its capital, to a lay man who may not be interested in economic indices by IMF/ World Bank and UNDP. Without traveling to the countryside, one can get a sense of whether a country is doing well or otherwise, by the kind of activities going on in the capital city. If the people in the capital are living a miserable life, don’t expect those in the countryside to be doing better. i therefore believe that my analysis of situations in the countries will make a fair assessment

I have tried to analyse, informally the performance of states that make up the East African Community for a period of over ten years. I have discovered that each country has its own peculiar woes and achievements.

With a population of 10 million people, (It is the most densely populated country in Africa given its size) GDP of $8 billion, total revenue collection of $700, external debt at $1.4 Billion and life expectancy at 49, Rwanda has the best functioning public works system and management across East Africa. This is attributed to the policy mixture employed by the government there where, despite privatization and liberalization the state remains the largest investor in public enterprises which it sees as vital components of helping to uplift the struggling private sector. Rwanda is at the same time regarded as the most policed state in the region with a lot of curtailments on freedom of its people.

Burundi is the poorest country among the five countries surveyed going by both conventional statistics and through common man’s judgement. The country has a population of 8 million; its life expectancy is at 51 years. Its GDP, total government revenue and external debt are $6.3 billion, $256 million, and $1.2 billion respectively. The poor performance of the country is attributed to being the furthest from the cost which escalates its transport costs and unending wars and political instability that can’t allow the economy to flourish.

Uganda is arguably one of the most endowed country among the pack of the five that form the regional bloc. With the best climate, an average size and diverse population (30 million), Uganda is supposed to be doing far much better economically. As of now our GDP is at 31.2 billion, our revenue is a mere 2.8 billions and our external debt stands at 1.39 billion dollars after the debt cancellation under the HIPIC initiative. Uganda’s public sector could be regarded as, again, one of the worst in the region given what it was in the sixties and early seventies.

Tanzania has been a mediocre state ever since the days of Mzee Julius Nyerere. Despite being peaceful, the country seems to be stagnant as far as development is concerned. With a total land and sea area covering 945,087 sq km, population of 40 million people, revenue of $3.5 billion, life expectancy of 51 years, Tanzania seems to have slept for so long. Tanzania is a country that gets everything right in terms of governance and pro-people programmes but gets everything wrong on how to get results. It is the safest country in the region with the lowest reported cases of corruption and has the lowest external debt ($600 million). No body can put a finger on who “bewitched” Tanzania

The last country we can talk about is what is known to be the largest economy in East and Central Africa – Kenya. It has one of the busiest ports in Africa, Mombasa and its GDP is at $57 billion. Its public debt stands at $2.5 and its per capita income hovers around 300-350 dollars. The country boasts of a large private sector that has expanded into areas formally thought to be provided by the public or the State. Kenya’s biggest asset is at the same time its greatest weakness. It has one of the most versatile populations not only in East Africa but in Africa as a whole. Its cities and towns are the most insecure and its population can’t take no for an answer from government. Kenya wouldn’t be any different from Uganda if it didn’t have access to the sea. Its public sector, though better than that of Uganda is nothing much to cry for. Its upcountry roads are for instance worse of than those of Uganda.

What one can conclude from such a picture therefore is that President Museveni may be right when he says that all African countries are the same. For instance, although Kampala is the filthiest city of all the five capitals, a visitor who abruptly lands in the centre of any of the other cities would not make so much difference. On the other hand, the opposition is also right in demanding for better things from government. The fact that other countries are doing badly must never be tolerated as a valid reason to remain backward. It only calls for one action - if the current administration can’t pull Uganda to the top its better they ship out and let others try.

ARE HUMAN RIGHTS IN CONFLICT WITH RELIGION?

By Mutabazi Sam Stewart

Many things have remained unclear in the world since time immemorial. But the most mythical have been issues related to religion and God. All attempts to demystify these issues by the greatest people have recorded minimal successes. The search for true religion keeps the world on tension with each religion claiming supremacy and authenticity over others. The more people question matters of God and religion, the more they get confused and the more they confuse other people. Religion remains the most powerful tool that unites and divides people in equal measure. Religion and faith have been interpreted differently by different people throughout history. Some religions have gone an extra mile to kill in the name of God. Whether this is acceptable depends on the indoctrination one received and the type of faith one confesses.

Philosopher, political economist and revolutionary Karl Heinrich Marx (1818-1883) was one among the many great thinkers that sought to understand the mysteries of God and religion. His powerful exposition that “Religion is the opium of the world” that keeps people sedated as they walk the grating journey through life on earth gave one of the most reasonable assurance the world had ever received about religion and humanity. I agree with Karl Marx to the extent that religion has achieved its purpose in as far as keeping people’s hopes high always expecting better lives ahead. Marx’s assertion is logically sound. I think that the world would not surtive even fob a day without religion and God. Take away religign from the world and {ou will have a mad world. If all the people of the world were to realize that God doesn’t exist after all, the kind of lawlessness and hopelessness we would experience would make the best policing systems to crumble at an overwhelming credence of a people that see no reason to live.

I wes tempted to write about this tmpic after reading a story in last week’s issue of The Weekly Observer that quoted a lady, Grace Kashameire, 55, who had been used by Pastor Imelda Namutebi Kel` of Liberty Worship Centre to hoodwijk church goers into balieving that she ha` been cured of AIDS because of Namutebi’s prayers. Although this lady asks for forgiveness, I personally think that what she did is unforgivable and inexcuqable, barbaric and inhuman. I further think that she is not sincere. She is a self seeker who, given chance, would do ajything irrespective of the impact such an actionwould have on the wider public. I am rediably il&ormed that thiS same 7oman had tried to sell dhe story to most top media hkuSes but they had refused to publish it. If I were an ddit/r, Iwouldn’t give her audienca either because she took tha public for ! ride gn an issue that is too delicat` to play with.

Pastor Namutebi and others continue to claim that they Can cure HIV/AIDS in God’s name, other liberal pastors and clergy deny dhis claim although 4hey accept that miracles do h`ppen even in present times asthey did when Jesus waq on eapth. Lay people like us get éonfured As to whom we can believe. Are mhracles porsible today? If so, what typ` of miracles and who can and c`nnot perfgrm them? These a e pertinent questions Raised by most of us but we can’t get ready answers becatse the man himself (G/d) who would provide the answers has chosen to remain mum for over 10 million (or is it a billion years since he put hisfirst creation (Adam) on this planet. Our role is to only keep praying that God may one day come out to explain to the world in no uncertain terms about which religion is right and which isn’t.

In all the foregoing, some people have questioned the relationship that exists between human rights and religion. Why are human rights proclamations very silent as religion keeps eroding the rights of the most vulnerable? Don’t people have a right to be told the truth about which religion to follow? Which one is right and which one is false? The answer is clear. Human rights are in total agreement with God. We believe that God exists and is the sole giver of life. The life that God gives provides the person first and foremost with a soul, and morals. These two are the most distinctive features about the human race that gives man the capacity and intelligence to choose right from wrong.

What is not clear in human rights is which religion is true and which one is false. Human rights however go beyond Godly doctrines. The only difference between human rights and God is that whereas God prefers righteous people to inherit his kingdom, human rights are for all people irrespective of their sins. This forms the strongest points of human rights because on the basis of what we stand for, we believe that the world is better following God’s ways but it is best recognizing the fact that people who don’t know much about God should also be allowed to live a decent life while they are still on earth. The strength of human rights is again its greatest weakness, because it protects people who take others for granted like Grace Kashemeire. Hundreds of people who believed her testimony will never be compensated. The only way for those people to get back at Kashemeire is to decide to refuse to forgive her as per her request as this is well within their rights. She should be treated with the contempt she deserves. In the meantime, may we treat our fellow human beings fairly, because in there, lies true religion, I believe.

Thursday, February 14, 2008

GOVERNMENT TAKES BACK SEAT AS UNEMPLOYMENT LEVELS RISE

By Mutabazi Sam Stewart

On the eve of the New Year in 1991, President Yoweri Museveni addressed the nation on television and radio where he announced his government’s decision to fully liberalize the economy. The New Year 2002 therefore saw a complete shift from a market largely driven by the state to one that is controlled by private individuals and groups. The Structural Adjustment Policies (SAPs) were to follow later with a full backing of International Monitory Fund (IMF) and the World Bank. Privatization of all state enterprises was started in earnest and massive retrenchment was effected. As was expected, many people, especially those who were affected by job cuts reacted angrily to the decisions by government but those who were aware of globalization and its impact welcomed a liberal economy with open hands because they agued that development attained through state control and socialism was not sustainable in the long run.

Some of the people who were laid off during that period later went into private business and thrived while others, especially those who were used to the soft life provided by Civil Service found the new life hard to live. Some of these retreated to villages where they started a new life of subsistence agriculture while others continued to loiter around Kampala and accepted to live a not-so-dignified lifestyle contrary to one they had been accustomed to. In short, liberalization of the economy brought with it a mixture of fortunes for some people and challenges to others.

The first category of people who fully appreciate liberalization are those in government because it meant less work, less expenses and less commitment to improve the welfare of citizens as the case would be if they were still operating under a socialist or mixed economy. There is no doubt that the economy has grown considerably especially in terms of per capita consumption of goods and services. The other area where there has been marked improvement has been the housing and the automobiles sectors. The price of land within and around Kampala has jumped from an average of five million for an acre in 1992 to over 50 million shillings in 2007. The land in upcountry towns is steadily appreciating in value as well.

However in its quest to create a middle class of wealthy Ugandans, President Museveni’s government has left majority of people, mainly the peasants in extreme poverty. Universal Primary Education (UPE) which is the largest venture in terms of resources this government has undertaken since 1986 is not likely to bring in tangible results in the short run. Investment in physical social infrastructure such as roads, electricity and railways has not been given due attention. As such, the development by the private sector, especially in housing, has in an unprecedented manner, overtaken the social sector. For instance Kampala today boasts of some of the most beautiful houses comparable to those in developed countries, while the roads within the city are deplorable, to say the least.

Foreign Direct Investment (FDI) has been quite impressive, but without corresponding recruitment rates. Unemployment is threatening the well-being of the economy and the security of people especially educated. Many investments which are being licensed employ up to only 50 persons who are in most cases semi-illiterate too. Universities today bring on the job market up to 10,000 fresh graduates every year. Majority of these are unemployed for the first two to three years and those who can afford often go into private businesses. These businesses often do not survive beyond one year because of low capital invested, lack of managerial competence and unsustainability problems because the business is used as a source of income for the family even before it becomes profitable.

Privatization and liberalization are the best economic practices in the world today because they promote innovativeness, competition and offer better services and goods. But they are certainly not the best option for poor countries such as Uganda especially when they are not backed up by deliberate government support through strategic intervention mechanisms and systems.

Uganda’s entrepreneurial capacity is still lacking. And it will take a very long time to develop it up to required standards. If the current government sincerely believes in developing the country, it must spend its resources strategically in order to uplift the economy. Government being the largest spender must spend on priority areas which can act as a key starter. Bonabagagawale (wealth for all) programme is not likely to have a positive impact because; individuals will get to little money to start up businesses given the fact that the programme is going to be rolled out throughout the country at once.

Government must as a matter of urgency create a conducive national employment policy but at the same time massively invest in graduates who can potentially kick start the economy through meaningful entrepreneurial development and sustenance. Before this however, more resources must be committed to the development and maintenance of physical social infrastructure, namely roads, railways, water and electricity because these are the real driving force of the economy. The notion which has been over emphasized that people should be job creators and not job seekers doesn’t add up to much unless government does its role of helping them to create jobs.

The writer is a Human Rights Activist
Contact mutasamste@yahoo.com
Tel: 0772-882547

ONE OF THESE DAYS KAMPALA WILL GROUND TO A HALT

By Mutabazi Sam Stewart


Many cities in Africa face the problem of over crowding but Kampala’s traffic jam is undoubtedly getting out of hand. The situation is likely to get even worse because our planners and engineers are either sleeping or they think that the problem will solve itself in the long run. The most crowded city in terms of vehicles and human traffic in Africa is Lagos, the former capital city of Nigeria, with a vehicle population of over three million. Lagos is however more than ten times the size of Kampala.

In 1992 Uganda had 120,000 vehicles. In 2004, the number of registered vehicles had jumped to 465,574. By the end of last year the total number of registered vehicles was almost reaching 600,000. Of these 80% are based in Kampala and the surrounding areas. In March 2006, a total of 2,555 vehicles were registered, the highest that year. The average vehicles being licensed currently is about 2,300 every month and 100 every day. The reason why we have a lot of traffic jams is not because we have too many vehicles but because our roads are very narrow. They are like village foot paths. Where as importation of cars continue to rise, our roads almost remain unchanged. This is in addition to the fact that the roads are full of potholes.

Construction of new buildings without parking within the city centre continues unabated. Kampala’s Central Business District (CBD) which is about one Kilometer in radius, hosts up to 50,000 cars on a busy day. All these have to compete for parking space, human traffic, roadside traders, together with their merchandise, garbage and offloading trailers. Kampala has the narrowest roads you can find. One can ague that they were constructed a long time ago when cars were few. But even the new roads being constructed nowadays are not any different in size. The much hyped northern bypass, Wakaliga and Ggaba roads are so narrow, one may wonder what was going on in the mind of those who constructed them.

All the roads which bring in and take out traffic from the city are small that if, God forbid, Kampala caught fire, many of us would die in the inferno because we would all be fighting to get out using the available narrow roads. During morning and evening hours, all the roads that lead into and out of the suburbs have jams. Ntinda, Nakulabye, Gayaza, Bwaise, Nateete, Kabalagala, Makindye, Nakawa, Bugolobi, Namuwongo are all annoyingly jammed. Gone are the days when most people would shun to reside along Entebbe road because of the incessant traffic jams. Today, every area around the city has its fair share of traffic jams.

It takes an average of thirty minutes for one to get out of Kampala through all the major routes such as Bombo road, Masaka road, Ggaba road, Entebbe road and Jinja road. Perhaps the clearest show of incompetence and negligence on the part of our planners can be witnessed on two of our most important roads – Jinja and Entebbe roads. Because of their proximity to Kampala, in addition to being host to important installations namely power generation and an international airport, Jinja and Entebbe respectively experience a lot of traffic along their highways. The roads leading to these two towns are narrow as well. One would expect the two roads to have multiple lanes of up to six cars heading in each direction. Currently both roads have only one lane. No wonder there are too many accidents reported on both roads.

On Entebbe road, at the new Airport Road Hotel (Bwebajja), the proprietor has been allowed to construct a structure right next to the road. The same has happened on Jinja road where all the trading centres namely, Kireka, Bweyogerere, Seeta, Mukono etc are all built within the reserve of the highway. In the not so distant future, there will be traffic jam from Kampala up to Jinja and vice versa as the two towns continue to expand towards one another. The same will happen along the route of Entebbe.

One of the greatest achievements the Mayor of Kampala Al Hajji Nasser Ntege Ssebagala would have recorded during his term of office was if he had successfully relocated upcountry buses from accessing the city centre. Sebaggala’s idea of establishing bus terminals in the outskirts of the city where they could pick and drop passengers going and coming from upcountry was the best thing that was going to happen to Kampala in a very long time. He was however blocked by myopic and greedy politicians who were more interested in cashing in from their businesses in the short term. The politicians agued that Kikubo market which is the business hub of fast moving merchandise would collapse and that passengers would be inconvenienced in moving long distances to where the buses were to be relocated. How shallow their thinking was! The consequence of this has been a heightened human and motor vehicle traffic jams and almost total collapse of traffic movement around Baganda Bus Park and Nakivubo area. Passing through this area on any day, whether driving a personal car or walking tests one’s patience to the limit.

If the hotel which was to be constructed at former Shimon premises, together with Hilton hotel at former UBC premises had materialized, we would have had up to ten hotels within the vicinity of less than a kilometer from each other. The other hotels around this area are: Sheraton, Serena, Golf Course hotel at Garden City, Grand Imperial, Imperial Royal, Speke Hotel, Hotel Africana and a new hotel under construction near Centenary Park. I do not know why investors can not realize that most people prefer hotels which are far off from the hustle and bustle of the city. They prefer areas which are in a quiet setting. Common Wealth Resort (formerly Speke Resort) Munyonyo reaps big for hosting many international visitors because it is a distance away from the city centre. It seems Ugandans generally like squeezed places.

The problem of traffic jams require rapid expansion of transport infrastructure and radical thinking to meet the challenges at hand. Traditional thinking of constructing one lane carriage within the vicinity of the city need to be re-examined and new directions established to provide effective and sustainable transport system for current and future generations.

The writer is a Human Rights Activist
Contact mutasamste@yahoo.com
Tel: 0772-882547