MOSES PAUL SSERWANGA UGANDAN JOURNALIST/ADVOCATE

GADAFFI KILLING ILLEGAL WE SHOULD ALL CONDEMN IT

2011-10-23T05:22:00.000-07:00

As a human rights lawyer and journalist, I call upon the world to join me in condemning the illegal killing of Col. Muammar Gadaffi. The former Libyan leader was captured alive by the National Transitional Council (NTC) forces in Sirte and he was moments later executed and his body dragged on the streets. A postmortem carried out om his body has confirmed that he ded of a bullet wound o the head. The international law governing prisoners of war (POW) is very clear-it bars torture and illegal executions. If the NTC chaps as Ssabalwanyi would call them, have started their reign by resorting to the law of the jungle , it will be a matter of time when they too, will be faced with the same fate. The only positive I can take out of this is the fact that the UN has launched a full scale investigation in this grisly murder which was captured on camera and broadcasted the world over. I must also state that Nato, the USA , and all your allies , the world is watching. The culprits in Gadaffi’s murder must be brought to book- they must face the full force of law. There is no place for selective justice in the 21 century.

msserwanga@gmail.com

FIGHTING FOR OUR RIGHTS

2011-08-04T08:55:00.000-07:00

This is interesting
http://myfellowamerican.us/
My Fellow American
myfellowamerican.us
They are part of the national fabric that holds our country together. They contribute to America in many ways, and deserve the same respect as any of us. I pledge to spread this message, and affirm our country’s principles of liberty and justice for all.
8 minutes ago · LikeUnlike · ·

Free at last': South Sudan is world's newest nation

2011-07-09T07:17:00.001-07:00

THE 6th East African Nation BORN

Thousands of South Sudanese danced through the night to mark the first hours of their independence on Saturday, a hard-won separation from the north that also plunged the fractured region into a new period of uncertainty.

The Republic of South Sudan, an under-developed oil producer, became the world's newest nation on the stroke of midnight.

It won its independence in a January referendum — the climax of a 2005 peace deal that ended decades of civil war with the north.

Security forces at first tried to control the dusty streets of the southern capital Juba, but retreated as jubilant crowds moved in waving flags, dancing and chanting "South Sudan o-yei, freedom o-yei."
Image: Map of Sudan
snbc.com

After the sun came up, thousands poured onto the site of the day's independence ceremony — a possible headache for officials keen to guard dignitaries including the President of Sudan, the south's old civil war foe, Omar Hassan al-Bashir.

In a statement, President Barack Obama said he was "proud" to formally recognize the Republic of South Sudan "as a sovereign and independent state," NBC News reported.

A 'dream realized'
He recalled Martin Luther King reflecting on the first moment of independence on the African continent in Ghana.

"I knew about all of the struggles, and all of the pain, and all of the agony that these people had gone through for this moment," the president quoted King as saying.

Obama said that now, decades later, "we are moved by the story of struggle that led to this time of hope in South Sudan, and we think of those who didn't live to see their dream realized."

"Today is a reminder that after the darkness of war, the light of a new dawn is possible. A proud flag flies over Juba and the map of the world has been redrawn. These symbols speak to the blood that has been spilled, the tears that have been shed, the ballots that have been cast, and the hopes that have been realized by so many millions of people," he said.

Obama said many Americans had been "deeply moved by the aspirations of the Sudanese people, and support for South Sudan extends across different races, regions, and political persuasions in the United States."

Years of war have flooded South Sudan with weapons.
Story: Birthday wish: 'Lost boys' pin hopes on independent South Sudan

In a possible sign of the South's new allegiances, the crowd included about 200 supporters of Darfur rebel leader Abdel Wahed al-Nur, whose forces are fighting Khartoum in an eight-year insurgency just over South Sudan's border in the north.

The supporters of Nur's rebel Sudan Liberation Army faction stood in a line chanting "Welcome, welcome new state," wearing T-shirts bearing their leader's image. One carried a banner reading "El Bashir is wanted dead or alive."
PhotoBlog: Last few licks of paint for world's newest country

Traditional dance groups drummed and waved shields and staffs in a carnival atmosphere.

"I am very pleased," said Joma Cirilow, 47, his hand on his son's shoulder. "Do you want to be a second-class citizen? No, I want to be a first-class citizen in my own country."

'Join the nations of the world'
Christian priests in full robes blessed the ceremony site in central Juba where a large statue stood draped in a flag near the mausoleum of the south's civil war hero John Garang.

"Today we raise the flag of South Sudan to join the nations of the world. A day of victory and celebration," Pagan Amum, the secretary general of the South's ruling Sudan People's Liberation Movement (SPLM) told Reuters.

"Free at last," said Simon Agany, 34, as he walked around shaking hands. "Coming away from the north is total freedom."

North Sudan's Khartoum government was the first to recognize the new state on Friday, hours before the formal split took place, a move that smoothed the way to the division of what was, until Saturday, Africa's largest country.

THE COMMONWEALTH LAW MINISTERS MEETING TAKES PLACE IN SYDNEY WITH ISSUES OF DEMOCRACY AND COUNTER-TERRORISM TAKING CENTER STAGE

2011-07-07T07:07:00.001-07:00

BY MOSES SSERWANGA

The Commonwealth law ministers meeting takes place on Monday next to look at ways of strengethening laws that will promote democracy among the commonwealth countries including Uganda. Uganda has just held it's national general elections where president Yoweri Museveni was elected for a forth term in office.

The meeting, which will be hosted by Australian Attorney-General Robert McClelland, provides the opportunity for the First Law Officers of the Commonwealth of Nations to discuss law and justice issues of common concern, including counter-terrorism, crime prevention, human rights, access to justice and intellectual property as well as ‘Women as agents of change’.

A Ugandan, Ms. Elizabeth Bakibinga-Gaswaga, Vice President of the Commonwealth Association of Legislative Counsel (CALC), will lead the CALC’s delegation to the 2011 Commonwealth Law Ministers Meeting to be held in Sydney at the InterContinental Hotel from Monday 11 to Thursday 14 July 2011.

The international meeting under the theme: ‘Fostering a Just and Secure Society’ involves Commonwealth Law Ministers discussing and providing the strategic vision and direction on law and justice issues of common concern. In doing so, they will identify and drive the capacity building and technical assistance needs required by member states to promote the rule of law across the Commonwealth, in order to further enhance and strengthen democracy, good governance and development.

Representatives from more than 50 Commonwealth countries are expected to attend.

The delegates include Ministers and Senior Officials from Commonwealth member states, including Uganda’s Attorney General, Mr Peter Nyombi Mrs Robina Rwakoojo, Ag. Director Civil Litigation, Australia’s Minister for Home Affairs, Brendan O’Connor, the UK Lord Chancellor and Secretary of State for Justice, Mr. Kenneth Clarke, the Indian Minister for Law & Justice, Mr. M. Veerappa Moily and New Zealand’s Minister of Justice, Simon Power. The Commonwealth Secretary-General, Kamalesh Sharma will also attend CLMM and officially open the meeting. According to Mr. Sharma, “The Commonwealth Law Ministers Meeting is unique in the legal calendar. It is the only high-level event on the international stage that facilitates information sharing, best practice and collaboration among law ministers and attorneys-general from both developing and developed countries from every continent in the world who share a common legal tradition.”

The Meeting will be followed by the Commonwealth Heads of Government Meeting (CHOGM) in Perth in October 2011.

CALC has observer status with the Commonwealth and, at this meeting, the CALC delegation will endeavour to draw the attention of participants to activities and opportunities for interaction that enhance the visibility of legislative counsel and highlight the role of legislative counsel in transforming policy and programmes into enforceable legislation for good governance and development. This should specifically benefit the 250 legislative counsel in Botswana, Cameroon, Ghana, Kenya, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, Seychelles, Sierra Leone, South Africa, Swaziland, Tanzania, the Gambia, Uganda and Zambia. The meeting also serves as a pre-cursor to the 2nd CALC Africa regional conference scheduled to be held in 2012.

Official release from the Commonwealth Secretariat, also available at http://www.thecommonwealth.org/news/237933/040711clmm.htm

Commonwealth law ministers to hold triennial meeting in Australia

4 July 2011

Meeting provides a periodic opportunity, every three years, for ministers and senior officials to come together to stock take and look ahead

Law ministers and attorneys-general from the 54-member Commonwealth will hold their triennial meeting in Sydney, Australia, 11-14 July 2011, to discuss important legal issues affecting Commonwealth citizens.

Commonwealth Secretary-General Kamalesh Sharma and Commonwealth Deputy Secretary-General Mmasekgoa Masire-Mwamba will join host Australia's Attorney-General Robert McClelland for the Commonwealth Law Ministers Meeting (CLMM 2011) under the theme 'Fostering a Just and Secure Commonwealth'.

“CLMM 2011 will be an excellent opportunity for law ministers from across the Commonwealth to work together to advance a broad range of initiatives aimed at achieving this year’s theme of fostering a just and secure Commonwealth,” Mr McClelland said.

“There will be a special thematic session on cyber crime and further discussion on the development of a Commonwealth plan of action to combat human trafficking. Concrete solutions in these areas really matter to Commonwealth citizens in order to foster a just and secure Commonwealth for all,” stated Mr Sharma.

“The Commonwealth Law Ministers Meeting is unique in the legal calendar. It is the only high-level event on the international stage that facilitates information sharing, best practice and collaboration among law ministers and attorneys-general from both developing and developed countries from every continent in the world who share a common legal tradition.”

Akbar Khan, Director of the Legal and Constitutional Affairs Division at the Commonwealth Secretariat, offered more details on the conference.

“We are talking about those global threats for which collectively we need to find solutions. Today many of the legal threats don’t have borders. We’re talking about human trafficking, we’re talking about cyber crime, and we’re talking about forced marriages,” Mr Khan said.

“These issues need to be dealt with on a collective basis and ministers have that experience in providing the protection and security and respect for human rights that need to come to bear to decide these issues.”

A special feature of CLMM 2011 will be its focus also on youth, marked with an event for young lawyers from the Pacific region to promote youth mainstreaming within the Commonwealth and to discuss the challenges they face in the legal profession.

Another special event will focus on access to justice for women, under the Commonwealth’s theme for 2011, 'Women as Agents of Change'.

The women’s event will hear about the challenges that women in the Commonwealth face in accessing their rights through judicial mechanisms and legal systems.

The CLMM is the summit meeting of First Law Officers of the Commonwealth and is held every three years. This is the first time Australia has hosted the meeting, which is a precursor to the Commonwealth Heads of Government Meeting in Perth, Western Australia, in October 2011.

To access further information regarding CLMM, go to http://www.clmm2011.org/

For video sound bites of Mr Khan, visit the Commonwealth Secretariat website homepage http://www.thecommonwealth.org/

For media enquiries: Manoah Esipisu, Conference Spokesperson, +44 789 446 2021 and m.esipisu@commonwealth.int

PETITION OF CIVIL DEBTORS AGAINST INJUSTICES IN COURTS

2011-06-29T07:48:00.000-07:00

TO: THE CHIEF JUSTICE
FROM: LUZIRA CIVIL PRISON

PETITION OF CIVIL DEBTORS OVER EXCESSIVE INJUSTICES AT MAGISTRATE COURTS OF MENGO, NAKAWA, MWANGA II AND MAKINDYE WHICH WE REQUEST YOU TO INVESTIGATE AND ADDRESS.

WE OVER 53 CIVIL DEBTORS, AT LUZIRA CIVIL PRISON HEREBY HUMBLY PRESENT OUR PETITION TO YOUR LORDSHIP THE CHIEF JUSTICE OVER GRAVE MATTERS CONCERNING OUR CIVIL RIGHTS PERTAINING THE CONSTITUTIONAL RIGHTS TO FAIR HEARING AND NATURAL JUSTICE PRINCIPLES AS HERE UNDER HIGHLIGHTED:

1. UNFAIR SUMMARY PROCEEDING AND EXPARTE JUDGEMENTS IN RESPECT OF CIVIL DEBTS
(a). YOUR LORDSHIP WE HEREBY BRING TO YOUR ATTENTION THE ILLEGAL- MAFIA LIKE SYNDICATE AND CONNIVANCE BETWEEN MAGISTRATES, COURT CLERKS, LAWYERS, AND COURT BAILIFFS WHO HAVE TURNED THE ABOVE MENTIONED COURTS INTO MONEY MINTING MACHINES FOR SELFISH INTERESTS AT THE DETRIMENT OF LITIGANTS WHO ARE NO LONGER ACCORDED THE RIGHT TO FAIR HEARING /TRIAL AS PROVIDED FOR IN CAP.4 OF OUR NATIONAL CONSTITUTION.

HERE BELOW ARE SOME OF THE SPECIFIC INJUSTICES IN RESPECT OF THE EXCESSIVELY ABUSED SUMMARY PROCEEDINGS.

(i) YOUR LORDSHIP, CIVIL DEBTORS/LITIGANTS ARE NO LONGER SERVED WITH SUMMONS TO APPEAR AND FILE THEIR DEFENCE ESPECIALLY IN MATTERS CONCERNING SOFT LOANS OFFERED BY MONEY LENDERS AND BANKS AGAINST POST DATED CHEQUES AND LOAN AGREEMENTS.

(ii) IN MOST CASES AT LEAST FOR THE 53 PRISONERS NOW RESIDENT AT LUZIRA CIVIL PRISON, THE ARE SURPRISED AND AMBUSHED WITH ARREST WARRANTS ISSUED BY MAGISTRATES TO COURT BAILIFFS WITHOUT THE EXPARTE JUDGEMENT DEBTORS BEING OFFERED ANY OPPORTUNITY TO DEFEND THEMSELVES IN FAIR AND UNBIASED JUDICIAL PROCESSES AS ENSHRINED IN OUR CONSTITUTION.

(iii) YOUR LORDSHIP, WE YOUR HUMBLE PETITIONERS ARE PARTICULARLY CONCERNED AND SEEK YOUR IMMIDIATE INTERVENTION OVER THE ILLEGAL AND ERRANT BEHAVIUOR OF COURT BALIFFS WITH THE HELP OF LAWYERS IN CONNIVANCE WITH MAGUSTRATES TO HIJACK THE CONSTITUTIONAL JUDICAL COURT PROCESSES THAT HAS RESULTED INTO ALL MANNER OF INJUSTICES AGAINST LITIGANTS.

(iv) IT SHOULD BE BROUGHT TO YOUR ATTENTION THAT APART FROMM THE UNFAIR METHODS THROUGH WHICH LAWYERS AND COURT BAILIFFS SECURE WARRANTS OF ARREST AGAINST EXPARTE CIVIL JUDGEMENT CIVIL DEBTORS: THE COURT BAILIFFS WITH THE HELP OF SECURITY OPERATIVES NOW RAID PEOPLE’S HOMES, OFFICES, BUSINESS PREMISES, AND HURRIEDLY PRODUCE CIVIL DEBTORS TO THE ABOVE MENTIONED COURTS WHERE THEY ARE COMMITTED TO CIVIL PRISON WITHOUT BEING ACCORDED THEIR FAIR RIGHT TO A FAIR HEARING.

(v) THE SAID COURT BAILIFFS WITH THE HELP OF COURT OFFICIALS DO NOT ONLY DENY LITIGANTS TO BE HEARD IN A FAIR TRIAL BUT THEY ARE NOW CHARGING EXORBITANT FEES WHICH IN MOST CASES EXCEED THOSE OF ADVOCATES AND EVEN LOAN AMOUNTS OBTAINED. FOR EXAMPLE AN EXPARTE JUDGEMENT DEBTOR WITH A LOAN OF 500,000/= WILL BE PRODUCED BEFORE A MAGISTRATE ON A WARRANT OF ARREST AND COERCED TO ACCEPT AND PAY A PRINCIPLE SUM OF 500,000/= PLUS LAWYER FEES OF SAY 1,000,000 AND THAT OF BAILIFFS TO A TUNE OF 2.5M. AT THE END OF THE DAY YOUR LORDSHIP, A DEBTOR WHO OBTAINED A LOAN OF SHS. 500,000/= ENDS UP BEING FORCED TO PAY SHS. 4,000,000/= EXCLUDING HIGH INTEREST WHICH IS ALWAYS IN EXCESS OF 15-30% PER MONTH AND AT TIMES PER WEEK.

(vi)
YOUR LORDSHIP, IT IS VITAL TO NOTE THAT AFTER SERVING SIX MONTH AT CIVIL PRISON FOR FAILURE TO PAY THE DEBT, THESE COURT BAILIFFS CAMP OUTSIDE THE PRISON MAIN GATE AND RE-ARREST DEBTORS WHO ARE RE-COMMITTED TO CIVIL PRISON AGAIN WITHOUT BEING GIVEN CHANCE TO BE HEARD IN A FAIR TRIAL. IT’S OUR MOST HUMBLE PRAYER THAT YOUR LORDSHIP, INTERVEE IN THIS MATTER TO STOP THESE INJUSTICES WHICH HAVE RENDERED THE WOULD BE TEMPLE OF JUSTICE ,TO A MERE MOCKERY.

(v) UNLIKE IN THE CRIMINAL MATTERS YOUR LORDSHIP, WHERE THE ACCUSED PERSONS ARE ACCORDED THEIR RIGHT TO BAIL IN THE ABOVE HIGHLIGHTED SUMMARY PROCEEDINGS, LITIGANTS ARE NOT ALLOWED THEIR RIGHTS TO FREEDOM, TO A LAWYER, TO FILE A DEFENCE AND BE HEARD TO IN A FAIR TRIAL.

THESE INJUSTICES YOUR LORDSHIP HAVE EXTENDED TO ARREST WARRANTS AGAINST CIVIL DEBTORS BEING EXECUTED ON PUBLIC HOLIDAYS , AT NIGHT , WEEKENDS WHEN COURTS ARE NOT IN SESSION ALL IN TOTAL BREACH OF COURT PROCESSES AND RULES GOVERNING BAILIFFS AND CIVIL PROCEEDINGS.

IN SOME CASES YOUR LORDSHIP, LITIGANTS ARE DUMPED TO LUZIRA CIVIL PRISON WITHOUT COMMITTAL PAPERS AND MONEY FOR MAINTAINANCE AS PROVIDED FOR IN THE CIVIL PROCEDURE AND MAGISTRATES ACTS/RULES AND REGULATIONS.

THE ABUSE OF COURT PROCESS HAS REACHED A NOTORIOUS LEVEL THAT MANY OF THE DEBTORS AT THE CIVIL PRISON HAVE BEEN INFORMED THAT THEY CAN NOT BE RELEASED UNLESS WHEN THEIR BAILIFFS’ UNJUST, EXORBITANT FEES ARE PAID. INFACT NEGOTIATIONS TO RELEASE OR DETAIN CIVIL DEBTORS ARE LEFT BETWEEN THE MAGISTRATES AND COURT BAILIFFS. THE BAILIFFS ALSO MONITOR PEOPLES BANK ACCOUNTS WITHOUT COURT ORDERS AND IN TOTAL BREACH OF FINANCIAL INSTITUTIONS AND BANK OF UGANDA ACTS. THE COURT BAILIFFS WITH THE COVER OF MAGISTRATES AND HELP OF SECURITY OPERATIVES INCLUDING THE POLICE AND SOME PRISON WARDERS ARE BASICALLY TERRORISING UGANDANS.

WE ARE ASKING YOUR LORDSHIP WHO ARE THESE BAILIFFS AND ARE THEIR BRUTAL ACTIVITIES AT TIMES WITH THE HELP OF SECURITY OPERATIVES PROTECTED BY THE LAW? WE PROPOSE THAT AN INVESTIGATION BE INSTITUTED TO BRING THIS ABUSE TO AN END. WE FURTHER PROPOSE THAT SUMMARY /EXPARTE HEARINGS BE SCRAPPED AT THE MAGISTRATES COURTS AS CASE IS AT THE HIGH COURTS> WE ALSO PRAY THAT MEDIATION AND ARBITRATION BE INTRODUCED AT THE MAGISTRATES COURTS TO BE PRESIDED OVER BY UP_RIGHT JUDICIAL SENIOR OFFICIALS TO HANDLE COMMERCIAL DISPUTES INCLUDING CIVIL DEBTS TO ENSURE FAIRNESS TO ALL PARTIES INVOLVED. THIS PROCESS WILL ALSO GREATLY ELIMINATE CORRUPTION AND EXTORTION NOW BEING EXHIBITED AT THE SAID MAGISTRATES COURTS. COURTS SHOULD ALSO BE VERY STRICT TO FEES PAID TO BAILIFFS WHO WORK IN TANDEM WITH MAGISTRATES TO STIFLE JUSTICE AND ENRICH THEMSELVES .

AGAIN ITS OUR HUMBLE PRAYER THAT YOU EMPLOY YOUR HIGH OFFICE TO END THESE INJUSTICES IN THE WIDER PUBLIC INTEREST .YOUR LORDSHIP, WE THE UNDER SIGNED, YOUR HUMBLE PETITIONERS, ARE WILLING AND READY WITH OUR RESPECTIVE CASES FOR YOUR INVESTIGATION AND FURTHER NAME AND SHAME THE COURT OFFICERS AND THE BAILIFFS INVOLVED IN HE SYNDICATE IF ACCORDED THE OPPORTUNITY AT YOUR EARLIEST TIME OF CONVINIANCE.

FINALLY YOUR LORDSHIP, ITS OUR HUMBLE PRAYER THAT YOU TREAT OUR PETITION NOT AS AN EFFORT TO DEFEAT JUSTICE BUT WE ARE SEEKING YOUR INTERVENTION TO ASSURE THAT JUSTICE IS EFFECTIVELY ADMINISTERED FAIRLY AND JUDICIOUSLY IN THE INTEREST OF ALL THE PARTIES CONCERNED IN THE MATTERS RELATING TO CIVIL DEBTS.
- Show quoted text -
WE SO PRAY.

SEE ATTACHED THE NAMES OF YOUR HUMBLE PETITIONERS

C.C OFFICE OF THE PRESIDENT
C.C OFFICE OF THE VICE PRESIDENT
C.C OFFICE OF THE PRIME MINISTER
C.C SPEAKER OF PARLIAMENT
C.C MINISTER OF JUSTICE /ATTORNEY GENERAL
C.C INSPECTOR GENERAL OF POLICE
C.C INSPECTOR GENERAL OF GOVERNMENT
C.C HUMAN RIGHTS BODIES
C.C COMMISSION GENERAL OF PRISON
C.C REGISTRER IN CHARGE OF COURT BAILIFFS
C.C UGANDA LAW SOCIETY
C.C LAW COUNCIL
C.C MEMBERS OF PARLIAMENT
C.C FILE

NO. NAMES PRISON NUMBERS PHONE NUMBERS
1 ALBERT MAGEZI 089 0701851963
2 WAMBOYA ISMAIL 144
3. SSENKUSI PAUL 136.11 0772438742
4. ONYANGO HANNINGTON 142
5. KAKANDE MUBARAK 143
6. MWIJUKA BENSON 130
7. NTALE FELIX 052.11
8. MATOVU BENON
9. NYOMBI RAYMOND 124
10. MUKASA SAMUEL 131
11. BYAMUKAMA EDSON 422
12. NSUBUGA JOHNBOSCO 132
13. KALYEBOGA KITHENDE 090
14. SOLOMON K. MUSOKE 399/10
15. NSUBUGA MUSA 139-2011
16. KASULE JAMES 079-2011
17. MOSES BIKARA 133.11 0712803834
18. DAVID KATO 123
19. KALANZI RAPHAEL 107/2011
20. MUSOKE EMMANUEL 129/2011
21 DR. KOMA ISAAC MIKE 079/11
22. SEMPALA SULAIMAN 098/11
23. KYANAA FRANCIS 112/11
24. MATOVU BENON 0231
25. LUBEGA MEDDIE 033/11
26. KASAJJA ANDREW 034/11
27. KATONGOLE JOHN 121/11
28. MUKISA JOSEPH
29. BRAN JUMA 113/11
30. ZARIMOZA WALUSIMBA 122/11
31. MAYAMBALA R.S 095/11
32. KULOBA WILLIAM 063/11
33. MAGOOLA DAVID 127/11
34. SENFUKA FREDRICK 065/11
35. JAMES SEKYALA 117/11
36. AKIIKI MANSOOR 096/11
37. SALIM BBOSSA 100/11
38. TWEBAZE GODFREY 067/11
39. ELIAS NANUNGI 094/11
40. BISASO B 104/11
41. JACKSON KIRABILA 133/11
42. NSUBUGA ROBERT 070/11
43. OPOLOT FRANCIS
44. MOSES OKUMU RINGA 391/10
45. ASIIMWE NOEL 043/11
46. KARUNGI SAMUEL 007/11
47. WANYAMA GODFREY 007/11
48. DR. KOMA ISAAC MIKE 079/11
INFORMATION FOR THE TABLE BELOW HAS BEEN FORWARDED TO YOUR LORDSHIP’S ACTION

DEBTOR COURT MAGISTRATE LAWYER BAILIFF DEBTOR

GOVERNMENT MUST RESPECT FREE SPEECH AND MEDIA FREEDOMS

2011-04-30T02:10:00.000-07:00

This week the US government has protested the Uganda government’s alleged attempts to block communication on social media networks and live broadcast of the ‘walk-to-work’ protests.

The Deputy State Department Spokesman, Mr Mark Toner said in the statement that the US government was also concerned about the loss of life and continued arrest of opposition leaders by the security forces during the protests.

This follows several directives from the Uganda Communications Commission, the communications regulator, to several Internet service providers instructing them to block Face-book and Twitter networks for 24 hours during the protests that left five people dead.

The same body has also approached broadcasting houses and advised them to avoid live coverage of the ‘walk to work’ demonstrations against high fuel and other commodity prices. These actions deserve outright condemnation by all people of goodwill. Since in a democracy people should not use armed means to demand for their legitimate rights, the only platform left for them to express themselves is through peaceful demonstrations and the media.

Freedom of expression, the media and peaceful assembly are fundamental human rights and critical components of a democratic society. The government should respect these rights as granted to the Ugandan people by our national constitution in order to make public officials accountable.
Gagging the media and free speech can only inflame the situation and drive the dissenting voices underground. This is a situation that should not be allowed to manifest especially after we have had largely peaceful general elections. The issues for which people have reallied to protest are real and need the urgent attention of the government .
The high cost of living is unbearable for the majority of Ugandans. People can hardly live within their means. And they have now come out in a spirited show of solidarity to demand for government’s urgent intervention. This is the best civil manner in which people can express themselves.
The government, therefore, should not block these un-confrontational means of communication left for the people to channel their grievances. Our national leaders should instead listen and address the critical issues affecting Ugandans. Only then shall the country have peace.

The writer is a Journalist and Advocate of the Hih Court of Uganda

Makerere Should define its riorities

2011-04-16T01:25:00.000-07:00

Makerere University has asked government to approve a proposal to increase student’s tuition fees up from shs.3m to 6m per academic year. According to the Makerere university Secretary, Mr Muhwezi Kahunda, the increase in tuition fees is necessary because the expenses incurred at the university are very high.

For sometime now Makerere has been toiling with the idea of increasing fees but has faced strong resistance from both the students and the general public. With the liberalization of University education, the increased number of student enrolment and , introduction of many new courses one would have expected student fees to remain reasonable and affordable. Unfortunately this is not the case.

With the increased cost of living in Uganda today due to high fuel and other commodity prices , one wonders how parents will afford to pay tuition fees for their children at the university.

The proposed fees increment will have a significant disincentive effect on youngsters yarning for university education. The Makerere administration should ensure the right balance between enabling as many people as possible to get a degree and helping the university sustain its finances. When a middle level public servant earns estimated 15 million per annum in salaries and allowances how can they afford to send their children to Makerere.
And here is the irony. While the Makerere university claims to be short on money to fund its operations, they can afford at the same time, to buy a Land Cruiser VX, at shs. 360m for the vice-chancellor. Already the lavish life style of the top administrators at Makerere has attracted criticism from Dr Tanga Odoi, the Chairman of the lecturers’ association MUASA.
DR Tanga Odoi has stated: “ Makerere’s problem is not shortage of funds but the failure to understand our priorities.” He is spot on. The hypocrisy of those charged with the management of our public institutions must be stopped.
And in this case, Makerere University administration must fully explain the resources needed to maintain the institution’s national , regional and global status and offer the very best student experience without fleecing the unsuspecting public. Makerere should not be given a blank cheque when its vast resources are not put to proper use.

SAVE THE UGANDA MUSEUM

2011-03-10T01:37:00.000-08:00

There is disheartening news that one of Uganda’s cultural heritage centers – the National museum will soon be no more. It has been reported in national newspapers that the home of the only remaining national museum will be demolished to allow the construction of a 60-storey office block for the Ministry of Tourism, Trade and Industry. What a travesty.

But it's no surprise that government officials can take such a decision given that the Uganda museum is one of those important national institutions that have been neglected for rather to long. The structure that houses the museum was designed by a German architecture Ernst May more than 60 years ago to suit the purpose of the institution.

Thefore, apart from being a national historical monument , the museum houses a collection of historical artifacts and is a source of information on well over 650 cultural heritage sites dotted across the country. What this means is that the national museum is a center of learning about life, culture and heritage of the people of Uganda.
Dr Ephraim Kamuhangire, the former commissioner for Museum and Monuments and curator of the now dilapidated national museum is one of many Ugandans who are disappointed that nothing has been done to upgrade the institution-the only remaining national reference center on our cultural heritage.

Dr. Kamuhangire has noted that due to lack of funding , the Uganda museum has lost its place as the best in the East and Central Africa region. Uganda still needs this institution and every effort should be made by all concerned parties to protect its existence for the benefit of the present and future generations.

The idea of demolishing this historical monument must be scrapped and in its place plans are made to upgrade the museum to capture and reflect the country’s cultural and socio-economic transformation over the years. All advanced societies have preserved these institutions because of their unique and important functions in collecting scientific, educational and methodological works that seek to enhance the sense of national identity .
Government must therefore, support the role of the Uganda national museum to increase and preserve our cultural heritage, from the nation´s earliest settlement through to the modern day.
Its at the national museum that the past meets the present.

SATURDAY AND SUNDAY MONITOR
EDITOR
ADVOCATE OF THE HIGH COURT OF UGANDA
msserwanga@monitor.co.ug
msserwanga@yahoo.com
msserwanga@gmail.com
msserwanga.blogspot.com
+256772434677

THE ELECTORAL COMMISSION SHOULD DO THE RIGHT THING

2011-02-18T04:13:00.000-08:00

MS
Millions of Ugandans have turned out to cast their votes in yet another historic general election that is likely to change the political landscape of the country. The presidential campaigns have been innovative and unprecedented as the candidates embraced the fast changing dynamics in communication especially the social networks.

Just last week the first ever mayoral debate was successfully organsised by Monitor Publications Limited and Nation Television (NTV) at Serena hotel in Kampala. Even the most critical opposition candidates at all levels can attest the fact that overall ,the campaigns have been peaceful thus far.

Now the day of reckoning has arrived and as the Electoral Commission readies to announce the results and the eventual winners, let the people’s will prevail. The Ugandan people have made their choices and their decisions at the polls should be honoured.. Elections are a celebration of every citizen's fundamental right to vote and must be respected by all.

It's encouraging that the campaign process has been conducted in a calm and peaceful manner . we now call on all political actors, particularly the candidates to maintain a high level of integrity in the electoral process, and respect the responsibility of managing the elections by the Electoral Commission.

It’s was also prudent for the Electoral Commission, the Uganda Police Force, and Uganda Media Council to generated agreed guidelines and codes of conduct for law enforcement officials and the media during the elections. It is hoped that strict adherence to the governing laws of the country will ensure that the outcome of the electoral process is legitimate and acceptable by all parties and citizens.

But the Electoral Commission, should ensure transparency in the way the votes are counted and the results released to the public. They should ensure that the ballot boxes are not tampered with especially after the votes are tallied at the polling centers.

The results should be released expeditiously in order not to create any environment for suspicion. And all Ugandans should be prepared to accept the outcome of the polls whether our respective candidates have won or not . In other words the t the country should remain united whatever the out come of the polls.

MPS: Court erred in interpretation of the law

2011-02-11T00:16:00.000-08:00

As we approach the final lap in what has truly been a grueling campaign period , the Constitution Court has thrown the proverbial spanner in the works by declaring the nominations of members of parliament who did not resign their seats before joining parties other than those for which they were elected MPs unconstitutional.
A legal assessment of this judgment handed out by a Coram of 5 judges of the Constitutional court shows that their justices applied the strict and literal interpretation rule when they considered the meaning of article 83(I) (g) (h) of the constitution.

The article provides that a member of Parliament shall vacate his or her seat in parliament if the person leaves the party for which he or she stood as a candidate for election to Parliament to join another party or to remain in parliament as an independent member.

This particular provision is a recent addition to the constitution to cater for the complex issues of independents and errant MPs who cross party-lines in the course of their tenure. Indeed in the 8th parliament there are some 70 MPs who fall in this category and are directly affected by the Constitution Court’s ruling.

But with due respect to the learned judges of the court, their interpretation of the meaning and application of article 83 was right in some respects but flawed in others. For instance the judges are right to hold that MPs who cross from one party to another must first vacate the seats for which they were elected as per the provisions of the constitution. This principle of the law also applies to independent MPs who have since joined parties of their choice before vacating their seats as independents. But because the term of the 8th parliament has come to an end and because the law (the constitution judgment is Law until otherwise quashed/reversed by a superior court) the errant MPs can only be compelled to refund the emoluments earned from the date when they illegally crossed party lines.

On the other hand, however, the Court erred in law when it extended the application of article 83 to the nominations of MPs for the next parliament.

It’s clear from the wording of the provisions of article 83 that it’s application is limited to the term of every seating parliament and therefore cannot be extended to the next Parliament which is even not yet constituted.

The candidates for seats in the next parliament therefore need not to resign as per article 83 as declared by court.' Otherwise how can one resign from a parliament that is not yet in existence?

In fact by operation of the law once a member of Parliament is nominated to contest seats in the next parliament their term as MPs should automatically expire. The sad thing, though, is that the law is silent about the transition period between nominations and when the next Parliament is inaugurated in May.
The learned judges again erred in law by interpreting article 83 in isolation of other provisions of the constitution especially article 72 which allows people to contest for elective positions on any political party platform they so wish.

One of the core principles of constitutional interpretation is that the constitution should be ready and interpreted as a whole. I hope the Supreme Court will revisit some of the contradictions in the Constitution Court ruling and settle the issues in clear terms.

Writer is Journalist and Advocate of the High Court of Uganda
msserwanga@gmail.com

Optic fibre Internet project is long overdue

2011-02-10T06:43:00.000-08:00

Optic fibre Internet project is long overdue

BY MOSES SSERWANGA
One of the major challenges Uganda is facing today is the slow speed of the Internet or absence of the service in most parts of the country. Unlike Rwanda where the authorities are determined to ensure that our neighbours become an ICT hub in the region, in Uganda no serious efforts are being made to challenge this competition. The UN has established that there is a direct link between the spread of Internet and economic growth. The International Telecommunication Union found that every 1 per cent increase in Internet penetration results into a $593 (about Shs1.4million) increment to GDP per capita.
Indeed its very encouraging that one of our leading universities - Makerere - through the Faculty of Computer Science has taken the lead to not only train students but also develop software solutions that can be suitably deployed to address many technological challenges that face the country. It can thus be argued that Makerere’s contribution to the development of the ICT industry will to a great extent help Uganda to remain at the same level or even exceed other players in the region like Rwanda. It should also be noted that Rwanda is set to establish “on-line Campuses” throughout the country to benefit an estimated 50,000 students in higher institutions of learning.
This will not only allow almost all students in Rwanda to attain higher education but it will also significantly reduce on the cost of education. There are a number of bottlenecks to Uganda’s development of the ITC industry and the major one being access to the Internet.
The optic fibre cable project being implemented by a Chinese company - Huawei Technologies Company - has been slowed down by disagreements over cost and quality of work . These issues need to be sorted out because its the fibre cable network that will allow Internet providers to spread these vital services to most parts of the country. It’s claimed that Rwanda paid to Korea Telecom and Horizon $38 million to cover a distance of 2,300km as opposed to $61 million paid by Uganda for 2,100km.
Yet according to Rwanda ICT Framework presented by the Rwandan Minister in the Office of the President in charge of Science and Technology, Prof. Romain Murenzi, the country’s National Broadband was to cost $66 million for a distance of 2,300km and not $38 million.
Therefore, Rwanda is spending $66 million, out of which $38 million is for equipment and the rest for civil works. On the other hand, according to the agreement between Uganda and Huawei, government is investing $61 million for a distance of 2,118.6km including the fibre construction with 28 transmission sites and two protective rings. The component will also have access to 28 government departments and network security system. The other investment of $44 million, which brings the total cost in Uganda to $106 million, is for E-Government infrastructure.
Looking at the Uganda-NBI project Investment Comparison analysis with that of Rwanda, its clear that the unit price of the Rwandan project is a meagre variation and yet the Uganda project covers more components. These development projects which are vital for the provision of essential services to the majority Ugandans need to be supported to make us competitive in the global market.
It is encouraging that after wide consultation involving the ICT ministry, the national information technology authority, MPs and Huawei Technologies, members of the parliamentary committee on information technology have okayed government to go ahead with the second phase of the Optic fibre project to speed up the process of extending these services to the countryside where the majority of Ugandans live. The Committee chairperson, Mr Nathan Igeme Nabeta has rightly noted that the more time the cable lies incomplete the more Uganda will lose .

The writer is a journalist and an advocate
msserwanga@gmail.com
+256 772 43 46 77

MEANING OF THE CONSTITUTIONAL JUDGEMENT ON INDEPENDENTS

2011-02-01T09:18:00.000-08:00

MEANING OF THE CONSTITUTIONAL JUDGEMENT ON INDEPENDENTS

BY MOSES SSERWANGA

Problem is the learned judges of the Constitutional Court, have made a strict and literal interpretation of article 83(I) (g) (h) which provides that a member of parliament shall vacate his or her seat in parliament.

(g) if the person leaves the party for which he or she stood as a candidate for election to parliament to join another party or to remain in parliament as an independent member

Much as this article is a recent addition to our constitution to take care of the complex issues of independents, It doesn’t specify whether it's application is limited to the present or the next parliament. In my view article 83 is limited to the current parliament and not the next .

And if that's the case , my interpretation is that this article doesn’t apply to nominations for seats in the next parliament - people are free to switch alliances or move from one political party to another or more still stand as independents because they are contesting for seats in another parliament and not the present one. The candidates for seats in the next parliament therefore need not to resign as per article 83 as declared by court.

The learned judges again have erred in law by interpreting article 83 in isolation of other provisions of the constitution especially article 72 which allows people to contest for elective positions on any political party platform they so wish.

One of the core principles of constitutional interpretation is that the constitution should be ready and interpreted as a whole.

Another issue is that the judges have not addressed themselves to the transition period between nomination and swearing in of the next parliament.

Writer is Journalist and Advocate
msserwanga@gmail.com

KILLING BABOONS A BLOW TO ECO_SYSTEM

2011-01-29T01:11:00.000-08:00

Early in the week Daily Monitor published images of some 30 baboons, which were killed by the Luwero District vermin control officials. This was after the District authorities made a unilateral decision to carry out the mass extermination of the animals which were said to be destroying food crops in Kamira sub-country .

But according to the Uganda Wild Life Act , the ownership of every wild animal and wild plant existing in its wild habitat in Uganda is vested in the government on behalf of, and for the benefit of, the people of Uganda.

The law cited above provides that an animal can only be declared a vermin on the advice of the executive director of the Uganda Wild Life Authority (UWA) and a declaration has to be published in the Gazette and local newspaper having wide circulation in the areas affected.

And where the animals are of value, like in the case of the Luwero baboons, the executive director is mandated under the law to advise the local communities and recommend the appropriate methods for taking the animals away.

Apparently, the enthusiastic Luwero district vermin control officers did not seek technical guidance from the UWA before they killed the more than 30 baboons .

They also did not take into consideration an agreement between UWA and the districts of Luweero, Nakaseke and Nakasongola which is meant to provide guidance on how the mentioned areas can benefit from the wildlife in their areas. It’s amazing how some of our public officers are in a hurry to devise knee-jerk solutions to complex issues.

A UWA spokesperson has stated and rightly so, that although baboons are vermin and can be destructive, killing them indiscriminately is against the law. It’s prudent that the public should support professionals who are charged with the work of ridding society of dangerous animals but they should execute their duties in accordance with the law.

Uganda is privileged to have a variety of wildlife including baboons, which certainly add to the biodiversity of our country’s eco-system. Instead of killing these animals, the vermin control officers should have coordinated with the UWA to have them relocated or exported to countries which don’t have the opportunity to own such wildlife. The country would in the end have generated revenue for the sustainable use of our wildlife for the benefit of both the present and future generations.

The writer is an advocate of the igh Court of Uganda
anmd Editor of Sunday and Saturday Monitor
can be reached on
+256 772 43 46 77
msserwanga@gmail.com
msserwanga@yahoo.com

MAKING SENSE OF PROPOSED MEDIA LAWS

2010-12-08T01:03:00.000-08:00

BY MOSES SSERWANGA
The government is proposing a new regime of laws in amendments to the existing media laws- that will add more restrictions to the already delicate media environment in Uganda. Legal experts and media practioners see the new proposed media legal regime as being targeted to beat the media into line ahead of the 2011 elections.

Despite its acclaimed popularity, the NRM government has always been wary of free and independent media. But for all the government’s unconstitutional maneuvers to curtail free speech, the draconian proposed amendments should not even be given a hearing even in our national parliament .

This is for the simple reason that government’s resolve to beat the media into submission does not rhyme with democratic values. It also against the universally accepted legal and moral principles that allow individuals the inherent right to freedom of speech and expression. The same principles apply to the media because a free press is very important in a democratic society to guard against the excesses of the state or government presided over by elected leaders.

Constitutional and media experts have argued that if the amendments are passed as drafted ,they would restrict freedom of expression in Uganda and impede the ability of journalists and media outlets to fulfill their democratic roles by imposing unnecessarily onerous registration and licensing requirements on both the print and electronic ,broadcasting media. The Constitution of Uganda in articles 27,41, provides that the people of Uganda have the right to express themselves freely and access information. These rights as stated in the constitution are inherent to the individual and cannot be granted by the state.

But the proposed laws contradict these provisions of the constitution. For instance under the proposed amendments , newspapers are required to apply for annual licensing . But worse still, Media Council , the regulatory body , is given broader powers to withdraw licenses at will if it deems the actions of the media house to “undermine national security, stability, or unity,” and are “against Uganda’s foreign relations, and the country’s economy”.

These are contestable constructs that would have to be defined clearly and narrowly if they are to pass the constitutional test for imposing limitations on right to freedom of expression. Requiring the annual licensing of newspapers by the Media Council puts undue burden on the profession and on the industry, thereby restricting the public’s broader right to freedom of expression and access to information.
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And giving the Media Council the absolute discretion to define those terms as a condition for renewal of a license or as a basis for penal action would make the regulator an absolute determinant of what should constitute media content. This amounts to a “substantive restriction” on freedom of expression as stated in constitutional and supreme courts leading precedents.

In the land mark Supreme Court case of of Charles Onyango- Obbo and Andrew Mujuni Mwenda vs. Attorney General (AG) court stated: @ It’s difficult to imagine a guaranteed right more important to democratic society than freedom of expression. Indeed , a democracy cannot exist without that freedom to express new ideas and to put forward opinions about the functioning of public institutions.” Court emphasized the fact that press freedom and the individual’s right to express ideas and thoughts freely cannot be suppressed unless the situations created by allowing the freedom are pressing and the community interest is endangered. This means that the anticipated danger to national security and public order should not be remote, conjectural or farfetched.

However it should be noted that in Uganda and with the new proposed amendments , the government continues to treat press freedoms as a matter of strategic public bluster and not a constitutional guarantee. This is because the state functionaries are averse to public criticism because of the sometimes, irrational and, in some cases, undemocratic manner in which they run government.

But the primary objective of freedom of expression is to empower people to participate in decisions that affect their livelihood. And this empowerment cannot be over-emphasised especially now that we are heading into the general elections. This is especially true in the context of the forthcoming elections where candidates seeking elective national political offices should address the issues that are central to the Ugandan public.. In other words, freedoms of speech, expression and the media are intended to promote accountability and transparency in governance.
In the same Supreme Court case cited above , the learned judges cemented this principle of the law by stating that “ in a free democratic society it is almost too obvious to need stating that those who hold office in government and who are responsible for public administration must always be open to criticism. Any attempt to stifle or fetter such criticism amounts to political censorship of the most insidious and objectionable kind.

But a democracy means that there will always be two or more competing views- political and otherwise- to allow those who are governed the freedom to make a free choice on how they should be led. The media is just a vehicle by which these democratic ideas are conveyed. The proposed amendments therefore go against the wisdom of the court judgment in the Onyango Obbo case.

And on the balance, government has the largest share of the media platform in this country. By having a national radio and television network with the widest reach, and owning majority shares in the Vision Media Group that boasts of two daily newspapers, regional publications s and a string of radio stations, the government far outcompetes its political rivals in having its political philosophies and policies disseminated to the masses.

In any case, governments all over the world can only sell their policies to the public and the media for support. They can force public or pro-government media to toe the official line to manufacture consent but they cannot force the audience to buy those policies wholesale.

And one wonders why government is pushing for the amendments just months to the general elections when there is already a broad legal regime to govern the media in this country. The Press and Journalists Act and the Electronic Media Act are laws which provide for regulation of journalists in practice and set ethical standards for their conduct. These laws were enacted after consultations with all the stakeholders who included among others , government officials members of parliament on the parliamentary legal committee, the civil society organizations , the public, journalists and managers of media houses.

The existing legal framework governing the media laws also put in place disciplinary procedures and measures that can be taken against errant media and journalists. The problem is that the state has done very little to enforce these laws to ensure fairness on part of the media and the aggrieved public.
And when they have chosen to apply the provisions of the law the enforcing agencies, in this case , the Media and the Broadcasting Councils have done so -albeit selectively and on political instigation. And their decisions have been generally outrageous. In the recent two cases of State vs Red Pepper in the Gaddafi-Tooro Queen Mother case and suspension of journalists and closure of radio stations following the September riots- the accused persons and management of the closed radio station where never given a hearing. Thus the principle of fair trial and rule of natural justice which allows for an accused person to be heard before an impartial tribunal were never followed. All this was in fragrant violation of the national constitution.

No wonder there is been continued agitation since the bloody September riots for the opening of the Central Broadcasting Station and Buganda privately owned radio. Government on October 22 agreed to re-open the radio without any conditions after almost 11 months since it was closed down. The closing of the station led to loss of jobs for many young people and deprived the public of virtual information needed to make informed decisions. The country does not need to go back to these dark days since neither party in the CBS case has gained anything in the radio’s being off air for this long.

The law should be employed to protect the public good and not political ambitions of a few in leadership. The are also other laws that impact on the work of journalists in a negative way and could be invoked by the state especially in the coming general elections. These include the Anti-Terrorism Act and the Access to Information Act. Under the Anti- Terrorism Act, there is a lacuna( legal gap) about the definition of who a ‘terrorist’ and ‘publication’ is . This lacuna in the law is a cause of serious concern among the media professionals in the country, largely because many government officials including President Museveni have in the past openly equated journalists to rebels or labeled them government enemies.

But more disturbing is that the law hands out the death penalty to journalists found guilty of publishing or airing information or material deemed to promote terrorism. The death penalty which is still protected by the country’s constitution, leads to self censorship among journalists who may fear to be convicted for alleged publication of material that the state may deem to be promoting terrorism.
On the other hand the Access to Information Act , unnecessarily gives enormous powers to a public servant not to release information in the custody of the state if he/she deems it to be prejudicial to ‘national security’. And there are already cases where this power has been abused. In the case of Charles Mwanguhya and Angelo Izama vs State and now being heard in the constitutional court, government refused to release the oil contracts after the two journalists applied for the information under the provisions the Act. The government officials invoked the powers given to them under the Act to decline the release of information by citing ‘threats to national security’. Some of these laws therefore, need to be revisited and the repugnant sections repealed.
It’s also encouraging that the Uganda Newspaper Editors and Proprietors Association has rightly and promptly objected to the state machination’s to gag the media. In their recent statement the association has called for dialogue between the government and the media to allow the regulations that will not impinge on the fundamental rights of press freedom and the freedoms of free speech and expression.

It’s a fact that journalism is no easy task at the best of times- especially when questions are raised about the workings of journalists and the capacity of the media especially those outside the realm of government- to provide accurate, reliable and timely information on the conduct of those who are in charge of running the government.

The role of the media in a young democracy like Uganda is very crucial in highlighting and exposing the wrongs and excesses of government officials and the widespread corruption in public service.

And while media firms and journalists’ groups like UNEPA should promote higher professional standards among journalists, it’s also the duty of the press as the 4th estate to expose abuse of power by those who are in authority. This the watchdog function, which is a true democratic mandate of the media.

It’s now an accepted international legal norm that a free media is essential for creation of democratic societies. This is a universal and fundamental right.

It is pertinent to point out at this stage that the government maneuvers to gag the media through legal and other means is inconsistent with the rapidly changing media technologies. Its strategy to target formal media ignores the new media which has proved far more widespread than earlier believed.
The advent of digital reporting, text news messages and global phenomena of the dot-com journalism and citizen journalism has changed the speed and reach of news.
The total newspaper daily print run in Uganda is less than 100,000 copies. But there are six million mobile telephone subscribers in the country. Any news that government would wish printed can easily be circulated over the phone to six million Ugandans.

But in Uganda the government continues to treat press freedoms as a matter of strategic public bluster and not a constitutional guarantee. This is because the state officials are averse to public criticism. This is because of the way some state operatives employ unconstitutional means when dealing with journalist or where individual rights are freedoms are abused.

Cases have been recorded where security officials harass, beat and lock- up journalists for a mere spoken or written word. The ideal would be for government to use its vast media outlets to make counter arguments or clarifications, or even follow legal channels to counter the media.
The government has a legion of well paid media and public relations advisers and strategists it can use to counter the alleged falsehoods peddled by the “errant” private publications through public sensitisation and provision of the correct information without resorting to macho maneuvres against journalists.

It is a contradiction in terms for state officials to intimidate the media and at the same time brandish democratic credentials. A vibrant and free media environment is but the hallmark of civil liberties.

There is no denying that the media practitioners have to act responsibly. It’s also true that some elements in the media are guilty of partisanship, corruption, lack of professionalism due to little or no professional training. But these shortcoming should not be the basis for government censorship. Rather the government should encourage more self-regulation and better training of journalists.

There is an elaborate appeal process right up to the Supreme Court and better still the aggrieved public can sue to recover damages and be compensated for the wrongs suffered at the hands of journalists. The state therefore has no justification nor constitutional authority to arrest journalists and have their houses ransacked for purported crimes not recognised under our constitution.
It should be argued that from the above highlighted cases its clear that the increased criminalization of misdemeanours, and increased sanctions against the media have created a situation where security officers exceed their mandate when dealing with perceived media offences.
And some of the provisions of the law governing the media in this country including the proposed amendments are largely aimed at muzzling free speech and expression rather than guaranteeing it with reasonable provisions. In this situation, security officers do not consider it their duty to protect media freedoms but come in only to curtail them.
More anti-media laws mean the State no longer considers media vital in exposing rot in its systems, hence lack of political will to tame vices like corruption and abuse of office or even possible electoral malpractices in forthcoming elections.

We should not allow this practice to take root or to be perceived to be the norm because without a free media and without allow for divergent critical views ,the country’s young and fragile democracy will only be doomed to fail.

A media strategy that encourages intellectual discourse, openness on part of government, dialogue and tolerance for divergent views will go a long way to grow our democracy. Gagging the media is not a good idea and it won’t work.

The media being the last frontier to realising civil liberties should never give in to state patronage let alone harassment.

The writer is the Monitor Weekend Editions Editor and Advocate of the High Court of Uganda.

This article was this month published in the Uganda Media Review journal published by the Uganda Media Development Foundation and funded by Konrad Adenauer Stiftung. All rights reserved.
msserwanga@gamail.com or msserwanga@yahoo.com
msserwanga.blogspot.com

UGANDA MUST EMBRACE THE E-GOVERMENT MODEL TO DELIVER BETTER SERVICES

2010-08-24T07:35:00.001-07:00

By Moses Sserwanga
Parliament has this year created more than 20 new districts bringing the number of
the local administrative units to an unprecedented 119.
Uganda is one of the smallest countries in Africa with more districts than any
other country on the continent. Algeria, Sudan and the Democratic Republic of
Congo are the largest countries in Africa but each has less than 60 districts.
DR. Congo has 41 districts, Sudan 54 and Algeria only 34 districts.
This has certainly placed great strain on the limited physical and human
resources with some districts having hardly any competent technocrats to run
them. Another area of our public life that has been affected by the
proliferation of districts in this country, is the coordination of both
policy and institutional structures.
Although there have been efforts to develop and reform the decentralisation
programme with government considering a more advanced approach to public
administration through the E- government project, no tangible- positive results
have been realised that far. The E-government system installed by a Chinese
company Hauwei to help ministries coordinate their activities without
officers necessarily moving places, has not been optimally utilised .
Often the craze for new districts has been driven by political imperatives
without sustained planning to take into account the costs and what it takes to
deliver quality, adequate and timely services to the majority rural poor.
That’s why government should fast track the implementation of the E-government
programme .
E- government is a revolutionary concept that has given public administration a
new meaning in some of the more advanced countries like China. In china
alone ,the E-government model has helped transform local administration -
enabling improved coordination between the central , provincial and local
administrative units .
The successful example of this model can be borrowed from China’s western
mountainous province of Chengdu where a standard service oriented
E-government was created just six years ago and its now serving between 2-3
million people a year.
With this model, the central and provincial governments are in position to
speedily coordinate the operations of 43 ministries at a one stop center . For
instance if you are a foreign investor and you want to set up business in
Chengdu city , you don’t have to run from one ministry to another. All you need
to do is visit the Chengdu E- government service facility with highly
centralised service windows to address almost all people’s needs at reduced
cost and time.
This has created transparency, led to reduction in administrative costs and
red tape-ensuring a good business environment that is the hall mark of china’s
tremendous economic growth. With the e-goverment model the public is in
constant touch with the local administrators to determine public policy and the
pace of social and economic advancement. Public servants are monitored
through CCTV to ensure that they report for duty on time and attend to public
affairs with a professional tenacity that allows the Chinese people to work 24/7.
This approach is also quite significant because its has altered democratic
governance as it traditionally constituted - making nonsense of the quest by
any public servant / politician to make arbitrary decisions without the
approval of the people governed.

It has also opened up space for the leaders at all levels to exercise
creative policy engineering often needed to lift the economy . This can
perhaps explain why china , only this week ,became the second largest
economy in the world effectively overtaking Japan the hitherto, perennial
occupier of the number two position after the United States of America.
Now that our leaders are hell bent at creating as many districts as they can
possibly be, let them at least embrace the E- government model to scale down on
the costs of public administration and provide quality services to the people
in reasonable time.

The writer is a journalist and advocate

UGANDA -CHINA TIES ARE THEY BENEFICIAL FOR OUR COUNTRY

2010-08-24T07:26:00.002-07:00

Moses Sserwanga interviewed Uganda's ambassador to China about the economic ties between the two countries now that China is the second largest economy in the world
excerpts below:

Can you give us an overview of the economic relationship between China and Uganda?

The relationship between China and Uganda is good. We engage in the private sector, commerce, trade, investment and government projects. The e-government project in Uganda is one of the several projects supported by China with $106million under concessional loan arrangement. Other projects include: a hospital of 100 beds, which is being built at Naguru, Kampala, an agricultural technological demonstration centre, aqua-culture and a fish farm which is being built at Kajjansi. Also inclusive is a government complex, a twin building which is being constructed adjacent to Parliament, the former Criminal Investigations Department Headquarters among others.

What are the trading ratios and Chinese investments in Uganda this year?

Trade volumes have been growing. In 2006, trade volume between China and Uganda was $170 million and we are now in excess of $300million.

What are the major exports to China?
At the moment, it is cotton, hides, skins, coffee and fish.

In terms of Foreign Direct Investment how has Uganda benefited from China’s tremendous economic growth?
According to Uganda Investment Authority records, Chinese companies are the leading investors in Uganda at the moment. I do not have the exact figures though.

What is the latest about the National Back Bone Infrastructure knowing that internet is now a major factor for development and then the e-government project where a Chinese company Hauwei is providing software systems?
The first phase of the project was largely to improve communication coverage within Kampala, Entebbe and Jinja for purposes of successfully hosting Chogm. The second phase is to cover the broader area of Uganda beyond the three towns and eventually to cover the whole country and ultimately the 3r 3rd phase is to cover the component of e-government.

How was the NBI and e-government project supposed to work in areas where there is no electricity?
In terms of the e-government project in Uganda, there are two aspects to it. One, the usage, the ability to use and the desire to use. This is a new project. It is supposed to go up to the sub-county level. Depending on whether those people in the offices at the sub-county would wish to use these facilities. There is the issue of facilitating the infrastructure that is put in place in order to increase the utilisation of the e-government which will help to provide good environment for investors and businessmen. It will cut down on the red-tape and corruption. The government is handling its part, which is to provide electricity to various locations. There is a programme financed by China for development of solar energy, late this year or next year targeting electricity deficiency in the remote areas.

It is alleged that shoddy work was done on the NBI, what’s your response?
If somebody says shoddy work was done that is a subjective statement because I believe this was a big project and there were set standards, set specifications and set quality outcomes. To say shoddy work was done there must be an evaluation done by some authority and the same authority must have determined that shoddy work was done. To the best of my knowledge no competent authority came up with report to say Huawei did shoddy work. It was speculation by different people.

Ingrained in the contract, there were set standards. Somebody must have proved that Huawei breached the contract in terms of those set standards. We have the National Information Technology Authority, we have the Ministry of ICT, I guess we have several agencies in Uganda who would come up with a position that Huawei did shoddy work and not based on speculations as was the case.
Secondly this is a big company in China and globally which cannot allow their reputation to be tarnished by substandard work. There were allegations of corruption; again this was subjective and speculative. Uganda has well stipulated procurement procedures which were followed and I know the Chief Executive officer of Huawei and top management practice zero-tolerance to corruption. Rather than speculate, Ugandans need to embrace this project. The contractors have done a good job according to the facts available to me.

How about the issue of cost? There are reports that the Uganda project cost more than that of Rwanda.
That is comparison. What were the components in terms of e-government and NBI? There is the element of taxation. In Rwanda did they pay taxes, the area coverage? The information I have is that the cost taking into account all the components was almost the same. There were no major deviations. The Uganda component is inclusive of equipment and civil works and taxes.

Is China interested in oil extraction or oil refinery in Uganda?
China has shown interest in the oil industry in Uganda. Chinese companies are already taking over interests of Heritage in the exploration stage. The President of Uganda has been emphasising that we will not export crude oil and that we must refine it from here.

The Minister of Energy has been to China for talks. Sinopec, a major Chinese player in the oil industry has shown interest in building an oil refinery in Uganda and I hope the negotiations will be successfully concluded. Sinopec officials will be visiting Uganda sometime next month (September) for more negotiations. Once the negotiations are concluded, hopefully by the end of this year, we will be in position to negotiate with the government of China.
How many Ugandans are living and studying in China?
At the moment, every year China offers Ugandan students scholarships at all levels, at graduate and post graduate levels, 35 students per year and there is an existing exchange programme for human resource training. Every year, more than 300 Ugandans of various disciplines come to China for various courses ranging from one year to six months. There is a lot of cooperation at the political level, in terms of training. There are vast opportunities and there are times when there is a need for specialised skills obtainable in China and a request is made by the Ugandan government to the China government and the embassy follows up the matter.

How will Uganda benefit from the 2010 World Expo in Shanghai, China?

First we are grateful to the China government for supporting Uganda and other countries to take part. They provided money to set up the African pavilion. I was told about $650,000 was spent for the construction of the African pavilion. The Expo will help us to showcase what we have, especially in areas of tourism. Many visitors have been to our stand. The benefits are many.

ICC CONFERENCE OFFERS OPPORTUNITY TO COMMIT TO JUSTICE

2010-05-28T10:47:00.000-07:00

By MOSES SSERWANGA
Uganda is privileged to host the first landmark review conference of the Rome Statute which established the International Criminal Court (ICC) . The United Nations Secretary General, Ban Ki-moon will open the historic conference today at Munyonyo.
It’s 12 years since the Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute), the treaty that established the International Criminal Court (ICC) was adopted at a diplomatic conference in Rome. The statute, which came into force on July 1, 2002 and has since been ratified by 110 countries including Uganda, has drastically changed international criminal law.
The Rome Statute and its implementing agency the International Criminal Court, has in the short period of its existence ensured that perpetuators of horrendous crimes against humanity do not escape the rule of law. And the list of indicted suspects grows by the day, the latest being those accused of perpetuating crimes against humanity during the 2007/8 post election violence in Kenya.
The ever elusive Joseph Kony and his Lords Resistance Army (LRA) deputies Vincent Otti, Okot Odhiambo and Raska Lukwiya have also been indicted but are yet to face trial at the ICC. They stand accused of 33 counts of war crimes and crimes against humanity committed against the people of northern Uganda in the last 20 years.
The indictment of these men and others still at large in various parts of the world proves one thing ; that the Rome Statute which is now up for review, has to a certain degree been effective in ensuring that there is no place for impunity in the 21st Century. Of course there is a lacunas (gaps) in the Rome Statute which must be filled.
One such gap is the lack of a definition for the international crime of aggression. It is now a serious issue of contention because of the presumed influence of the powerful nations when they seek to attack or invade weaker nations without the approval of other civilized states.
Unlike the crimes of genocide, crimes against humanity and war crimes, the International Criminal Court (ICC) cannot exercise jurisdiction for the crime of aggression because the Statute is silent on its definition and doesn’t set out the circumstance under which court can summon suspects.

However , according to the proposed amendment the individual crime of aggression is now defined as the planning, preparation, initiation or execution by a person in a leadership position, of an act of aggression. Importantly, it contains the threshold requirement that the act of aggression must constitute a manifest violation of the Charter of the United Nations, which is basically an instrument geared at the peaceful co-existence of nations.

The act of aggression is the use of armed force by one State against another State without the justification of self-defense or without authorisation by the Security Council. The acts of aggression contained in the amendment proposals involve invasion by armed forces, bombardment and blockade.
It’s encouraging that in an effort to avert cross border wars between or among nations, the threshold and formulation of the proposed definition: there is preliminary compromise made by many states that the powerful states should not use their positions to invade other countries without the approval of the international community. It should be noted , however, that USA, France and Britain are some of the super powers still opposed to this settlement.

On the issues of ICC’s jurisdiction, there is also broad consensus that an investigation could be opened by the prosecutor on the basis of a UN Security Council referral, a state-party referral, or proprio motu (the prosecutor’s own volition). In other words, the same trigger mechanisms would apply as in the case of the other three crimes under the Court’s jurisdiction. No nation should be allowed to invade another without just cause and support of other civilised states.

The writer is a journalist and advocate
msserwanga@gmail.com

KAZINI'S LIFE: AN OFFICER WITH EXTRA ORDINARY SKILLS

2009-11-11T01:31:00.000-08:00

KAZINI'S LIFE: An officer with extra ordinary skills
Moses Sserwanga

Kampala

Afande Kazini, as he was fondly referred to by his charges and friends, was a brave and no-nonsense commander who together with his late brother, Lt. Col Johnson Jet Mwebaze were some of the Luweero bush war veterans that were deployed by President Museveni to end the Allied Democratic Forces, (ADF) rebellion in western Uganda, in the mid 90s.

Unlike many other senior military officers, Gen. Kazini was never afraid of being in the company of journalists, taking them to the war frontline to have first hand information and later dining and wining with them as he looked forward to another day of battle field work. He took his security and that of his troops and civilians (including journalists) under his care seriously to the extent that he would arm “the Mchaka Mchaka graduates” as he routinely referred to some of us –in case things went out of hand.

Passionate soldier
His passion for good journalism was unrivalled- that on one occasion, when a landslide blocked the Fort Portal –Bundibugyo Road, he gave up his seat on a military helicopter to allow a journalist fly to the remote district to get the ‘real feel’ about the progress of the war. Such are the sad twists and turns of life that the man who survived countless enemy bullets and bombs in the bitter cold Rwenzori Mountains and the inhabited jungles of DR Congo, yesterday morning succumbed to death in such a bizarre non-combat situation.

I SWEAR: Gen. Kazini takes oath during his trial in the General Court Martial. His military career stumbled when he was charged in November 2005 with creating ghost soldiers.

A soldier with extra-ordinary military skills but short on academic credentials, Kazini was still very articulate in explaining his military strategies. He always found time to talk to journalists- to let the general public know about what went on in the war zone. “We in the military should be accountable to the people who pay our salaries and they need to know what we are doing,” he once stated.

One of the post bush war popular Generals, Kazini’s presence at the frontline was such a morale booster to the UPDF troops- that they would walk long distances- at times on empty stomachs to secure the Rwenzori region. And his high military rank and achievements notwithstanding, at the battle field, Kazini joined his troops to sing army victory songs and would share a plate of posh and beans with privates. These are some of the fine attributes of the fallen war hero that will perhaps mark his place in history. May his soul rest in eternal peace.

Mr Sserwanga covered the ADF war for three years and is Saturday Monitor Editor.

ALLOW WORKERS TO BORROW FROM NSSF SAVINGS

2009-09-17T11:12:00.000-07:00

Allow workers to borrow from NSSF savings
Dr Sam Lyomoki, one of the Workers’ MPs, has belatedly woken up to suggest that he will move a private members bill to amend the National Social Security Fund (NSSF) Act- the law that was meant to regulate and safeguard the workers pension fund. Even so, the MP’s suggested amendment(s) are largely targeted to the ‘juicy’ positions on the NSSF board which are of little consequence and no benefit at all to the toiling workers who are required by law to make monthly contributions/savings to this run-down Fund.

Before we even consider the merits and demerits of Dr Lyomoki’s proposed amendments, the leadership of this country needs to be reminded that apart from being at the core of the very survival of our national economy, (the total value of the Fund as of June 30, 2009 was Shs1.3 trillion with rations at 70 per cent fixed deposit, 10 per cent equity and 20 per cent real estate) the safety of workers’ savings is of great national concern. This is particularly so because at Shs1.6 trillion, the fund represents 21 per cent of our Shs6 trillion national budget.

The extent of the irregularities and criminality identified in the recent audit of NSSF did not only reveal a web of manipulation and insider dealings but also outright fraud. It is further apparent from the auditor’s report that some of the criminal actors in the NSSF saga are engaged in money dealing schemes at the expense of the principal beneficiaries of the fund who are the workers. This criminal impunity is also evidenced in part, from the court records in the case of NSSF versus Alcon.

The cost of this wanton behaviour doesn’t need a rocket scientist to fathom. Just about two years ago the workers had been promised a 14 per cent interest benefit on their accumulated savings. Now, after the reported fraud at Workers House, and just a year after the 14 per cent interest promise, the managers have had the audacity to tell the beneficiaries (workers) that their savings can only attract a paltry 2.5 per cent interest representing a massive 12.5 per cent decline annually. What a shame!

And yet, in typical Ugandan style, the workers who are the shareholders of the fund (owners) continue to be, for lack of a better word, gullible to these manipulations and daylight robbery.

But much as Ugandans are generally known for being indifferent about national issues, surely the estimated 300,000 members of NSSF can for once push for fundamental reforms in the pensions sector.

The idea of amending the NSSF Act should not be limited to the composition of the board because that alone will not be of any direct benefit to the workers. Instead, the law should be amended to eliminate the monopoly being enjoyed by the government-run NSSF. Workers should be at liberty to save their money with competent service providers in order to realise maximum benefits accruing from their savings.

The age at which members can access their savings should also be lowered from the current 55 to 40 years- given that the national life expectancy is 47 years. But perhaps the most fundamental reform needed in the pensions sector now, is to allow members to borrow against their savings. Workers should be allowed to employ their savings as security to acquire personal development soft loans at very affordable interest rates not exceeding 12 per cent annually.

National organisations like NSSF must not be meddled with for political expediency because the ramifications can be quite insurmountable. This is the more reason why the government should make an enduring positive difference by prevailing over the NRM-dominated Parliament to save the workers the agony of unrealised dreams.

Mr Sserwanga is journalist and advocate
msserwanga@gmail.com

JUDGES MUST BE ABOVE REPROACH

2009-06-03T06:32:00.000-07:00

Some of the cardinal principles and rules of judicial conduct are to the effect that justice is administered without fear or favour, affection or ill will. However, these fundamentals seem to have been given second rate attention in our justice system lately.

The judiciary is back on the front pages of the national newspapers albeit for the wrong reasons. The decision by the Uganda Law Society members not to appear before one member of the bench newly appointed Justice,Anup Singh Choudry for alleged misconduct while in practicing law in the UK, is a highlight of the unfortunate and undesirable situation where some judicial officers have thrown the much-cherished judicial decorum to the wind.

And the problem of errant judicial officers who include magistrates at all levels and even high court judges is not new to the Ugandan public. There are numerous cases where inept and corrupt judicial officers have denied litigants justice. These by the way are the same officers who are supposed to jealously guard the succinct of our fragile justice system.

One of the celebrated and most progressive English Judges the world has come to know, Lord Denning MR (Master of Rolls) has defined justice to mean what the right -minded members of the community- those who have the right spirit within them- believe to be fair.

Lord Hewart C.J as he then was, also coined the famous phrase: " justice should not only be done, but be manifestly seen to be done " . Article 15(1) of the Constitution captures the same spirit of fairness where it states that a litigant or accused person must be afforded a fair hearing by an independent and impartial court.

The administration of such justice therefore rests on advocates and more particularly judicial officers. Their guiding star as Chief Justice Benjamin Odoki has stated previously, is the judicial oath, which is a symbol of both their independence and impartiality.

Justice Odoki has also noted that judicial officials can achieve true understanding and respect for the judiciary only as a public response to their integrity, impartiality, fair play, conscientious attention to duty and simple courtesy.

Public esteem therefore, cannot be regained until each judge is willing to accept his personal accountability as an integral part of the responsible group. Evil grows because good men do nothing about it.

Unfortunately some of the learned gentlemen and ladies of the bench seem have forgotten that they took the judicial oath to dispense the much craved for justice in our society.

And this grim picture was well captured by non other than the chief executive of this country President Yoweri Museveni some ten years back at the swearing in of Chief Justice Benjamin Odoki. In his witty style, the first remarks President Museveni made shortly after Justice Odoki had taken oath were and I quote: " Mr. Acting Chief Justice, you will have a big problem of fighting drunkenness among some of the magistrates. I have reliably learnt that drink is affecting the efficiency of some of the magistrates so much so that they are continually late in court and some are heavily in debt.

I need hardly emphasise that being drunk and being in debt are the surest ways of becoming corrupt " . But these were not the only complainants Museveni had against judicial officers in this country.
He went ahead and highlighted a number in fact eight to be precise and I will summarise them. He did complain about the notorious, yes notorious court clerks whom he said brandish their power in such a manner that those who look at them from a distance think they are executioners and not peace-makers.

These are the same clerks who extort money from the unsuspecting public while claiming to know the ' right> judges/ magistrates who can easily give a litigant the relief sought. In deed it ' s also true that some judicial officers accept ' gifts ' or call them ' envelopes ' .

The same judicial officers adjourn cases unnecessarily and this causes a failure of justice. No wonder the Chief Justice, just a fortnight ago, announced that he was working on a regulation that will limit the number of times a case can be adjourned. This could not have come at a better time for the much suffering public.

There are also reports where judicial officers in an attempt to get ' ease ' money try bogus cases at times without court files and order for fines to be paid and pocket the proceeds. I hope the readers of this column have not forgotten the scandal that again graced the cover pages of our national papers when some judicial officers pocketed millions of shilling received in bail money.

And what the public doesn ' t know is that once you pay for bail and the matter or case is settled by court such monies are supposed to be refunded. But because of the excitement of one securing their liberty, normally people don ' t claim for these monies.

Some magistrates are so lazy that they illegally compel accused persons to plead guilty and not waste court ' s time when there is a strong arguable case. They also in some cases reserve judgments for such long periods that it amounts to miscarriage of justice.

The president noted then, that if the judicial officers don' t hold the law in high repute, if people begin to feel that courts are unable to redress their wrongs speedily and cheaply, the image of the law will suffer and when the image of the law suffers, the image of the judiciary would also suffer.

It is an established principle throughout the whole of the civilized world that judges and all other judicial officers should be completely clean in their handling of disputes among the parties.

In his essay about the judicature, Bacon stated, " a judge ought to be more learned than witty, more reverend than plausible, and more advised than confident but above all 9 emphasis mine , integrity is their portion and proper virtue " .

This column will next week discuss the judicial code of conduct and subsequently examine the legal procedure of removing an errant judge/magistrate from office.

The writer is a Journalist and Advocate.

+256772434677

MEDICINE AND THE LEGAL CONSENT OF THE UNDER AGE (CHILDREN)

2009-06-02T06:14:00.000-07:00

MEDICINE AND THE LEGAL CONSENT OF THE UNDER AGE (CHILDREN)
As the state struggles to marshal resources to meet core components of the right to health ,the majority of Ugandans who live in the country side l walk long distances to get to the nearest health center for medical attention.

And when they finally get there , the quality of services they get from these inadequately manned health centers are deploreable to say the least . These health centers lack medicines and medical implements. The poor suffering rural folks are in most cases left to the mercy of God.

One important development in the law of malpractices among medical practitioners therefore, concerns the direct liability of provider units( read village clinics or health centers) and the medical workers who man them for the failures in their services.

Courts have maintained that even in situations like Uganda where health centers are poorly serviced , in terms of medicines and medical equipment, a doctor or any other health worker has a higher duty to provide a satisfactory standard of care to avoid causing injury to a patient like the case was with Nafuna a baby girl who lost her arm due to a poorly administered injection.

The standard of care which has to be adhered to by all medical practitioners extends even to diagnosis and communication with the patient(s). For instance in medical practice, before a medical worker ventures into diagnosis, he must first get to understand the medical history of a patient.

And the readers of this column will agree that this is not the practice in many of our clinics let alone our major referral hospitals . Doctors and nurses alike , are always in a hurry to diagnosis patients even before knowing the history of the cases brought or refered to them. The doctor's failure to study the a patient's medical history can be fatal. it does not only lead to wrong diagnosis but also wrong prescription and wrong treatment and in a process aggrevates a patient's condition. That ' s why courts have again held medical workers liable if they give a wrong diagnosis which is contrary to acceptable standard practice. In situations where a patient(s) would be entitled to damages.

The intervention of courts in cases of negligence in communication by the medical professionals is also on the rise. As more and more doctors and paramedical workers become involved in a patient ' s treatment, the danger of verbal instructions to such a patient is only too apparent. Errors in the general practitioner ' s letter of referral where say a doctor refers to left leg instead of right leg can so easily lead to an injury of a patient.

In the case of Nafuna another legal issue seems to have emerged. The girl's father didn't consent to decision of the specialised doctor to amputate her harm. The question then is , in life threatening situations where minors are involved, do doctors have to seek consent of parents before carrying out a medical procedure which can like in the case of Nafuna ,lead to permanent disability?

The care of children is governed by the general principles governing professional standards. The law of consent is premised on the assumption that patients will normally be able to take decisions for themselves, but this will often not be the case with children.

In cases where children cannot consent a parent may usually give consent on their behalf. A child or minor according to our constitution is a person below the age of 18 and by implication such a person can not give legal consent. That ' s why even if a 17 year old girl willingly indulges in a sexual relation with a man, the man would still be charged with defilement and he can ' t plead that the 17 year old girl gave consent.

However, for medical purposes, courts have held that the test to be applied is whether the child had ' sufficient understanding and intelligence to enable him or her to understand fully what a doctor has proposed ' .

Understanding fully, therefore requires an appreciation of the consequences of treatment , including possible side effects, and also the anticipated consequences of failure to treat. And the test of maturity established by courts is assessed in respect of each individual child and each separate medical treatment.

An example of who the test of maturity has been applied can be found in one of the decided cases, where a 15 year old boy who was dying of leukaemia expressed his opposition to receiving a blood transfusion . the judge held that he did not appreciate the extent of the fear and distress he would suffer, and consequently did not really understand what he was demanding. He was therefore not competent to give consent.

The overwhelming picture that emerges from this is - that courts are reluctant to allow children to choose to die rather than live and extremely resistant to such decisions where the motivation is religious. And doctors need to seek consent of parents when medical treatment is required as an emergency to save life.

So Nafuna ' s case is arguable since its not clear whether her condition was treated as a case of emergency to save her life by the doctors who amputated her arm. The facts show that the girl ' s father was opposed to the doctor ' s decision to amputate- however is the doctor the girl ' s arm as an emergency to save her life, then he is protected under the law.

Courts have stated that where it would be considered unreasonable in the opinion of most relevant medical experts to withhold the medical care in question, and it does not raise social or moral considerations , then it is permissible to proceed without parental consent and even in the face of parental objection like in the case of Nafuna ' s father.

These legal principles therefore , allow medical practitioners to dispense medicines and treatment when it is done in the interest of the person who cannot consent and permit the health care professionals to judge where those interests lie.

In situations where parents disagree on the issue of consent in cases which are not of an emergency nature, courts have held the medical professional could still be held liable if the proceeded to treat a child. It is also possible that it might amount to negligence if no responsible body of professional opinion would support proceeding without the consent of both parents.

And where parents and children disagree, the law is to the effect that health professionals can only treat the basis of the parental approval. This is because the right to consent to treatment is only lost by parents once the child became competent to consent. The law presumes that parents stand in the best position to attend to the best interests of their children for as long as the case is not of an emergency nature to save the life of a minor.

Moses Paul Sserwanga
Journalists/ advocate
Mobile-0772 43 46 77
msserwanga@yahoo.com

KONY CAN RUN BUT HE CAN'T HIDE FROM JUSTICE

2009-01-06T05:50:00.000-08:00

Kony can run but he can’t hide from justice
It’s two weeks now since the man hunt for the reclusive, indicted, international war criminal Joseph Kony was launched by a combined force of troops from Uganda, South Sudan and DR Congo.

And although the latest military offensive against the Lords Resistance Army, (LRA) bandits in their hideouts in Garamba, has come rather too late, and is yet to register any significant success -it’s still important in a sense that justice must be accorded to the millions of people in northern Uganda who have for the last 20 years suffered the brutality of Kony and his rag-tag army.

Kony has duped the international community and cost this country billions of tax payers’ money in the now infamous –two-year -Juba peace jokes! It was pretty obvious from the onset of the failed peace talks that Kony - aware of the heinous crimes he has committed against humanity- would never surrender without putting up a fight!

That’s why there is no option but for the government troops, supported by our regional allies, now conducting ‘Operation Lightning Thunder’ to capture Kony and his blood-stained commanders and have them answer charges of war crimes and crimes against humanity at the International Criminal Court (ICC).

And our forces now have the capabilities to pull this one off - of course with the support of the Ugandan people.

Although, this column, doesn’t necessarily agree with what the government has done or has not done in the past, to end Kony’s ferocious killing of innocent civilians in Northern Uganda, justice must prevail whatever the circumstances. And when our forces make an effort to catch Kony and bring him to justice, then they should be supported by all law abiding citizens of this country.

For the record is clear, Kony and his group of butchers have murdered an estimated 30,000 people during the execution of their two-decade, unjustified rebellion in the northern part of the country.

An estimated 2 million people were displaced as a result of this war and the majority of them have until recently, been living in camps under squalid conditions.

The LRA’s horrendous attacks on innocent civilians did not spare children who were abducted and illegally conscripted in the LRA as child soldiers. They abducted women and girls whom they kept in captivity as sex slaves for so long .

At Kony’s command, the LRA gangsters used machetes and hoes to maim their victims; chopping lips and ears of the captives. They raided schools and forced students to fight and kill their own relatives. Many of the lucky surviving victims will never recover from the trauma visited upon them by the blood-soiled hands of Kony and those under his command. Because of their unprecedented cruelty, Kony’s LRA, deserves no sympathy in the civilised world.

And this is the reason why the ICC, a court set up by the global community under the Rome Statute has since issued warrants of arrest for Kony and his commanders- indicted on 33 counts of war crimes and crimes against humanity.

Kony can run in the forested Garamba border areas in DR Congo but he can not hide forever and he cannot escape the rule of law. The international criminal law is to the effect that no war criminal can escape justice.

Once a person has committed war crimes as spelt out in the Rome Statute, then that person cannot even benefit from the provisions of our amnesty law. War crimes and crimes against humanity are international in nature and suspects can be picked from anywhere in the world by any spirited individual or state to arraigned them at the ICC for trial.

The UPDF should use all its capabilities and bring all resources to bear in this new effort to find Kony and his commanders to have them answer for their criminal acts. The UPDF should earn the support of the people of Uganda and hope our brothers and sisters in northern Uganda have a peaceful festive season.
Happy New Year to all of you the ardent readers of this column.

Mr Sserwanga is an advocate

GUARD AGAINST TERROR WITHOUT ABUSING RIGHTS

2008-12-16T02:22:00.000-08:00

Guard against terror without abusing rights
Recently Monitor Publications Ltd , in one of its editions , quoted top security officials talking grandly about the new tough measures instituted to secure the country against terrorist attacks.

As a country, its important that we secure our porous borders and waterways against terrorism. Ugandans must remain vigilant in the global fight against terrorists- whose extremist ideologies are hell-bent on causing maximum causalities and destruction of property in the civilised world.

But be that as it may, the new government anti - terrorism measures should not, at the same time , dull our pursuit as a people, the promotion and protection of the civil liberties enshrined in our national constitution.

While the state must be resolute in ensuring the safety of its citizens from terror acts , government should also take seriously the International Commission of Jurists, (ICJ) a body of human rights legal scholars- who are concerned that the new global counter terrorism legal regime has led to an increase in cases of human rights violations.

These extreme cases of human rights violations in the fight against terrorism which include interalia (among others), the holding of suspects in un-gazetted detention centers with out trial - coupled with torture - have been challenged in the US Supreme Court.

The court has since held among others, that the Guantanamo detainees (majority of whom are suspected terrorists arrested following the 9/11 terror attacks on the United States), have the right to go to federal court(s) to seek their release from indefinite detention.

Following that decision some ICJ scholars have argued and this column concurs ; that safe guarding persons from terrorist acts and the respect for human rights and humanitarian law, allow states a reasonably wide margin of flexibility to combat terrorism without contravening human rights and humanitarian legal obligations.

This is because in some countries the post 9/11 climate of insecurity has been exploited to justify long-standing human rights violations carried out in the name of national security.

Just like many countries around the world, following the events of 9/11, Uganda’s legislature enacted the Anti-Terrorism Act, 2002 as a measure to counter the threat of terrorism in the country.

The import of this law was the creation of the offences of terrorism, aiding and abetting terrorism, establishment of terrorist institutions, support, finance or execute acts of terrorism.

The Act also allows government security agents to intercept correspondences of and the surveillance of persons suspected to be planning or to be involved in acts of terrorism. The Act also specifically lists the terrorist organisations as, The Lords’ Resistance Army, The Lord’s Resistance Movement, Allied Democratic Forces, ADF and Al-queda.

Terrorism according to the Act has been assigned the meaning of an act committed by a person or organisation for purposes of influencing the government or intimidating the public or a section of the public and for a political, religious, social or economic aim, indiscriminately without due to regard to the safety of others or property intentionally or unlawfully cause death or serious bodily injury or extensive destruction likely to or actually resulting in major economic loss. When convicted one can suffer the death penalty.

But during the implementation of this law, there have been cases perceived by both the general public and international community especially those involving politicians as being an attempt by government to use the anti-terrorism law to harass or intimidate opposition politicians without having incriminating evidence against them.

Now that’s what is called political persecution and its not the right approach in fighting terrorism.
Let suspected terrorists be accorded their legal rights and once convicted by our courts then they should ultimately suffer the full force of the law.

We can protect ourselves against terrorism without necessarily infringing on the individual’s fundamental human rights. It’s possible to this balance right.

The writer is a journalist and advocate
msserwanga@gmail.co.ug
msserwanga.blogspot.com

MR> PRESIDENT, DON'T HUNT YOUR HONEST ALLY

2008-12-09T08:54:00.000-08:00

Mr President, don’t hunt your honest ally
President Museveni has of late come hard on the media which he accuses of sabotaging investment by maligning investors. This is a worrying development, not that it’s a direct attack on the freedoms of speech and expression but that it comes at a time when our Parliament has been cowed by the executive.

In a true democracy, both Parliament and the media play the role of watchdog to check the excesses of the executive. The Judiciary on the other hand, plays the role of an arbitrator to resolve conflicts between the other three arms of the state namely the executive, legislature and the media while at the same time upholding the provisions of our constitution and the attendant laws.

Ugandan journalists have continued to be harassed and more than a dozen are now facing various charges ranging from criminal libel to sedition and promotion of sectarianism even when these bad laws are now a subject of a constitutional petition which was filed by Andrew Mwenda and the East African Media Institute.

And since the matter is yet to be disposed of by the Constitutional Court, it would be prudent for the executive to suspend such offences until the court makes its ruling on the their fate. This would also be the right criminal procedure whenever there are constitutional issues to be determined in substantive petitions lying before court.

Instead, the state conveniently prefers to ignore these rather obvious/basic procedures of the law in their relentless effort to stifle media freedoms and the citizens’ right to challenge bad governance. These machinations by the state to gag the media have far reaching consequences for the wider freedoms of the citizenry, the stability and development of our young democracy.

Democracy thrive best in an atmosphere of trust, openness and accountability. It’s a constitutional right for the citizens to access information held by government and its agents in order to hold our leaders/public servants accountable for their actions.

In civilised societies media offences have been decriminalised and those wronged pursue civil remedies. The media has an important role to play as a watchdog of the public by exposing the ills in government and effectively help to stem government’s abuse of power. For democracy to flourish therefore, there must be an independent, free and vibrant media and the individual’s rights of free speech, expression and access to information must be protected.

Governments must encourage and allow positive criticism and promote tolerance in the interest of public good. Whereas Uganda is said to have relative press freedom compared to other African countries, it should be noted that the said freedom does not arise out of instrumental guarantees, but out of the mere goodwill will of the regime in Kampala. This must change. All Ugandans including the President must appreciate that fundamental rights and freedoms of the individual are inherent and not granted by the state.

Uganda still has on its statute books some of the most obnoxious, obsolete laws which were largely designed to curtail free speech and media freedoms to allow the dictatorial regimes of the day to entrench themselves in power. Some of these laws have been applied by government whenever its interests of beating the media into line arise.

These bad laws which can be successfully challenged in any court with competent jurisdiction, including the East African Court of Justice, (EACJ) can be found in the Uganda’s Criminal Penal Code Act as amended, The Press and Journalists Act, The
Anti Terrorism Act and the Electronic Media Act 2000.
The President’s apparent determination “to deal” with the media is very disturbing to say the least. The heads of state and government from Eastern Africa must embrace and work with the media for the region’s greater development. Instead of bashing the independent media, Mr Museveni should listen to them more and get unbiased information that can help him and his government grow our democracy.

Mr Sserwanga writer is a journalist and advocate
msserwanga@gmail.com

NEW LAND LAW IS RECIPE FOR ECONOMIC TRAGEDY

2008-11-25T02:00:00.000-08:00

New land law is recipe for economic tragedy
The parliamentary joint committee appointed to handle the Land (Amendment) Bill 2007 has once again succumbed to pressure from the executive arm of government and recommended that the controversial changes to the land law be enacted in total disregard of public opinion.

Whatever the mischief the new amendments are intended to cure, the entire process of protecting the rights of ‘squatters’ has been flawed in a sense that no national consultations were carried out to rally Ugandans to support the new legislation. It’s ironical and illogical that the legislators could have the audacity to recommend that the amendments be passed into law and then national consultations be held later. Of what purpose will these ‘consultations’ serve when Parliament has already pronounced itself on the matter?

The machinations by the state to do as it pleases, without taking into consideration the opinions/views of the stakeholders, are a clear manifestation of leaders who are out of touch with the people they lead. In a recent survey commissioned by Monitor Publications Ltd (MPL) and carried out by a reputable research organisation, the Steadman Group, it transpired that six out of every 10 Ugandans are not satisfied with the government’s approach to solve the land problems in the country.

The polls showed that 66 per cent of Ugandans are disenchanted with President Museveni’s management of land issues. And this is besides the fact that knowledgeable and independent interest groups like the Uganda Land Alliance , Uganda Human Rights Commission and the Uganda Bankers Association are all opposed to the amendments and have since called for nation-wide consultations to be conducted before the law is amended.

It’s clear that the amendments will face serious legal challenges because they are basically creating competing rights of ownership of land– which is an important factor of production. With the peasants pitted against the landlords, land will unfortunately be rendered a non-saleable commodity.

The bankers have already, and rightly so, warned that the controversial land amendments being forced onto the people will close the market for mortgages and loans from which banks depend for most of their business. With a struggling economy and land prices going through the roof, people can only own a piece of land by acquiring mortgages through their bankers. But this cannot be possible when in the market, you don’t have a clear legally recognised owner of the land!

And this is not to argue that citizens should be evicted from their land illegally. The existing law has sufficient safeguards against illegal land evictions. The peasants, the majority of whom are squatters or settlers on vast chunks of land, already have their rights protected by the constitution.

The constitution provides for the protection of the land rights of the registered land owners (landlords) and those with equitable or secondary interests in land like the tenants by occupancy or bibanja holders , the bona fide occupants (people who have lived on any given piece of land unchallenged for more than 12 years before the coming into effect of the 1995 constitution) and lawful occupants (those who settled on land with the consent of the registered owner by virtue of the Busuulu and Nvujjo law of 1928). The provisions of the constitution are reinforced by the enabling law, the Land Act.

This column has stated in the past and repeats now that there is no serious lacuna (gap) in our land legal regime. The major problem is the poor implementation of the law and politicisation of the land conflicts across the country.

Securing lasting legal rights for the peasants/squatters can only be realised through purchase and subsequent transfer of title from the registered land owners to the buyers who in this case can be the peasants. The government should put in place a land fund to enable the peasants buy land and thus secure their land rights. Artificial legislation shall be successfully challenged in court and we shall be back to square one!

The writer is a journalist and advocate.
msserwanga@gmail.co.ug

AFRICAN LEADERS MUST LEARN TO ACCEPT DEFEAT

2008-11-18T02:32:00.000-08:00

African leaders must learn to accept defeat
There is a raging debate about how Africa and Uganda in particular will benefit from a new US administration headed by not only the first African-American but also a man with roots in the East African region, President-elect Barack Oboma.

This perspective is particularly important now, given the fact that the record low ratings of out- going US President George Bush, is a clear manifestation that unilateralism can’t work in the 21st Century. Rather, it’s the combined effort of the world community through globalisation that will bring peace and prosperity to the human race.

That’s why the antidote to this new reality is not about militarism and financial handouts in terms of aid from the generally democratic developed world to the largely undemocratic and less developed countries, but the attainment of good governance, rule of law and respect for human rights. Uganda can only partner with the new US government if we can guarantee good governance.

Already, President-elect Obama, has been quoted as saying that the problems facing Africa are more about leadership than financial.

It’s more about the willingness of African leaders respecting the opinions and decisions of the people they lead. Ultimately, this means that leaders, especially in Africa, have no option but to test their abilities to lead by holding regular, and free and fair elections and allowing voters their civil liberty and other constitutional freedoms like the right to associate and express their political ideas without fear of being haunted by the state.

This again requires that political campaigns and elections should be free of violence, especially the kind that is state-inspired and designed to intimidate voters. And once the people make their decisions using the ballot, their votes should count and not be stolen by the incumbents, who are not in the habit of giving up power peacefully .

The peaceful transfer of power is one of the hallmarks of a true democracy. Irrespective of all the bruising he suffered at the hands of a gifted orator Barack Obama, President Bush has promised to ensure that the transition to a new administration is smooth.

Never mind that Mr Obama spent all that time deriding Bush for “failed policies,” or mocking him for hiding in an “undisclosed location” because he was too unpopular to show up with his party’s own candidate Mr John McCain. African leaders must also learn to be gracious when beaten at the polls.

Obama’s opponent Mr McCain is one good example. He was the first to send out a congratulatory message and even told his supporters that whatever the politicians differences, they should put their country first and rally behind their new president- elect.

Last week, Mr Bush and his wife had the courtesy to invite the incoming chief executive Obama and his wife Ms Michelle Obama for pep talk at the seat of power, the White House. Mind you, these are politicians of two different brands from two different political parties.

Unfortunately for Uganda, it’s 46 years of independence and the country is still counting to a day when we shall witness a peaceful transfer of power from one president to another. But this is not to say that we can’t do it. The framers of our Constitution provided for the blue print for a legal and peaceful presidential transfer of power.

The question then is; do we have the courage as citizens to respect and uphold the provisions of our constitution that calls for democratic elections? Can we stand firm and say bye to election fraud? Do we have the ability to mobilise, vote and ensure that it counts? Yes. We Can.

Mr Sserwanga is a journalist and advocate
msserwanga@gmail.com
msserwanga.blogspot.com

NSSF INQUIRY: PARLIAMENT HAS CAPITULATED

2008-11-11T08:18:00.000-08:00

NSSF inquiry; Parliament has capitulated
The independence of our national parliament has come under trial once again after the Speaker, Mr Edward Ssekandi, made a rather ridiculous ruling about whether members of parliament have powers to investigate errant cabinet ministers.

Ssekandi’s decision has also left the country wondering whether the taxpayer whose money was misappropriated in the NSSF-Temangalo land scandal should continue to foot the bill for the endless commissions of inquiry which are not only very expensive but also whose recommendations never get to see the light of day.

It’s also common practice for governments to employ the commissions of inquiry to buy time and divert public attention and subtly suppress dissenting views. Instead of using the commissions to restore public confidence about the way the country is governed , the inquiries like in the case of the National Social Security Fund land saga serve the purpose of humiliating the victims- in this case the workers- whose hard-earned savings the NSSF managers are mandated to manage.

But before we address the legal issues and Mr Ssekandi’s interpretation of the law to suit the powers that be, let us pose some questions here. If indeed, Ssekandi, as the Speaker, (and he has a legal mind too) knew that Parliament had no business investigating ministers for contraventions of the law like political influence peddling, conflict of interest and general abuse of office, why did he allow the Committee on Commissions, Statutory Authorities and State Enterprises to go ahead with their investigations?

And these investigations were conducted within the precincts of Parliament in full public view and lasted nine weeks. That’s besides the numerous caucus and cabinet meetings called by the President to save the embattled Security Minister Amama Mbabazi and Finance Minister Ezra Suruma, costing millions of taxpayers’ money.

The nation needs to be reminded that although the primary role of Parliament is to make laws, that alone does not extinguish its inherent powers under the constitution to rein in members of the Executive when they abuse state power. Parliament is mandated by the constitution to defend the constitution and promote the democratic governance of Uganda.

It’s also a cardinal principle of law that the constitution is supreme and therefore takes precedent over any other enabling law like the Leadership Code. The constitution provides that if any law or any custom is inconsistent with any provision of the constitution, the constitution prevails and that other law or custom shall to the extent of the inconsistency, be null and void.

Mr Ssekandi, with due respect, made a gross mistake when he relied on an erroneous interpretation of the law to suggest and rule that a committee of Parliament does not have powers to investigate errant public servants like ministers and make recommendations including sanctions against such wrongdoers.

This is because article 90 of the constitution is very clear; it mandates Parliament to appoint committees with powers of the High Court. This in effect means that these committees have unlimited jurisdictions like the High Court to inquire into any matter, make decisions and even pass a sentence/sanctions.

It’s disappointing and a very sad development for the country that the Speaker and Parliament are ready and have surrendered their supervisory authority and constitutional independence to the Executive arm of government. Parliament has betrayed the people of Uganda by succumbing to the manipulations and coercion of the Executive and not serve to protect national interests. But there comes a time, like in the just concluded elections in one of the world’s leading democracies- the US, when the voters or the citizens reclaim their constitutional supremacy and say; it’s enough!

Mr Sserwanga is an advocate and journalist
msserwanga@gmail.com

WE SHOULD END INJUSTICES AGAINST WOMEN

2008-11-04T06:39:00.000-08:00

We should end injustices against women
Daily Monitor last week ran a depressing story about a 19-year-old girl Ms Fatuma Nansamba, who was refused to write her A’ level examinations at Kibibi Secondary School in Mpigi District merely because she gave birth during school term.

And what a tragedy! For starters, at the age of 19, Ms Nansamba is considered under the provisions of our constitution to be an adult – meaning that she can legally consent to have sex, marry and even give birth. There is nothing illegal there.

However, what is unconstitutional and therefore illegal, is the school authority’s decision to deny Ms Nansamba her constitutional right to pursue education. Her case is also part of a wider problem - the wide spread inequitable gender relations in this country that largely and unconstitutionally confine women and the girl-child to a second class citizen status.

The concept of gender refers to the distinctive qualities of women and men that are culturally, socially and economically determined. And because of the patriarchal nature of our society, where women have for long been treated as subservient members of the family, the gender imbalance and the inequalities that come with it, is something that can easily pass for being normal.

This perhaps, explain why a boy(s) responsible for the pregnancy of a young girl(s) can be allowed to sit for their exams while the girl(s) who suffer labour for nine months are not accorded the same opportunity.

And all this happening at a time when it’s common knowledge that women’s rights are protected by our constitution in the Bill of Rights (Chapter four) and the Universal Declaration of Human Rights, which was adopted 60 years.

In fact, The Universal Declaration in Article 1 provides that: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”

But the provisions of the Universal Declaration on Human rights and several other international and regional legal instruments such as the Convention on the Elimination of discrimination against Women have not helped much to ensure the full enjoyment of equal rights by women in this country.

Women are still considered to be labourers in the home and yet they can’t lay any claim to property in your typical rural family home. The biting poverty cannot help matters either because when parents have to make the tough decisions on which child to send to school – such decisions are always in favour of the male gender. The abilities of the girl-child are never considered.

Even those (girls) who make it to school against all odds like Ms Nansamba are still discriminated against.
So, why do women continue to be discriminated against? The discrimination against women can be traced to politics, economics, social relations and even the law, which predominantly remain the preserve of men.

And as long as these old prejudices remain entrenched in our minds, women emancipation shall remain a big joke and to a great extent, a myth! But one thing is clear though - the injustices that are continually meted out against women and the girl-child must be brought to an end.

Women should not be treated as second class citizens or worse still as men’s property. Women who are our mothers should be treated with dignity and allowed the full attainment of their constitutional rights which include but are not limited to, the right to good health care and education. Women should at all times enjoy the same, equal opportunities as men.

Mr Sserwanga is a journalist and advocate
msserwanga@gmail.com
Msserwanga.blogspot.com

TUMUKUNDE CASE A TEST OF COURT'S BOLDNESS

2008-10-28T08:26:00.000-07:00

Tumukunde case a test of court’s boldness
The Supreme Court has once again upheld the constitutional doctrine of separation of powers by ensuring that the constitutional equilibrium between the organs of government; the executive, parliament and the judiciary are maintained at all times.

In it’s recent decision in the matter of Brig. Henry Tumukunde versus the Attorney General/ Electoral Commission, the Supreme Court which is the highest appellate court in the country has once again set a precedent by putting the powers of the executive ( the president and his servants) in check.

The doctrine of separation of powers is very important for our fragile democracy because as it were, there is a constitutional desire to protect citizens of this country from the excesses of the executive and stop it from abusing state power. That’s one of the roles of the judiciary and parliament and the former needs to be commended for standing up to this high ground.

The Supreme Court’s decision followed a petition by Brig. Tumukunde after President Museveni and some members of the High Command forced him to resign from his position as army representative in parliament .

Through his lawyers, on appeal to the Supreme Court, Tumukunde argued that he wrote his resignation letter under immense fear and undue coercion thereby making his purported resignation unconstitutional. In other words, it was argued that the brigadier’s resignation had no legal effect because it was secured by unconstitutional means when the executive ( the president and senior members of the UPDF), violated Tumukunde’s rights as a member of parliament when they forced him to resign from his seat.

A key piece of evidence adduced before court was the ‘resignation’ letter which Tumukunde wrote to the Speaker of Parliament in which he stated that he was directed and given a 12 hours to resign his parliamentary seat. The Supreme Court found that the manner and style in which Tumukunde framed his ‘resignation’ letter was not that coming from a free mind. The court therefore ruled that a member of parliament should never have to resign under the threat or directive of anyone but only in accordance with the provisions of the country’s constitution and the laws made by parliament and do so voluntarily. The court found Tumukunde’s letter as constituting a soldier’s obedience to superior orders under protest.

The court noted that neither the Commander–In-Chief nor members of the High Command are empowered by the constitution to force a member of parliament to resign or recall him or her from parliament. The court particularly addressed itself to the provisions of article 83 of the constitution which lays down the legal circumstances under which an MP can vacate his or her seat in parliament. And these are very specific - that’s, if one resigns voluntarily, if one is disqualified by law, when parliament is dissolved, if member is absent for 15 sittings without satisfactory explanation and if found guilty of violating the Leadership Code of Conduct.

A member of parliament can also lose his/her seat if they are recalled by the electorate, if the member leaves a political party for which they stood as candidate and if when elected as an independent decides to join a political party and if a member is appointed a public officer. The court also emphasised that the role and functions of the speaker should be impartial. Court cited a 1964 scenario in England when Charles I, then an absolute monarch, attempted to arrest five members of the House of Commons and demanded the Speaker to identify them.

The Speaker, Lenthall, bravely replied to the king thus : “ Sir, I have neither the eyes to see nor ears to hear except as directed by this House whose servant I am.” Court emphasised that the primary role of the Speaker was and has always been to parliament and not to the king or the executive. This is the reason why the separation of powers doctrine is premised on the concept of checks and balances which are core values of a democratic society.

CAN MUSEVENI DO A McCAIN IN 2011?

2008-10-14T08:21:00.001-07:00

Can Museveni do a McCain in 2011?
The US presidential race is now on the home-stretch , with 22 days to the polling day on November 4. The Americans will decide whether to continue with George Bush’s policies by electing the ‘maverick’ Republican candidate John McCain or embrace change which has been proclaimed by the Democratic candidate Barack Obama.

But there is a lot about America’s elections that developing nations like Uganda can learn from . Take for instance the role of women in national politics. For the first time in the US presidential campaigns four amazing women- Hillary Clinton, Michelle Obama, Cindy McCain and Sarah Palin have made their mark and elevated the women’s role in national politics to a level that has never been witnessed anywhere in the world before.

These women have demonstrated that they too are smart and can hold their own on a level political playing field. They have debated the issues with the same intellectual intensity and stamina just like their male counterparts.

That’s why a Washington veteran the Democratic VP nominee , Mr Joe Biden (65)– tried so much not to appear to be disrespectful when he came up against a far less experienced Republican VP pick ,Ms Sarah Palin (44) during the Vice Presidential debate watched by a record 69 million global audience.

Although we are yet to have a serious woman presidential candidate in Uganda, if one chooses to exercise their constitutional right- to have a shot at the presidency, they should be accorded the same respect given to women in the US presidential campaigns.

The other important lesson for us has got to do with disabusing our national and local politics of any manner of personal attacks and have our politics cleaned up to focus on the issues that are matter to the Ugandan people. The McCain campaign has unleashed a barrage of nasty attacks on his main challenger Obama. But the polls show that such smear campaign doesn’t work in a civilised political society.

An election dominated, at its inception, by the war in Iraq is now overwhelmingly focused on the country’s worst economic crisis since the Great Depression in the 1930s- that’s what concerns the people and not whether Obama is a Muslim or McCain is a Christian. Because Obama is doing well on issues, the polls are favouring him with double digit leads among voters on who can fix the US and global economy.

It’s not surprising therefore that at a Town Hall event on Friday in Minnesota, McCain took the microphone from a woman who had called Obama an Arab. McCain said, “No, ma’am,” and he called Obama “a decent, family man.” McCain also drew boos at the same event when he told a supporter who expressed fear at the prospect of Obama’s election that the Democrat is a “person that you do not have to be scared of as president of the United States.”

This is the kind of tolerance that we should demand of our leaders in Uganda. Can our politicians borrow a leaf from McCain’s rejection of the politics of fear and hate mongering ? Can President Museveni make similar, respectful remarks or compliments about his formidable opponents such as Dr Kizza Besigye? Only time will tell. But that’s what civilised leaders do.

One thing for sure though is that there has been too much name calling and hatred in our national politics. Now is the time for the Ugandan voters to say no to such divisive tactics in our body politic. The US campaigns have also demonstrated that everyone can be president including forks who come from modest means like Obama if they are well prepared and focused to address people’s needs.

But perhaps the most significant lesson from the US elections is that of our civil duty to take our national politics seriously. We, as citizens, must be vigilante and exercise our constitutional right of electing democratic leaders who can take our country forward. Ugandans must pay attention to issues of governance because they directly impact on our lives. We can disagree without being disagreeable or without demonising one another.

The writer is a journalist and advocate
msserwanga@gmail.com

ARMING THE TRAFFIC POLICE IS A LITTLE ON THE EXTREME

2008-10-07T10:42:00.000-07:00

Arming the traffic police is a little on the extreme
The Uganda Police leadership is never short of surprises. This time round, they want to arm the traffic police with automatic rifles to defend themselves against violent motorists. Whereas the traffic police have a right under the Constitution and the Police Act to defend themselves against violent criminals, employing guns is a little on the extreme.

The Inspector General of Police Kale Kayihura, though a military man, is said to be a supporter of democratic policing - a principle that calls for less confrontation. This notion of democratic policing is fundamental, given the country’s history.

Uganda is one of the countries that have grossly abused the Russian made Kalashnikov assault rifle also known as AK 47. According to a report by Control Arms Campaign spearheaded by Amnesty International , Oxfam International and the International Action Network on Small arms, the AK47 assault rifle will remain a killer machine in Uganda for the next 20 years unless urgent measures are put in place to regulate its use.

Already, an estimated 50,000 illegal guns are in the hands of rogue elements including some security personnel who at times hire them out to robbers. It’s also on record that there are about 100 million AK 47s and variations of its design produced in 18 countries and used in 82 countries. About 30 million illegal guns are in circulation in black Africa - (including south Sudan and Somalia).

These killer weapons have led to the death of an estimated 3 million people globally. To back-up their misplaced idea of introducing more guns on our streets, the Police leadership have cited the examples of USA, Indonesia and Thailand where traffic police officers are armed.

What the Police don’t tell the public though is that the countries they are citing are far more developed democracies than Uganda and have punitive gun laws. The levels of training for security personnel in those countries are more superior.

The level of gun abuse by the Special Police Constables is testimony to this. The human cost as result of gun-related crime is frighteningly high. No week passes without reports of innocent Ugandans killed by armed gangsters.

Not long ago, the government through the Uganda Police and Uganda Revenue Authority introduced the express penalty scheme where wayward motorist are fined on the spot.

This is a good scheme because whoever came up with the measures knew that traffic offenses should be of civil nature and only assume a criminal element where there is malicious injury to or loss of life and damage to property.

Arming traffic police to police petty traffic offences is contrary to the principle of democratic policing. This measure, if implemented, can also be misunderstood to mean that government is militarising the Police whose role is different from that of the army.

The Inspect General should instead launch a nationwide campaign to rid our city, major towns and the countryside of illegal firearms. The proliferation of illegal fire arms especially through our porous borders with DR Congo and Sudan, coupled with trafficking in the city and towns is a complex local and international problem that calls for a tough legal regime.

Parliament should review the Police and Fire Arms laws to make it difficult for people to posses guns illegally.

The writer is a Journalist and Advocate
msserwanga@gmail.com

IF WE HAD A MBEKI,WAHT WOULD BESIGYE BE?

2008-09-30T03:06:00.000-07:00

If we had a Mbeki, what would Besigye be?
The legal showdown between former South African President Thabo Mvuyelwa Mbeki and ANC President Jacob Zuma rattled the political establishment in Pretoria leading to last week’s resignation of Mr Mbeki.

It was a turning point in African politics with a president of a major industrial country calling it quits for alleged ‘persecution’ of his political rivals. Mbeki’s decision to resign followed a stunning court ruling by Judge Chris Nicholson in which he noted with disconcert that Mbeki and his then justice minister, Penuell Maduna had interfered with the independence of the national prosecuting authority to prefer politically instigated corruption charges against Mr Zuma.

Justice Nicholson’s ruling included biting criticism of prosecutors and political leaders all the way up to President Mbeki, saying there was reason to believe the decision to charge Zuma was politically motivated.

The judge also expressed concern that prosecutors were influenced by members of Mbeki’s Cabinet, and said it was “improbable” the ministers acted without Mbeki’s knowledge and agreement. Nicholson’s observations in the Zuma case are not unique to the Ugandan situation where opposition leaders have gone through similar tribulations when the state abuses our prosecution system to prefer charges against them without credible evidence.

But Mbeki’s resignation has also proved one thing - that Africa’s big men are not indispensable after all. The ANC’s decisive action to call for Mbeki’s resignation was significant in many ways. It sent a clear message that a leader should never abuse his authority to terrorise the citizenry especially his political opponents .

That good governance entails a fair legal system which is not manipulated by the state to victimise those who are legitimately opposed to its ideas. This calls for the full protection of human rights particularly those of minorities- those who are less privileged including opposition politicians.

In a business of bitter rivalries and awkward alliances , few political relationships have been more bitter than that of Dr Kizza Besigye and President Yoweri Museveni. After their nasty 2001 battle for the presidency it has been a mouse and cat game- with Besigye being on the receiving end much of the time
The outspoken Dr Besigye, one of the toughest challengers to Mr Museveni’s leadership, has been arrested on several charges ranging from rape, terrorism, to treason, without concrete evidence.

In fact Dr Besigye has been vindicated by the courts of law who have cleared him of many of the trumped-up charges.
And it matters less the argument that African politicians will engage in all manner of schemes to capture power including being subversive (rebellious) against the state which is a capital offence under our constitution and penal laws.

The prosecutors should have enough evidence to prove a prima facie case (on the face of it that the accused person has committed the said offence ) before they deny them or restrict their human liberties like the freedom from malicious prosecution.

The courts in Uganda must not give in to any political influence from any person or authority for the simple reasons- courts are the temple of justice and the only available reasonable avenue of resolving political disputes without violating the law.

The words of Prof. George Kanyeihamba , who is a Supreme Court judge and accomplished legal scholar come in handy here: “ the overriding constitutional dogma in this country is that constitutionalism and the 1995 constitution of Uganda are the alpha and omega of everything that is orderly, legitimate, legal and decent.

Anything else that pretends to be higher in this land must be shot down at once by this court (Supreme Court) using the most powerful legal missiles at its disposal.”

The write is a journalist and advocate
msserwanga@gmail.com

THERE IS URGENT NEED TO REVIEW THE NSSF ACT

2008-09-23T08:34:00.000-07:00

There is urgent need to review the NSSF Act
One of the issues the Parliament’s committee on Commissions, Statutory Authorities and State Enterprises investigating alleged political meddling in the management of the National Social Security Fund (NSSF) will have to address, is that relating to the legal application of a power of attorney.

A power of attorney is basically a legal contractual instrument created between the donor (person who gives the power of attorney) and donee ( the person to whom the power is given) for purposes of contracting/dealing with third parties.

Courts of law have developed principles that govern the operation of a power of attorney. One such principle is to the effect that an attorney acts on behalf and in the name of the donor. This means that the donor has imputed notice of all the information that the attorney has.

A donor of a power of attorney takes all the benefits and blame arising out of his attorney’s activities and therefore cannot escape liability. The court interferes, not on the ground that any wrongful act has in fact been committed by the donee, but on the ground of public policy - to prevent the relations created between the parties and the influence arising therefrom being abused. By the very nature of this relationship, it’s clear that in the NSSF matter, the actions of Arma Ltd. can be imputed on the donor who is Security Minister Amama Mbazi.

That said, the public should be made aware that the latest NSSF financial scandal is largely due to the weak laws that govern the pensions sector and a corporate governance culture -that allows the Office of the President and the line ministries (in this case the Ministry of Finance) to wield too much power in the management of workers hard-earned savings.

The NSSF Act, the principle legislation that regulates the Fund, has many loopholes that can be exploited to literally run down the Fund. The law, for instance, gives the minister unilateral powers to appoint the management and board of NSSF bringing into play political considerations and influence when deciding who should manage the Fund.

This is wrong because such appointments are not normally made on merit. It’s political patronage that informs many of these decisions and the appointees are forever indebted to the appointing authority. This explains why decisions by public managers are mostly made in total disregard of publc interest.

Public corporations like the NSSF should be insulated from political oversight. They should be governed by independent regulatory bodies with clear legal mandates. In the case of NSSF, government must disabuse itself from the notion that it owns the Fund.

This calls for President Yoweri Museveni’s urgent intervention to deal with errant ministers for purposes forcing them to follow procedures when dealing with public assets. Parliament also has a duty to put in place legal mechanisms to check the growing mismanagement and misuse of workers’ savings. This calls for an urgent review of the NSSF Act .

For instance, Section 3 of the Act empowers the minister to appoint the board of directors . No special attention is given to the workers’ representatives. The law should compel the Fund management to consult workers’ representatives before undertaking big investments. And if government fails to act, then the 299,233 members can sue government and the Fund managers to bring them in line.

Mr Sserwanga is a journalist and advocate
msserwanga@gmail.com

ACCOUNTABILITY IS THE MAIN ISSUE IN NSSF SAGA

2008-09-16T04:46:00.000-07:00

Accountability is the main issue in NSSF saga
The on going investigations by the Parliamentary committee on Commissions , Statutory Authorities and State Enterprises into alleged political meddling in the management of the National Social Security Fund (NSSF) has attracted mixed reactions with some sections of the public accusing the independent media of witch-hunting. Far from the truth.

To put the debate in context, the public needs to know and understand the nature and net worth of the National Social Security Fund and the managers’ legal obligations. The managers of NSSF have a legal duty to manage the fund in trust of the 299,233 members who make monthly contributions of Shs15b.

This in effect calls for ministers and managers of the fund to take seriously the principles of good governance while executing their various constitutional and legal mandates and the general decorum expected of them in conduct of public affairs.

The fund’s net worth is now estimated at Shs1.1 trillion, which could constitute a sixth of the national budget valued at Shs6 trillion. In short ,we are talking about huge sums of money by Uganda’s standards - let alone the region. And this is workers’ hard earned savings.

It’s not in dispute that the managers of the fund should optimally invest the savings to realise maximum returns for the benefit of the members. What is in issue is the processes -legal and otherwise which have to be strictly adhered to, to guard against illegalities that can ruin otherwise well-intentioned investment decisions. Much has been talked about the Fund’s controversial purchase of the Temangalo land at Shs11b from city businessman Amos Nzeyi and Arma Ltd, a company linked to Security Minister Amama Mbabazi.

There have been issues about the alleged inflated price. This is diversionary and it’s being peddled to side step the bigger issues which are basically- the flouting of the legally bidding rules of procedure in public procurement and the valued practices of good governance that call for transparency and accountability.

The issues which should be examined before pronouncing anyone guilty, among others are; did NSSF management flout procurement procedures as laid out in the Public Procurement and Disposal of Public Assets Authority rules to give undue advantage to one company or person(s)?

Was there undue political influence peddling on part of a senior government officer to secure the deal for a company in which he has declared interest? Was there a cover –up of this political pressure by creating ad- hoc 3rd parties (creation of power of attorney) to facilitate expedient completion of the transaction?

Can this cover-up be construed to mean a direct conflict of interest on all the parties involved in the deal- an act which is against the principles of good governance and the provisions of the Leadership Code Act?

The Solicitor General Mr Billy Kainamura stated in his testimony before the committee that his office was only involved when the negotiations and deal was as good as sealed. He also acknowledged that NSSF never followed the PPDA rules of procurement.

And wait a minute, shouldn’t the accused officers in this matter step aside to allow for a free and fair hearing? It’s standard procedure that once a serious public inquiry of this nature is instituted –those accused take leave of their offices to avoid prejudicing the investigations let alone tampering with evidence.

TO BE CONTINUED NEXT WEEK
The writer is a journalist and advocate
msserwanga@gmail.com

MPS SHOULD NOT ALLOW GOVT TO DESTROY OUR FORESTS

2008-09-11T10:22:00.000-07:00

MPs should not allow govt to destroy our forests
Fighting environmental degradation in a country where the managers of our critical national resources (like forest reserves) are hell bent on pursuing partisan commercial interest than protecting the public good, can quite be a hard job.

In Uganda, it’s even more scary because those responsible for ensuring a clean and healthy environment are executing their duties under constant fear of incurring their appointing authority’s ire.

These managers’ decisions are in most cases on the wrong side of public opinion. And unlike in the more advanced democracies where national leaders and managers of public assets are accountable to the people, in the not so polished societies like ours, public opinion is never a factor in the management of scarce resources.

Although the public mood in regard to the management of our national forest resources has been a mixture of hope , frustration and nervousness over the last three years - the National Forestry Authority (NFA) seems to have taken no clue.

How else can one explain the latest decision by NFA (a body charged with the duty of protecting the country’s forest cover) to grant a licence to Uganda Electricity Transmission Ltd to cut 69 hectatres of Mabira Forest to enable the construction of a new high voltage power line. The power line will run from Bujagali Power Station to the main grid through Kawanda and Mutundwe, west of Kampala.

This is one of such wrong decisions. And it’s imperative for us to remind NFA that there can be no doubt about the dangers posed by their reckless disregard of the conservation of critical resources like Mabira Forest.

NFA’s latest machinations point to one thing though - the well known government plot to illegally parcel out more than 7,100 hectares of the natural forest to private investors like Mehta and now Uganda Electricity Transmission Ltd.

This is what they call human culpability - when people work to destroy their environment - thus threatening their own very existence. With the on-going campaign against global warming resulting from poor management of the world’s environment, everyone including NFA bosses should be deeply concerned about the threat that climate change poses to human security and their economic wellbeing.

This is particularly important because our President is the Chairman of the Commonwealth Heads of Government who in 1989, passed the Langkawi Declaration on the Environment with commitments to support improved land use management, including conservation and sustainable use of forest resources.

According to the declaration, sustainable development should at all times ensure the preservation of standing forests; provisions for reforestation and afforestation; and measures to combat illegal logging and other causes of deforestation. Sustainable development means development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

Unfortunately, Uganda’s sustainable development policy has been poorly thought through, badly implemented and this has caused so much public anger. It’s all about destruction of what remains of our forest cover without planning for the future.

However, much as the government has struck to its guns and is not about to re-examine this botched policy, the law is clear. The Forest Act bars any individual or company from destroying, damaging or disturbing a natural forest except in the course of carrying out activities for the sustainable management of the reserves.

It’s clear from it’s provisions that the Forest Act was intended to provide for conservation, sustainable management and development of forests for the benefit of all the people of Uganda and not a few selfish private investors
Parliament should not give free rein to government to do as they please; to destroy what remains of the country’s forest cover.

Mr Sserwanga is a journalist and advocate
msserwanga@gmail.comt
msserwanga.blogspot.com

SELECTIVE APPLICATION OF JUSTICE IN UGANDA IS SAD

2008-09-02T03:08:00.000-07:00

Selective application of justice in Uganda is sad
Fourty five years ago on August 28, 1963, one of the world’s most celebrated civil rights crusaders, Martin Luther King addressed a sea of people on the National Mall in Washington , USA . On that day , King proclaimed on the steps of the Lincoln Memorial, “I have a dream, that one day, this nation will rise up and live out the true meaning of its creed — ‘We hold these truths to be self-evident: that all men are created equal.’”

The equality Dr King talked about is one of the tenets of our national constitution - that all people are equal before the law. Sadly though, the majority of Ugandans are yet to realise Dr King’s dream because our justice system is poorly managed.

Many citizens continue to suffer due to the selective and unfair application of the law in criminal cases . One of such cases is that of Peace Muhindo , the 15 -year-old girl who was allegedly assaulted by ‘Pastor’ Irene Manjeri Nalongo . The girl who is admitted at Mulago Hospital suffered a spinal cord injury that has left her paralysed following the alleged assault by Manjeri, who is herself a mother of twins.

Muhindo’s case is said to have been poorly investigated by the Police and those responsible for the girl’s suffering are yet to be taken to court. The latest incident is one of a growing list of felons (serious crimes) committed by Ugandan “pastors” .

In America , another Ugandan pastor - the flashy Jackson Ssenyonga of Christian Life Ministries - was arrested and detained for allegedly fondling a 13-year-old girl while on a plane.
The US authorities are now preparing to refer criminal charges against the ‘pastor” for his alleged lewd and lascivious acts against the girl . There is also the case of Mr Julius Lukyamuzi alias Kitaka who was allegedly sodomised by a pastor and is yet to receive justice five years since his case was first reported to Old Kampala Police Station.

In many of these cases, the Police investigators have either deliberately, or incompetently done a sloppy job and we are yet to see any of these self acclaimed men and women of God answer for their criminal acts .

But not all Ugandans are gullible. The citizens are watching and documenting these cases and praying that one day sanity shall prevail over those in charge of our justice system to raise the red flag and say no to the injustices.
And can also take solace in the fact that in every desperate situation, there are people who want to stand up and be counted. This time round, it’s the Police’s head of professional standards unit, Mr. John Ndungutse, who has instituted an investigation against the Police officers who mishandled Ms Peace Muhindo’s case.

Mr Ndungutse’s actions need to be commended because just like many other lobbyists, the pentecostal movement in Uganda, is very powerful. It’s an established fact that the majority of pastors in this country are not only filthy rich , they are also very influential people. This perhaps best explains why many of the criminal cases reported against them have not been successfully prosecuted by the Police and Directorate of Public Prosecution (DPP).

This column has it on good authority that Lukyamuzi“s file is gathering dust somewhere in the DPP’s office. Can someone take action about this specific case at least in the interest of justice. And it’s important because the Constitution has raised the stakes about the citizens’ right to be accorded justice. The DPP should take the high road and prosecute the high profile cases involving the mighty and powerful to ensure justice and accountability.

Mr Sserwanga is a journalist and advocate
msserwanga@gmail.com
msserwanga.blogspot.com

CHEATING AT LDC IS A SHAME TO THE LEGAL PROFESSION

2008-08-26T06:59:00.000-07:00

The Law Development Centre (LDC), an institution that trains would -be judges, magistrates and legal counsels, is back in the news, again for the wrong reasons - examination malpractices.

What a shame! We are aware that cheating is a common phenomenon at all levels in our education system, but for the vice to assume the magnitude reported at LDC, is a disgrace to the noble legal professional.

The cheats at LDC are also an indictment of the moral decadence that is entrenched in our society. It’s common knowledge that in Uganda today, part of the adult population don’t want to work yet they want to live a lavish lifestyle! You find well built man begging for a Shs1,000 to buy a cigarette. Not that the guy is working so hard but earns so little. No- far from it. The chap is simply lazy and is addicted to handouts from his toiling peers.

These are the same people who loiter the streets from January to December doing nothing! They lurk around to mug and terrorise the unsuspecting public because they want to ‘earn’ what they have not worked for. They are not any different from the Karimojong women who are a nuisance on our city roads. They have the energy to produce very many kids whom they torture under the coldness of night life begging for freebies. Yet they can’t apply the same energy to till the land back home and fend for their offsprings. What a tragedy!

Back to the LDC fiasco. The legal profession is tailored around the important virtues of integrity, honesty and knowledge of the substantive law and specific legal procedures. The legal profession is also the custodian of our law.

As the dispensers of justice, one would have expected that integrity, honesty and fairness should be the core values held dear by those who are bestowed with the responsibility of administering justice in society. This is because justice , law and order are the most important factors for the realisation of economic and social development.

Chief Justice Benjamin Odoki, has said that advocates and judicial officials can achieve true understanding and respect only as a public response to their integrity, impartiality , and fair play . These values have to be inculcated right from school and that’s why cheating at LDC is simply inexcusable.

LDC students who cheated were not fair to their colleagues who spent sleepless nights preparing for exams. One of the subjects that are taught at LDC is that of professional conduct. There is a working definition of professional misconduct which covers an act done by a professional man/woman in the pursuit of his/her profession which ‘would be reasonably regarded as disgraceful, or dishonourable by his professional brethren of good repute and competency.” When you seek to take unfair advantage of others then you deserve no empathy from the rest of society.

That’s why the authorities at LDC must impose severe sanctions against those who facilitated the leakages and the students who benefited from the illegal act . The authorities should also review the examination–oriented education system which is basically about cram work and studying to pass examinations. This system retards and is prohibitive to progressive and industrious thinking.

In fact, LDC conducts weekly classroom assessments of students although the points gained account for a very small percentage of the final marks awarded to each student.

But changing the system alone will not help matters if those charged with the duty of imparting knowledge are not liberated from the wanton behaviour of dishonesty that is so prevalent in our society. If we are to eliminate corruption, then that battle should start in our schools.

Mr Sserwanga is a journalist and advocate
msserwanga@gmail.com

IT's SCARY CHILD-ABUSE IN UGANDA IS ON THE RISE

2008-08-19T04:56:00.000-07:00

It’s scary child-abuse in Uganda is on the rise
The media last week carried two saddening reports about two children (girls) who were sexually abused and their lives possibly shattered forever. One of the sexual predators is an 80-year-old man who defiled his 15-year-old grand daughter, impregnating her in the process. The other case involved a teenager who demonstrated no remorse at defiling a 5- year-old baby girl.

These men don’t only abuse the young girls to quench their sexual fantasies but they also infect their young victims with the dreaded HIV/ Aids virus . Sexual assault against the girl-child is one of the worst human rights violations against children.

It’s pretty scary that in Uganda, cases of child-molestation are on the rise. In western Uganda, a woman seems to have paid heed to calls by some radical women activists to castrate defilers – when she severed the penis of a man who defiled her daughter. And the situation can only get worse with many cases of child-sexual assault not being reported to authorities. All this happening when the Criminal Penal Code was recently amended by Parliament to strengthen the sections relating to defilement of young girls.

Men who defile girls under the age of 12 and those who infect them with the killer HIV/ Aids virus suffer a mandatory death penalty. International conventions also provide that children should enjoy the benefit of social security to allow them develop in a healthy environment. But Parliament’s efforts to strengthen the criminal penalties for child- defilers seem to have registered no immediate deterring effects.

As a result, the girl-child continues to suffer disproportionately with no help in sight . The situation is also not helped by the fact that in some cases, parents encourage the beastly abuse of their own children for monetary considerations. Many defilement cases are never reported to the authorities because either the relatives of the abused child have wantonly pocketed a few hundred bucks, or they simply don’t want to ‘annoy’ the domineering male folks. And the abused children suffer quietly for the rest of their lives.

Much as the law can have it’s place in the scheme of things, especially if we have a strong enforcement mechanism, we can’t keep reinventing the wheel either. In a situation where you have parents abusing their own children while others are covering up the crime, the problem ceases to be a family matter. The implications of this slippage in our traditional and social norms, extend far beyond the family unit. It becomes a community/society issue.

But do Ugandans still have the moral high ground to say no to child-molesters! With the advent of the global media and the Internet - our traditional moral values are being eroded at a fast and alarming rate. The extended family which used to help in fostering good values among the young and protect them from abuse, is no more.

We are no-longer each other’s ‘policeman’. Everyone is for themselves and God for us all! But for the sake of the young abused girls – we can surely do something. For instance, it’s not difficult to detect a child who is suffering abuse. They normally develop a range of anti-social and self-destructive behaviours and thoughts, by trying to cope with the abuse as well as trying to understand the situation and why the abuse is happening.

Simply enacting strong laws when we don’t have the will to enforce them, let alone to have the culprits answer for their criminal/ grisly acts, will not be of any help to reverse the male hostility against the girl- child. Children’s rights cannot be perceived as an option - as a question of favour or kindness to children. Children’s rights generate obligations and responsibilities that must be honoured.

Mr Sserwanga is a journalist and advocate
msserwanga@gmail.com
msserwanga.blogspot.com

THE OLYMPICS REVEAL CASE OF DISCRIMINATION

2008-08-12T04:26:00.000-07:00

The Olympics reveal case of discrimination
The 29th summer Olympic games are upon us and the world will remain spell bound for the next three weeks as the human spirit, which is basically about endurance and endeavour, comes to the fore with 10,500 athletes from a record 204 nations chasing 302 medals in 28 sports.

One of such athletes who did not make it for the games though, is Mr Oscar Leonard Carl Pistorius. Although eligible to compete in Beijing, Mr Pistorius did not qualify for the South African team.

Despite achieving third place and a personal best time of 46.25 seconds in the 400 metres in Lucerne, Switzerland, on July 16,2008 he was short of the Olympic qualification time of 45.55 seconds. But what makes Pistorius story fascinating and a subject of this column is not his failure to qualify for the games but his passion, determination, grace and grit to liberate himself from the bondages of discrimination.

Pistorius is a disabled person who against all odds has shown that he too can compete and do it very well against the non- disabled athletes. He has also set a precedent and generally shamed the stereotypes who believe that the disabled should be relegated to the special Olympics specially designed for people with disabilities.

If a disabled person can compete ( and Pistorius has proved this) with non- disabled sportsmen, then they should be given a chance.

Besides, this is the spirit of the Olympics: one world, one dream! Pistorius is a double amputee, and wears “Cheetah” prostheses (artificial legs) to walk and run. But some members of the International Association of Althetics Federation ,(IAAF) could not hear of it .

They argued that his artificial legs would give him an unfair advantage over other athletes. Pistorius petitioned the Court of Arbitration for Sport (CAS) where he won after the court’s decision that he was eligible to compete in competitions under IAAF rules.

Many Ugandans with disabilities similar to those of Pistorius would have loved to be part of the historic event but they cannot because they simply don’t have facilities like those available to athletes from the advanced societies .

That said, Pistorius’s story in the run up to the games is also quite captivating from a human rights perspective. Observance of the rights of disabled persons in conservative societies like ours. All too often, persons with disabilities are perceived to be cases of charity, rather than individuals who are entitled to the effective enjoyment of all human rights as spelt out in chapter four of our constitution.

Traditional explanations of disabled people rest upon the assumptions of the medical practitioners who argue that impairment causes such a traumatic physical and psychological impact upon the individuals affected - that they are unable to achieve a reasonable quality of life by their own efforts.

And then you have the more offensive social tribulations suffered daily by people with disabilities. The well entrenched restrictive environment and disabling barriers. The disabled people are treated like a cursed lot among their non-disabled peers. They can’t do this they can’t do that. And the story goes on.

This is what is called social oppression . It’s institutional discrimination which is clearly repugnant to the spirit of our national constitution: that all Ugandans are equal including people with disabilities. This social tyranny is a perspective that is now recognised as an inadequate basis for understanding disability.

It’s this bias that can best explain why apart from the media no civil rights group or local and national leader came out to condemn, let alone investigate the case of Ms Namusoga (not real name), the 13-year-old blind and double amputee who gave birth after being defiled. We are even yet to hear from the National Union of Disabled Persons of Uganda (NUDIPU) about this particular case.
Discrimination against disabled people is now widely understood as a major social problem that can only be solved by statutory means. Let parliament enact a law that will help empower the people with disabilities.

The writer is a journalist and advocate
msserwanga@gmail.com

MUSEVENI's GOVT MUST RETHINK THE LAND BILL

2008-08-05T02:56:00.000-07:00

Museveni’s govt must rethink the Land Bill
There is no denying that the controversial Land Bill, which partly led to the arrest of Buganda officials more than a week ago, has triggered off panic among the landlords and their impoverished tenants.

Considering the acrimony caused by the proposed law, members of Parliament cutting across party lines are now supportive of a proposal to suspend debate on the Land (Amendment) Bill 2007 given the current politically charged environment over the touchy issue.

The Uganda Human Rights Commission (which is a state institution) has also in its recently released annual report rightly highlighted the numerous problematic areas in the Bill.

They include allowing a Minister for Land to set the rates for the tenants’ rent payable to the landlord, failure to criminalise transactions by a tenant without the consent of the landlord, failure to deal with bad tenants who degrade land and lack of a definition of ‘customary interests’ in land since customary law is not codified or defined.

From all the above, it’s clear that the Bill in its present form is dangerously pitting landlords against tenants in a political confrontation that will register no winners. This is because land is a tradable commodity and a precious factor of production that if you cease to have a legally recognisable owner, no one can pass what in law is called good title. In simple terms, you cannot sell what you don’t own .

This kind of scenario should be avoided for many reasons, but the major one being that it will retard development. Developers will not invest in land as a commodity and factor of production due to the many competing legal rights over land ownership.

This is not to say that citizens should be evicted from their land illegally. The law is very specific about the rights that accrue to individuals who occupy land for a given period of time.

These include the registered land owners (landlords) and those with equitable or secondary interests in land, like the tenants, by occupancy or bibanja holders, the bona fide occupants (people who have lived on any given piece of land for more than 12 years before the coming into effect of the 1995 constitution) and lawful occupants ( those who entered the land with the consent of the registered owner by virtue of the Busuulu and Nvujjo law of 1928).

This column has stated in the past and repeats now that there is no serious lacuna (gap) in our land legal regime. The major problem is the poor implementation of the law and the politicisation of the land conflicts across the country.

Take, for instance, the much talked about evictions of peasants; who is responsible for these said ‘illegal’ evictions? It’s the powerful– politically connected tycoons who are enjoying state patronage and in some cases military generals that are carrying out forcible evictions of people from land without court orders.

In fact the Uganda Human Rights Commission, in its report, states that government has not even attempted to prosecute the perpetrators of the alleged illegal evictions under the current laws which are sufficient.

The evictions are not the work of your traditional landlord who has sat on land with his/her tenants for years! The land problems in this country therefore, will not be solved by political considerations but rather by economically empowering the peasantry to secure their land rights on the open market.

Thus far, there must be social and economic rules that stimulate the freedom and initiative for the masses to secure their land rights and have the legal capacity to put land to productive use. The government should operationalise the much touted Land Fund to help the landless acquire land.

On the same note, President Museveni and his government should accept that throughout the country, there is a convergence of views that the Land Bill is not socially, legally and economically correct.

The writer is a journalist and advocate
msserwanga@gmail.com

RELIGION WILL NOT SHIELD WAR CRIMINALS

2008-07-31T02:24:00.000-07:00

Religion will not shield war criminals
One ardent reader last week expressed his disappointment that for once, this column, had lost its objectivity when it supported the trial of Sudanese President Al-Bashir for crimes against humanity.

The reader stated thus: “You do not deserve to be blamed. You are a victim of a well-organised and well-coordinated campaign against Islam and the Islamic way of life (including governance) worldwide.

This campaign is conducted on all fronts including, but not limited to, mass media propaganda, military invasions, economic sanctions and legal battles. But you also deserve the blame because despite your education background, you have accepted wittingly or unwittingly to be manipulated and used by global anti-Islamic elements.”

For the record, this reader’s views are completely at odds with the arguments that were made- that people need not politicise or radicalise in a religious sense, charges brought against dictators for war crimes and crimes against humanity visited upon innocent, unarmed civilians anywhere in the world.

The function of the International Criminal Court (ICC) as per the provisions of the Rome Statute is above manipulation for religious, political or any other benefit. The judges are given unprecedented independence in the performance of their functions.

The law bars judges of the ICC from taking part in any case in which their impartiality might reasonably be doubted on any ground. Similarly, neither the court’s prosecutor nor his or her deputy is allowed to engage in any activity which is likely to interfere with his or her prosecutorial functions or to affect confidence in his or her independence. The court’s prosecutors are also prohibited from engaging in any other professional occupation.

These are the same principles that govern the special war crimes tribunals set up under special resolutions of the UN General Assembly to try war criminals like in the cases of Rwanda and Yugoslavia.

And in that regard, the international community should take comfort in last week’s capture of Radovan Karadzic, a psychiatrist accused of masterminding the deadly wartime siege of Sarajevo and the executions of up to 8,000 Muslims in Srebrenica during Bosnia’s 1992-95 war, Europe’s worst massacre since World War II. The victims of this brutality were Muslims and this should cement the argument that international criminal law doesn’t discriminate against anyone along religious lines.

The suspected war criminal, Karadzic, has been in hiding for 13 years after he was indicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1995 on 11 counts of genocide, war crimes, crimes against humanity and other atrocities committed between 1992 and 1996.

Governments worldwide have applauded the arrest of the man described by the tribunal as the mastermind of “scenes from hell, written on the darkest pages of human history.” But for the victims and the entire civilised/free world the message is clear: massive human rights violations cannot go unpunished.

The capture of the fugitive demonstrates that nobody is beyond the reach of the law and that sooner or later, all fugitives including our very own, Joseph Kony, and his other indicted Lords Resistance Army (LRA) commanders will be caught and brought to justice.

In the land mark case of Pinochet, another dictator who was indicted for his savage and barbarous crimes, court stated that international criminal law imposes an absolute obligation to all members of the international community to help in the arrest and trial of suspects accused of war crimes and crimes against humanity.

Court further noted that offences against humanity may be punished by any state because the offenders are common enemies of all mankind and all nations have an equal interest in their apprehension and prosecution.
The international community should bring all its resources to bear on the process of ensuring justice and peace in the world.

The writer is a journalist and advocate

msserwanga@gmail.com

ICC WILL FIND EASY EVIDENCE AGAINST BASHIR

2008-07-22T07:27:00.000-07:00

ICC will find easy evidence against Bashir
Another precedent was last week set in the international criminal justice system when a sitting president, Omar el-Bashir of Sudan and one of the worst military dictators on the African continent, was indicted by the International Criminal Court to answer charges of crimes against humanity.

The ICC indictments have been politicised, radicalised in a religious sense and even scorned at by renowned scholars in the field of humanities as being lopsided. This column will not engage in these side arguments.

Instead , let’s examine the fundamentals; the merits of the evidence provided to prove a prima facie case (that on the balance of probability there are criminal legal issues that the court should determine) and therefore Bashir has to be put on his defence.

We also need to do a quick recap- Bashir is the fourth suspected war criminal to be indicted by the ICC in recent time and arrest warrants are out for the leadership of the LRA who are still at large. The question then is, will this global court have all the indicted suspects face trial in the internationally accepted spirit of according justice to the millions of civilians suffering under the dictatorships and the attendant senseless wars?

Well, let’s start by addressing the merits of the evidence available for the ICC prosecutor to prove that there is merit in the criminal charges brought against Bashir so that he is put on trial.

In order to prove that the accused person committed crimes against humanity the ICC prosecutor has got to provide relevant facts in evidence. This he/she can do by providing documentary evidence ( moving or still pictures and or satellite images).

He can also call on the victims to testify as witnesses or to record their narrations to corroborate the brutality visited upon them by the notorious, vicious Janjaweed militia armed and supported by Bashir’s regime in Khartoum.

The documented facts, as we know them, are to the effect that there has been a long running bloody civil war in Darfur region in which Bashir has been a big player. During this war about 35,000 people have been massacred and rape has been used against the unarmed civilian women– as a weapon of war to mastermind genocide in the region. In all, about 2.5 million people have been subjected to a campaign of rape, hunger and fear in refugee camps.

The criminal acts of Bashir are not only limited to southern Sudan. The brunt of his brutality has been felt here in Uganda and President Museveni has stated that he has impeccable intelligence that Bashir has on numerous occasions over a long time, armed and funded the LRA and the Allied Democratic Forces (ADF) rebels who led to deaths of thousands of people in northern and western Uganda respectively.
So, the ICC prosecutor Mr Luis Moreno-Ocampo should not have any difficulty in proving his case before the ICC panel.

The argument made by some scholars that the conflict in Darfur started in the late 70s long before Bashir assumed power in Sudan doesn’t absolve the dictator. In fact the mass slaughter took place as recently as 2003-04.

The ICC also has limitations– it can only try cases for crimes committed after 1998 when the Rome Statute, the law that governs the court, came into force. That said, it’s also pretty damn obvious that a man of Bashir’s pedigree in criminal conduct, will not turn himself in for trial. Khartoum has already rubbished and made a silly legal argument that because they didn’t sign and ratify the Rome Statute that set up the ICC, they cannot submit to its jurisdiction.

Bashir, conveniently ignores a now established principle of international criminal law-- that the ICC has unlimited global jurisdiction. This is the more reason why arrest warrants should be issued for Bashir to stand trial.

The challenge facing the efficacy (effectiveness) of international law has always been its enforceability. For instance the ICC doesn’t have a police of its own to enforce its decisions. It relies on the good will of the civil world.

But that does not mean those who commit acts of genocide and crimes against humanity should be let off the hook. War criminals and leaders who orchestrate violence against civilians should answer for their crimes.

The writer is a journalist and advocate
msserwanga@gmail.com

THE ARMY-POLICE FUSION BREEDS ANARCHY

2008-07-15T06:29:00.000-07:00

THE OTHER SIDE OF THE LAW | Moses Sserwanga

The army-police fusion breeds anarchy
A select committee of parliament has been set up to investigate the conduct of the police following public out try about excessive use of force and outright abuse of authority.

The parliamentary investigations come at a time when government is also being accused of militarising the police force. It’s reported that several soldiers have taken up positions at the police headquarters and others are undergoing training before they are posted to up-country stations.

These developments are worrying because this is surely not the time to turn the police into a military force. The Constitution created the institutions of the police and army for two parallel functions. One is for civil purposes i.e taking care of the internal security ( generally ensuring public order ) and the other (army) to protect our country from external aggression or military attacks.

Similarly the training of the people who are deployed to carry out the two distinct constitutional duties is quite different. Parliament in enacting subsidiary legislation (the laws that operationalise the provisions of our constitution), has created the Police Act and the UPDF Act. Again, two distinct laws to regulated the conduct of two different armed forces.

But given the wanton/unprofessional conduct of many men and women in the police force, it’s becoming evident that they also know very little or nothing at all about the laws that govern their professions. And the problem of ignorance of the law among the rank and file of the police is further compounded by poor training, planning and sheer cowardice-- releasing a bullet should be the last call by any police officer on public duty.

And if that call is to be made at all, it should not be for purposes of shooting to kill unless the police officer’s life is in danger and shoots in self defence. How, for instance, does the police authorities explain the recent Bwaise tragedy where three peopled were shot dead if it’s not due to a combination of poor training and planning (command and control)?

Before the deployment of the police unit that carried out the operation to arrest drug abusers in the Bwaise slum commanders at the headquarters should have assessed the magnitude of the mission, determined the required number of personnel for the operation without endangering anyone.

Instead, a small force was deployed and it was literally overpowered by the very criminals they had gone to arrest. And tragically, the threatened police officers ended up shooting each other including an innocent child! A police vehicle was burnt. The cost to the country is simply maddening.

This bad policing which is a result of mistakes made by the leadership in the police creates an unwarranted culture of impunity and lack of accountability that greatly affects people’s civil liberties. Both the police and the public end up being suspicious of each other. This is the reason why any armed police officer is always ready to shoot at the slightest confrontation.

But the provisions of the law are clear. The use of extreme force, which among others includes shooting to kill, is only allowed in situations of armed resistance or during the arrest of very dangerous suspects such as terrorists strapped with bombs.

The Police Act is more explicit on this matter. Police officers are not allowed to use firearms or excessive force unless they have reasonable ground to believe that their lives are in danger. The police are also required to carry out their duties in a dignified manner especially when dealing with women and children.

The policing strategy of giving soldiers police uniforms will not help improve the image of the force. It can only make it worse. These illegal acts normally erode public confidence and I guess that’s not what the leadership of the police force has set up to achieve.

The writer is a journalist and advocate
msserwanga@gmail.com

ARE TERRORISTS HOLDING THE COUNTRY HOSTAGE

2008-07-08T01:43:00.000-07:00

Are terrorists holding the country hostage
Panic and anxiety has gripped the media fraternity last week following damning acts of terrorism targeting journalists and their operations. First was the well calculated arson attack on the premises of a Kampala tabloid Red Pepper by gunmen captured on CCTV.

The sophistication and confidence with which they conducted their attack in a city with very elaborate security checks should have everyone worried about our lives and what the future holds for the country.

As if that was not bad enough, Mr Sebidde Kiryowa, a journalist working with The New Vision was abducted by four men wielding AK-47 assault rifles at the gate of Sheraton Hotel in the city centre. Mind you, Sheraton is just a stonethrow away from the second home of the president.

Mr Kiryowa’s attackers were riding in similar vehicles like those used by the terrorists who raided the Red Pepper premises. We should now ask the tough questions; is terrorism back on our streets? Are the perpetrators of this terrorism targeting individual journalists and the independent media generally? Are these armed squads, which seem well coordinated and facilitated, working for the mighty and powerful in government to solve personal scores?

Or is this part of the government’s promise to sort out and cramp down on ‘errant’ media and practitioners perceived to be critical of the wrongs of government ? Are we seeing the emergency of militias with a mission to instill fear in the public and effectively curtail the liberties enshrined in our constitution? Should the country take this path at this critical stage of our democracy?

These are very pertinent and legitimate questions which should be answered by both government and the civil society. The managers at the Red Pepper have called upon those in charge of national security to explain the latest wave of armed attacks on the media and unarmed journalists. They deserve answers.

The New Vision Editor in -Chief Els de Temmerman supported by the Uganda Newspapers Editors and Proprietors Association ,(UNEPA) has come out strongly to condemn the abduction, intimidation, torture of journalist(s) and economic sabotage as a grave infringement on freedom of the press.

Temmerman has promised to take the matter to the highest authorities. Hope she does. On the other hand Gen. Aronda Nyakairima , the UPDF chief, deserves a pat on the back for being the only senior national security official to state that no UPDF soldier in active service can carry out terrorist acts against unarmed citizen(s).

President Museveni has also remained firm in his opposition to assassinations whether politically, economically or socially motivated. He is also against the use of fire arms to carry out economic sabotage- we respect him for that.

This column is on record for its support for the death penalty especially for convicted murderers and men who defile children/babies. Similarly, President Museveni’s view that armed terrorists who attack and harass civilians should be prosecuted under the UPDF and Terrorism laws, should garner the support of all peace loving Ugandans.

Of course this is not to say that suspects brought under the operations of the two laws should not face fair trial. The due processes of the law must be respected and followed- but once convicted for terrorism such terrorist(s) must suffer the death penalty.

This country has bled enough. Gone are the days when civilians were picked up on streets by rogue elements in broad daylight and never to be seen again. Daily Monitor is currently running series of the hallowing tales of people who lost their beloved ones in incidents akin to that of the attack on Red Pepper and kidnap of The New Vision journalist.

The goons who attacked Red Pepper and kidnapped Kiryowa committed terrorism and should face the full force of the law. No Ugandan should allow this nation we love so much to slip back to the dark days.

The writer is a journalist/ lawyer
msserwanga@gmail.com

GOVERNMENT IS BACK AT ITS CAT AND RAT GAME

2008-07-01T06:58:00.000-07:00

Govt is back at its cat and rat game
Without shame, and respect to public opinion, government is back to its old schemes to give away about 7,100 hectares of a national treasure- Mabira tropical rainforest- to Mehta Group for sugarcane growing.

But the most bizarre aspect of this latest government plot is the uncoordinated and contradictory actions of the technocrats who serve in the Ministry of Water and Environment.It’s hardly two years when the same technocrats who are now plotting to zone the 29,964 hectares of Mabira and effectively pave the way for its destruction- warned of the severe consequences of such actions.

Early last year these technocrats wrote a detailed memorandum based on scientific evidence that warned of devastating effects that await the country if government goes ahead to change the land use of the forest cover to sugarcane production.

Reminding government about its international and regional legal obligations to conserve and sustainably utilise biological resources, the experts warned that by parcelling out Mabira, the country especially the areas around the forest will suffer water reduction, high temperatures and loss of unique ecosystem whose economic value is estimated at Shs23.3b.

There is no doubt that due to pressure being exerted by the executive to satisfy the greed of a few private investors like the Mehta Group, the same technocrats are now reneging on their word and encouraging the division of the forest into zones. The Ugandan public should be reminded that these machinations by the government will not only worsen the turbulent climatic conditions in the country but are also illegal.

For years now, eminent international researchers have been warning of a climate disaster and Uganda will not be spared if we don’t protect what is left of our natural forest cover. And this can be done in many different ways. First is to put pressure on our parliament not to succumb to the executive’s illegitimate demands to degazette Mabira forest.

The judiciary should also remain active in the global campaign to protect nature for the benefit of today’s and future generations. That’s why it’s imperative for the public to take keen interest in a petition that has been filed by a coalition of environmental activists in the Constitutional Court challenging government’s actions to destroy the forest reserve.

The petitioners led by the Advocates Coalition for Development and Environment have argued in their petition that government’s determination to parcel out parts of Mabira forest have the effect of limiting the citizens’ fundamental right to a clean and healthy environment.

There are quite a number of legal principles that have been developed over time to help preserve a clean and healthy environment. One of them is the intergenerational equity principle that calls for equity and fairness in the exploitation of environmental resources between generations.

In essence the principle demands that the present generation should ensure that the health, diversity and productivity of the environment are maintained for the benefit of the present and future generations.

It’s imprudent for government to serve the interests of a few private investors while ignoring the concerns of the majority of the citizens of this country.

On the thorny issue of Mabira where the public has demonstrated unprecedented solidarity in the resolve to protect this national resource, government should take precaution when making decisions that will hurt national interest. The concept of sustainable development comes in hand here. Any development especially President Museveni’s much touted industrial development should be ecologically viable.

Situations where such development can cause irreversible harm to the environment should be avoided. The destruction of our forest cover spells trouble for the country’s reservoir of biodiversity. The public should remain firm in the struggle to save Mabira forest.

The writer is a journalist and lawyer
msserwanga@yahoo.co.ug

POWERS OF THE PRESIDENT NEED TRIMMING

2008-06-24T09:24:00.000-07:00

Powers of the president need trimming
Just like many African tyrants, Zimbabwe’s strongman, Robert Mugabe’s larger-than-life ego came full circle last week when he decreed that only God can remove him from power!

Mugabe, 84, is so powerful that at most times he seems immortal. But the truth is, there comes a time when we all have to leave the stage. This is not alien to politicians either. What is of essence, however, is how our leaders opt to give up power. Do they want to be carried out on a stretcher like Malawi’s Kamuzu Banda or to die a lonely life with a dollar stuffed briefcase like Congo’s Mobutu Sese Seko Kuku Ngbendu Wa Za Banga?

Whatever the scenario leaders need to be cognisant of the fact that in this new world order where democracies are sprouting across the globe they can’t use extremism as a tool for any purpose. Mugabe has on many occasions locked up his chief political rival Morgan Tsvangirai- denying him a chance to campaign for his ideas on how to take Zimbabwe out of its current predicament .

It’s not surprising therefore, that Tsvangirai who won the March general elections is now weighing his options; whether to pull out of this week’s Zimambwe presidential run- off which is widely expected to be a travesty. Tsvangirai’s MDC has stated that 70 of its supporters have been murdered by Mugabe’s ZANU-PF rampaging militias.

Amnesty International says most of the victims appear to have been tortured to death by their abductors. Soldiers commanded by generals loyal to Mugabe are also going about threatening villagers with guns, instructing them to vote for Mugabe on June 27.

Much of what is taking place in Zimbabwe, a once upon a time food basket of Africa, is not new to Ugandans who have suffered under dictatorial regimes for decades.

The events in Zimbabwe though, seem to have led our own President Museveni to have a personal reflection and express a change of mind ( at least for now) when he told the media on his recent trip to the UK that his old friend should prepare to leave power once he loses the June 27 elections.

This is the same Museveni who like Mugabe had in the past vowed never to hand over power to the opposition even if they had won the presidential elections. And to put this whole question of presidential handover in perspective; should Ugandans trust that Museveni’s word alone will drive a tired senile Mugabe from power if he loses the vote? And should the country’s destiny be left to the swing moods of a leader? This cannot possibly be the best approach to good governance and empowerment of the ordinary people to choose their leaders in a free democratic environment.

As a country we need to encourage development of viable institutions around which politics can be organised. One of these institutions is the Electoral Commission whose independence must be guaranteed by our electoral laws and respected by the incumbent regime.

Sadly though, with the 2011 presidential elections just around the corner, there seem not to be any move by our parliament to clean up the electoral process by amending our laws to measure-up to the present challenges.

Already, the Supreme Court has pointed out numerous loopholes in our electoral laws which, if not corrected, can breed political turmoil in the future. For instance, parliament should amend our constitution and the attendant subsidiary laws to drastically reduce the powers of a president waiting to hand over power to a successor after elections.

Such a president should lose the power to unilaterally declare a state of emergency or suspend the constitution– which powers have been employed by military tyrants to rule by decree and reverse the gains of a growing democracy.

The out going president should also be barred from dissolving parliament and reshuffling the government . These and many other reforms are needed to establish stability in our electoral process. And time might not be on our side.

The writer is a journalist and lawyer
msserwanga@gmail.com

POLICE SHOULD PROTECT,NOT IMPEDE LIBERTIES

2008-06-17T07:16:00.000-07:00

Police should protect, not impede liberties
The recent Constitutional Court ruling on the role of the police force in organised public assemblies and demonstrations has attracted mixed reactions and varying interpretations from the public.

Various interested parties have made differing interpretations presumably to suit their competing agendas. Sections of the society have the misconception that the court ruling generally rendered the broad functions and role of the police in maintaining public order and peace redundant.

As a result, both the public and the leadership of the police force are at loggerheads over whether the police have any role left in policing public assemblies and peaceful demonstrations.

This misunderstanding can also best explain the events of last week when opposition members of Parliament walked out of theBudget presentation session in protest of police brutality. The MPs’ action was justifiable given the manner in which highhanded police officers bundled wo female legislators in a very indecent manner.

From press reports and television images, surely the police officers involved in the fracas with the MPs acted unprofessionally. The Constitution Court specifically examined the powers of the police under section 32 (2) of the Police Act which hitherto, allowed the Inspector General of Police to prohibit (stop) the convening of public assembly or processions.

The petitioner in the case expressed worry that the police was becoming increasingly partisan by blocking the political activities of political opposition parties. The petitioners argued that the unfettered discretion on the part of the police contravened the freedoms of equality, expression , movement and assembly.

On the other hand, the Attorney General argued that the police powers as provided for under Article 212 of the Constitution read together with Article 43 allowed for restrictions on the enjoyment of fundamental rights and freedoms in public interest.

Court rejected the AG’s arguments because Article 20 of the Constitution provides that fundamental rights and freedoms of the individual are inherent and not granted by the State. And that the rights and freedoms of the individual and groups shall be respected, upheld and promoted by all organs and agencies of the government and by all persons.

The court noted that for the police to evoke Article 43 to limit individual freedoms, the grounds for such limitations must be sufficiently important and they should not be arbitrary, unfair or based on irrational considerations. The court also noted that a society, especially a democratic one, should be able to tolerate a good deal of annoyance or disorder so as to encourage the greatest possible freedom of expression , particularly political expression.

So, did the Constitutional Court ruling bar the police from exercising their duties to maintain order at public rallies and during demonstrations? No. In fact, the court noted that the right to a peaceful protest is not absolute. The police have a wide range of powers to control and restrict the actions of protesters.

But the court stated that the police’s powers should not be exercised in an unaccountable and discriminatory manner. In a nutshell, the meaning of the ruling is that the police’s powers should be regulatory but not prohibitive. This same notion is captured in international legal instruments that govern civil policing. In a democracy, the police should serve to protect and not impede civil liberties.

The police should work to create an enabling environment where civil liberties can be realised. Use of excessive force to a degree that police officers can attempt to ‘lift’ a female MP’s skirt is deplorable. However, the police-MPs fracas also exposed the lopsidedness of our Parliament in dealing with the problem of brutality of our armed forces.

Parliament should not wait for their own to suffer the excesses of the police and other related abuses by the State before it acts. The last thing Ugandans want to see is a violent police force.

Mr Sserwanga is a journalist and advocate
msserwanga@gmail.com

MEDIA CRACKDOWN? BYE_BYE TO DEMOCRACY

2008-06-11T06:47:00.000-07:00

Media crackdown? Bye-bye to democracy
Government has set up a special ministerial taskforce in what appears another move by the state to muzzle the media. This is not the first time hardline elements in President Museveni’s government have mooted unconstitutional machinations to clamp down on the independent media.

For all its acclaimed popularity, the NRM government has always been wary of free and independent media. But for all the government’s unconstitutional maneouvres to curtail free speech, Mr Kirunda Kivejinja, the minister of information should be the last person to orchestrate a state inspired media crackdown.

Mr Kivejinja was one of the few brave Ugandans who championed media freedoms and the citizens’ right to access information when he together with two other former cabinet ministers, Mr Bidandi Ssali and Mr Kintu Musoke, started the Weekly Topic, a weekly English newspaper that challenged dictatorship in the early 80s.

The Weekly Topic , just like Daily Monitorm, was an influential newspaper which largely survived on the good will of the people. The paper provided critical analysis of the affairs of the state and offered the last frontier of hope to millions of Ugandans at a time when everything else seemed to have gone to the dogs!

Mr Kivejinja knows too well that an independent free media is crucial for the survival of our young democracy. He should be addressing the damning reports that show an increased state persecution of journalists.

Government’s resolve to silence the media and free speech does not tally with a true democracy. The primary objective of freedom of expression is to empower people to participate in decisions that affect their livelihood. In other words, freedoms of speech, expression and the media are intendend to promote accountability and transparency in the governance of the state.

The Supreme Court has cemented this principle of the law by stating that ; “ in a free democratic society it is almost too obvious to need stating that those who hold office in government and who are responsible for public administration must always be open to criticism. Any attempt to stifle or fetter such criticism amounts to political censorship of the most insidious and objectionable kind.”

Among the tasks set for the cabinet ad hoc committee is to explore how the independent media has become a “ mouthpiece” of the opposition. But a democracy means that there will always be two or more competing views- political and otherwise- to allow those who are governed the freedom to make a free choice on how they should be led. The media is just a vehicle by which these democratic ideas are conveyed.

On the balance, government has the largest share of the media platform in this country. By owning two national newspapers, a national radio network and television, the government far outcompetes its political rivals in having its political philosophies and policies disseminated to the masses.

So the Minister of Information cannot make the argument that the state is threatened by independent radio, TV stations and newspapers because they give negative publicity to the government.

In any case, governments all over the world can only sell their policies to the public and the media for support. They cannot force people nor the media ‘ toe the government line.’

We already have a broad legal regime to govern the media in this country. The Press and Journalists Act and the Electronic Media Act are laws which provide for regulation of journalists in public practice and set ethical standards for their conduct.

The laws also provide for disciplinary procedures and measures that can be taken against errant media. The problem is that the state has done very little to enforce these laws to ensure fairness on part of the media and the aggrieved public.

The law should be employed to protect the public good and not political ambitions of a few in leadership.

The writer is a journalist and advocate
msserwanga@gmail.com

WIDENING ACCESS TO HIV/AIDS DRUGS IN UGANDA

2008-06-10T07:28:00.000-07:00

Widening access to HIV/AIDS drugs in Uganda
15 May 2008

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By Moses Sserwanga in Kampala
Uganda has been widely praised by the international community for its openness and effectiveness in the fight against the HIV and AIDS. Antiretroviral drugs (ARVs) – the main treatment, which can stop people from becoming ill for many years – are given to between 80,000 and 100,000 people, free of charge.

But that leaves at least another 100,000 HIV-positive Ugandans who do not have access to these life-saving medicines.

The background picture
First of all, many people do not even know they are infected.

"Some people with disabilities cannot get ARVs because of lack of information," Francis Kinubi, chairperson of the National Union of Disabled Persons of Uganda, recently told a meeting of the Africa Campaign on Disability and HIV/AIDS in Kampala.

"We don't have information about ARVs provided in braille form for the blind," he said. "We want HIV and AIDS services in terms of testing, ARVs, counselling and treatment."

In addition, despite numerous educational and information campaigns, stigma remains a problem. Some people are afraid to take HIV tests and register for medicine for fear that they will be shunned by their communities and work colleagues for immorality and accused of spreading the disease.

Others want to take the test, but are deterred by the cost and time of travelling to a test centre.

"It’s not easy, because you have to undergo a number of tests and counselling before you qualify for ARVs," says Gladys Bambola, a 44-year-old widow, whose husband died of AIDS in 1994 and who is herself HIV-positive. Bambola points out that a 15-kilometre journey by matatu (shared taxi) to a clinic will cost about 2,000 Uganda shillings ($2) – a sum equivalent to a rural family’s food and basic essentials, such as salt and soap, for a week.

"The testing itself is expensive," she says. It can cost Sh23,000, a month’s earnings for some poor villagers.

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An expensive business
The expense continues when you have to get to a clinic to collect your medicines. Madina Kayonga complains about the difficulty of making the 30 kilometre journey from home to clinic. "Apart from the long distances, the transport costs make it increasingly difficult for me, and other patients, to reach the health centre." The round trip by matatu costs Sh5,000 – equivalent to the cost of a week’s food.

Testing and qualifying for free ARVs may not be enough. As in most developing countries, Uganda’s health infrastructure is weak and disorganised. It is short of health workers and lacks storage facilities, laboratories, equipment, medicines and efficient data management.

"We can talk about the numbers and sites where ARVs are provided," says Beatrice Ware, an HIV-positive activist, "but as long as these centres don’t have enough storage facilities for the drugs or laboratories to carry out tests and there are no health workers to administer the drugs, we cannot achieve much."

Sometimes mismanagement keeps drugs on the shelves so long that their use-by date expires; sometimes poor record-keeping means that too few drugs are ordered. When this occurs, patients cannot get the drugs when they need them, as Andrew Luyombo of the Uganda National Health Consumers Organisation confirms.

"In one rural health centre we realised that orders were falling behind demand," he recalls. "So we talked to the district health officer to involve the community in the planning process so that they got all the drugs they need. Now we have talked to officers in other districts too."

Shortages are more common in rural areas, where it is harder for the Government to organise regular deliveries.

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Stamping out corruption
Asaph Byamukama, the Uganda finance and grants manager of the International HIV/AIDS Alliance, says the Alliance is helping expand the role of networks of people living with HIV by training network members. It has agreed with the Ministry of Health that some drugs will be distributed through patient groups in order to reach as many patients as possible and reduce transport costs. The Alliance, which is funded by the US Agency for International Development, is donating bicycles and motorbikes to make drug distribution easier.

But there’s another bottleneck – one that’s harder to deal with: corruption.

Some ARVs are sold on the black market or diverted to private clinics. A healthworker who preferred to remain anonymous for fear of dismissal admitted that "at the district level we have a big problem because procuring the drugs takes forever and, at times, when they come they don’t reach the people waiting for them."

Asaph Byamukama says the Government is trying hard to deliver ARVs to people throughout the country, and undoubtedly much has been achieved. Nevertheless, poverty, travel difficulties, maladministration and a host of other barriers show how hard it is to ensure that patients access the drugs that will extend their lives.

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Note for editors
The newly launched Medicines Transparency Alliance (MeTA) will bring together government, business and civil society to share information and analysis about the problems around the supply of medicines in Uganda, including their quality, availability, price and promotion, and work together to explore possible solutions. This is part of a global effort, initially funded by the UK Department for International Development (DFID) in collaboration with the World Health Organization (WHO) and the World Bank to encourage greater transparency and accountability around the procurement, supply and use of medicines. MeTA will work initially in seven pilot countries – Ghana, Jordan, Kyrgyzstan, Peru, the Philippines, Uganda, and Zambia

GOVT GOT ITS MEDIA STRATEGY TOTALLY WRONG

2008-06-10T04:28:00.000-07:00

Govt got its media strategy totally wrong
Government has heightened its preparedness to clamp down on the independent media. President Museveni’s attack on Daily Monitor in his State of the Nation address last week was a clear signal that government was not about to respect press freedoms and freedom of thought in the country.

In fact, by the time Mr Museveni was venting his anger at the media, a group of middle aged state operatives were in communist China to acquire skills on how to muzzle the media.

The Uganda Newspaper Editors and Proprietors Association has rightly and promptly objected to the state machination’s to gag the media.

It’s a fact that journalism is no easy task at the best of times- especially when questions are raised about the workings of journalists and the capacity of the media especially those outside the realm of government- to provide accurate, reliable and timely information on the conduct of those who are in charge of running the government.

The role of the media in a young democracy like Uganda is very crucial in highlighting and exposing the wrongs/excesses of government officials and the widespread corruption in public service.

And while media firms and journalists’ groups like UNEPA should promote higher professional standards among journalists, it’s also the duty of the press as the 4th estate to oppose abuse of power by those who are in authority.

It’s now an accepted international legal norm that a free media is essential for creation of democratic societies. This is a universal and fundamental right.

During his address, Museveni displayed a copy of Daily Monitor, which he claimed carried a false story about the sale of Dairy Corporation to a Thai investor for a nominal fee of one dollar.

But apart from bashing the newspaper for publishing ‘falsehoods’ no government official- not even the President- has come out to put the facts right on what transpired in that transaction.

Just like the secretive oil extraction contracts being entered into by government, the citizens have an inherent right to know what their government is doing. Because whatever government officials do, they do it or should do it for the benefit of the people.

That’s why government has got its media strategy fundamentally wrong. In the wake of enormous changes now overtaking the media; the advent of digital reporting, text news messages and global phenomena of the dot-com journalism, it’s futile for government to send its media brains for training in a communist country still buried in medieval times where rulers are the law.

It’s on record that China and North Korea are still the worst abusers of media and other human freedoms in the world. But they too are now feeling the pinch for sticking to the primitive draconian communist policies which were designed to stifle civil liberties and protect tyrants.

But being the hosts of the Olympic games set for August, China is now left with no option but to open up to the outside world and embrace a free world with a free media. North Korea is following suit.

The Uganda government therefore should be sending its media strategists for training in vibrant democracies in Europe, India and America to learn from their experiences on how to counter ‘negative’ publicity, but not to the restrictive/ undemocratic regimes like China.

Government should provide open access to official information and should train its spokespersons and media strategists on the need to provide media with up-to-date and reliable information on all matters of governance.

A media strategy that encourages intellectual discourse, openness on part of government, dialogue and tolerance for divergent views will go a long way to grow our democracy. Gagging the media is not a good idea and it won’t work.

The writer is a journalist and advocate
msserwanga@gmail.com

KONY's SAFETY CAGE RAPIDLY GETTING NARROWER

2008-06-10T04:21:00.000-07:00

Kony’s safety cage rapidly getting narrower
Joseph Kony whose spent rebel outfit , the LRA has murdered about 30,000 people in northern Uganda has fooled the world many times. But not this column which has for a long time made the argument that Kony an indicted war criminal cannot escape justice.

The architects of the failed peace talks did not appreciate the fact that Kony, aware of the crimes he has committed, knows too well that he stands no chance of escaping trial in the International Criminal Court (ICC) together with four ofhis top commanders.

And unless he commits suicide (like Nazis’ Adolf Hitler) or dies fighting as he has recently vowed; he can at best run but not hide forever. The international community in unprecedented solidarity is now resolute in its pursuit of justice; to apprehend and prosecute war criminals and every person or group of people who commit crimes against humanity.

The recent arrest of former Congolese warlord, Jean-Pierre Bemba, after he was indicted for crimes against humanity and war crimes serves as a clear example that those who take up arms and commit crimes against civilians in their bloody quest for political leadership, driven by greed, have no place in the civilised world.

Bemba is the 4th person to be arrested by the ICC which has also issued arrest warrants for Kony, Vicent otti, Okot Odhiambo and Raska Lukwiya who are all facing 33 counts of war crimes and crimes against humanity. The ICC is also looking for Bosco Ntaganda who is accused of commiting crimes in Ituri and Kivu and Ahmed Harun, the Sudanese minister who is accused of similar crimes in the troubled Darfur region.

According to the Rome Statute the law which provides for the arrest and trial of international war criminals, crimes against humanity include murder, sexual slavery forcible transfer of population (call it abductions in the case of Kony), which acts are committed as part of a widespread or systematic attack directed against any civilian population.

It’s on record that Kony has committed all the above crimes; he has for the last 20 years led a marauding vicious rebel outfit that has massacred thousands of people, maimed, raped, defiled and abducted thousands of others many of whom are still in captivity.

The ICC prosecutor has warned that army or rebel commanders can no longer order for murder of civilians or authorise commission of rapes and abductions and think they will escape justice.

The Rome Statute provides that member states, including Uganda, should not take any legislative or other measures which may be prejudicial to the international obligations they have assumed in regard to detection, arrest, extradition and punishment of persons guilty of war crimes.

Once a person has committed war crimes, domestic amnesty law can’t protect such a person or group. That’s why the billions wasted on a futile peace process to lure Kony out of his hideout in the jungles of DR Congo should instead have been spent on reconstruction and strengthening security in the war ravaged northern Uganda.

The millions of displaced people who are now returning to their homes need maximum security. This is because freedom and democracy can only flourish if there is security. In the meantime, the Uganda government should cooperate fully with the international community to have Kony and his co-accused arrested for trial.

This is the prudent thing to do especially that President Museveni is the key complainant in the matter.
The relative peace in the north should not make us rest on our laurels and deny the long suffering people of northern Uganda justice.

The writer is a journalist and advocate
msserwanga@gmail.com

UGANDA COLLAPSING UNDER WEIGHT OF

2008-05-20T06:04:00.000-07:00

Uganda collapsing under weight of big govt
Civilised societies across the globe are rejecting the idea of big governments -largely because they offer a fertile breeding ground for bad governance and corruption.

Dictators use big governments to reward their cronies in order to entrench themselves in power. This political strategy is very significant especially when a political leadership’s popularity dwindles.

And while all these political machinations are being carried these self-centered politicians conveniently ignore the fact that there is a price to everything we do. That’s why 26 out of the 51 new districts created by President Museveni’s government since 1990 are collapsing under the weight of debt.

Another 75 districts have written to the Ministry of Local Government begging for money because they are unable to generate enough cash on their own to deliver services. The depression being experienced in the new districts defeats the whole essence of the much touted decentralisation policy.

Decentralisation was meant to take services nearer to the people but with the creation of new districts much of the resources have had to be diverted to pay for local leaders’ salaries and allowances.

The local governments’ financial woes are compounded by even a bigger but similar national problem. President Museveni is already presiding over the largest government in Africa, 72 ministers, over 100 Resident District Commissioners (RDCs) and their assistants plus a growing list of presidential advisers.

Ironically, the minister in charge of the bloated local governments, Kahinda Otafiire, and MP for Ruhinda is himself opposed to the splitting of his home district Bushenyi into more districts. Otafiire’s stance not to burden his people with additional administrative costs through the creation of new districts in Bushenyi should be applauded but it must also be put in context.

Otafiire is a senior member in Mr Museveni’s cabinet. He should therefore be among the cheer leaders for the government’s districts creation policy. He has instead stood his ground and opposed the division of Busnheyi district. What does this mean?

It means that there is a terrible lack of cohesion in public administration under the current regime. It further shows some government decisions are not taken at cabinet level where there is collective responsibility.

It’s clear from this experience and others witnessed over the years that some important decisions in this country are taken by just a few powerful politicians with little or no regard to techinical advice let alone public opinion.

But this individualistic approach to public service and governance does not only frustrate the technical arm of government, but also leads to waste of public resources.

It also offends the spirit of our national constitution which explicitly advocates good governance to allow for equitable utilisation of national resources. We are already having a failing public health sector, a deteriorating national road network, a confused education system (some UPE kids still study under trees), lack of clean water for the majority of the population etc.

We simply cannot afford the huge cost that comes with running a big government. The billions of shillings spent on sustaining a large cabinet and puffy local governments should instead be used to improve provision of public services.

And now that some ministers have also come out publicly to complain about poor pay and confess that they have never met the appointing authority, it’s time for the president trimmed his big government. Districts should be abolished and regional local governments set up to ensure effective public service delivery.

The writer is a journalist and advocate
msserwanga.blogspot.com

YOU CAN'T GAG PRESS AND BE A DEMOCRAT

2008-05-13T06:56:00.000-07:00

You can’ t gag press and be a democrat
THE OTHER SIDE OF THE LAW

The World Press Freedom Day was marked last week on May 3, with Uganda registering no marked improvement in media freedoms. In fact, the state continued to raid media houses with the latest being The Independent, a bi–monthly magazine in Kampala.

At Daily Monitor, no less than 10 journalists including senior editors are at various stages of prosecution for alleged publication of false news, criminal libel and sedition. This is irrespective of the fact that all the highlighted offences are obsolete in a democratic society which Uganda purports to be and are in total contravention of the constitution.

Chapter four of our constitution provides for freedoms of speech, press and expression. And in the landmark supreme case of Charles Onyango-Obbo and Andrew Mujuni Mwenda vs. Attorney General (AG) court stated: “It’s difficult to imagine a guaranteed right more important to democratic society than freedom of expression. Indeed, a democracy cannot exist without that freedom to express new ideas and to put forward opinions about the functioning of public institutions.”

Court emphasised the fact that press freedom and the individual’s right to express ideas and thoughts freely cannot be suppressed unless the situations created by allowing the freedom are pressing and the community interest is endangered. This means that the anticipated danger to national security and public order should not be remote, conjectural or farfetched.

But in Uganda the government continues to treat press freedoms as a matter of strategic public bluster and not a constitutional guarantee. This is because the state functionaries are averse to public criticism because of the irrational and, in some cases, undemocratic manner in which they run government.

That’s why government often unleashes security agents to harass, beat and lock- up journalists for a mere spoken or written word.
One wonders why a government with two national newspapers, two radio stations and a national television should panic just because one or two private publications have run a “negative” story about the state.

Why can’t government with all its well paid media advisers and strategists counter the alleged falsehoods peddled by the “errant” private publications through public sensitisation and provision of the correct information other than threatening and making the life of journalists very difficult?

Why should the state intimidate its citizenry while at the same time claim accolades for being democratic? A vibrant and free media environment is but the hallmark of civil liberties.

There is no denying that the media practitioners have to act responsibly. It’s also true that some elements in the media are guilty of partisanship, corruption, lack of professionalism due to little or no professional training. But these ills should not be the basis for government to gag the press.

The Press and Media Act has sufficient cure for all these ills. There are sanctions which can be imposed on wayward journalists, such as suspending or cancelling their practising certificates after a fair hearing.

There is an elaborate appeal process right up to the Supreme Court and better still the aggrieved public can sue to recover damages and be compensated for the wrongs suffered at the hands of journalists.
The state therefore has no justification nor constitutional authority to arrest journalists and have their houses ransacked for purported crimes not recognised under our constitution.

A free media environment allows citizens to enjoy their constitutional rights to access information freely so that they make informed decisions about how they should be governed. These rights cannot be taken away by the state because they are inherent.

The media being the last frontier to realising civil liberties should never give in to state patronage let alone harassment.

The writer is a journalist and advocate
msserwanga@gmail.com

WE JUST CAN'T LET THESE DEFILERS OFF THE HOOK

2008-05-06T02:03:00.000-07:00

We just can’t let these defilers off the hook
The case of Ms Namusoga (not real name for respect of the girl’s privacy), the 13-year-old disabled girl who gave birth last week in Iganga after being defiled by an unknown pedophile has once again brought to the fore the growing problem of child abuse in the country.

Apart from being underage, Namusoga is blind, crippled and deaf. But her condiotion did not stop a senseless man from defiling her- leading to an unwanted pregnancy that could only impair the victim further. Imagine the physical torture and mental anguish of this little girl who could not see nor protest against the criminal acts of her tormentor.

And it cannot help matters either if it’s established that in this specific case, the grisly sexual assault was carried out by a family relative. The fact that the girl was crippled after a severe attack of a curable disease- malaria is also testament to the gross violation of children’s rights in poor developing countries like Uganda .

Defilement is the leading form of violence against the girl child in Uganda, according to human and child rights organisations. Strangely though, most defilement cases are settled at family level even when the offence of aggravated defilement like in the case of Namusoga carry a mandatory death penalty on conviction.

This means that the wider Ugandan society does not take defilement as a serious offence. In most cases the offenders are let off the hook after an exchange of small material gifts. In other cases, the defiled children’s dignity is traded for one or two goats. This is sad to say the least.
But what’s child abuse?

In simple terms this is any mistreatment or neglect of a child that results in non-accidental harm or injury and which cannot be reasonably explained. Child abuse include physical, emotional and sexual abuse and neglect.

We don’t want to pass judgement here, but why would the relatives of this disabled young girl leave her at home alone? This is the kind of inhuman treatment that most disabled persons experience in their daily lives. Society looks upon them as outcasts. For goodness’ sake disability does not extinguish a person’s fundamental rights to live a health, happy and decent life.

According to social workers and human rights activists, among the factors that contribute to child abuse include lack of parenting skills, unrealistic expectations about children’s behaviour and capabilities, a parent’s own negative childhood experience, social isolation etc. Child abuse therefore is a symptom that parents/guardians -whoever is in care of a child are having a difficulty coping with the obligation imposed by a duty of care for the young ones.

Ugandans should therefore wake up and stand firm to fight one of the worst forms of human torture and brutal crime of child defilement. All of us have a responsibility to ensure children are safe whether they are our relatives or not . There is a community responsibility to nurture, protect and guide the young generation to grow up and become responsible citizens.

The law governing the welfare of children especially those with disabilities imposes a strict responsibility on the parents and the state to afford children with disabilities facilities for their rehabilitation and care by provision of equal opportunities.

But there is an urgent need for parliament to re-examine and harmonise the laws that govern the welfare of children . The Children and Penal Code Acts are particularly lacking when it comes to child abuse related offences.

The law for instance should punish parents/relatives who conspire with defilers to defeat justice by not reporting defilement cases to the authorities. The penalties provided for in the Children Act for child abuse offences are too weak to have a meaningful deterrent effect.

The country owes this little girl, Namusoga, a debt that would possibly never be paid. Defilement is horrible and inhuman and it must be fought by every sensible citizen.

The writer is a journalist and advocate
msserwanga@gmail.com

VITAL QUESTIONS GOVT MUST ANSWER ON BUDO

2008-04-22T07:07:00.000-07:00

Vital questions govt must answer on Budo

About 40 children have died in boarding primary school fires in the last two years alone with the latest being Budo where 20 (8- year-olds) perished. At least 21 fire outbreaks have been reported in both primary and secondary boarding schools in the last six years.

The statistics are shocking given the fact that the government has done little or nothing to stem this destructive trend. It’s equally alarming for a whole Cabinet minister in charge of Education, Ms Namirembe Bitamazire to publicly concede that her ministry doesn’t have capacity to supervise and monitor education and safety standards in both private and government schools throughout the country.

One will then wonder why a ministry with no capacity to enforce standards in the growing number of schools should licence them in the first place. Then you have an awkward policy where primary schools are left to the control of local authorities while secondary schools are under the direct control of the Ministry of Education.

And all this haphazard management of our education institutions is carried out at the time when greed which comes along with commercialisation of education takes centre stage at the peril of innocent lives, property and education standards in the country. Like in the case of Budo, many schools are crammed with pupils/students which ultimately leads to crowded dormitories. You find pupils sleeping on four decker-beds in very poor conditions. Surely!

That’s why some fundamental questions need to be answered by the Ministry of Education leadership and the government in general. Does the ministry have safety standards and regulations for boarding and day-mixed and single primary and secondary schools?

Does the ministry have an inspectorate department that monitors schools to enforce the standards? Should commercialisation of education ( a P.1 pupil at Budo pays a whopping Shs600,000 per term) take priority over safety standards and instilling good values in the youngsters?

International legal instruments and our Constitution call for the special protection of children - to allow them their individual rights to develop physically, mentally, morally, spiritually and socially - in a healthy and normal manner and in conditions of freedom and dignity.

This is why those responsible for the Budo murder - yes murder, should not escape the rule of law. Right from the top leadership in the Ministry of Education down to the gateman on that fateful Tuesday night – must all be brought to account.
President Yoweri Museveni has called it criminal negligence but to many others - this pure is murder. The elements of a criminal case of murder are clear.

There must be a dead body (we have many bodies at Budo), malice aforethought and the participation of the accused person plus of course the killing must be unlawful. All these elements can easily be established in the Budo tragedy. But then, you have a frustrating police force which is bedeviled with a terrible lack of capacity to carry out conclusive investigations and gather compelling evidence to have a successful prosecution.

Don’t forget that this same police under its department of Criminal Investigation Department (CID) for reasons only known to itself, has failed to conclusively investigate many cases including those of some notorious pastors who sodomise teenagers.

The Fire Brigade is just a department in name. With a handful of very slow moving fire engines they normally show up after destruction has already happened.
So what should the Budo parents do under these worrisome circumstance? They can still find a remedy in civil negligence and occupier’s liability.

Government cannot escape under these torts (civil actions ) because of the principle of vicarious liability ( master to servant , principal and agent) relationship.

The writer is a journalist and advocate
msserwanga@gmail.com

About 40 children have died in boarding primary school fires in the last two years alone with the latest being Budo where 20 (8- year-olds) perished. At least 21 fire outbreaks have been reported in both primary and secondary boarding schools in the last six years.

The statistics are shocking given the fact that the government has done little or nothing to stem this destructive trend. It’s equally alarming for a whole Cabinet minister in charge of Education, Ms Namirembe Bitamazire to publicly concede that her ministry doesn’t have capacity to supervise and monitor education and safety standards in both private and government schools throughout the country.

One will then wonder why a ministry with no capacity to enforce standards in the growing number of schools should licence them in the first place. Then you have an awkward policy where primary schools are left to the control of local authorities while secondary schools are under the direct control of the Ministry of Education.

And all this haphazard management of our education institutions is carried out at the time when greed which comes along with commercialisation of education takes centre stage at the peril of innocent lives, property and education standards in the country. Like in the case of Budo, many schools are crammed with pupils/students which ultimately leads to crowded dormitories. You find pupils sleeping on four decker-beds in very poor conditions. Surely!

That’s why some fundamental questions need to be answered by the Ministry of Education leadership and the government in general. Does the ministry have safety standards and regulations for boarding and day-mixed and single primary and secondary schools?

Does the ministry have an inspectorate department that monitors schools to enforce the standards? Should commercialisation of education ( a P.1 pupil at Budo pays a whopping Shs600,000 per term) take priority over safety standards and instilling good values in the youngsters?

International legal instruments and our Constitution call for the special protection of children - to allow them their individual rights to develop physically, mentally, morally, spiritually and socially - in a healthy and normal manner and in conditions of freedom and dignity.

This is why those responsible for the Budo murder - yes murder, should not escape the rule of law. Right from the top leadership in the Ministry of Education down to the gateman on that fateful Tuesday night – must all be brought to account.
President Yoweri Museveni has called it criminal negligence but to many others - this pure is murder. The elements of a criminal case of murder are clear.

There must be a dead body (we have many bodies at Budo), malice aforethought and the participation of the accused person plus of course the killing must be unlawful. All these elements can easily be established in the Budo tragedy. But then, you have a frustrating police force which is bedeviled with a terrible lack of capacity to carry out conclusive investigations and gather compelling evidence to have a successful prosecution.

Don’t forget that this same police under its department of Criminal Investigation Department (CID) for reasons only known to itself, has failed to conclusively investigate many cases including those of some notorious pastors who sodomise teenagers.

The Fire Brigade is just a department in name. With a handful of very slow moving fire engines they normally show up after destruction has already happened.
So what should the Budo parents do under these worrisome circumstance? They can still find a remedy in civil negligence and occupier’s liability.

Government cannot escape under these torts (civil actions ) because of the principle of vicarious liability ( master to servant , principal and agent) relationship.

The writer is a journalist and advocate
msserwanga@gmail.com

THESE CHILD MOLESTERS BELONG TO THE GALLOWS

2008-04-16T02:02:00.000-07:00

These child molesters belong to the gallows
Last week Daily Monitor’s new M2 section carried a sad story about a 9-year- old girl Jan ( not real name for respect of her privacy) who was robbed of her childhood by a ‘trusted’ uncle who defiled her several times during a short holiday. Now, this is the kind of horrendous crimes committed against children that should send the offending culprits to the gallows.

With so many call/ street girls and pimps in town and with many women looking for men for all sorts of things from marriage to being the ‘father of my children’ and just having pure; how do we still have in our society pedophiles (beastly men ) who abuse children/toddlers who are too young to make sound judgments on their own?

And child molesters are not only in Uganda . They are all over the world. A 58-year-old grandfather was recently deported from Australia to UK when he demonstrated no remorse after sexually assaulting more than a dozen young girls.

These pedophiles are so sadistic that they even videotape their criminal acts and post them on the World Wide Web (WWW) for everyone to see!
Just last week, another prominent pastor in Kampala was exposed by the media for sending explicitly sexual and obscene e-mails to his step daughter.

This shameless pastor falls in the category of men and women who go out on intimate dates but later develop feelings for their partners’ children.
This wanton behaviour is not only about being lustful, it’s criminal under the charge of incest-- a serious offence in the criminal penal code which attracts a maximum sentence of life imprisonment on conviction.

But life imprisonment sentences are not good enough for people who sexually assault babies. Such convicts should face the guillotine and the law needs to be amended in this respect.

Our society is so sick that you have people who have made it a habit to litter used condoms even when a pit latrine is just next door. Unsuspecting children pick and playfully blow these used condoms mistaking them for balloons and in the process get infected with all manner of diseases.

And because our society is largely indifferent and inhibited; children are not told that when a man whether their uncle(s) or brother(s) or stranger(s) for that matter touches their private parts or kisses them on the lips, they should report him to their father, mother or aunt or teacher.

This is of course not to forget that some parents especially fathers too have abused their own children (daughters). A good number of them are serving jail terms in the ‘university of understanding’- Luzira.

But given the HIV/Aids pandemic that is still eating deep into the fabric of our society, this is just about the time when parents should open up to their children .

At the age when a child enrolls for primary one, he or she should be told and warned about the bad things to look out for and try to avoid. For the babies– well, mothers just have to be vigilant. Some people have argued that child defilers are in most cases mentally demented. This is the more reason why such people should not be allowed to lurk around. They should be locked up or face the death penalty.

It’s equally wrong for judicial officers to advise aggrieved families to settle defilement cases out of court. Reported cases where judicial officers have failed to dispose of defilement charges must be investigated and the errant officers punished. Otherwise people will lose trust in our justice system.

The laws have to be enforced to the letter to accord children special protection to enable them develop physically, morally and socially in conditions of freedom and dignity.

The writer is a journalist and advocates
msserwanga@gmail.com

WHY KILL THE COUNTRY's TOURISM FOR LIMESTONE?

2008-04-08T02:33:00.000-07:00

It’s hardly three months since pastoralists who had illegally settled in Queen Elizabeth National Park were evicted. Now the national treasure is faced with yet another real threat- limestone extraction.

Everyone should be worried that Queen Elizabeth once teaming with unique wildlife is increasingly being targeted for illegal activities.

Already, large swatches of pasture for animals are destroyed by bush fires set off by suspected arsonists and now you have a privately owned company poised to have the park as its mining ground. Environmentalists have vowed to sue government, Kasese district local authorities and management of Hima Cement Factory which has acquired a permit to extract limestone in the park. This is because mining will greatly affect wildlife population and jeopardise the tourism industry.

The managers and owners of Hima are adamant because to them extraction of limestone in the national park will sustain cement production at the Kasese-based factory. Hima management has projected that 25 years of limestone mining in the park will save the country a lot of money for cement imports.

But what is more annoying about this whole saga, is the fact that the National Environment Management Authority (Nema) whose primary objective is to protect the country’s environment, has also fallen prey to baits of industrialists and issued a certificate of approval albeit with funny conditions.

Funny, because according to Nema, Hima factory can go ahead and carry out mining activities in Queen Elizabeth as long as they ‘mitigate’ any undesirable environmental impacts.

It obvious that limestone extraction will greatly impact on the park’s wildlife. Dr Chris Bakuneta, an influential member of the Uganda Wildlife Society has already warned that the proposed mining activities will change the general animal behaviour. Some animals like the giant elephants could become agitated and violent while others will just go in flight- in search of safe a environment/sanctuary, say in the jungles of DR Congo.

Now, compare the money the country will gain on cement imports, which Hima claims will be saved by tampering with the ecosystem in Queen Elizabeth, to the estimated $80m that was generated by our tourism industry after 600,000 tourists visited the country last year.

For a poor economy like ours and given the facts highlighted above what’s the justification for the government’s decision to encroach on a tourism gem if it’s not for selfish interests, utter greed and the rampant corruption in public service?

The rate at which our natural resources are being destroyed is not something to be trifled with. The manner in which our leaders dole out national assets to private investors is disgusting. Already huge sums of money are being spent by the international community to encourage the sustainable use of our national resources. The World Bank, through its Protected Areas Management and Sustainable Use (PAMSU) project which began in 1999-2009 is one example.

Why then should the Ugandan taxpayer and our donor friends spend so much money on improving the country’s ability to attract tourists when the government is pulling down such noble efforts?

According to the provisions of the Uganda Wildlife Act, the purpose of a national wildlife area such as Queen Elizabeth National Park, is to preserve populations of rare, endemic and endangered species of wild plants and animals and to generate economic benefits from wildlife conservation for the people of Uganda.

No where in the law is commercial mining allowed in a national park unless when degazetted by parliament for such purposes. Therefore, Hima’s advances to ‘defile’ Queen Elizabeth park must be resisted.

The writer is a journalist and Advocate
msserwanga@gmail.com

WHY THIEVES IN GOVT ARE NOT AFRAID OF PRISON

2008-04-01T06:39:00.000-07:00

Why thieves in govt are not afraid of prison
THE OTHER SIDE OF THE LAW: Moses Sserwanga

One of President Yoweri Museveni’s flamboyant and trusted senior army officers General James Kazini is in the coolers at Luzira Prison after he was last week convicted by a military tribunal for creating ghost soldiers in the army and pocketing Shs60m as a result.

For all his shortcomings, Kazini is one of the few senior military officers, who to a great extent, respects media freedoms. I happen to have covered the Allied Democratic Forces, (ADF) rebellion in the Rwenzori region in the mid 90s and Afande Kazini was very helpful; always offering protection and ensuring that journalists got first-hand information and told the story as they saw it.

That said though, there is no denying that the ghost soldiers scandal went to the root of the very strength of the national army, the UPDF, where many artificial brigades, some consisting of one commander and a handful of his escorts compromised national security.

The scandal could also partly explain why the army performed so poorly at the peak of the Lords Resistance Army (LRA) insurgency in northern Uganda where commanders were more interested in stealing public funds than protecting the thousands of people that lost their lives at the hands of Kony’s gangsters.

But let’s put Gen. Kazini’s conviction and subsequent sentence to three years in jail in perspective. The General was convicted for causing financial loss of Shs60m, a sum that can be considered to be pocket change since conservative estimates indicate that the country/taxpayers could have lost well up to Shs15b in the ghost soldiers scam in a period of three years.

In fact impeccable sources say that Kazini is just a small fish in the pond. Many other senior and junior officers who served under his command benefited more from the scam and are filthy rich to the extent that they can no longer serve the army and the country diligently.

This is where the issue of selective justice takes centre stage. Why do we have so many public officials plundering the country and continuing to enjoy their loot with no one in authority raising the red flag? It’s clear the corrupt don’t ‘eat’ alone -they share their loot in orgainised rackets that at times receive state protection.

That’s why corruption is so widespread and appears to be institutionalised. The thieves in government are no longer afraid of spending months, years and even decades in prison as long as their investments appreciate in value. They are sure that after serving their terms in Luzira they will bounce back and continue life as usual.

The legal regime that has been put in place to fight corruption, a vice that threatens our very existence, is quite elaborate but lacks one element and that’s restitution. The law as it should be, punishes the thieving bureaucrats but is not adequate to allow for recovery of the stolen money and property.

Elsewhere in the world, this lacuna (gap) in the law has had to be bridged for the anti-corruption movement to realise real progress and register tangible results. This is the reason why our anti-graft laws need to be amended to deal with all manners of tricks employed by our leaders to steal public funds while the majority of the people languish in dire poverty.

Even a primary school pupil knows that no smart thief in government will, say, bank Shs15b on their personal counts in a local bank. They will instead transfer the stolen funds to banks in the big foreign capitals. In such a situation the efficacy of the law should allow authorities to track money stacked in foreign accounts operated by our corrupt politicians and have it returned to finance public services like the failing health system and public transport sector.

It’s also obvious that your typical public servant will want to invest his/her ill-gotten riches by buying a mansion in Kololo or land in Nyabushozi (some actually buy entire villages/sub-counties). But these chaps are clever too.

They will not register their interests in their names but in those of a distant cousin or second wife or one of their bastards. The law, once again, should be refined to effectively deal with this arrangement/organised criminal syndicates which are used to steal the country’s resources.

The Executive in conjunction with Parliament should urgently amend and strengthen our anti-corruption laws to punish individual thieves, while at the same time endeavour to recover stolen public money and property. The recovered stolen funds should then be put in a national fund to service the public good for the benefit of all.

The writer is a journalist/advocate,
msserwanga@gmail.com

WHERE IS THE CIVILITY OF SECURITY AGENTS?

2008-03-25T09:15:00.001-07:00

Media freedom and other attendant rights accorded to an individual by our constitution, last week received a boost when the High Court in Fort Portal ordered for the reinstatement of a political radio programme which was ordered off the airwaves by state security operatives.

Justice Rugadya Atwooki concurred with advocates representing Life FM, a private rural radio station, that the security agents' actions were unconstitutional and violated the Electronic Media Act. The judge ruled that the suspension of a political radio programme by state agents was inconsistent with what is acceptable and demonstrably justifiable in a free and democratic society.

Although for sometime now, the courts have been slowly developing our jurisprudence in all spheres of media law, this particular case is unprecedented because unlike in the past where the majority of settled media cases largely involved the print media (newspapers), the judgment in Fort Portal concerned itself with the electronic media (radio).

We have heard threats from government officials and the president to deal with radio stations or presenters who freely debate and tackle issues of human rights, democracy, corruption, good governance and the general rule of law.

This is because in most cases, the issues discussed directly affect the state and the people who run it . But instead of owning up and engaging their critics, our leaders often and unjustifiably, consider such critical views as treasonable and use the state machinery to muzzle them. Why should a spoken or written word be taken to be treasonable? Why should Ugandans tolerate incendiary statements by our leaders and army generals yet they (the masses) are denied the same freedoms to express their thoughts?

The free flow of information and ideas lies at the core of the very notion of democracy, which is effectively about respect for human rights. Democracy is about accountability. The public have an alienable right to scrutinise actions of their leaders and engage in open debate about the general welfare of the country. Unfortunately, our leaders at all levels are terribly afraid of these values and just don’t want the people to know the goings on in government .

And the reason for this belligerent behaviour, the intolerance and genuine fear among our largely corrupt, undemocratic leaders is clear- they have turned themselves into the law. It’s common knowledge that in rural areas and up-country towns, state operatives are on the loose! They are increasingly exploiting people's ignorance of the law and their constitutional rights to harass, intimidate and in worst cases terrorise the masses with abandon.

A case in point is the Life FM station in Fort Portal where a whole Regional Police Commander Martin Abilu who should have known better that media freedoms are constitutionally protected ordered the management of the radio station to “immediately and forthwith” suspend the “Twerwaneho” programme because, to him, it incited public anger against the government.

Why can’t our nation learn from other advanced democracies where restraint and tolerance for opposing views has become the cornerstone for upholding civil liberties!

Let’s take a recent scenario in the United States where inflammatory remarks by pastor Rev. Jeremiah Wright, the hitherto leader of Chicago’s Trinity United Church of Christ, shocked the American society.

Rev. Wright, who for 20 years was the pastor of Mr Barrak Obama, a popular candidate for the USA Democratic Party nomination, accused the US government and whites generally for giving black people drugs and building bigger prisons for them. He then called on God to damn America for treating its citizens as less than human.

President Bush’s right wing Conservative Party which controls White House, did not send paratroopers to close down Trinity United Church of Christ nor did they arrest or arrange prosecutors to charge Rev. Wright.

Similarly, Mr Obama did not disown his long time pastor. Instead he (Obama) and the rest of the Americans and the media, have engaged Rev. Wright in a civil manner to show that his remarks are outdated, wrong and have no place in the modern era.

Surely, can’t Ugandans especially our national leaders borrow a leaf from this! Can’t we for once, in our 30-year turbulent political history, learn to engage each other in a more tolerant fashion and resolve our differences political or otherwise, in a civil manner?

The write is a journalist and advocate
msserwanga@gmail.com

ICC INTEGRITY SITTING AT THE CROSSROADS

2008-03-18T04:37:00.000-07:00

ICC integrity sitting at the crossroads
The Human Rights Watch has warned that the International Criminal Court, set up to handle the world's most heinous crimes, risks failure if Joseph Kony, the leader of the brutal Lords Resistance Army, is allowed to escape justice.

The international human rights watchdog has now challenged the 105 states that subscribe to the ICC to prove their commitment and have the indicted Joseph Kony and four other LRA leaders face trial on 33 counts of war crimes and crimes against humanity committed since 2002. The ICC has since issued arrest warrants for Kony, the LRA second in command,Vincent Otti , Okot Odhiambo and Raska Lukwiya.

The Human Rights Watch concerns should be taken seriously by law abiding Ugandans especially now that President Museveni, the man who took Kony to the ICC for war crimes, is about to renege on his word and offer Kony a safe landing!

But as Mr Museveni and the vicious LRA and their bloodstained leaders continue to play political mind games in pursuit of an elusive peace deal- Ugandans and the international community should not forget the torture, indiscriminate armed attacks Kony and his marauding rag tag army visited on civilians in northern Uganda for over 20 years.

There has been too much bloodletting and the LRA war which shouldn't have been fought in the first place, has cost the country billions of taxpayers' money plunging our economy into a crunch for two decades.

Kony and his fighters abducted and raped helpless school girls, they forced children to fight in a war for no justifiable cause, mutilated and massacred about 30,000 people in northern Uganda and displaced close to two million others.

Even as Kony and his henchmen engage in political maneuvers to circumvent the law, they are not shameful of the fact that they still illegally hold thousands of abducted people mostly children and women.

This is, therefore, a critical moment for the credibility of the ICC which is now sending out mixed signals- that it might after all, back off from its earlier stance that it had credible evidence against Kony and his gangsters who should stand trial in The Hague.

The ICC has asked the regime in Kampala to furnish it with information on the competence of the proposed war crimes courts that would try indicted LRA commanders in Uganda if a peace deal is reached.

This is a wrong signal to be sent out at the wrong time when the world is watching to see if the ICC shall stand up for its principal goals to guarantee that war criminals have no hiding place in the civilised world.

It’s now an established cardinal principle of international criminal law and in the spirit of the Rome Statute that set up the ICC; that war crimes and crimes against humanity are effectively international crimes not only visited on the people of northern Uganda but the civilised world as a whole .

The ICC enjoys international judicial independence and it should not allow its reputation to be soiled by the political machinations of the UN Security Council which is being courted by the Uganda government in cohort with the indicted war criminals to withdraw the indictments.

There is been an ongoing debate that national and international justice systems can be fused and in this case allow the ICC to work with the proposed Special High Court Division of Uganda to prosecute war crimes.

This is a lame argument. War crimes and crimes against humanity are international in nature. They affect the whole world and the perpetuators should stand trial conducted by an impartial and internationally recognised criminal tribunal. This was the spirit under which the ICC was established. And this is not the time to change the rules and goal posts.

Apart from municipal (local) judicial systems being prone to political interference, only a handful of Ugandan judges have the training and experience needed to handle war crimes cases. One of them is Justice Julia Sebutinde, currently working for the Special Court for Sierra Leone on The Hague-based trial of former Liberian president Charles Taylor.

Kony and his co-brutal murderers should stand trial for their criminal acts at The Hague to ensure the long suffering people of northern Uganda finally get justice.

The writer is a journalist and advocate
msserwanga@gamil.co.ug

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WHY DIFFERENT MEDICINE FOR SAME SICKNESS?

2008-03-11T02:59:00.000-07:00

Why different medicine for same sickness?
Legal scholars have come to question why different judges, applying similar legal tests, have in some cases made ' strange' decisions to settle presidential and parliamentary election petitions.

The qualitative and quantitative tests which are applied by courts to determine election petitions are now a subject of intense debate in legal circles and the wider public. The two tests, for easy understanding, refer to the quality and numbers respectively in determining whether an election was held in accordance with the provisions of the law.

Ironically though, the two tests have been employed with varying degrees when determining election petitions. For instance in the last two presidential election petitions between Dr Kizza Besigye on the one hand and the Electoral Commission and President Yoweri Museveni on the other, the Supreme Court applied the quantitative test (numbers) to rule that the malpractices couldn't have affected the out come of the elections in a substantial manner.

The argument was that candidate Museveni had won the election by so big a margin that even if his opponent, Dr Besigye were to claim his stolen or missed votes- say due to multiple voting or intimidation of his supporters- still he could not overcome his rival’s lead.

However, the lower courts ( High Court) while determining the parliamentary and other local council election petitions, and this is the paradox, have differed and strictly applied the qualitative test ( the quality or fairness) of an election. To the lower court the issue is whether the election is held according to the provisions of the law. By applying the qualitative test therefore, the courts are not bothered by the game of numbers.

They are only interested in the parties alleging fraud to prove that the law was flouted to the extent that the election was nor free and fair and is thus a nullity. This was the case in the Abdu Katuntu vs Kirunda Kivejinja parliamentary petition.

Court held that there were proved election malpractices to warrant fresh elections. In the 2006 presidential petition, Justice George W. Kanyeihamba, was one of the three dissenting judges that did not subscribe to the application of the quantitative test to determine whether a party's chances of winning an election should be settled by looking at the numbers of votes stolen or gained rather than the circumstances and application of the law in the management of an election.

While warning himself about the ramifications of annulling a presidential election due to malpractices, he said that such a decision must be reached after careful consideration of substantial evidence that would amply justify the decision.

In Kanyeihamba’s opinion, there was sufficient evidence presented in the petition to enable the Supreme Court to decide that the results of the presidential election of 2006 had been fatally affected by the irregularities and illegalities.

He criticised section 59 (6) of the Presidential Elections Act, which in effect propagates for the quantitative test and provides that the courts of law must be satisfied that the result was not affected in a substantial manner as to warrant nullification.

The learned judge reasoned that the provision to use his words, “was to transport the judge(s) from the heights of legality and impartiality to the deep valleys of personal inclinations and political judgment.”

He further stated that the provision appears to have been inserted in the Act to militate against decisions which arguably may be correct and constitutional but might appear to be awkward and unacceptable because of their possible consequences to the nation.

And this is why circumventing the natural rules and principles of law whether legislative or otherwise is simply not a good idea for our democracy. This practice also sets a bad precedent and makes politicians and their supporters alike, to discard the judicial system in settling election disputes. Kenya is a good example.

In fact, Justice Kanyeihamba referred to the decision of the Supreme Court of South Africa in the case of Speaker of the National Assembly vs De Like 1999, where the court stated that the constitution is the ultimate source of all lawful authority.

That no parliament , however bona fide or eminent its membership, no president, however formidable be his reputation or scholarship and no official, however efficient or well meaning, can make any law or perform any act which is not sanctioned by the constitution.

That any citizen adversely affected by any decree, order or action of any official or body which is not properly authorised by the constitution is entitled to the protection of the court. It's been argued in this column earlier that there is need for the peace loving citizens of this country to re-examine our electoral laws to avoid bloodshed in future elections.

The writer is a journalist and advocate
msserwanga@gmail.com

Have the masses lost trust in the courts?

2008-03-04T06:39:00.000-08:00

Have the masses lost trust in the courts?
Until Thursday last week when the two protagonists President Mwai Kibaki and Orange Democratic Movement (ODM) leader Raila Odinga penned a power sharing agreement, the December 2007 Kenya general elections had meant one thing and one thing only to most Ugandans: ethnic political bloodshed.

Just over two months into the mayhem even the most liberal estimates put the Kenya death toll at 1,000 lives. Machete wielding mobs from various tribes turned churches into scenes of mass murder. And all this suffering caused by self centered politicians who care less about the consequences of their illegal actions.

Among the items on the power sharing agenda hammered out by one of Africa’s distinguished diplomats, Dr Kofi Annan, is the establishment of a truth and reconciliation commission, a process aimed at healing wounds among sharply divided Kenyans.

But who is responsible for the hundreds of innocent lives lost in the political turmoil? Is it Raila Odinga or Mwai Kivaki? Both men take an equal share of the blame; one for failure to conduct an election in an honest manner, the other for inciting the public to get involved in ‘mass action’ basically taking the law in one’s own hands.

The Kenya situation is also unique- in a sense that unlike Uganda and recently Nigeria, disputes arising due to presidential election fraud have been or will be resolved by political means, regional and international diplomacy rather than judicial principles of law. The question then is; have our judicial mechanisms been rendered redundant in the political arena?

Is the Kenyan situation setting a precedent to the rest of the East African community that political differences/disputes especially the presidential ones, will be settled by fist fights on the streets and not in the court room?

Perhaps the answers to these questions can be found in the words of one of our celebrated Supreme Court judges and accomplished legal scholar, Justice George W. Kanyeihamba who stated: “the overriding constitutional dogma in this country is that constitutionalism and the 1995 constitution of Uganda are the Alpha and Omega of everything that is orderly, legitimate , legal and decent.

Anything else that pretends to be higher in this land must be shot down at once by this court (Supreme Court) using the most powerful legal missiles at its disposal.”

Justice Kanyeihamba’s words are contained in the preamble to his dissenting decision in the presidential election petition No. 1 of 2006 between Col. Dr Besigye Kizza (petitioner) and The Electoral Commission, Yoweri Kaguta Museveni (respondents).

In his judgment, Justice Kanyeihamba , alluded to some issues that if not properly handled can lead politicians and their supporters to opt for other means (in most cases violence) to resolve political differences. This is the situation pertaining in Kenya- where the opposition ruled out the possibility of taking their case to court outright.

In his decision Justice Kanyeihamba emphasised the fact that an inquiry into a presidential election must be conducted, concluded and its findings and reasons given expeditiously. The reason why the Kenya opposition opted for ‘mass action’ instead of running to court to seek a remedy is because they did not have faith in their country’s judicial system and may be the politically partisan officers that run it.

In the two presidential petitions determined by the Supreme Court of Uganda the fundamental issue of contention has been whether alleged election malpractices and failure by the Electoral Commission to conduct an election in accordance with the law affect the final results in a substantial manner.

For instance in the 2006 presidential election petition, the Supreme Court found that there was non-compliance with the provisions of the constitution, the Presidential Elections Act and Electoral Commission Act.

That voters were disenfranchised when their names were illegally deleted from the voters register and thus denied the right to vote. That there were irregularities in counting and tallying of the results, that the principle of free and fair elections was compromised by bribery, intimidation and violence.

Court further found by unanimous decision that the principles of equal suffrage, transparency and secrecy were infringed by multiple voting , vote stuffing and incorrect methods of ascertaining the results.

However, by a majority of four to three , the justices found that it was not proved to the satisfaction of the court that the above listed illegalities affected the results in a substantial manner to warrant fresh elections. Justice Kanyeihamba was one of the three dissenting justices who upheld the petition and nullified the elec tion.

Next week: We shall examine Justice Kanyeihamba’s reasons for his dissent and what it means for our democracy.

The writer is a journalist and advocate
msserwanga@gmail.com

IN AFRICA A TRIBE IS BIGGER THAN THE COUNTRY

2008-02-12T04:45:00.000-08:00

In Africa a tribe is bigger than the country
The disputed presidential vote tally that sparked mayhem across the border in Kenya has yet again exposed the political meltdown that is being experienced across Africa. The debilitating anger that has seen neighbours pull out machetes to slaughter each other shouldn’t come as a surprise to any informed mind.

It’s now an established fact that a few of the once stable democracies like Kenya and a handful of other would-be emerging democracies are now caught up in the old destructive African politics of ethnicity and, in some extreme cases, dynasty building where self-centered leaders flout the law in pursuit of bequeathing power to their family members or tribesmen.

Our national leaders are no longer elected or appointed to positions of responsibility on merit. Rather they assume political power along tribal consideration or ‘regional’ balancing.

The citizens, many of whom live below the poverty line, are burdened with the cost of big governments presided over by the autocrats who want to please every tribe or, ‘region’ in order to rule for life. Ultimately, you have impoverished countries that literally have to deal with the skewed allocation of scarce national resources.

Experience has also shown, especially in Africa, that politics of ethnicity does not rhyme well with the constitutional doctrine of separation of powers among the different arms of government. African politicians in tandem with their tribesmen will do anything and everything to circumvent the law or national constitutions to consolidate their political tribal base at the expense of the unity of the countries they lead.

They will employ people from the ‘right’ tribe to run government organisations, a situation that breeds resentment and violent opposition due to the erosion of the democratic principles of equity/fairness for all. This behaviour by our leaders also creates another problem– impunity!

The public servants feel obliged to account to only one individual – the man or woman at the top and not the country they are employed to serve.

In the meantime, the rest of the country watches in bitter silence because the citizens are too afraid to question or challenge the illegal actions of those in leadership. They fear to be locked up or ‘eliminated’ for standing up to demand their constitutional rights.

But by entrenching themselves in power, your typical African leader forgets one thing; that the moment you promote ethnic politics, you face a genuine danger of creating insecurity among the competing tribes and their leaders, which ultimately leads to the kind of indiscriminate violence now being witnessed in Kenya.

It’s not in dispute that our country has been relatively stable both in terms of national politics and security for some time now. However, given the Kenya experience and the growing level of intolerance and the emerging politics of tribe among our leaders (both those who are political and apolitical), is it tenable to hold that the country’s stability sustainable?

Isn’t it high time we pulled together as a people (Ugandans) and renew our purpose as a country-three years to the next general elections? Indeed, the next presidential elections may seem a distant future but are our laws adequate to ensure the country doesn’t experience the blood letting that has shattered a once stable democracy in Kenya?

And this is not to spell doom. But if we don’t do something to strengthen our electoral laws, national institutions like the police, electoral commission and inculcate values of a true democracy, rule of law and respect for our divergent political thinking (views and opinions), the country will be in trouble.

In other words, there is a huge moral test for the country to show that our politicians and the voters can steer clear of the politics of ethnicity and destruction. Whatever the outcome of an election (and that’s why we should have strong laws and institutions) there is absolutely no need to incite the masses to engage in mass violence which like in the case of Kenya can degenerate into mass murder.

What Uganda needs now are leaders who will inculcate a spirit of nationalism among the 56 indigenous communities (tribes) as recognisded by our constitution and stamp out the destructive politics of ethnicity.

Next week: We shall look at our electoral laws

The writer is a journalist and advocate

msserwanga@gmail.com
msserwanga.blogspot.com

IGG: WHY CRUCIFY THE MESSENGER

2008-02-06T09:06:00.000-08:00

IGG; why crucify the messenger?
Two more senior editors at Monitor Publications, Mr Joachim Buwembo Managing Editor (daily editions) and Mr Bernard Tabaire (weekend editions) were arraigned in court over stories that exposed the irregular salary scandal involving the Inspector General of Government (IGG) who is also a High Court judge, Faith Mwondha.

The two editors joined Daily Monitor News Editor, Robert Mukasa and Chief Parliament Reporter Emmanuel Gyezaho to answer charges of “unlawful publication of defamatory matter.” Another Dailly Monitor journalists Mr Angelo Izama, now on a fellowship in the US, will also face the same charges upon his return.

This is indeed a story of trepidation where offences which are against the spirit of our constitution are preferred against journalists to keep them forever in a state of fear.

The charges are basically designed to harass and intimidate journalists in the exercise of their constitutional rights to inform the public about the conduct of government/public officials.

But the citizens of this county must stand up and not allow our fears to be far outweighed by what we know is our obligation - to protect the provisions of our constitution. To help those who are victimised for the ideals they stand for; freedoms of liberty, speech, association and media not to feel alone.

There is also this sad reality; the IGG’s determination to persecute journalists by abusing the state machinery at her disposal, has a lot to say about her character. She is a very paranoid woman.

Just like many of her colleagues in government, she is consumed by fear, the kind that blurs their good judgment in the conduct of state affairs. This is why the bizarre twists of the current IGG’s hysteria has all the characteristics of the undemocratic hardliners in government who are under the illusion that by clamping down on the media, they can deter the people’s sheer will power to live in a free and democratic society.

By crucifying the messenger, the IGG too, is under the false belief that she can get away with her short-comings. But given her standing in society, one would expect the IGG to be on top of her game. She should anticipate the consequences of her actions in order to remain civil in the execution of her constitutional mandate. Instead, she has thrown all caution to the wind!

For the record, the Monitor story was not ‘manufactured’ by the journalists now under trial. This was a story based on a public document in which some spirited public servants (and there still exists some sombre-your typical traditional civil servant(s) who feel for this country), that raised concerns over the IGG’s conduct when she altered her position to benefit from the revised and improved salaries for judges.

This is now a matter for the court’s adjudication and evidence shall be adduced to resolve the case judiciously. However, the continued harassment of journalists, call it taunting of the media by the state and its functionaries needs to be put in constitutional perspective.

The offence of criminal libel, together with the offences of sedition and promotion of sectarianism are a subject of a constitution petition which was filed by Andrew Mwenda and the East African Media Institute and since the matter is yet to be disposed off by the Constitutional court, one would think that it would be prudent for the executive to suspend such offences until the court makes its ruling.

This would also be the right criminal procedure whenever there are constitutional issues to be determined in substantive petitions lying before the constitutional court.

Instead, government officials conveniently prefer to ignore these rather obvious/basic procedures of the law in their relentless effort to stifle media freedoms.

Unfortunately, these machinations by the state have far reaching consequences for the wider freedoms of the citizens, the stability and development of our young and fragile democracy.

Democracy thrives best in an atmosphere of trust, openness and accountability. It’s a constitutional right for the citizens to access information held by government and its agents in order to hold our leaders/public servants accountable for their decisions and actions.

In the ruling of the US supreme court, it was held that it’s no longer possible for the state to gag the media. The court ruled that the government’s power to censor the press was abolished so that the press would remain forever free to censure government.

That the press was protected so that it could bare the secrets of the government and inform the public to make democratic decisions. If the lady IGG was wronged in any way by the Monitor stories, she can seek a civil remedy and recover damages from the journalists and their employer. She should not employ un-constitutional means to satisfy her ego.
The writer is a journalist and advocate
msserwanga@gmail.com

LAND BILL: WHAT DOES THE AMENDMENT SAY

2008-01-30T08:37:00.000-08:00

Land Bill: What does the amendment say?
As parliament braces itself for a show down between the supporters and those opposed to the government’s controversial land amendments that have strained relations between state house and Buganda’s seat at Mengo, it’s imperative for the country to know what all this means to the ordinary citizen.

The amendments, generally affect the relationship and rights of the tenants as provided for in the constitution and those of the registered owners/landlords.

Among the tenants which the amendments seek to protect include ‘lawful occupants’. These are people in occupation of land under customary tenure but whose tenancy was not closed or compensated for by the registered owner when he or she applied for a public lease over the land.

The other and significant category of tenants whose interests the land amendments seeks to champion are those called bona fide occupants. A bona fide occupant according to the Land Act, is a person who, before the enactment of the 1995 constitution, had occupied or improved land without being challenged by the registered owner of the land or his agents for 12 years.

Bona fide occupant also refers to a person ( or a successor in title of such a person) who had been settled on land by government or its agents including the local authorities such as district councils.

The legal effect of these provisions is that the law treats bona fide occupant as a tenant by occupancy - meaning that such a person is a tenant of the registered owner and that such a tenant is supposed to pay ground rent to the landlord. The 1998 Land Act had fixed ground rent which at a laughable shs1,000.

According to the proposed amendments, the district land boards are legally mandated to determine the annual nominal ground rent payable by a tenant by occupancy within six months after the commencement of the said amendments.

In the event that a particular board fails to fix the nominal ground rent, then such rent will be determined by the central government minister responsible for land matters.

The government also proposes that the rent payable shall be paid within one year after the minister’s approval. It’s also provided under the amendments that if a tenant fails to pay the approved ground rent for a period exceeding one year, the registered owner shall give a notice to the tenant requiring him or her to show cause why the tenancy should not be terminated for non-payment of rent and shall send a copy of the notice to the district land committee.

But the most controversial and important aspect of the amendments is that which deals with the grounds and procedure under which a tenant can be evicted by the landlord. The amendments state that there is only one ground under which a lawful or bona fide occupants can be evicted and that’s for non-payment of ground rent.

The proposals further state that even for the eviction to be carried out, there must be a court order only for non payment of the annual nominal ground rent.

The amendments go further to criminalise any attempts to evict or participation in the eviction of a lawful or bona fide occupant from registered land without a court order.

If a person is convicted of evicting lawful or bona fide occupants without a court order then such a person commits an offence and is liable on conviction to imprisonment not exceeding seven years.

The same principles apply to a person claiming an interest in land under customary tenure. But before the court issues an order, it must do certain things and these include hearing the case of the person claiming the interest in the land; ensuring that adequate compensation has been paid to the person claiming the interest in the land before a landlord evicts such a person, except where the person has abandoned the occupancy; and that the court has visited the locus in quo (the location of the land in dispute) and has received a report from the land committee of the area on the status of the occupants on the land.

Next week, the writer will examine the competing rights of registered land owners (landlords) and the lawful/bona fide occupants and why the amendments can’t cure this conflict.

The writer is a journalist and advocate

WE NEED LAND REFORMS THAT ARE FAIR TO ALL

2008-01-30T00:46:00.000-08:00

We need land reforms that are fair to all
Let's face it: much as the country is divided over government’s proposed land amendments, the law will have no effect nor provide a lasting solution to the land problem in the country - unless money is provided by government for the peasants and landlords to secure their land rights.

In the new amendments to Section 31 of the Land Act 1998, the government has empowered district land boards to determine a suitable annual nominal ground rent payable by a tenant. On failure, the government insists, the lands minister would set the ground rent.

“Where the board has not determined the annual nominal ground rent payable by a tenant by occupancy within six months after the commencement of this Act, the rent may be determined by the minister,” the new proposal reads in part.

Contrary to the previous law, the government has reduced the timeframe for the payment of the ground rent from two years to one year after the minister has approved the rent payable to the mailo land owner.

Similarly, in a veil attempt to ‘protect’ the interests of the registered land owner (landlord), government is proposing an amendment to section 35 of the Land Act that will make it difficult for tenants to assign their tenancy by occupancy ( sell) to a third party without giving the first option of taking the assignment of the occupancy (sell) to the land owner.

What this means is that tenants by occupancy or Bibanja, holders can’t sell or subdivide their land without giving the registered land owner priority; if they did , they commit an offence and are liable for imprisonment not exceeding four years.

Under the new arrangements, illegal occupancy has been criminalised. The land owner can approach the police and evict trespassers because it is criminal and anybody liable commits an offence and imprisonment for four years and a fine of about Shs1.9m. On the other hand, the landlord is also under an obligation to give notice when selling his/her land.

Where one secretly sells his or her land this will be illegal and no title will be given. But then again, how many tenants in this country have the resources to purchase land on the open market. This is the root cause of the problem- which unfortunately, government has failed to address in its quest to secure land rights for the landless Ugandans.

And much as the provisions of the land amendments which purport to secure the rights of bonafide occupants ( people who have lived on any given piece of land for more than 12 years before the coming into effect of the 19995 constitution) and the lawful occupants (those entered on land with the consent of the registered owner by virtue of the Busuulu and Nvujjo law of 1928), do not confer a superior title to that of the registered land owner (landlord) in practical terms the law creates two competing rights/interests.

With these contradictions in the law, it has increasingly become very difficult for registered land owners and tenants to deal with land as a factor of production.

Neither of the two people ( landlords and tenants) can transfer or assign their interest in land without first compensating/ or buying out the other. This is the sad reality that affects the principles of land law which provide that if you want to deal in land you don’t have to investigate outside the register.

The government has conveniently opted to ignore this fundamental principle of law thus making it difficult for people to purchase or sell a vital resource to ensure economic growth/development.

This situation can best explain the strategic tendencies of landlords to sell/ assign their interests to military men or powerful political actors who can employ the power of the gun or political muscle to wrestle the tenants off the land without compensation. Or worse still, for the same government officials to instigate/or encourage peasants to take over land without compensating landlords.

The other problem with the present regime of our land law is the lack of a definitive provision on how much land a kibanja holder should have and the mechanism of getting a tenant off the land if the landlord wants to develop that land whether ground rent is paid or not.

The amendments provide for only one ground under which tenants can be evicted and that’s if they fail to pay rent. So what happens when a landlord wants to sell his land even if ground rent has been paid by the tenants whose means are so limited that they have no money to purchase land in the first place? And which sane businessman or developer will purchase land which is heavily encumbered?

The country needs land reforms that are fair to all- landlords and tenants alike and, government should as a priority put in place a land fund that will help the affected people to source for alternative land or buy themselves out without causing imaginary political or tribal conflicts.

The writer is a journalist and advocate
msserwanga@gmail.com

LEADERS SHOULDN'T TRIBALISE THE LAND DEBATE

2008-01-18T09:05:00.000-08:00

Leaders shouldn’t tribalise the land debate
The dispute between President Yoweri Museveni and the Kabaka of Buganda Ronald Mutebi has reached acrimonious levels with the former accusing the latter among other things, seditious intentions.

Sedition is a very serious offence. According to our penal law, sedition means hatred or contempt or to exercise disaffection against the person of the president or government as by law established or the constitution.

Sedition can also refer to the promotion of subversion of the government or the administration of the government or, the administration of a district. I’m not sure whether the Kabaka is headed in that direction but not too long ago, in this column , a point was made that our leaders shouldn’t politicise or tribalise the land issue in Uganda.

Take for instance, the case of Buganda which now our leaders want to employ to pit landlords against their tenants; even when the country’s history clearly demonstrates that the two categories of people have until recently lived happily together.

It’s not true, as some people have expressed in this wanton excitement about land ownership, that the Baganda are selfish and inward looking. Many will agree that contrary to the objectives of those who are funning tribal sentiments for political or other interests, the Baganda are strikingly open and very accommodative. This is why from the onset, this legitimate debate about land ownership not only in Buganda but elsewhere in the country, should be devoid of tribal hatred and politics.

There are fresh lessons to learn from the turmoil in Kenya - once a stable country in this part of the world, that’s now torn apart because of the selfish interests of a few political and tribal leaders.

There is no elaborate difference in the wording and meaning or legal efficacy (effect) of the revised land amendments viz the Land Act. The only departure between the proposed amendments and the Act which can be said to be fundamental is the emphasis that before selling land, landlords should give their tenants the first choice to buy themselves out.

Apart from being put on paper, this proposal is not any different from the fundamental principles of the land law that recognise the equitable interests of people who dwell on land whether registered or not. In any case, the constitution of Uganda recognises these equitable interests in its provisions when it states that all persons in lawful or bonafide occupation of mailo, freehold or leasehold land shall enjoy security of tenure.

The land Act, defines lawful occupant to mean a person occupying land by virtue of the Busuulu and Envujjo law of 1928 or that person(s) who entered the land with the consent of the registered owner (squatter/tenant).

And before we look at the other categories of people whose land rights are protected by not only the Land Act but the constitution, we need to understand who a registered owner of land (Land Lord ) is.

A registered land owner is that person who holds a certificate of title of land ( or what is commonly known as ‘land title’), which is issued upon an application to bring such land under the protection of the law – read (the Registration of Titles Act or RTA).

Further, the RTA specifically provides that except so far as is expressly enacted to the contrary, no Act or rule so far as inconsistent with this law (RTA) shall apply or be deemed to apply to land whether freehold or leasehold which is under the operation of the RTA.

What this simply means is that once a person legally acquires a certificate of title to any given piece of land anywhere in the country, that persons is the lawful registered owner of such land and his/her title can’t be impeached ( violated ) unless with a court order. That person is the landlord and at law, any other interest (equitable) is only secondary to his title deed.

The second legal effect of the provisions discussed above is that its only that person, (registered owner) who can pass a good title ( sell land). That’s why the land Act amendments, presumably taking into consideration that straight point of law, is now suggesting that when this registered owner takes a decision to sell his land, he/she should consider to sell to the tenants on that land first, and can do this by putting such tenant(s) on notice that he wants to sell the land.

Next WEEK: we shall look at the other categories of land rights protected by the Constitution and the legal effects of the proposed amendments.

The Writer is a journalist and advocate of the High Court of Uganda
msserwanga@gmail.com

HARD LESSONS TO DRAW FROM BHUTTO'sMURDER

2008-01-08T03:44:00.000-08:00

Hard lessons to draw from Bhutto’s murder
A fortnight ago, the world gathered in grief following the shock assassination of Benazir Bhutto, one of the charismatic leaders and a naturally engaging speaker in her generation.

The late Bhutto was a brave woman too, acknowledging before her death that by returning to her home country to champion democracy and fight Islamic fundamentalism, she put her life at great danger.

There is no denial that Bhutto’s brutal murder is a cowardly act that undermines the growth of democracy not only in the Islamic state of Pakistan but anywhere in the world. The civilised world should however, draw lessons from the bad moments such as the Bhutto assassination.

First, in a world where the majority of women are kept in the backyard, Bhutto raised their profile and opened up the gender-political space on the world stage.

She was the first female prime minister of Pakistan and of any Islamic nation. But most fundamental was the fact that she personified the enormous generosity and tolerance of old-school liberalism that embraces diversity of opinion, views and convictions in a complex political arena.

These are the most important virtues for a young and fragile democracy like that of Uganda. These are the same principles captured in our constitution, which provides for freedom to express our political views and opinions without facing the threat of tear gas and doing long jail terms without trial.

In this perspective, Bhutto came off as a rare breed of a politician. Her benevolence was a sharp contrast to many of our African leaders whose only interest is to fend for themselves, their families and a few cronies/ cheerleaders while the majority of the people they lead languish in poverty.

The second lesson we can draw from the Bhutto assassination is the lifestyle and character of many of our leaders. They are consumed by fear and worried about sharing the absolute power that they wield.

They barricade themselves in villas and ‘palaces’ guarded by tanks manned by their mean looking henchmen, while offering little or no protection at all to their political opponents.

Bhutto reached out to the masses travelling in civilian vehicles even after the state declined to give her adequate protection. The state owes a duty to all its citizens including those with opposing political views to guarantee them adequate security.

The other and perhaps the most significant lesson that can be learned from the demise of Bhutto is the pragmatism(realism) that political problems/challenges don’t require military solutions. We don’t have to eliminate our political opponents to achieve our political objectives ; we can only engage them.

The crucial advantage that Uganda has and indeed the larger part of the African continent is that we don’t have a radical population. Apart from some parts of north Africa we have not had cases of people blowing themselves up in public places to send a political message. That’s why the struggle against the forces of terror and extremism should not be rested in this part of the world.

The civilised world should stand firm against any form and manifestation of cowardice and, the immense brutality being perpetuated by fundamentalists- who groom and send out suicide bombers to claim the lives of thousands of innocent people in a misguided effort to impose their political and religious ideologies.

In Africa where socio-economic conditions don’t favour stable democracy; political organisation based on the spirit of constitutionalism is the only viable mechanism in ensuring good governance, observance of human rights and the rule of law. Our leaders whether in power or the opposition should respect each other and work for peace and national unity.

The writer is a journalist and advocate
msserwanga@gmail.com

MR PRESIDENT< STOP THE MABIRA GAMES

2007-12-26T05:18:00.000-08:00

Mr President, stop the Mabira games
President Yoweri Museveni is at it again; this time around reminding the country that the controversial proposal to give away Mabira forest which led to the death of three people about six months ago, is not yet resolved after all.

His remarks while meeting the NRM Parliamentary Caucus last week in effect mean that government could still go ahead a give away part of the tropical rain forest to a private investor, the Lugazi-based Mehta Group, in total disregard of public opinion.

Most depressing about this debacle though is the fact that Mr Museveni’s resolve to parcel out a protected national resource contradicts the announcement made to the world in October by his finance minister Dr Ezra Suruma, at a dinner meeting hosted by the South American President of Guyana, Bharrat Jagdeo, in Georgetown that the Uganda government had dropped the plan to give away part of Mabira forest.

And why should a national leader against all odds push for the alienation of 17,540 acres, nearly a third of Mabira forest to Mehta when there are huge chunks of an utilised public land in this country under government control which can be gazetted for the industrilisation programme.

What’s the moral justification for this disdain to an evident national consensus that Mabira forest reserve is a no-go area for the promoters of industrialisation! Quite maddening too, is the apparent lack of government interest to explain to the country why of all places it’s Mabira that should be earmarked for ‘industrialisation’.

Is it the proximity of the place called Mabira that has attracted the ‘investors’ to justify its destruction, or is it an element of ego and greed (some of the main factors that erode the principles of good governance) that can possibly explain the determination by the powers that be to destroy what remains of our national forest cover?

Whatever the motive it’s our civic duty as citizens to remind our leaders that the constitutionally established principle of public trust applies to all our national resources and public land.

Our leaders including the president have a legal obligation under the public trust doctrine to manage national resources in a manner that doesn’t prejudice the interests of all Ugandans.

President Museveni chairs the cabinet which in April studied a damning cabinet memorandum prepared by the Ministry of Water and Environment which paradoxically, strongly argued against the destruction of the forest.

In the cabinet memo, experts noted the negative impact of changing the land use of the 7,100 hectares of Mabira tropical rain forest; which among others will lead to reduction in water flow to the lakes and rivers, change temperatures and loss of unique ecosystem whose economic value is estimated at Shs23.3 billion.

The negative effects that await the country once Mabira is given away, can also be prescient too. Over the years ,there is been too much destruction of our forest cover and the ramifications for this obliteration have been clear for all to see including the unprecedented severe weather conditions experienced in the country this year.

The unpredictability in climatic conditions that threaten the survival of mankind, have led to the development of a basic international environmental precautionary law principle to protect and conserve nature for the benefit of present and future generations.

The precautionary principle which governs the exploitation of natural resources like forests, was developed following the 1982 World Charter for Nature which provides in its principle 11(b); that activities which are likely to pose a significant risk to nature shall be preceded by an exhaustive examination; that their proponents shall demonstrate that expected benefits outweigh potential damage to nature.

Studies carried out so far clearly show that the proposed destruction of Mabira forest shall spell doom for our country. Parliament and the courts of law should therefore urgently intervene to save Mabira forest from being destroyed for selfish benefits of some ‘investors’. Ugandans should remain firm in the defence of Mabira forest to prevent irreversible harm to our environment.

The writer is a journalist and advocate
msserwanga@gmail.com

ARE MPS ABETTING HUMAN RIGHTS ABUSES?

2007-12-18T07:03:00.000-08:00

On December 10, the world marked the international human rights Day, with no significant progress in the protection of people’s fundamental human rights registered anywhere in the world.

It’s well over half a century since the Universal Declaration on Human Rights was adopted by the United Nations, and yet millions of people across the globe continue to suffer gross human rights abuses-many silently.

While governments are the worst violators of fundamental rights, these abuses are also very evident right in our homes and workplaces. Women are battered at home, while children are maimed at school and the relentless abuse of the people’s inherent rights to dignity and life goes on unabated.

Even professionals, ‘well’ trained people –some are even experts at their trade- cannot escape the blame for trampling on people’s rights, which in many cases assumes the element of criminal liability. The disabled are not accorded the same opportunities irrespective of a popular saying –that disability does not mean inability.

In this column, harrowing cases of human rights abuses have been highlighted including harassment and intimidation of journalists by the government, the case of Julius Lukyamuzi who was sodomised by one of Kampala’s notorious pastors and he is yet to receive justice three years since he first reported the matter to police.

Remember the traumatic case of Mercy Nafuna, the nine-month old baby who lost her arm due to the negligence of a medical practitioner in Mbale district? In another recent incident, 40-year old George Mugagga, a resident of Kinawataka in Mbuya parish in Kampala, beheaded his wife who was six months pregnant because the lady was HIV negative and the man was positive.

Then there was the exclusive report about ‘ invisible torture’, a new method of torture by state operatives to inflict maximum pain without leaving marks or scars on the bodies of their victims. These are but a few cases of the human rights abuses that have graced the pages of Daily monitor this year alone.

Sadly though, Parliament which is mandated by our constitution to rein in the excesses of the state (government) has shamelessly not debated any of the annual human rights reports prepared by the Uganda Human Rights Commission, for the last ten years.

This means that critical recommendations and findings concerning abuse of human rights where innocent people have lost their lives, have been maimed, detained for long periods without trial, discriminated against, displaced or forced into exile, have not been paid damages awarded to them by human rights tribunals because the government is not interested. They have passed without any parliamentary intervention.

It’s explicitly provided for in Article 20(1) of the constitution that human rights are inherent in a person by reason of his or her birth and are therefore not granted by the state or any law. In the Supreme Court case of Tinyefuza v. Attorney General , Justice Oder as he then was, laboured to explain this constitutional principle.

He reasoned, and I agree with him, that although modern constitutions like ours, enact human rights in their provisions it doesn’t mean that such provisions create ‘the human rights’; rather the constitutional provisions are meant for the recognition and the intention that they should be enforceable in a court of law.

This means that fundamental human rights are universal and are due to every human society. They do not depend on the status of an individual, class, race , nor gender. They are uniform to all the peoples of the world.

Courts of law have emphasised a universally acceptable principle of international and domestic human rights that the constitutionalisation of human rights imposes a fetter on the exercise by the legislature (parliament), the executive and the judiciary of their respective powers to protect and promote the strict observance of human rights.

Equally important is the fact that human rights and the right to individual freedom are inextricably tied to the concept of human dignity. This means that freedom is a condition of human self respect and that of contentment which resides in the ability to pursue one’s own conception of a full and rewarding life.

The writer is a journalist and advocate
msserwanga@gmail.com
msserwanga.blogspot.com

STATE USING ARCHAIC LAW TO GAG PRESS

2007-12-11T03:07:00.000-08:00

For over a month now, another pair of Daily Monitor journalists have been subjected to periodic visits to the police Criminal Investigations Department to explain themselves over an August 19 Sunday Monitor scoop.

The story said that the Inspector General of Government, Justice Faith Mwondha, had irregularly opted for the higher Sh4, 575, 000 monthly salary for judges instead of her official IGG remuneration of Sh2, 900, 000.

The IGG instructed the police to prefer criminal libel charges against News Editor Robert Chrispin Mukasa and Senior Reporter Emmanuel Davies Gyezaho- who are out on Sh500, 000 non-cash police bond.

For starters the offence of criminal libel is archaic and offends the spirit of our constitution which allows freedom of the press, speech and expression. If the IGG strongly feels that she was wronged by the Sunday Monitor article, she can claim damages by filing a civil suit for defamation (civil libel).

Ugandans are entitled, by the provisions of our constitution, to receive information in oder to make informed decisions. That’s why the fourth President of USA James Madison once said that knowledge will forever govern ignorance and a people who mean to be their own governors, must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it, is but a prologue to a farce or a tragedy or perhaps both.

Madison’s statement clearly shows that the man understood the true values and principles of democracy which call for an atmosphere of trust , openness and accountability between leaders and the people they govern.

The right to access information is codified in Article 19 of the Universal Declaration of Human Rights adopted by the UN General Assembly resolution ob December 1948. Similarly Article 19 of the International Covenant on Civil and Political Rights which came into force on March 23, 1976, to which Uganda is a party, provides that everyone shall have the right to hold opinions without interference.

That everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print , in form of art or through any other media of his choice.

Why then has the government not repealed the obnoxious laws that still exist on our statute books? Why again, should public officers like the IGG, herself a learned judge, hide behind an obsolete piece of legislation – to intimidate and harass journalists?

Perhaps the answer to these questions can be found in Uganda’s abhorrent culture of secretiveness and impunity; where the leaders of this nation at all levels are under an illusion that they are immune or above the provisions of law.

They shameless fear public accountability and scrutiny . They don’t want their actions to be questioned by anyone, least we the ‘lesser mortals’. They will try everything within their means to stifle free speech, to gag the media, civil society, the opposition and even the people they lead.

It’s this culture that breeds intolerance, violence and dictatorship, which ultimately leads to failed states. And who bears the brunt of all this mess-- the ordinary people– you and me. Our misery is in most cases colossal and we have nowhere to run to because most of the institutions that would ensure our very survival are in most cases compromised.

Some of these sacred rights of an individual were well expounded in the Supreme Court case of Charles Onyango Obbo and Andrew Mwenda versus the Attorney General.

The court considered the decision of the Supreme Court of Canada in which Mclachlin J, who wrote the majority judgement rightly observed that tests of free expression frequently involve a contest between the majority view of what is true or right and an unpopular minority view. She however ruled that while a particular content of a person’s speech might “excite popular prejudice” there is no reason to deny it protection.

In other words, if there is any principle of the constitution that more imperatively call for protection, than any other it is the principle of free thought-not free thought for those who agree with us but freedom for thought that we hate.

The writer is a journalist and advocate
msserwanga@gmail.com

Uganda sliding freely to climatic tragedy

2007-12-04T05:33:00.000-08:00

Uganda sliding freely to climatic tragedy
In rising seal levels and expanding deserts in ravaged rain forest like Mabira and mushrooming slums Uganda, just like the rest of the world, is already experiencing human and environmental degradation with catastrophic ramifications.

It’s only two weeks ago that most low lying areas in and around Kampala city were flooded to un-precendended levels that left at least three people dead. And the situation can only get worse.

The Fourth Assessment of the Intergovernmental Panel on Climate Change (IPCC) states that the impacts of human-induced climate change are likely to be felt in poor countries and poor communities like Uganda first. Uganda has already been listed among the 100 most vulnerable countries whose over a billion people face a bleak future.

And the IPCC is emphatic in its assessment; stressing that human-induced climate change is likely to have the heaviest impact on small low-lying Island and coastal states, African nations, and Asian mega-deltas.

Ironically, the 100 most vulnerable countries have contributed the least to total global carbon emissions with the United States of America, European Union, China and India being the major world polluters.

With well over a billion people in 100 countries faced with a volatile future, the IPCC has warned that this worrying situation, coupled with entrenched poverty, degraded or threatened environments will lead to more frequent natural disasters that could tip the poor nations like Uganda over the edge into chronic famine or forced migration.

The greatest impact of climate change is already being felt on one of the world’s poorest continents - Africa, with unpredictable and unusually harsh weather conditions being felt in most countries including Uganda this year alone.

In Uganda , we don’t need to look else where to understand the causes of the erratic climate changes. Our forests are under severe attack by some of the most imprudent policies and decisions of our national leaders to destroy the forest cover in support of industrialisation.

In Kampala alone, corrupt and short sighted officials have released wetlands and green open spaces for unplanned construction sites.
Human social economic development activities including forces related to population growth, technology lead to increase in the concentration of green house gases (GHG’s) in the atmosphere that greatly affect the global climate.

The Heads of Government of the Commonwealth, who have been in Kampala for Chogm 2007, noted and expressed grave concern about the threat that climate change presents to human security and economic well- being. But is it enough for our leaders to just sit and mourn about a sickening situation without doing much to avert it?

This is not the first time that the Commonwealth leaders and their colleagues in the rest of the world have signed conventions and declarations that remain good on paper- as millions of people continue to suffer under severe climate conditions.

Take a situation of Kampala where slums and low lying areas are submerged whenever it rains leaving thousands of people in hopeless situations.
There is the 1997 Kyoto protocol that expires in four years, the UN Framework Convention on Climate Change (UNFCC); the 1989 Langkawi Declaration on the Environment when the Commonwealth Heads of Government first defined ‘our’ collective concern over serious deterioration of the environment as a threat to the well-being of current and future generation.

While most of these international legal instruments were well intentioned to keep the global environment stable –no serious effort has been made by the governments to enforce them. It’s imperative that threats to the environment be viewed and addressed in a balanced perspective, mindful of the needs to eradicate poverty, provide sustainable development, and enhanced quality of life for all.

The cruel wealth conditions experienced in several parts of the country this year should serve as a wake-up call for our national and local leaders to jealously protect our environment. The inter-generational environmental law principle calls for equity in the exploitation of environmental resources between generations.

The principle demands that the present generation should ensure that the health, diversity and productivity of the environment are maintained for the benefit of the present and future generations.

The writer is a journalist and advocate
msserwanga@gmail.com
0772 43 46 77

COMMONWEALTH CHAIR IS MUSEVENI'S BIG TEST

2007-11-27T08:52:00.000-08:00

Commonwealth chair is Museveni’s big test
Now that Chogm has passed, it’s imperative that the country takes stock of the historic week when citizens once again demonstrated that they can stick together to attain a common objective.

President Yoweri Museveni, now has the privilege and right to be the Chairman of the Commonwealth community for another two years after the country successfully hosted a major international event since Independence.

As the organisers chest-stamp and indulge themselves with glee, the Chogm 2007 will truly have extraordinary consequences for the country and its leadership on the world stage.

The bar has been raised; Uganda’s holding of the chair for the Commonwealth will have the country come under intense scrutiny for the next two years on matters of democracy , rule of law and respect for human rights.

President Museveni, appeared to suggest months before Chogm that his government will not slip back to the dark days when oppressive governments undermined people’s fundamental rights to live in a free society.

Mr Museveni said that this will not happen especially now that he is the chairman of the Commonwealth. Much as the president can be given a benefit of doubt on his promises to realise democratic governance; growing our democracy will take more than just the spoken word. The role of good governance in boosting economic growth and development cannot be underestimated.

This is the reason why , the successful hosting of Chogm should not mask a multitude of problems the country is facing which include among others the total lack of respect and accountability by our national leaders to the 11 million voters that gave them the mandate to lead this country to prosperity.

There is still widespread –call it rampant corruption, the deliberate undermining, by the executive, of parliament and the judiciary which should ideally check against the excesses of the state and the apparent lack of general respect and tolerance to critical views and opinions of Ugandans; let it be the media, (event after being accredited, some reporters and photographers from the independent media were denied access to some state functions during the queen’s visit which again shows lack of tolerance and fair competition in our business).

But even opposition leaders must be tolerant to the views and decisions of the majority. That’s how a vibrant democracy functions.
A situation where our national and local leaders care too much for their own well being and too little about the people they lead, the peasantry that live on less than a dollar a day (just about Shs900), should also be urgently reversed.

At the opening of the business forum at Sheraton Hotel, President Museveni was quite persuasive in his arguments for the 900 Africans to ‘burst onto the world stage by exporting value added commodities and touch off an “Africa Industrial revolution”.

He rightly bemoaned the widening inequalities between the developed and developing world. But this inequality is also very evident in Uganda where the gap between the rich and the poor has assumed alarming proportions. For now , the government has done very little to improve the peasants’ lot. Charity should begin at home.

The country would save a lot of money from thinning the rank of idle cadres who have openly complained about being redundant and bored. The cost of Mr Museveni’s unprecedented huge government is simply astronomical!

The president should do the logical thing- cut down on the number of ministers, RDCs, presidential advisers (you can have one per region) and use the money to strengthen and professionalise national institutions the way he has done with the army and police.

Now that the country is relatively peaceful, we need to cut down on defence spending as well, to help extend to the countryside the un-precedented pre-Chogm renovations and construction witnessed in Entebbe and Kampala. Remember the country should, as a must, maintain these facilities together with the beautification and general high level of cleanliness experienced during Chogm. For those who pocketed the Chogm funds now is the time to account.

The out going Commonwealth Secretary General Don McKinnon, a very pleasant man and accomplished diplomat, said, “the Commonwealth should be true to our values; freedom, democracy, human rights, the rule of law and opportunity for all, especially women and young people. He then posed a question-what is the most important thing in the world? People! People! People!” What a wonderful way to say his adieu!

The writer is a journalist and advocate
msserwanga@monitor.co.ug

Chogm; we want fair trade, not aid

2007-11-20T05:55:00.000-08:00

Chogm; we want fair trade, not aid
THE OTHER SIDE OF THE LAW | Moses Sserwanga

About 5,000 heads of government, delegates and the international media descend on the capital Kampala this week, not only to participate in the Commonwealth Heads of Government Meeting (Chogm), but also to have a feel of what Britain’s greatest statesman, Sir Winston Churchill, described as the Pearl of Africa.

The theme for this year’s historic event is: transforming Commonwealth societies to achieve political, economic and human development. The theme is a perfect reminder about the growing gap between the developed world and the so-called third world countries in terms of socio-economic and general human development.

This is why Chogm is a crucial forum to address the fundamental causes of this inequality and work out practical solutions to bridge the gap. This target is particularly important because the rich nations are getting richer while the third world is becoming poorer.

The Chogm forum should not forget that the social and political revolutions of the 19th century were partly due to this inequitable social conditions in the various societies while ideological polarity(division) was to cause two world wars in the last century.

Africa has a great potential, with vast minerals and a huge total land area which if well managed with good leadership, trading policies and fair trade regulations can spark a second industrial revolution. Chogm should place emphasis on fair trade among the member countries and work to eliminate the handouts from the first world in form of aid.

Needless to say, that apart from fanning corruption , aid plays to the advantage of the giver– the richer nations of the world which keep the poor –mineral rich countries dependent and in many ways, economically colonised. What we need in the Commonwealth group is fair competition and eliminating subsides that give developed countries unfair advantage.

For instance according to the UN 2005 Human Development report, the trade barriers for the poor countries exporting to the rich countries are on average three to four times higher than those of the rich countries exporting to each other.

The Commonwealth leadership seems to have taken note of this worrying situation and is now focusing on trade regulation as an area of growing importance to Commonwealth countries and, correspondingly, for the Economic and Legal Section (ELS) in the Special Advisory Services Division of the Commonwealth Secretariat.

ELS has extended its traditional platform in this field- from designing legislative and institutional arrangements in trade-related areas, particularly investment and competition policy- to providing legal advice on implementing multilateral trade rules through the establishment of sustainable regulatory frameworks.

And there shouldn’t be any artificial bottlenecks in fast tracking this effort because the Commonwealth Secretariat which is the central administrative organ of the Commonwealth community is mandated, among others, to promote the rule of law as an essential part of its efforts to enhance good governance and development in member countries.

The legal cooperation is a unique feature of the Commonwealth, made possible because member countries have similar legal systems, most based on or greatly influenced by the common law principles and practices.

It’s imperative therefore that the Commonwealth delegates urgently hammer out a roadmap that will harmonise trading patterns by putting in place solid trading policies which is fair to all members.

All the member countries should be encouraged to actively make good use of the Special Advisory Services Division (SASD) of the Commonwealth, which focuses on Debt Management, Economic and Legal Services, Enterprise and Agriculture, and Trade.

Member countries especially the host Uganda, should also engage the Economic and Legal department of the Commonwealth secretariat which provides technical assistance that focuses on reform of regulatory environments in Commonwealth countries to encourage investment and export growth.

The underlying rationale is to help members derive greater benefit from the opportunities provided by globalisation. Economic cooperation in the regional states should remove trade barriers, harmonise taxes, guarantee free access to markets across borders and establish joint infrastructure.

The writer is a journalist and advocate
msserwanga@gmail.com

MUSEVENI ,NOW WHY PLEAD FOR KILLERS?

2007-11-13T02:46:00.001-08:00

Museveni, now why plead for killers?
November 13, 2007
The debacle about whether Joseph Kony and his LRA gangsters should escape justice by benefiting from government’s amnesty has taken on a new twist with sharp differences emerging in the rebel camp about the future of the ongoing peace talks.

The fate of LRA’s second in command, Vincent Otti, is unknown after he was allegedly arrested by Kony, the LRA’s top ho ncho, who is not interested in peace. And this should not come as a surprise to many, even after spending a year and billions of shillings of taxpayers’ money wooing the insurgents out of war they shouldn’t have started in the first place.

For Kony and his LRA marauding ragtag vicious army now estimated at 600 strong, the human tragedy in northern Uganda was just a game. They derived much, very much pleasure from maiming, raping and abducting thousands of Ugandans; the young, the old and all.

The LRA butchers forced their captives to chop off each other’s limbs and lips. Kony and his gangsters forced children to shoot and kill their grandparents, mothers and fathers, their clansmen including pregnant women. Their indiscriminate, criminal acts spared none. It’s therefore contemptuous of President Yoweri Museveni, an elected national leader, to feel sorry and even plead for the life of Otti to be spared. The two men who are at the helm of the atrocious LRA are war criminals who should be at The Hague facing trial for war crimes and crimes against humanity.

Who cares that they are in a sticky situation and have turned their blood stained guns against each other? What goes round comes around! The blood of so many people killed at the hands of these two men and the gangsters they lead has come to haunt them.

There is no place for war criminals in the civilised world and this is what has informed the fast evolving international criminal and human rights law. That’s why Kony and four other leaders of LRA are now indicted by the International Criminal Court (ICC) on 33 counts of war crimes and crimes against humanity committed since 2002.

The ICC has since issued arrest warrants against Kony, Otti, Okot Odhiambo and Raska Lukwiya. Ironically, the public should note that the arrest warrants were issued after a complaint filed in the ICC by President Museveni, who is now pleading for these accused to be spared!

According to the Rome Statute that set up the ICC, crimes against humanity include murder, extermination, enslavement, exportation or forcible transfer of population, imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law.

Torture, rape, sexual slavery also form part of crimes against humanity and these must be committed as part of a widespread or systematic attack directed to a civilian population which is what Kony and his henchmen have orchestrated in northern Uganda for 20 years.

Since Adolf Hitler’s Nazi atrocities, international criminal law has taken a new dimension and has gone ahead to recognise a number of offences as being international crimes.
Once a person has committed war crimes as stipulated in the Rome Statute, such a person cannot benefit from the municipal/ local amnesty law. In the case of former Chilean leader Gen. Senator Augusto Pinochet who was arrested in London on a warrant from Spain requesting his extradition on murder charges, the House of Lords held that international criminal law principles take precedent over municipal or local statutes.

Pinochet, just like Kony, was arrested at the request of Spanish judges seeking to extradite him to face charges related to more than 4,000 political killings alleged to have taken place during his 1973-1990 brutal dictatorship in Chile. Although the Chilean government tried to protect Pinochet, the international community prevailed and the man was charged for crimes against humanity.

Similarly, Mr Museveni and his government cannot have the option of providing a safe landing for Kony and his men because the international community can still have them extradited for trial in The Hague. Kony and the LRA should be tried for the heinous crimes committed against the people of northern Uganda.
The writer is a journalist and advocate
msserwanga@gmail.com
Tel: 0772 43 46 77

The President is about to break the law

2007-11-06T07:14:00.001-08:00

The President is about to break the law
November 6, 2007
President Museveni, at the weekend, reassured the nation that the executive is not about to alienate the rights of landlords in a renewed government effort to protect peasants from evictions and rent hikes.

Government is already in advanced stages of amending the Land Act to ‘protect’ peasants from land evictions. Among the proposed amendments is one intended to give the Minister of Lands more powers to order Resident District Commissioners to stop land evictions.

It’s been proved in the past though, that political interventions in land ownership and management matters- have not been particularly helpful in resolving the land question in this country. In fact ‘political solutions’ to the land problem that usually pit landlords against tenants (peasants) have abetted more conflicts.

Because the right to own property including land is protected in the Bill of Rights in our national constitution, it’s not politically prudent for our national leaders including Mr Museveni to side-step the provisions of the law in their pursuit of social justice.

In any case , equity and parity can only be realised by observing the rule of law. RDCs who are largely partisan have no constitutional mandate to stop the execution of a court eviction order in land matters.

Besides, the Registration of Titles Act (RTA) provides that ownership of land can only be recognised and enforced at law when a land owner erects to register his interests in land at the Land Registry upon which a certificate of registration is issued.

It’s only a certificate of registration that is conclusive proof of ownership of land . Any person without a certificate of registration can not lay a claim of ownership- meaning that such a person can be evicted from land at anytime upon a directive of court.

Because of these internationally accepted principles governing ownership of land as a major factor of production and in a broader move to resolve the conflict between landlords and tenants/squatters, the framers of our constitution in Article 237(8) provided for additional rights to protect the equitable rights of the peasants.

The constitution provides that persons in lawful or bonafide occupation of land shall enjoy security of tenure. This new set of land rights coupled with the traditionally known mailo, freehold (under these two tenures land is owned/held in perpetuity), leasehold and customary, form the country’s land tenure system.

The Land Act defines lawful occupant to mean a person occupying land by virtue of the Busuulu and Envujjo law 1928 or that person(s) who entered the land with the consent of the registered owner. The other category of lawful occupants protected by the Act are those in occupation of land under customary tenure but whose tenancy was not disclosed or compensated for by the registered owner when he or she applied for a public lease over the land.

On the other hand, a bonafide occupant of land according to the Land Act is one who, before the enactment of the 1995 Constitution, had occupied or improved land without being challenged by the registered owner of the land or his agent for 12 years.

Bona fide occupant also refers to a person (or a successor in title of such a person) who had been settled on land by the government or its agents including the local authorities such as district councils. The law also treats a bona fide occupant as a tenant by occupancy and is required to pay ground rent not in excess of Shs1,000 (per annum).

It’s clear from the provisions highlighted above that the main mischief the constitution and the Land Act sought to cure was the eviction of millions of landless people. But much as we have an elaborate law governing land, the conflicts between the landlords and tenants continue to grow because although the rights of the peasants are recognised by law, they are subject to the registered landlords under the RTA explained above.

And these competing rights can only be resolved through purchase or lawful transfer of property rights from one party to another or acquisition after adequate compensation or purchase at open market value.

Much as the government has made strides in securing the rights of squatters (peasants), nothing or little has been done to address the residual problems of offering adequate compensation to the landlords on whose land the squatters acquired equitable interests under the constitution and the Land Act respectively. Government should economically empower peasants to purchase and own land.
The writer is a journalist and advocate
0772 43 46 77

MUSEVENI IS CONVICTING WRONG CULPRITS

2007-10-30T03:42:00.000-07:00

President Yoweri Museveni is at it again, this time round calling for the amendment of the Land Act to effectively oust the jurisdiction of courts in land management matters. For the second time in as many months, the president’s move is bound to put him on a collusion course with the judiciary especially when the constitution provides for the sacred doctrine of separation of powers between the two major pillars of the state.

The legal fraternity through their professional body – the Uganda Law society have already voiced their concerns in an open letter to the president which was published in Daily Monitor last week.

Apparently Mr. Museveni is angered by the decisions handed out by judicial officers in land cases which decisions he claims have led to the unfair eviction of tenants(peasants) . The president’s misgivings are also shared by one of his generals –Gen David Tinyefuuza who called on tenants to defend themselves by means of ‘revolutionary justice’ against land owners.

The learned General Tinyefuuza went a step further to incite the masses to take the law in their own hands by calling upon the police not to protect court brokers who lawfully evict people from land.

The executive’s continued efforts to undermine the institution of the judiciary which is one of the national institutions mandated by the constitution to check and stem the excesses of our national leaders will be a subject of discussion in this column on another day.

However, lets examine the legal fundamentals in respect of land ownership viz the NRM government’s failed attempts to legally secure land rights for the millions of landless Ugandans.

For starters, its not true that Uganda’s decades long land problem is a creation of the judiciary or judicial officers as president Museveni and his government purport it to be. Rather the Land problem is a creation of the political elite in the successive governments the country has had since independence.

The political bourgeoisie have continued to play the populists card to hoodwink the peasantry (the majority of whom are landless) by deliberately sidestepping the legal parameters that recognize the lawful registration of land as the only means through which both citizens and non citizens can lay a claim of right to land.

Security of tenure or land ownership is paramount for the development of any given society/country. There is no single investor worth their name, whether local or foreign will invest in a vital resource like land with out being guaranteed security of tenure.

And that’s why it’s very important that the courts of law as empowered by our constitution should continue to arbitrate in land matters to ensure that bonafide purchasers and owners of land have their rights protected under the law.

And for the record ,courts of law don’t enact laws. Rather, the judicial officials follow and apply the law as it stands on our statute books. In fact there is a clearly defined legal hierarchy right from the grade two magistrates up to the supreme court through which contentious legal matters of any manner and degree (including land matters) can be settled. The issue of lopsided judgments as Mr. Museveni claims will not arise under this arrangement unless when its considered in a political and not legal perspective.

The government is guilty for enacting a Land law – The land Act 1998 without first putting in place a national land policy and guidelines in the administration of the different land tenure systems in the country .

The government is equally responsible for the continued disputes between the landlords and tenants because it has failed to provide for a national land fund through which tenants can secure funds to purchase land or adequately compensate land owners for land lost to the customary tenants ( squatters).

As a result many of the sections of the Land Act are inoperative thereby making it difficult for people to secure their land rights. According to the constitution, the radical title to land (actual ownership) is now vested in the citizens of Uganda at large. This in effect means that the state no longer has reversionary rights over land.

The state can only acquire land through purchase or compulsory acquisition but after an adequate compensation to the land owner(s). The long standing -politically volatile relationship between the landlords and tenants/ peasants was never cured by the Land Act because the government has failed to economically empower the citizenry to purchase and own land.

Next week ; Why the provisions of the Land Act have been rendered redundant.
The write is a journalist and advocate
msserwanga@gmail.com
0772 43 46 77

MULAGO HIV DEBACLE AND THE NAZI TRIALS

2007-10-24T02:18:00.000-07:00

Mulago HIV debacle and the Nazi trials
October 23, 2007
The protagonists of the practice of subjecting human beings to drug related clinical trials or experimentation justify their views on the basis that such experiments yield results for the good of society that are unprocurable by other methods or means of study.

But what the campaigners of drug related clinical trials on human beings don’t want to tell the unsuspecting public is the fact that these processes are flawed in many ways and some border on criminality.

For instance, in the recently failed HIV/Aids trials where an undisclosed number of Ugandan women were exposed to the dreaded HIV virus, the researchers and their European/ American backers refused to provide even mundane details about the fate of the vulnerable women who participated in the botched project.

They evoke the legally challengeable disclaimer clauses and the secretive nature of the contracts which the trial subjects sign. This is not any better than the days of the brutal dictator Hitler who called upon the Nazi physicians to help justify his policies of racial hatred with a ‘scientific’ rationale (racial hygiene).

There is need that before human beings are subjected to medical trials certain basic principles should be observed in order to satisfy moral, ethical and legal concepts.
The Nuremberg Code was a response to the horrors of the Nazi experimentation in the concentration death camps where the prisoner subjects were subjected to deadly medical experiments without their consent. The code has 10 provisions , two of which are designed to protect the rights of subjects of human experimentation and the eight others geared at protecting their welfare.

The voluntary consent of the human subject is absolutely essential. This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, over-reaching or other ulterior form of constraint or coercion and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him make an understanding and enlightened decision.

The latter element requires that before the acceptance of an affirmative decision by the experimental subject there should be made known to him the nature, duration, and purpose of the experiment; the method and means by which it is to be conducted; all inconveniences and hazards reasonably to be expected and the effects upon his health or person which may possibly come from his participation in the experiment.

The law is to the effect that the duty and responsibility for ascertaining the quality of the consent rests upon each individual who initiates, directs or engages in the experiment. In this case the Ugandan researchers who participated in the failed trials have a legal duty to tell the Ugandan public what exactly went wrong and the mitigating measures that have been put in place to secure the lives of the people who participated in the trials. This is a personal duty and responsibility which may not be delegated to another with impunity.

International and local human rights principles also provide that clinical experiments involving human beings should be so conducted as to avoid all unnecessary physical and mental suffering and injury.

In fact , no experiment should be so conducted where there is reason to believe that death or disabling injury (like in the case of the failed HIV/Aids trials) will occur; except, perhaps, in those experiments where the experimental physicians also serve as subjects.

Much as section 40 of the National Drug Policy and Authority Act bars any person(s) from carrying out clinical trials in respect of any drug without a certificate issued by the National Drug Authority, the law is not comprehensive enough to capture the complex human rights concerns.

The National Drug Authority has come on record to state that they have drafted a new set of guidelines for the conduct of drug related clinical trials although they are not yet approved. The hope is that the NDA’s proposed legal framework will address the human rights concerns to ensure that no human subject participates in such trials unless there is a justifiable case for success.
The writer is a journalist and advocate
msserwanga@gmail.com
0772 43 46 77

Uganda needs law on trial medicines

2007-10-16T09:49:00.000-07:00

October 16, 2007
An estimated 5 million new HIV infections and 3 million Aids deaths occur every year worldwide. And because of the huge magnitude of the HIV/Aids pandemic, the need to develop safe, effective and accessible prevention methods has become one of the most urgent global public health needs.

The latest sero survey results conducted by Uganda’s ministry of health indicate that about 7.9% of women compared to 6% of men are living with HIV/Aids. This grim picture perhaps explains why Uganda at all odds, should join the rest of the world to find a cure for the elusive HIV virus.

Just recently a group of women including Ugandans participated in failed HIV/Aids trials after the microbicide gel that was being tested among them as a potential preventive measure proved ineffective.

Microbicides are women friendly compounds that can be applied inside the vagina or rectum to protect against sexually transmitted infections including HIV. They can be formulated as gels, creams, films or suppositories. At least 1,33 women from six countries including Uganda took part in the failed trials and more became infected than those who didn’t participate in the trials.

The high prevalence of infection with HIV in some poor countries like Uganda combined with such countries’ inadequate resources for purchasing antiretroviral medications makes them ideal testing sites for candidate vaccines.

The problem is; Uganda doesn’t have a legal framework to regulate the conduct of biomedical research. There are no known national ethical guidelines before research is approved. Any country wishing to take part in scientific research involving human beings needs to have a national plan to address ethical and sometimes criminal issues because medical research should not be conducted in isolation of fundamental human rights.

The failed HIV trials in Uganda had been opposed by some parliamentarians who argued that Ugandans were being used as guinea pigs for experiments that could not be done in Europe and America. This was after some Ugandan scientists , a geneticist, a virologist ,and an immunologist raised fears that the people involved in the trials could undergo dangerous mutations that could lead to strange abnormalities.

They feared these could lead to the deaths like in the case of the infamous Tuskegee experiment in which American researchers mitigating the cause of syphilis denied treatment to African- American patients deliberately and without the patients’ knowledge.

There is also the issue of informed consent processes, possible coercion of volunteers and financial inducements against the greater public good/interest. International public law has developed principles to the effect that volunteers or human subjects in medical research should fully understand the risks before taking part in trials. The right to life must be safeguarded in all research. The universal declaration on human rights recognise the need to carry out experiments only when precautionary measures have been taken.

Human rights activists have presented a valid argument that it would be difficult to conduct trials of HIV vaccines in developing countries like Uganda because of scientific, social behavioral , ethical and logistical barriers.

These countries should first develop a valid reliable methodology to ensure the voluntary and informed consent to research. The fundamental legal and ethical principles of informed consent to research are well established: no competent adult may be used as a research subject without his or her voluntary, competent and understanding consent.

The most authoritative written statement of these basic legal requirements – the Nuremberg code, states that research should not deviate from the substantive standard of voluntary informed consent.

The Nuremberg code was passed after the trial of the ‘Nazi doctors’. This trial brought to light some of the most extreme examples of physician participation in human rights abuses , criminal activities and murder carried out in the concentration camps at the instigation of tyrant Adolf Hitler.
The second part of this article will be published next week.
The writer is a journalist and advocate
msserwanga@gmail.com

256 772 43 46 77

Today’s Uganda where you are governed like Britons of the 18th century monarch

2007-10-10T10:28:00.000-07:00

Today’s Uganda where you are governed like Britons of the 18th century monarch
October 9, 2007
Last week government summoned three Daily Monitor journalists over an alleged seditious story published in the Sunday Monitor titled: “Soldiers Training To Take Police jobs”.

Since the matter is now a subject of police investigation this column will not delve into the merits and demerits of the story. However, it’s prudent to examine the role of the media especially the independent media in a democracy if there exists one.

And this has to be addressed in the context of the constitutional rights of free speech, expression and access to information. Whether there is any justification for the existence of the law of sedition on our statute books – can’t even pass for a moot point.

It’s hard to reconcile the fact that our constitution provides for the Universal Bill of Rights where citizens are free to hold our leaders accountable while at the same time government retains a bad law that was designed to gag the media.

The offence of sedition has been rendered obsolete in other civilised democracies across the globe. This is for the simple reason that these medieval laws were enacted in the 18th century to protect the Crown (symbol of power) in the British Monarch. These were the times when everything was done at the pleasure of the king (rex) or the Queen (regina).

But people have since moved on and absolute monarchies ended many decades ago in the greater part of Europe and Africa. Obnoxious laws such as sedition were abolished to facilitate the growth of democracy where people are free to question the decisions of their leaders and make them accountable.

The offence of sedition is also frivolous in nature. The Penal Code Act provides that sedition or seditious intention is where a person or a group of people bring into hatred or contempt or excite disaffection against the person of the president, government by word of mouth, prints or publishes such material and circulates for the consideration of the public.

However, section 43 states that no prosecution in a seditious case can commence within six months and without consent of the Directorate of Public Prosecutions, (DPP).
Upon conviction such a person is liable (on first conviction) to imprisonment for a term not exceeding three years or to a fine of 30,000 or both.

And this then begs the question why would a person charged with a seditious offence wait for six months before he is tried? All this was designed to intimidate and gag the critics of governments or the ‘Crown’ as it were in Britain centuries ago.

Paradoxically the Daily Monitor journalists were summoned under a law that is a subject of Constitutional petition. Technically the operations of the said contested law stand suspended and are of no legal consequence until the Constitutional Court pronounces itself on the matter. This is what was decided in the case of Semuju and Tumusiime of the Weekly Observer.

The Constitutional Petition No. 3 was filed early last year at the Constitutional Court challenging several sections of the Penal Code: 39, 40, 41, 42, 43 and 179. These sections according to the petition are in violation of article 29, 30, 38, 41 and 43 of the Constitution.

Sections 41, 42, and 43 provide for the offence of promoting sectarianism, powers of courts to confiscate printing machines and prohibiting publications. The other law challenged in the Constitutional Court is section 179 which provides for criminal libel- where a person unlawfully prints, paints, writes or makes an effigy that defames another person.

All the above provisions of the Penal Code, according to the petition, violate the constitutional rights to freedom of conscience, access to information, expression, right to education and the general civil rights which permit Ugandans individually and collectively to participate in the affairs of the government and influence policies through civil organisations.

In an effort to justify its illegal actions government has on many occasions erroneously invoked article 45 which states that the enjoyment of fundamental rights should not prejudice the rights of others or public interest.

But the limitations to fundamental rights are qualified under the same article which bars political persecution and detention without trial. Government cannot also make reference to article 45 unless when done according to acceptable standards which are demonstrably justifiable in a free and democratic society. Parliament should expeditiously repeal all laws which don’t conform to the provisions of our constitution.
The writer is a journalist and advocate
msserwanga@gmail.com
0772 43 46 77

IN THAT DEAD GORILLA THERE'S A $3M FORTUNE

2007-10-02T03:46:00.000-07:00

In that dead gorilla there’s a $3m fortune
October 2, 2007
I remember back then, during our good old school days the wildlife conservation movement was a very visible aspect of our country.

Almost all schools from primary to universities had well established wildlife clubs , where each member paid a token fee that went to the conservation effort. These small clubs formed the foundation for a national wildlife movement that not only taught the young generation what all it is about our wildlife- but also the importance of conserving nature with all it attendant benefits.

Sadly, today, this mighty movement is in deep slumber. Veteran activists are sunk in gloom –resigned to the back seat as our wildlife slides into absurdity. So what’s the cause of the wildlife crack-up? The obvious cause for this is the government’s flouting of the law and its failure to put in place a well articulated policy on environment conservation and wildlife protection. The government has both quietly and publicly encouraged or condoned illegal activity in the national protected areas like Mabira and Queen Elizabeth National Park where hundreds of herdsmen continue to occupy a wildlife sanctuary.

This ineptitude can perhaps explain why government kept silent while the rest of the world was mourning the brutal killing of three female mountain gorillas and one male silverback gorilla in the Virunga National Park along the Uganda-DR Congo border.

The gorillas were members of a group known as Rugendo. One of the surviving members of the group, the 5-month old baby Ndezi (whose mother Safari was killed), is now in quarantine and being cared for by the Mountain Gorilla Veterinary Project in Goma. The infant is still too young to survive alone in the wild habitat.

In January this year two mountain gorillas were killed in the same park. The skin of one gorilla was recovered from a latrine in a nearby rebel camp. The perpetrators of the killings were believed to be supporters of Laurent Nkunda, the leader of a new Congolese rebel group operating in the area. Just two months ago the country celebrated the increase of the gorilla population in Bwindi Impenetrable National Park in Uganda, a tourism resource that every Ugandan must work to protect.

Uganda is fortunate to be one of the three countries in the world that provide habitat to majority of 700 mountain gorillas surviving in the wild habitats today. These creatures which share a common ancestry with humans after chimpanzees live in the afromontane forest habitat that straddles the shared borders of Rwanda, Uganda and the DRC. For such a small population the unnecessary and indiscriminate killing of seven mountain gorillas since the year began amounts to a massacre.

Gorillas are by no means the only regional tourist attraction. A wealth of stunning wildlife, breathtaking scenery, challenging hikes and fascinating culture are, in themselves, persuasive arguments for visiting the region, especially the famous Bwindi Impenetrable Forest in the Kanungu border district.

According to the International Gorilla Conservation Programme (IGCP) – a coalition of the Fauna & Flora International, African Wildlife Foundation and the World Wide Fund for Nature- the annual revenue earned directly from gorilla tourism is estimated at $3 million.

When combined with the additional income received by, for example, hotels and restaurants, the total figure may exceed $20 million shared between Uganda , Rwanda, and DR Congo.

Therefore the long-term success of gorilla tourism hinges on the enthusiasm and commitment of government and the local communities around the parks to protect these animals.

Although Ugandan decision makers, especially President Museveni, are forever caught in a dilemma when it comes to regional security given the fragile foreign relations with our neighbours in DRC, the government must still find mechanisms that will compel ragtag militias operating along the common border to desist from killing mountain gorillas.

The Wildlife Act mandates government and its implementing agency – the Uganda Wildlife Authority to manage our national parks, protect and promote conservation of the country’s wildlife for the benefit of all the people of Uganda.
The write is a journalist and advocate
msserwanga@gmail.com
0772 43 46 77

ITS GLARINGLY WRONG TO ARM TRAFFIC POLICE OFFICERS

2007-09-26T01:38:00.000-07:00

The inspector General of police , General Kale Kaihura, last week pulled off yet another surprise when he declared the arming of traffic policemen whose notoriety for corrupt tendencies is known by all and sundry.

The police chief said the reason for arming the traffic police is to defend themselves against “attacks from errant motor drivers.”

General Kaihura has the authority under the law to arm and disarm the men and women he leads in the police. However,the proposal to allow the traffic police to carry firearms needs to be put in perceptive.

Policing around the world is evolving from the hitherto narrow preoccupation of protecting the state and its rulers to democratic policing which is largely founded on the principles of protecting individual and group rights with minimum use of force or call it violence.

This is particularly important for Uganda because the country is still grappling with the gun-culture problem a manifestation of our violent-turbulent political past. This is why, General Kaihura , most times a well intentioned man, and whose ideas reflect a sense of purpose to do good for the country- should not go ahead to arm the traffic police.

The Police Act allows policemen to use firearms in very few exceptional circumstances. These include cases where a person charged with or convicted of a felony escapes from unlawful custody or when a person who through force rescues another person from lawful custody or when a person through force prevents the lawful arrest of himself or herself or any other person.

The Police Act is even more explicit in section 28(3) where police officers are barred from using firearms unless such officer(s) has reasonable grounds to believe that he cannot otherwise prevent any act referred to above to effect the arrest, or has issued a warning to the offender that he is going to use the firearm and the offender does not heed to such warning.

The other acceptable circumstance where police personnel can use firearms is when their lives are in danger. Perhaps this is the reason upon which the Inspector General premised his arguments for arming traffic policemen. He says that there are instances where traffic police officers have been put on gun point by errant motorists.

But then again, how often will you find a motorists pointing a gun at a traffic police officer? Besides much of the traffic policing work is done during day time. There are hardly any traffic policemen on our roads beyond say 9 O’clock in the evening.

The police force has all the support mechanism including the patrol vehicles -their kintu kidogo syndrome not withstanding to back up police officers on duty. So, what is the logic, rationale of arming traffic policemen if this is not intended to breed more violence.

Given all this, the public’s angry reaction to Kaihura’s proposal is understandable. It seems, often times, our leaders tend to deliberately ignore a historical fact -that this country and its inhabitants have suffered to much ,for so long at the hands of gun wielding leaders and their personalized military machinery.

What the country needs now is to take guns off our streets and towns. Uganda is still listed among the countries that have grossly abused the Russian made Kalashnikov assault rifle also known as AK 47. The gratuitous behaviour where armed people draw a gun at the slightest opportunity should not be allowed to take root in our fragile young democracy.

In just over a month the country will host the Commonwealth Heads of Government Meeting (Chogm) to foster democracy and good governance the bench marks for this body of nations. Democratic nations need democratic policing , which is tailored at the peaceful resolution of disputes rather than the use of violence.

The principle of democratic policing calls for democratic values of tolerance and minimum use of force within our armed forces including the police.

Uganda being the host country for Chogm, should recognize the Commonwealth principles of accountability, transparency, participation, adherence to the rule of law, respect for diversity and democratic functioning which apply to police organisations.

Instead of arming traffic policemen, general Kaihura should launch a nation wide campaign to collect and destroy the thousands of illegal guns among the population . Only then shall we cement the peace and security ‘ushered in’ by the NRM government. Arming traffic policemen at this stage of the country’s development is simply a bad idea.

The writer is a Journalist and Advocate
msserwanga@gmail.com
msserwanga.blogspot.com
0772 43 46 77