TO HAVE OR NOT TO HAVE A SHIELD LAW IN UGANDA

TO HAVE OR NOT TO HAVE A SHIELD LAW IN UGANDA MOSES SSERWANGA delves into the tricky question of whether or not Uganda should enact a Shield Law to protect journalists from disclosing sources. It is a complex issue given the loose definition of a journalist, and after effects of the phone hacking scandal in the UK. They have always been easy allies- the journalists and their sources of information. But this privileged relationship is increasingly being challenged by third parties including the state and its agents, raising the pertinent question whether a ‘shield law’ should be introduced to Uganda’s media industry. A shield law can be defined as the law which affords news reporters the privilege to protect their sources. But the privilege must be balanced against a variety of competing government interests such as the right of the government to apprehend criminals and to prevent the impairment of investigations. Still, most states have enacted shield laws, based on the right to access information which guarantee the freedom of the press as provided for in the Bill of Rights In the case of Uganda, this is in Chapter Four of the Uganda constitution. Now, more than ever before, many senior media practitioners interviewed for this paper agreed on the need to accelerate advocacy for parliament to pass a shield law that protects journalists and their sources. With this law in place, industry players argue that journalists will effectively play their traditional and democratic watchdog role without being compelled to reveal their sources of information . David Ouma Balikowa, veteran editor and media consultant makes the case for a shield law to protect journalists and their sources from being prosecuted. “Much as we have a Whistle Blower law that protects people who volunteer information in the public interest, it should be noted that not all whistle blowers are sources of information. Journalists’ sources go beyond whistle blowing. The shield law should be distinct from the Whistle Blowers law; sources of information must be determined and well defined,” he argues. Balikowa posits that journalists should only be compelled to disclose their sources of information by courts of law upon provision of hard evidence that, by doing so, national security interests will be protected. John Kakande, a senior editor at the Vision Group and Margret Sentamu -Masagazi, Executive Director Uganda Media Women’s Association, echo Balikoowa’s views, adding that that there was need for a national dialogue to discuss the enactment of a law to protect journalists and their sources. Their argument is that such a law would ensure public accountability and good governance. The reporters’ privilege not to reveal sources is premised partly on the provisions of Uganda Constitution of 1995, Article 29 which guarantees the public free access to information that is in the hands of government and its agents. The enabling law, The Access to Information Act was operationalised in 2012 after the President assented to it. In other words, free access to information and press freedom -can only be upheld when journalists are protected to access information even from confidential sources in a national effort to provide accurate information for the public to make informed decisions. “This is a constitutional requirement which must be protected,” says, Haruna Kanabi , Executive Secretary of the Independent Media Council of Uganda.( IMCU). There is a provision in Section 38 of the Press and Journalists’ Act that forbids journalists from disclosing their sources except when instructed by a court of competent jurisdiction. This, however, is only a prohibition and does not amount to protection of journalists’ sources. On the other hand, those who are challenging this long held journalists’ professional privilege not to disclose their sources, argue that with the liberalization of broadcasting that led to the proliferation of electronic media outlets, the profession has over the last two decades ,attracted many practitioners with limited or no professional knowledge. This shortage of professionalism has prompted media critics within the public to question whether legal protection should be applied in an omnibus manner, even to abusive and unprofessional journalists. There is also the emergence of the power dynamics between journalists and their sources where the professional high standards of objectivity and independence is being eroded by the powerful , dominant sources of information. As argued by scholars such as Terence Johnson in his book Professions and Power (1972), journalism as a profession loses its autonomy to the forces (read sources) on which journalists depend for information. This argument has been amplified by the recent developments in Britain where reporters attached to the then British tabloid, News of the World, misused the news reporters privilege to protect sources. The paper’s journalists and editors used crude methods including tapping phones of subjects, and at times paid huge amounts to police to obtain information about individuals to use as exclusive story content. These journalists invaded people’s privacy but could not divulge sources of information citing the long held tradition of not revealing sources. It should be noted that the News of the World soon folded following a public outcry that led to a landmark parliamentary inquiry into the scandal. Lord Justice Leveson, who led an inquiry in this public scandal has since released a report in which he states thus: “ There have been too many times when, chasing the story, parts of the press have acted as if its own code, which it wrote, simply did not exist. This has caused real hardship and, on occasion, wreaked havoc with the lives of innocent people whose rights and liberties have been disdained.” Leveson has gone ahead to question the ‘blanket’ privilege of news reporters to protect their sources and recommended for the introduction of a new press law to establish a new regulator with statutory backstop. And yet, the professional misdemeanor, where journalists hide behind the privilege to protect sources, to distort facts , blackmail or worse still extort money from the unsuspecting public for selfish purposes is not limited to the UK. Just recently, The Chief Executive Officer, (CEO) , of The New Vision Group, Mr. Robert Kabushenga, has come clean by publically declaring that indeed, there are journalists who engaged in extortion either as blackmail or in return for guaranteeing favorable publicity. He noted that this has now become an industry-wide problem which threatens to destroy the credibility of media institutions in the country. The question then is : Should we really have a shield law enacted in Uganda to protect news reporters privilege not to disclose sources of information? This question can only be answered after an in-depth analysis of the different arguments presented by the various industry scholars in those jurisdictions where shield laws are applied. The nature and rationale of the Shield Law; But for better understanding of the operation of the shield law we can borrow a leaf from the United States of America where there have been more progress in the application of shield laws. Congress in 1975, passed Federal Rule of Evidence 501 concerning privileges including the qualified reporters’ privilege. The “phantom” privilege referred to earlier dates from Branzburg v. Hayes in 1972. A deeply divided US Supreme Court, while ruling against the reporter, seemed to find a basis for a qualified reporter privilege. In his eloquent and prescient dissent Justice Potter Stewart warned that without a privilege the historic independence of the press would be undermined. Justice Stewart reasoned that without the qualified reporter privilege, (qualified in a sense that there should be reasonable limitations imposed by courts of competent jurisdictions), sources of information for the public good would be apprehensive in reaching out to journalists to share the said information. This, Justice Stuart noted, would fundamentally weaken press freedom and the public’s right to access information. A number of problems have arisen, however, concerning the scope and application of this privilege. One such dilemma is determining to whom the privilege applies. It goes back to a question of definitions of whether journalists are professionals to enjoy the trappings of a professional. Unlike other professionals, privileged by scholarship, societal standing and licencing like lawyers and doctors, in Uganda many journalists are not licensed or certified in any manner. Any law that provides a privilege necessarily must define whom it will cover. This is a well-placed caution with strong historical perspectives on the dangers of government defining who is a journalist. Licensing and mandatory membership in press groups have been frequent and convenient ways for government to restrict press freedom. The Press and Journalists Act (2000) does not have a definitive definition of who a journalist is. In other jurisdictions a journalist has been defined as one who communicates via newspaper, is employed by a newspaper, or whose communication is classified as “news.” The other issue which arises is whether books, magazine articles, or pamphlets are encompassed in the definition of a newspaper. Most state statutes also protect television and radio broadcasts, although some limit protection to “news” programs. In addition, some courts have held that documentary films should be included in the scope of the privilege protection. There is also the question of how the term news should be defined. Statutes seldom define the term, and some commentators are not convinced that an adequate definition can be devised. Presumably poetry or works of fiction are not news, but it is a more difficult question when considering sensationalism or gossip. Some legal scholars advocate avoiding consideration of the supposed worth of the communication and making the privilege available to those who generally acquire information for public dissemination. According to John Baptist Wasswa, journalism lecturer at Makerere University, the definition of who is a journalist should encompass professionals who are in the business of publishing information . “And I think this goes beyond journalists. That’s an area which must be agreed upon by the industry players and other stakeholders when developing the shield law. We need to determine the categories of these professionals i.e film producers, playwrights , Djs, etc .Should all these professions involved in providing information be protected?,” he says. Another important issue that arises under state statutes that protect journalist’s sources is whether a “source” can only be a human informant or whether it can include a book, document, tape recording, or photograph. Both Kakande and Sentamu Masagazi argue that sources who should be protected are those who divulge information in the custody of state actors. Again this should be read together with the provisions of the Access to Information Act. Others who should be protected are those sources in vulnerable positions where upon disclosure could lead to their lose of employment. Wasswa makes the point, however, that a proposed shield law should not apply to the editor-reporter relationship. For good journalism to flourish and in order to give the editor a certain level of confidence in a journalist’s story, journalists should disclose their sources to their editors. The onus then lies on the editors not to disclose the journalist’s sources to third parties. The Uganda situation makes the need for more protection for sources even more urgent. Security issues are taking centre stage, and we are witnessing increased government secrecy on matters that should be in the public arena, such as petroleum production agreements. Tony Pederson ,a distinguished media scholar and a Belo Chair in Journalism at Southern Methodist University, states that while shield laws are not necessarily the complete answer to challenges on reporter privilege, this much is certain: “The loss of an aggressive and independent press puts all individual liberties at risk. Even the media bashers and the hard-liners on prosecutorial rights will have to listen at some point. Constitutional government has often been a balancing act, and a reasonable balance is what is needed.” The recent police siege at the Daily Monitor and Red Pepper has compounded the shield law debate. Did the controversial missive by Gen. Sejjusa qualify as a documentary source befitting protection? Is it still a revered source when the author confirms he penned it? Was police looking for the right source? This indeed brings forth a new dimension. As we carry forward this discussion it’s imperative for Uganda’s media fraternity to do a soul searching and determine whether it has employed the ‘sacred’ privilege to protect sources in service of the public good or, for selfish . Otherwise, it won’t be long when third parties will have a just cause to render this benefit redundant. The writer is a an advocate of the High Court of Uganda This paper was first published in the Uganda Media Review Journal msserwanga@gmail.com

HOW LEADERSHIP IN AFRICA CAN BE IMPROVED

How Leadership in Africa can be improved Paper Presented by Moses Paul Sserwanga Media, Communications and Legal Consultant Understanding the problem: To answer the above highlighted question I start by quoting one of Africa’s icons former South Africa President Nelson Madiba Mandela who once stated thus: “ Poverty is not an accident like slavery and apartheid: it's man made and can be removed by actions of human being”. Many of the problems of my country Uganda and Africa in general are man made and that’s why in order for one to advocate solutions to Africa’s problems , it’s imperative to identify some of the underlying factors responsible for the leadership and development challenges that the continent faces today. Dictatorship has led to many civil wars that have caused so much suffering to the Ugandan people since independence in 1962 up-to the early 2000s when Joseph Kony’s Lords Resistance and Allied Democratic Forces, (ADF) armed rebellions where brought to an end by the National army the Uganda Peoples Defence Force (UPDF). With dictatorship, came wide spread corruption, discrimination and disfranchisement of the vulnerable people including women and minority communities; misappropriation of state resources mainly for the benefit of a few people in the ‘privileged’ political class among others. Women who form a critical mass for the development of any given society in this modern era, still play second fiddle due to the male chauvinism which is deeply entrenched in the African traditional systems/settings. Many women in Uganda are not engaged in meaningful economic activity because they are meant to state at home and fend for the family while the men are out on drinking sprees. Thus, women have less civic engagement and lower political participation . Although , Uganda is considered one of Africa’s fast growing economies with an annual economic growth of 7.2% -one of the highest in Sub-Saharan Africa, the country largely relies on foreign aid for much of it’s national budget financial support and the majority of the people are still below the poverty line living on less than one dollar a day. It’s only recently when the donors suspended aid due to widespread corruption that the government has announced that in the coming financial year Uganda will finance its entire budget. One would therefore think that Uganda cannot fund its own development. That’s not the case. The government has got money but like many other African countries, state resources are not spent on priority areas like education, health and infrastructure, instead , money is channeled to finance political patronage and the military. The African leaders spend much of their countries’ resources to develop big armies which they employ to perpetuate themselves in power. This is not a good practice for development to take root . There’s even a challenging of collecting taxes that are due to government because of corruption . Ms. Allen Kagina, the Commissioner General of Uganda Revenue Authority,(URA) has recently acknowledged that Uganda collects only a fraction of its the taxes due to the monster called graft!. And much as Africa is endowed with rich natural resources like the recently discovered oil in western Uganda and neighbouring , DR Congo, Kenya and Tanzania -the Sub-Saharan Africa is home to a third of the world’s poorest people, and six of the top 10 most backward economies in the world. The majority of the poor cannot accesses the resources available for development and the circle of poverty continues. The continent’s economic ability is also being eroded by the illegal capital flight “ hemorrhaging” out of African countries – often in the form of tax evasion and trade imbalances . This is the wanton phenomenon of under development that’s pronounced across much of Africa -a continent with 52 states. WAY FORWARD First and foremost ,the political leadership in African must be held accountable on all the promises they make while assuming office. This can be done through periodical peer reviews which should be set up at all levels of governance to assess the performance of leaders on the continent. The African Peer Review Mechanism that was set up to access the performance of African presidents is a good measure going forward. But much as the African Peer Review penal normally publishes its findings following the assessments it carries out for public accountability purposes , mere publication of its reports without attendant sanctions for poor leadership is simply not good enough. The Peer Review Mechanism should come-up with agreed sanctions to be imposed against those leaders who do not meet the minimum set standards for good leadership. There should be a concerted effort to encourage women to participate in the political processes and take –up leadership positions because it has been proved that once given a chance, women can turn out to be good leaders. Africa is not short of the shining examples of women leaders who are now acclaimed globally. Here in Uganda for instance, the first woman speaker of parliament , Rebecca Kadaga is being hailed for her firm stand to protect and promote the sacred constitutional doctrine of separation of powers among the three arms of government ,the executive , parliament and the judiciary . Elsewhere on the continent, the first woman to be elected president on the African continent, Ellen Johnson Sirleaf of Liberia’s and her counterpart Joyce Banda of Malawi are two other good examples of smart leadership that caters for the interests and development of the common man. Leadership that¬’s tailored at eliminating wastage of state resources for personal aggrandizement is what is need in Africa . Other leaders on the continent should be encouraged to emulate President Banda’s example were she sold off an expensive presidential jet and invested the proceeds in vital sectors such as agriculture , health and industries which directly benefit the people and spur economic growth and development. Leadership on the continent can also be improved by strengthening the various institutions of governance such as parliament , the judiciary ,civil society so that the individual leaders cease to be the law unto themselves. This is why state resources should be deployed to empower people through civic and formal education to demand for what is due to them and hold their leaders accountable. The question of accountability is even more prudent now that several countries have discovered mineral resources and oil within their territories. Much of the proceeds of the African resource boom need to go directly into education, health and nutrition and improving the productive capacities of the poorest citizens to foster economic growth and development . If not, efforts to boost economic growth in a sustainable way will be untenable . The European Union has recently set up a law that will make oil, gas, mining and logging companies declare payments to governments in the countries where they operate. This is a good gesture in a global concerted effort to enforce transparency. On the economic front, African governments should put in place all inclusive economic policies that cater for the interests of all- including the vulnerable groups like women , minorities, and the disabled. Women emancipation programs being implemented in Uganda to empower women economically by extending credit and farm inputs should be show-cased elsewhere on the continent. The private sector should not be left behind either because its the engine of Africa’s economy. Financial institutions like the African Development Bank should be revamped to provide the much needed credit to fuel economic activity and development through the public –private partnership mechanism. African governments should enact laws that will reduce the lead times in doing business on the continent . There’s to much red tape coupled with corrupt tendencies that continue to discourage many foreign investors from doing business and investing in Africa. Uganda is now moving to reduce on this red-tape by creating a conducive investment climate by enacting a friendly legal framework to ease on the length procedures an investor hitherto, had to endure to start-up a business in the country. The rest of Africa should follow this good example. African leaders should leverage and position Africa as a major investment destination in the world in those sectors where it has a comparative advantage such as agriculture and energy. They should also ensure value addition to much of what Africa produces to increase people’s incomes the majority of whom are farmers. Africa needs to invest more in equipment, technology and infrastructure which create jobs for many youths that are coming out of universities and technical colleges . But it’s also imperative that efforts to develop Africa must be carried out in a sustainable manner by taking care of the natural environment for the benefit of the present and future generations . For their part, Africa’s development partners can deliver aid, which will promote good governance, and support civil society to keep their leaders accountable. Aid must be properly used to increase our capacity to produce more income. It is time for a new, fair deal for the poor peoples of Africa; one that gets Africa’s resources deployed for the benefit of all its people- the public good so to speak. ENDS msserwanga@gmail.com

By Moses Sserwanga UNDERSTANDING TRANSITIONAL JUSTICE TO REDRESS LRA'S WAR CRIMES AND OTHER HUMAN RIGHTS VIOLATIONS IN NORTHERN UGANDA Transitional Justice has emerged as one of the key thematic (read theme/subject)areas for the Justice, Law and Order Sector (JLOS) to promote justice and accountability for past human rights violations and war crimes for victims in Uganda’s conflict-affected areas. Our country has witnessed turbulence predating independence, and has since then been grappling with finding lasting solutions to issues of human rights violations , destruction property in war affected areas. Lives were lost, persons disappeared, human rights were abused and violated, children were abducted and people maimed. The future of many children whose life opportunities have been lost remains uncertain; it is only noble to say that the scars of our past vividly haunt us. In order to redress these injustices, the Justice Law and Order Sector, (JLOS) has put in place a Transitional Justice process and mechanisms associated with a society’s attempt to come to terms with a legacy of large-scale past abuses to ensure accountability, serve justice and achieve reconciliation. According to the Transitional Justice technical Advisor at the JLOS Secretariat , Ms. Margaret Ajok, Transitional Justice consists of both judicial and non –judicial processes and mechanisms which include prosecution initiatives, truth seeking and reparation programs. “ Through this system we want to promote justice and accountability for past human rights violations and war crimes. We are going to enhance access to justice and provide basic services for victims in Uganda’s conflict affected areas with emphasis on the rights of vulnerable groups (women and Children),” she says. Ajok explained that the Transitional justice agenda in Uganda was brought on board with the signing of the 2007 Juba Agreement on accountability and reconciliation. “The spirit of the agreement is the need to adopt appropriate justice mechanisms to resolve the two-decade war in Northern Uganda and to promote accountability and reconciliation. The agreement requires that the Government of Uganda adopt appropriate policy framework for the implementation of the terms of the agreement, introduce amendments to the amnesty the law to conform with the agreement and undertake legal proceedings nationally or internationally, “ she stated. In 2008, a Justice Law and Order Sector (JLOS) Transitional Justice Working Group (TJWG) was established to critically think through the practical issues that have to be addressed before transitional justice mechanisms on accountability and reconciliation are institutionalised. The working group consists of individuals from core JLOS institutions selected based on their comparative role in implementing the commitment in the Juba peace agreement in accountability and reconciliation. The working group is divided into the formal criminal jurisdiction, traditional justice, traditional justice truth telling and integrated systems sub - committees in order to expedite the work of the working group to tackle different thematic areas with representatives nominated from the various institutions. These institutions include the Ministry of Justice and Constitutional Affairs (MoJCA), the Judiciary, The Uganda Law Reform Commission (ULRC), the Uganda Police Force, the Directorate of Public Prosecutions (DPP), the Judicial Service Commission (JSC), the Ministry In 2009, the formal justice sub committees undertook consultations on the use of formal criminal prosecutions in addressing impunity with specific regard to the then proposed International Criminal Court (ICC) Bill. The outcome of the study led to proposals for amendment of the Bill which is now law - the International Criminal Court Act, 2010[1]. The Act serves as the legal framework for bringing perpetrators of war atrocities to account for their actions. In 2010, the 15th Annual Government of Uganda – Development Partner Review meeting was held whereby transitional justice featured as an important commitment of the Sector. JLOS has since adopted transitional justice as an important process to deliver justice for conflict affected regions and communities in Uganda through the sector wide approach. Transitional justice is also being incorporated into JLOS strategic investment plan III. In 2011, the sector undertook national consultations on the use of traditional justice and truth telling mechanisms in the promotion of accountability and reconciliation. Findings from the consultations will lead to the development of policy proposals on alternative justice mechanisms, including truth-seeking, traditional justice and reparations. National Transitional Justice Policy: The National Transitional Justice Policy will be developed in accordance with the Juba Agreement on Accountability and Reconciliation (2007). Equally, the views and aspirations of the people who were affected by the conflict are being taken into consideration. The agreement emphasizes victims’ rights and participation with special attention to the situation of women and children who were affected by conflict and promotion of a holistic approach to justice. “The policy will therefore address issues of justice and reconciliation through a number of methods ,including: traditional justice mechanisms, reparations, and social reintegration of conflict affected communities , including amnesty reporters and victims of serious violations. The writer is a human rights lawyer, trainer,development communication/media consultant and advocate of High Court of Uganda

EXCLUSIVE INTERVIEW WITH JANET MUSEVENI

In an exclusive interview with Gov’t Review held at state house Nakasero on a bright sunny Monday afternoon, the First Lady and Minister for Karamoja, Mrs. Janet Museveni, revealed what motivates her to serve her country. (see our lead story and full interview inside.) Mrs Museveni says thus; “It’s my duty, just like I believe that it’s a duty of every Ugandan to improve every part of Uganda. We must work to ensure that Uganda can become an interesting place to visit instead of us admiring other countries and thinking that our own country is not interesting, it’s not developed. If we don’t do that work ourselves, Uganda will never become better. Besides, those countries we look at and admire have been beautified by their own people. So it’s up to us to work and ensure that Uganda becomes better and that means every part of Uganda, every corner of Uganda- so that the next generation which will come after us will find a better place to live and work.” We at Gov’t Review a publication which is premised at publishing information about Uganda’s development agenda and explain government policy -to inspire Ugandans to do much more for our country, are in total agreement with Mrs. Museveni’s views about the path our country should take for greater economic growth and development. The great American leader, John F Kennedy at his inauguration in Washington on January 20 1961, stated; “ask not what your country can do for you; ask what you can do for your country.” We believe that a time has come for Ugandans as well, to ask what they can do for their country instead of waiting for handouts from our development partners or more still the central government. Mrs. Museveni, made a more comprehensive case for Ugandans especially the young generation to embrace hard work and be patriotic citizens . This is what we need if we are to remain a truly competitive nation in a tight global economic arena where the gap between the wealthy and poor is widening everyday. Let Ugandans ride on the good government ecomomic policies and targeted interventions like the affirmative action in Karimoja region and the youth fund to emancipate ourselves and make a meaningful contribution for individual growth and national development. Government has stood-up for Karamoja a hitherto neglected ,isolated part of our country and we support Mrs. Janet Museveni who is running the Karamoja docket under the Office of the Prime Minister in her endeavour to lead the transformation of the region . She is rallying the region for the larger purpose of greater freedom and revival. Executive Editor msserwanga@govreview.ug msserwanga@gmail.com

IS JLOS DELIVERING ON ITS PROMISE

THE OTHER SIDE OF THE LAW BY MOSES SSERWANGA IS JLOS DELIVERING ON IT’S PROMISE Since the NRM government led by President Yoweri Museveni took over power by legal Notice No. 1 of 1986 significant inroads have been made in putting the country on a constitutional path . It’s imperative therefore to examine how the Justice Law and Order Sector performed in the last 10 years . Just like any other revolution that overthrows another government, when the NRM captured power after a 5 year war , it immediately suspended the 1967 Constitution by legal Notice No.1 of 1986 and among other things vested the NRC with supreme authority of the government including the legislative powers of the legislature (Parliament). The Legal Notice No. 1 stipulated what kind of leadership the NRM wanted to implement in the country. And since constitutionalism was one of the grievances that led Museveni and his fighters to the bush to wage a protracted war against what was perceived to be a doctorial government led by the late President Milton Obote, It was planned that the country would have a national constitution where people’s views were to be considered. And in 1995 Ugandans came up with this Constitution which effectively ended the operation of the NRM Legal Notice I. By any standards, the 1995 constitution which was promulgated after country wide consultations and fierce debate in the Constituent Assembly, was a good document ; that provided for fundamental human rights in chapter four of its pages, separation of powers between the judiciary, legislature and the executive and more significantly provided for presidential term limits. And once the Constitution was in place, government through parliament has gone a head to enact many good laws to fight corruption and ensure public accountability and transparency, protection of the environment and natural resources and ensure public order , security of persons and property and the rule of law generally. More still the 10 ten last years , have seen government a Strategic Investment Plan (SIP 1& 2) and it’s now rolling out SIP III for the next five years 2012/13-2017, to ensure the rule of law and justice for all Ugandan irrespective of their gender, age and social status. The Justice Law and Order Sector (JLOS) is a sector wide approach that brings together 17institutions responsible for administering justice maintaining law and order and promoting the observance of human rights. For the record the JLOS 17 institutions include , Ministry of Justice and Constitutional Affairs (MoJCA)which is the Lead Institution , the Judiciary, Centre for Arbitration and Dispute Resolution (CADER),Directorate of Citizenship and Immigration Control (DCIC),Directorate of Public Prosecutions (DPP), Judicial Service Commission (JSC), Law Development Centre (LDC), Ministry of Gender, Labor and Social Development(MoGLSD)-Juvenile Justice, and Ministry of Internal Affairs(MIA). Others are the Ministry of Local Government(Local Council Courts),Tax Appeals Tribunal (TAT),Uganda Human Rights Commission (UHRC),Uganda Law Reform Commission (ULRC), Uganda Law Society (ULS), Uganda Police Force (UPF), Uganda Prison Service (UPS), and Uganda Registration Services Bureau (URSB). New innovations some of which have won international awards have been brought on board such as the Chain Linked Initiative to fast track justice and community policing to prevent crime. On the whole , It can be argued that to some extent great strides have been made in realization of the rule of law and administration of justice. This is evidenced through the creation of Specialised divisions of the High Court which include ,the Commercial, land, family, criminal , anti corruption High Court divisions among others. The number of magistrates and judges on the bench has more than doubled and the judicial service delivery facilities including court premises have been renovated and new ones constructed although the justice sector is still under-funded. But although government has made tremendous effort in ensuring a functioning and fair justice system in the country, there many inherent weakness and in some cases out right violations of the spirit of our national Constitution. Some of the subsidiary laws enacted have tended to take away some of the rights protected under the constitution . The constitution itself has since been amended to remove term limits a decision that has been widely criticized. Since 1999 the Constitution has been amended 48 times setting a new record. Although among other amendments to the constitution was the establishment of a multi-party democracy. But on many occasions the presidential and local elections held under the pluralism system have been disputed for alleged lack of democratic political space, violence and voter bribery. The government also seems weak in implementation of the many laws that have been enacted and once it has come out to apply the law –it has been in many cases selectively done. The Inspector General of Government report produced together with the Economic Policy Research Center of Makerere University -2010 noted the poor implementation of laws that are supposed to ensure justice for all. It was reported that Uganda had almost 90% weak implementation of laws, most especially anti-corruption legislation. There’s also poor facilitation of agencies that are supposed to provide justice and law. The police is poorly facilitated thus being ranked as one of the most corrupt institutions. In the process justice is defeated and hence denied. The judiciary too has lamented over poor pay. The Chief Justice recently advocated an increase in the salary of judicial officers. This has affected the justice system in the country. Last year the IGG's report mentioned the judiciary as one of those agencies that have been hit by corruption. With poor pay of judicial officers corruption related cases have been reported against some judicial officers and yet they are supposed to be custodians of our laws. Justice cannot be delivered where the judiciary is perforated with corruption. The IGG office was established to ensure accountability among public officials and fight the corruption vise . But the office started off on the wrong premise as it was placed under the President’s Office hence its independence was questioned. It is now a constitutional office. The Leadership Code is among the tools the IGG is meant to enforce against public servants so that none has ill gotten wealth. It is still an uphill task to implement. Article 235A of the Constitution establishes the Leadership Code Tribunal to handle cases involving politicians that violate the Code however 7 years later it has not been constituted. The Office of the Auditor General is now independent able to regulate its funds and recruit staff in order to monitor government expenditure. The office is still thin on the ground. Proposals to amend the Constitution to deny the right of bail have gone a long away in threatening the justice doctrine enshrined in our constitution that a person is presumed innocent until proved guilt. Further still ,there is little or no effort at all to educate the Ugandan people about their constitutional rights and what is contained in the many good laws that have been enacted by parliament . The end result is that many people continue to suffer silently . Implementation of the enacted laws should be adhered to. Otherwise they cease to address the purpose for which they were enacted and end up being rendered redundant. Performance contracts should strictly be implemented and adequate funding towards JLOS institutions and their over site agencies should be revised upwards. Justice must be seen to be done . This article was first published in Gov’t Review a monthly publication that focuses on Uganda’s national development issues The writer is a development communications consultant and advocate of the High Court of Uganda

GOV'T REVIEW A NEW MAGAZINE THAT FOCUSES ON UGANDA'S NATIONAL DEVELOPMENT AGENDA

EDITOR’S NOTE Today marks yet another milestone in Uganda’s media industry as we have come to know it .Government Review , a new monthly development oriented magazine with unique content, projection and disposition, has been born. Tailored at promoting the national development agenda, the magazine shall exclusively focus on critical national development issues to ensure public accountability, transparency and good government. So, in effect , there will be moderate focus on politics and more emphasis on development matters in this magazine\s columns. As a development mouthpiece, we shall strive to practice a brand of journalism that is fair and balanced, always publishing well researched and accurate information about the central and local government performance; policy reviews across all sectors to enable citizens participate in their country's development agenda. This is a media platform crafted to showcase the key development success stories while not losing sight of the challenges that confront the country and what should be done to overcome those challenges. We shall talk to the national and local leaders, the business gurus and our development partners to bring to you their thoughts about government’s national development policies and programs and how there are meant to benefit the Ugandan people. We acknowledge and thank government ministries and agencies that have worked with us to put together this publication. And from the onset, therefore, we at Government Review ,owe our readers a great debt of gratitude for your promise to stand with us and together help develop our country. Moses Sserwanga Executive Editor msserwanga@gmail.com

Arachek Dam set to transform agriculture in karamoja MS For decades, long dry spells have wrecked havoc in the Karamoja sub region leaving thousands of people to move long distances in search of water. But with the construction of new dams across the region under the supervision of the first lady Janet Museveni who is also the Minister in Charge of Karamoja, the Karamojong’s agony is nearing an end. A new three kilometer long valley dam- the biggest in the country has been constructed at Arechek in Napak district to provide clean water to thousands of people. “ If it weren’t for the Minister in Charge of Karamoja Affairs, Janet Museveni, this project wouldn’t be here. Can you imagine it has taken less that two years to complete it yet the people of Karamoja have waited for a long time to get a valley dam here. This is because Mrs. Museveni has made everyone here accountable including our contractors. The people of Karamoja are very excited about the valley dam project and are looking forward to the benefits especially provision of water for human and animal consumption. We are now in position to have water throughout the year and this is going to boost agricultural sector in this region,” Joseph Lamongin ,Chief Administrative Officer, (CAO) of the newly created Napak district says. The multipurpose Arechek valley dam, which has been constructed at shs.6.2bn will provide 2.5M cubic centimeters of water. “This is value for money. We are now planning for irrigation. The valley dam will also provide water for the communities who are now agro-pastoralists. We shall treat the water for human consumption-something that has never been heard of in this region,” Lamongin stated. And the valley dam is not only set to transform the livelihood of the karamojong –it’s also fast becoming a tourists attraction. “ People who are coming to the region including foreign visitors pass-by to see this beautiful development. Many are mistaking it for a lake,” says one of the residents. Napak district with it’s new symbol of development is one of the seven districts that been carved out of from Moroto district in the Karamoja region. With an estimated population of 176,000 (Males: 87,300 (49.5%); Females: 89,200 (50.5%) Napak has 28 government aided Primary Schools and 11 Community Schools. There three secondary Schools, 1 Technical School –Nawaikorot and 40 Sedentary -Alternative Basic Education for Karamojong (ABEK) Centres (29 in Nawaikorot and 11 in Naitakwae Parishes of Ngoleriet Sub County). By 2010 , Napak had registered an enrollment of 17,651 primary school going pupils-,9,919 of them boys and 7,732 girls. Kangole Senior Secondary School there are 775 students and Andrew and St. Daniel Comboni SS with a student population of 190 and 585, respectively. But with all these achievements registered in Napak district’s education sector , there are challenges too. Lamongin says that while the district is registering an increased enrollment of pupils and students, there are still very few teachers. “ Many schools are also located in hard to reach areas due to a poor road network, lack of transport for monitoring, Supervision and inspection.” About the health facilities, the district has no government hospital but there is a Matany missionary hospital with a nursing school. This hospital is supplemented by 11 health Units. . General Health Indicators for Napak District are Infant mortality rate 105-1000 compared to the national average which is 76/1000,Under 5 mortality rate 174/1000 while national average is 137/1000;Maternal mortality rate 620/100,000 national is 435/100,000;Women in child bearing age 47.8% national48%. The life expectancy in Napak is still very low at 32 years compared to the national average which is now 50 years; the district fertility rate of 7.2 is high and above the national average of 6.2. At 57% of the population in Napak walk 5km to reach a health unit and the nurses per population ratio is at an alarming 1: 2,300 and doctors per population1:40,000. The immunization coverage in the district is 55%compared to the national average at 59%. The people of Karamoja are also changing their way of life from living a purely pastoral life style where they move from one place to another largely in search of pasture for their big herds of cattle to agro-pastoral and thus settling in communities. “ The are now adopting to farming and we have introduce new improved crops like cassava and matoke. Now you are beginning to see the Karamojong settling down in communities. And because of this, we now have 50 functional farmer groups per sub county supported by various development partners and the central government through the Naads and Peace Recovery Development Programme (PRDP) which being implemented in eastern, karamoja and northern regions. The district officials are also making efforts to extend clean water to the communities. At least 256 boreholes have been sunk with the water coverage now standing at 78%. Piped water is only found in Kangole urban center. The Matany water supply was constructed by the Ministry of Water and Environment complete with a Solar Systems but the scheme is non functional. “ The scheme has been revisited by the Ministry Engineers but with no feedback on when it will be rectified, the Cao says. There is also a mini water scheme in Iriiri constructed under ECHO project mainly to serve the health centre in the Trading Centre. The construction and maintenance of roads has been taken over by the Uganda National Roads Authority. The roads include Matany – Lokopo 16Km ,Lokopo – Turutuko – Apeitolim 60Km ,Lopeei – Turutuko 20Km,Kangole – Lotome 13Km,Iriiri – Apeitolim 30Km. “Our road network although not tarmacked its very motorable. It used to take 3 hours to drive from Napak to Iriir now it takes less than 45 minutes. Local revenue generation is still a problem in Napak just like many other local governments. Out of annual budget of shs.10bn only shs.125m is collected locally . “ We are just recovering from insecurity and the people are very poor. The central government should allow us to collect more taxes so that we deliver on the many demands from the people,” says the Cao. He was however happy to note that through Nusaf II and PRDP, the central government was supporting Alternative livelihood by training the community to engage in income generating activities like improved agricultural techniques to increase crop and animal production and household incomes. “ You know our people have not been business oriented but they are slowly changing their attitude to commerce. Very soon we shall be ok.” Lamongin said that the district was also promoting tourism in raise the much needed revenue for development. “Recently a skulls of human beings believed to be 20m years old have been discovered in Napak mountains, we have wildlife-ostriches ,the scenery, leopards among others. We are protecting all these tourists attractions and encouraging people to come and see the beauty of this place,” he says. Lamongin also said the district was rich in minerals and called upon mining companies to express interest in the virgin mineral fields in the area. The district’s development partners include, United Nations Development Programme (UNDP) which has offered shs.350m to construct an office block , UNICEF helping to eradicate malaria, world Health Organisation (WHO) helping with disease surveillance, Moroto Catholic Diocese, health facility, UNFPA focusing on reproductive health, equipment Support World Food Programme supporting Maternal and child and health care and ACF providing nutrition for malnourished children. The district started its operations on July 1st 2010. Napak district lies in the north eastern Uganda and comprises of one County Bokora; Seven Sub Counties of Iriiri, Lopeei, Lokopo, Lotome, Lorengecora, Matany and Ngoleriet; Two Town Boards of Kangole and Matany; and one Town Council of Lorengecora. Currently the District Offices are in Kangole. Led by the LCV Chairman , Mr Paul Lomonyang Joseph, Napak district council is made up of 19 councillors. Profiles: Mr. Joseph Lamongin, the Chief Administrative Officer, Napak, was born in Lomorimong village 40 years ago and he has been in public service since 1998. This article was first published in Government Review a monthly magazine that focus on national development issues The writer is a development communcations ,media consultant and advocate of High Court