Deprived of reforms, Uganda's 2016 Elections Means Nothing

ELECTORAL REFORMS

An opinion in the Saturday Monitor of May 30, 2015, “My bet is 80% of current MPs may not be returned” reinforced my confidence that the demand for electoral reforms in Uganda is a unanimous national consensus.

In that article, Mr. Bisiika recognizes that Uganda has an insensitive regime whose objectives are mutually exclusive of those espoused by the ordinary Ugandans. In my purview of things, Mr. Bisiika’s assessment of the regime is what this electoral reform is all about – restoring trust and confidence in our governance.

The reform agitation shows that people are placing value on our electoral processes as an alternative means of mediation for contentious ideas, and settling outstanding policy differences.

Many detractors who argue that Uganda is a stable country should think twice. A stable nation is not petrified of change. This fear of reforms by NRM shows that Uganda is not as stable, after all. What are the Mambas on the streets for? A stable and dynamic system should be naturally adaptable to change, since change is inevitable and time factored. However, we can amicably mediate change through national consensus such as electoral reforms.

The main reason the NRM regime fears reforms in electoral mechanism is that it is a beneficiary of that phony system. It is characteristic of regimes that are product of fraud to exude traits of duplicity and immodesty. It can only procure legitimacy by brute force.

If the demands for basic reforms such as free and fair elections threaten the stability of this country, then what about a demise of those leaders?

Uganda has suffered from deterioration of social trust because of this fraudulent contract. Stable nations are founded on strong social capital constructs where people have trust in public institutions, and value civic engagement. In Uganda, the seeds of distrust were sown through fraudulent electoral processes and enactment of repressive laws such as the Public Order Management Act. 

A flawed system allows for the retention of insensitive state agents and corrupted institutions, which in turn invalidates the electoral processes, making people distrustful of politicians, public institutions, and government.

It is important to emphasize that the urgency of electoral reforms supersedes that of 2016 or subsequent general elections. We must fix our electoral institution now!

If we continue to uphold a flawed system, we shall continue to depreciate in trust of government, and our government will feel no obligation to account to the masses since they can always steal to retain power and privileges.

Because of all these election stealing, Ugandans have become very distrustful and rightfully paranoid. In fact, distrust has become a form of social institution, which has deprived our society of the basic principle of reciprocity. In every home, the growing sizes of padlocks, the steel doors and windows or high wall enclaves demonstrate how people are paranoid. 

The widespread apathy towards corrupt government officials and institutions, such as hospitals, police services, local government services, all illustrate how people have become distrustful and apathetic to their own institutions.

Today, government transaction costs are extremely high. People are corrupt and are not remorseful about it because distrust has demolished mutually beneficial co-operation.

The same government exploits and benefits from this distrust or social predation mechanisms. Since everyone is simply distrustful of the other, people cannot effectively organize or build a cohesive and credible force to challenge the regime. People are distrustfully paranoid and distanced from each other and socialize only for purely selfish and individual interests.

Even cooperatives are no longer viable as it used to be in the past. Social clubs are exclusive and for show-offs, for the 1% wealthy. Therefore, the first step to restoring trust in our government and public institution is by fixing the institutions that conveys the people’s will and enforces accountable. This is why the current demand for electoral reforms is a national imperative.

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Are Ugandan men emasculated?

Reversing Gender Roles

A popular 1988 American-Vietnamese movie, “No retreat No Surrender 2” inspired many movie goers that however small and under resourced, one can overcome adversities. In fact, there was more to the name of the movie, which resonated with our patriarchal societal mores, than the movie content itself. In the typical African tradition, men did not retreat in front of adversity, neither did they renege on parental duties.

The numerous reports of men who are abandoning their spouses upon learning that the women have delivered triplets are surprising. The Ugandan dailies have recorded numerous instances, and yet, no concrete actions have been taken to protect these women and their triplets from neglect. The glaring lack of public policy, resources, and/or emergency response plan for such abandoned families complicates the situation.

What kind of men have we become? Are Ugandan men really that emasculated in the last 10 years?

Ugandans must come to terms with rapid trends in the world to embrace family planning. World over, women fertility trends have also changed due to fertility drugs, changes in the environment, and biochemical exposures. Not so long ago, men prided in having many children. Large families were a trademark of success and power. In fact, men rose to instant prominence due to a large family. Others took it as an investment. They took a large family to be a source of labour and when the children succeeded, they in turn, supported their parents, contributing to family development. These families were well established in rural communities where land was in plenty, even when children strayed in cities.

Today, societal structures are changing very rapidly. Rural to urban migration has increased at a terrible rate estimated at 49.5%. On its own, the rural population growth rate has increased from 6.7% in 1980 to approximately 14.8% by 2010. Moreover, the agglomeration index suggests that Uganda’s level of urbanization increased from 22.4% in 2002 to 29.3% in 2010. The urban population was growing at 5.1% higher than the national average of 3.2%.

The importance of the trends cited above is that many more people are detached from their rural roots where they could fall back during financial hardships in towns. Most of the people who migrate to urban areas are youths who have no skills to secure well-paying jobs, so they resort to petty and dangerous employment such as hawking, robbery and boda boda business. Moreover, some of these youths have had to sell of their land to buy bicycles or boda bodas; or lie about their struggles to their parents. So, when they should be returning their families to the village during hardships they jump ship.

Naturally, increased population density mounts pressure on social services; housing, healthcare, schools, employment etc. It is these harsh realities that have emasculated these men, forcing them to retreat in the face of adversity. With little money and no fall back in the villages, the males capitulate when basic responsibilities presses its demands.

When men retreat and leave women to fend for themselves and their innocent newborns, the government must intervene. It is the lack of such interventions for abandoned triplet mothers that tied Hawa Namaganda of Masajja Zone B, Sharifa Nakirija of Seeta, Mukono, Grace Nadango of Bulenga Village, Budumba Sub-County, Monica Nangiya of Mwezi village, Mayuge, Jane Kabugho of Kikonzo Cell of railway ward, Kasese, and Marriam Nassanga of Kavule-Nakyesa, in Kayunga, with the same sad knot.

The government has provided mandatory antenatal services for families. It is the same men who have absconded these services. It is important to compel men to accompany their pregnant wives to antenatal clinics so that they start to plan early for eventualities of multiple pregnancies.

The demise of a society becomes apparent when men renege from their duties or retreat into oblivion at the sight of adversity. In Uganda, social roles are changing. As men are retreating from their roles, more women are picking up and filling the vacuum effectively.

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POMA erodes our democratic credentials

REPEAL POMA

The images on social and mainstream media of Police brutally arresting Dr Kiiza Besigye, Lord Mayor, Erias Lukwago and jobless youths are more than what we should tolerate. In fact, draconian laws such as the Public Order Management Act, 2013 are stripping us of individual rights in pretext of protecting public interest. In fact, relinquishing individual rights erode our democratic credentials negatively and only reaffirms that Uganda is under a near totalitarian regime.

Various international human rights instruments – Charters and Declarations have recognized individual autonomy as foundational to basic inalienable rights such as to assemble, associate, worship. They allow global citizens the liberty to develop intellectual as well as ideological realms upon which to advance human civilization. These rights are inherent and not granted by the state; human liberties, are indeed, the very essence of humanity.

To curtail human liberties by law and brute force, constitute the act of enslavement but reaffirms that we are in a Police State. In the Social Contract, J. J. Rousseau bemoans the fact that man is born free but in chains. In Uganda, we are not even born free, we are born with chains; ripples of colonialism, imperialism, poverty, natural calamity, repression, servitude…. Laws like POMA, 2013 goes a step further by placing additional layers of chains on our people.

I am wondering why the many lawyers who have accomplished the gay rights defense have not considered challenging the POMA with all its illegalities. To the layman’s guts, POMA violates the 1995 Constitutional provisions in Chapter 20 because Police has become the custodian of our liberties. In essence, Uganda is a Police state where Police now dispenses and supervises citizen’s activities.

Political scientists have been contrite on the issue of repression and have argued that one of the signs of existence of repression in society is the diminishing space for exertion of individual rights. Cardinal Emannuel Wamala is right to call for the repeal of POMA because the Police has demonstrated the propensity of abusing it.

Any laws that place the God given rights of man to be held in custody of men, and for such liberties to be dispensed selectively and maliciously as it is under the State Police, inherently violates codes of international human rights. Uganda is signatory to many of these human right charters and declarations, but world over, I am certain that it is only in Uganda where the Inspectorate of the Police administers the individual exercise of rights.

Ugandans already live in total fear of authority – another accomplishment of totalitarian regimes. Each time you urge Ugandans to speak up; they will tell you that those on the ground fear to speak up against the regime. The ordinary Ugandan has grown to fear to seek accountability from local authorities over broken basic social services such as boreholes, potholes, black-outs and poor quality services from health centres. This confirms that people have become detached and fearful of their government. This pervasive state of apathy towards authority emasculates the population and compromises the exercise of their powers as enshrined in chapter 1, Art. 1 of the Constitution. Power no longer belongs to the people.

How can power belong to the people when they have become afraid of that power, and are unable to use that power?

It is important for Ugandans to reclaim their power by first realizing that the protection of individual rights is the basis of exercise of power as enshrined in the Constitution. Further, although the protection of majority interests supersedes individual interest, the respect for human rights is not negotiable.

Further, it is important to pay individual police officers who violate human rights with an appropriate due in the court of law. Police has over stepped its boundaries and have become a public nuisance in the course of applying excessive force on perceived political opponents of the regime.

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Distortions on Amuru Game Reserves:Genesis of land grab

 AMURU LAND-GRAB

Many people have identified some distortions by Prof Morris Ogenga-Latigo on Amuru Game Reserves that may have profound implications on current Apaa land situationif not corrected. In his article that was published in the Observer newspaper of April 29, 2015, the Prof asserted that "…when Aswa-Lolim-Kilak controlled hunting areas in Acholi were de-gazetted in 1973, East Madi Game Reserve was not". (Re: Naked Acholi Mothers: Land or leadership gap?”). In fact, my research shows that this statement is inaccurate and insensitive to the tragic history of the People of Amuru.

This article intends to generate debate on whether the village of Apaa in the original position of things, belonged to Madi district; and whether Acholi settlers strayed and settled into Apaa by mistake after 1972 de-gazetting of these game reserves as claimed by Prof. Ogenga-Latigo.

Indeed, the history of the people of Amuru, their settlement patterns, and current land challenges are complex and intertwined with colonial injustices including forceful evictions, development of Game Parks, preserving Game Reserves, Disease (sleeping sickness), and now oil and land fertility.

To fully understand the timelines and the onset of turbulent history Amuru, one has to start from the turn of the century under colonial rule and Lamogi rebellion of 1911.

Precisely, the current land problems of Amuru can be traced back to 1911 when the British Colonial administration forcefully evicted residents of Amuru from their customary lands into squalid internment in Gulu at the end of the Lamogi rebellion. Researcher, Eria Serwajje revealed that the most affected clans in this displacement were people of Parabongo, Toro, Boro, Pagak, Pabbo and Lamogi.

The British claimed that the area was infested with Tse tse flies and small pox; administratively, the challenge of the Lamogi rebellion made it necessary to gather "insurgents" in close proximity for easy administration than when interspersed in large areas; and historians have viewed that displacement as part of divide and rule, given the challenges faced with Lamogi rebellion in 1911 (In Serwajje, 2012 and others).

It must be noted that the displacement and subsequent internment of the people of Amuru in Gulu town lasted for 25 years, from 1911 – 1936 (Serwajja, 2012). The evicted people were not allowed to return to Amuru in those 25 years and that partly explains why the Payira people are still spread everywhere in Gulu till this day and why the vast expanse of Amuru land remain uninhabited, or in the hands of few land owners (Read: Moses Odokonyero in "Rich and Poor in Acholi moving at different pace on land", DM, May 6, 2015).

During the 25 years of living in IDP camps, colonial administration converted the customary lands belonging to Lamogi, Boro, Parabongo, Pabbo and Pagak into game reserves with clear intentions not to allow those people back onto their lands.

According to a research by Eria Serwajje (2012), Murchision Falls National Park was established in 1936, the same year Gulu district was created. In the North of Lakang area, the British formed the East Madi Game Reserve, which covered the areas of Lakang, Kinene, the disputed Apaa, Anaka and Lamogi. All these were territories belonged to the Acholi people who were evicted in 1911. The reason that evictees were relocated to Gulu and camped at present day Bar Pece area was because they were Acholi, not Madi. Otherwise, the resident of Apaa would have been relocated to Adjumani. In fact, this same method of land usurpation was tried again by the NRM government when it proposed that IDPs be developed into urban centres so as to free Acholi customary lands where people were forcefully evicted from in 1996 by a decree from President Museveni.

The new game reserves were demarcated by the “galaya”(shinny metallic saurcers) that were hanged on trees to confirm the boundaries. Later, these boundaries became known as "Wang –galaya" in Acholi language, not in Madi.

The East Madi Game Reserve did not last because it later became known as Kilak Controlled Hunting Area in 1936, the same year of its founding, perhaps upon the visit by British PM, Winston Churchill (See: Eria Serwajja, 2012, p.14). So, it is clear that when people from Lakang and other areas were evicted, their lands were converted into conservation areas to promote sport hunting. Hunting permits where exclusive to foreigners. This means that the indigenous people were denied access and hunting rights on their lands. This policy later ignited the onset of poaching by residents of Amuru because game hunting was their reliable source of food.

History shows that first known legal consolidation of Amuru lands into game reserves was exacted through an ordinance called The Game (Preservation and Control) Ordinance No. 14 of 1959. This ordinance gazetted 15kms of migratory corridor for elephants, which later became known as Aswa/Lolim Game Reserve and separated from Kilak Controlled Hunting Area (Formerly East Madi). Therefore, it is accurate to state that East Madi Wildlife Conservation idea ceased to exist in 1936, at least on paper, and it had no legal basis before independence in 1962. (Refer also to Dr. Michael Amone Liri's "To the best of my knowledge, East Madi Game Reserve doesnt exist", DM 13/09/2011.)  

At the advent of independence, the Obote I government reinforced these colonial policies and in 1963, The Game (Preservation and Control) Act, which contained the Game (Kilak Hunting area) Order was enacted by The Uganda Game Department. The Order contained Legal Notice (L. N.) 364 of 1963, thereafter amended by Statutory Instrument (S.I.) 17 of 1964. These laws effectively gazetted Kilak Controlled Hunting Area.

These Ordinances further alienated and dispersed the Amuru people who were slowly returning to their lands from internment.

Idi Amin came with a rather radical land reforms in 1971, some of it appeared friendly, but above all, Amin was of the view that land belonged to government – to everyone else. However, on March 30^th, 1972 Amin’s Minister for Animal Resources, Hon. W.B Banage issued The Game (Preservation and Control) Abolition of Game Reserves Instrument, 1972 No. 54 which abolished the Katagati game Reserve and Aswa/ Lolim Game Reserves.

A separate Statutory Instrument 1972 No.55 was also issued in the same year, and it decreed that “The Game (Kilak Hunting Area) order is hereby revoked”. (I have copies of both)

It is therefore dishonest of Prof Ogenga- Latigo to state that “when Aswa-Lolim-Kilak controlled hunting areas in Acholi were de-gazetted in 1973, East Madi Game Reserve was not”. Note that there was no de-gazetting ordinace issued in 1973 as Dr. Ogenga-Latigo claimed. Given that the Professor was in Parliament for at least two complete terms, he should have acquainted himself with the existence of Amin’s decrees to avoid this embarrassing misspeaking, however deliberate!

A good reading about these developments can be found in the works of Eria Serwajje that I have cited extensively. This is a paper presented at an International Conference on Global Land Grabbing II, at Cornell University, NY, in 2012.

The resurgence of the East Madi Game Reserve was actually easy to trace. I have the Statutory Instrument dated 20^thSeptember, 2011 and signed by Prof Ephraim Kamuntu, the then Minister of Tourism, Wildlife and Antiquities. When I did further studies, I confirmed that the pressure being mounted on the people of Amuru is indeed arising from an Investor.

My research shows that an Investor called Bruce Martin who owned Lake Albert Safaris/Lodge (Royal Uganda Outfitters; Lost Horizon Outfitters), was awarded the entire "East Madi Wildlife Reserve" since 2010. In the Hunting Report newsletter, The Reserve was described as “900 square-kilometers of unspoiled bush along the Nile River”, and that “there are no villagers on this land”. These revelations are contained in a paid Online Hunting Report Newsletter that can be accessed via google search or url: http://www.huntingreport.com/hunting_article_details.cfm?id=2378.(Note to the Editor: Is this 900 Square-Kilometer acquisition along the Nile possible, or should we open our ours even wider for what lays ahead?)

In conclusion, I have brought out some challenging perspectives and this are documented facts that are easy to verify since I have hard copies in my hands. It is incumbent upon you – Amuru, Adjumani and other stakeholders to now determine how to use this information to resolve the boundary issues amicably. It is clear that Prof Ogenga- Latigo and government are partial, and are interested parties in Amuru's land. It is only fair if Prof. Ogenga-Latigo were to exclude himself from future indulgences on the matter of Amuru and Acholi, as such. The truth be said, let us not subvert the peace that has returned to Northern Uganda by distortions. Let us also be mindful of the many Judas Iscariots who will go extra miles to sell the soul of the vulnerable post conflict Acholi without remorse. I am convinced that a proper appraisal of the matter of Apaa and future local government boundary disputes should be resolved amicably, and in a transparent manner by reverting to original colonial maps. The history of the people of Amuru has been that of distortions and displacement. The recent LRA/NRA war further alienated them from their land. We must therefore be just to locate the rightful boundaries of Amuru by going as far back in time as we can, else we shall be enforcing and perpetuating colonial injustices to these battered people.

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