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Bujagali Power Project to be Completed in 2011

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As the Bujagali power project works towards completion by the year 2011, government is setting up projects to ease transmission.

Under the Bujagali interconnection project worth 114 billion shillings, 220KV transmission lines are to be set up between Bujagali and Kawanda to evacuate power from the power plant to the national power grid.

Currently there is still public cry over the inconsistent power supply that has increased the cost of production for both local and international companies.

Kampala alone consumes approximately 60 % of the total power produced and any mishap affects the city greatly.

With the construction of transmission lines between Kawanda and Bujahgali it is hoped that this loss will be short lived. The Kawanda- Bujagali transmission project estimated at 114 billion shillings is being constructed to aid in transporting the generated power from Bujagali plant in Jinja to Kawanda.

At Kawanda the power that will be at 220KV is too high for consumption and will be stepped down for the distribution companies to absorb and sell out as per their clients’ requirements. The transmission lines which pass through Mabira forest, will cover 71 km from Bujagali to Kawanda.

It says that out of the 2600 households that occupy the areas where the transmission lines will pass only 260 have refused the offer they have been given by claiming that it is way below the market value of their property.

The target is to have the transmission lines ready by the year 2010 when the Bujagali power plant is expected to be complete.

Uganda Could do more in Human Rights Observance

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One of the goals of the National Resistance Movement Government when it came to power in 1986 was to promote the Rule of law and respect for human rights. Gerald Businge interviewed Livingstone Sewanyana, the Executive Director of the Foundation for Human Rights Initiative (FHRI), a leading independent Human Rights organization on Uganda’s achievements on the human rights front and the way forward. Below are excerpts:

Qn. Why are human rights important?
Human Rights are the bedrock of any democracy. Human rights are about respect for the dignity of the person, realization of his or her potential and creating an enabling environment for him or her to participate in the conduct of public affairs. When human rights are respected, there is peace and stability, economic prosperity and better cooperation amongst people and nations.

Qn: How would you describe the human rights situation in Uganda today?
Uganda’s human rights record is still average. There has been some improvement in human rights over the years, but significant challenges remain. Democratic institutions like Parliament and the Judiciary are functional. Constitutional bodies such as the Uganda Human Rights Commission, the Inspectorate of Government and the Amnesty Commission among others are in place. There are civil society organizations involved in a range of socio-political activities that promote human rights. The media functions although they face legal –political constraints. The political opposition is restored and there is relative peace in Northern Uganda. All these show some improvements in the human rights situation in Uganda.

But the situation of human rights would be better if the opposition freely interacts with the population, if the media regime is free from institutional and legal constraints; if infrastructure like roads and health centers are in proper working condition and peace in Northern Uganda is fully realized with a Peace Accord in place. Other considerations to improve human rights include: reduction of poverty amongst the rural and urban poor, improved performance of Law and Order agencies like the police, prisons and security bodies, eradication of corruption in the body politic and ensuring judicial independence to improve administration of justice in the country.

Qn. What would you say are the achievements of the National Resistance Movement Government in terms of human rights?
The adoption of the NRM 10-point program that emphasized democracy, rule of law and respect for human rights was a good start. Then the NRM Government restored law and order in the Country having come to power against a backdrop of Uganda being more or less a failed state in 1986. The NRM government has also established a macro-economic policy framework that has allowed financial re-engineering of the economy. The promulgation of the 1995 Constitution and its various human rights guarantees, as well as the restoration of state institutions like Parliament, the Judiciary and local government, multi-party political system and cultural institutions, are noteworthy achievements of the NRM.

The other key achievement has been the recognition of Uganda as a key actor in world affairs. Uganda is now Chair of the Commonwealth, has a seat on the UN Security Council, is leading the African Union peace keeping mission in Somalia and active in the East African Community and other regional blocks like COMESA and IGAD among others.

We must also commend the NRM government for putting in place a legislative and policy framework for human rights friendly legislation. Parliament has for example enacted the Ratification of Treaties Act 1998 to ensure Uganda domesticates international human rights standards; the Prisons Act 2006 for Prison Reform, Community Service Act 2000, Access to Information Act 2004 to improve transparency and the Amnesty Act 2000 which is important in peace building.

Qn. What in your view are the challenges or gaps in regard to human rights that need to be fixed?
As NRM celebrates 23years in power, there is a strong need to revisit the 10-point programme in as far as promoting values of tolerance, peace, respect for human rights are concerned. We need better enforcement of Constitutional guarantees. Law, Justice and Order agencies including the Police, Prisons need to be financed adequately and Courts guaranteed more independence. Enforcement of court decisions, awards of Uganda Human Rights Commission and mutual respect among and within institutions of government is essential.

The performance of Law and Order institutions needs improvement. They need to adopt more positive approaches to dealing with conflict, crime and disputes. Use of excessive force in dealing with dissent and application of extra-judicial measures should be a thing of the past.

Qn. If you are to advise the NRM government on human rights, what would you tell them to do?
I would advise the NRM government to create a more conducive environment for the political opposition and civil society to effectively check the government through removing legal, political and financial barriers. I would also advise the NRM to undertake serious measures to eradicate poverty as one way of promoting civic participation. This should include ensuring better employment of the youth and reasonable interest rates for entrepreneurs.

Media freedom should be upheld. Uganda has been hailed for liberalizing the media and needs to strengthen its efforts in that direction so that the media is in position to expose social vices, policy gaps and failures without fear or favour. The government also needs to demonstrate that it can deliver social services; repair the road network, improve health centers and stock them with necessary drugs and staff and improve remuneration for civil servants especially health workers and teachers.

I also advise the government to re-visit legislation that is inconsistent with human rights principles, not withstanding the good intentions of such laws. I’m talking about laws like the Anti Terrorism Act 2002, the Police Act 1994 among others. The Government should also review planned legislation like the Regulation of Interception Communication Bill 2007, the Land Amendment Bill 2007, which need more consultations before they are passed.

The government also needs to end the 23-year conflict in Northern Uganda for good. Measures are needed to ensure full resettlement of people, presence of adequate Law and Order institutions and sufficient investment to re-engineer economic activity in the region.

Government also needs to improve the Prison conditions through implementing the Prisons Act 2006; and address the growing cancer of corruption which is eroding public confidence in the state.

We also need more human rights friendly legislation and implementation of such legislation. For example enactment of the Anti Torture law to check practices of torture; enact a law on domestic violence and family relations, a law to stop child trafficking, child abuse, child labour and child sacrifice and take steps to abolish the death penalty.

I wouldn’t also forget to tell the government to be more responsive to divergent views in order to promote more participatory governance.

Qn. How has the Foundation for Human Rights Initiative helped in the promotion of human rights in Uganda?
Over the last 17 years, through our programs, we have created awareness and understanding of human rights values including individual and State obligations within our society. We have supported the Justice Law and Order sector in the area of legal reform and capacity building. Through our research and documentation, we have developed alternative policy ideas for the benefit of law makers and the State; helped to check abuses by state agencies through exposure of violations. We have promoted dialogue between Uganda and the international Human Rights Treaty system. We have kept the State informed of issues that deserve attention and action to improve its performance. We have also re-engineered the debate and current thinking on issues of democracy, peace, conflict management; and added on existing knowledge through our research and publications.

Qn. Any final words to the government?
The Government of Uganda needs to ensure that its policies, programs and actions are people centered, corruption free and social service driven. Promoting dialogue, individual and collective dignity and ensuring peace for all should be an overriding objective of the government. Finally ensure free and fair elections for Ugandans in 2011.

How Olara Otunnu Frustrated Tito Okello, Opened Way for NRA victory

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Olara Otinnu

Dear editor thanks for good work I just want say some few words regarding Maruru. This double-faced man came to Arua with the late Brig. Gad Wilson Toko. The man looked very nervous even he could not smile in the meeting place.

No wonder this man was doing Museveni’s work. Even some of us wondered why General Tito Okello Lutwa had given him such job as he was from Western Uganda. We discussed it but Lutwa had wanted to bring the blood birth in the country which he paid the price.

You can remember when Toko was removed from the Nairobi peace talks of 1985. Toko had known all the tricks. He was very tough on M7, even he went to slap M7 for insisting on the useless issues.

Secondly, the fall of the Lutwa government should be attributed to the then Foreign Minister Olara Otunnu who was not happy with people from West Nile. These people even used to refuse to supply our UNLA soldiers with arms at Katonga bridge which made our boys to withdraw. It was not the defeat at all I can assure all Ugandans.

My brother was at the front line by that time. He told me all the details. He told me that they had defeated these NRA but the confusion was from Olara Otunnu which Toko himself told us in London when he was the treasurer of the West Nile Welfare Association in London. These are facts.

As today Ugandans are paying the price, Olara Otunnu should be responsible. Toko told us that Olara Otunnu thought that we wanted to bring Amin back to power which was not in our mind we just wanted to stop the madness in our beloved country only.

Aluma UK

Comment by Radio Katwe Management:- We have had to edit Aluma’s message because it was not clear. When you are writing such important Ugandan history, Aluma and others, we request that you please take time and explain things well because many Ugandans who read Radio Katwe today were small children at that time and cannot understand this history.

For those who don’t know, Olara Otunnu was the young man who was chosen by the Military Council of General Tito Okello to become Uganda’s foreign minister after the Obote II government was overthrown in 1985. Olara Otunnu is also a cousin of the late Tito Okello.

When Tito Okello overthrew Obote, he brought back many former Uganda Army soldiers who had served under Idi Amin and who after the 1979 Liberation war had fled to Sudan and Zaire.

These are the men who came to Kampala under Major Amin Onzi and others and we used to call them the “Anyanya” but there were also some Sudanese supporting Okello’s coup.

It is also important to know that the fact that Tito Okello an Acholi could bring back Amin’s men to work alongside him shows that maybe he knew that all along Amin’s army was not so murderous as we were told. We leave history to judge this matter.

Then the story of Brig. Toko slapping Museveni is true. Actually what happened was that during the peace talks, Museveni was behaving the way General Laurent Nkunda is behaving now in Congo whereby you agree to go for peace talks as a way of consolidating your military position and getting reinforcements.

Once you have reinforced, you come out and claim that the side you are negotiating with has violated the peace terms and so you are going back to fighting. President Joseph Kabila of the DRC it seems is too inexperienced to understand the way Museveni and his stooges like Nkunda and Kagame behave during peace talks.

This tactic was also used to weaken and eventually topple President Juvenal Habyarimana’s government. Apparently, Museveni taught his boys, because that is how the RPF to become strong and eventually to take power in Kigali.

But back to Toko, he stood up at one point during the talks and walked over to where Museveni was seated and slapped him badly, shouting ?Museveni, why are you fighting your wars in Uganda when you are not even a Ugandan?

Security had to rush in and cool Toko down. President Daniel arap Moi who was presiding over the talks ordered the media?s cameras to be taken and the film of Toko slapping Museveni to be destroyed. There was a media blackout on the incident and the NRA negotiating team demanded that Toko should be removed from the Tito Okello negotiating side as a condition to remain in the talks.

That is how Toko who was from West Nile and the Vice Chairman of the Military Council left the Nairobi peace talks and when Museveni took power, Toko refused to step in Uganda for many years.

Museveni used another man with West Nile blood, Col. Kahinda Otafiire, to try and convince Toko to return, which he did in 1993. When Museveni said at Kololo airstrip in 1993 Independence Day that Ugandans should never allow to hand power to swine, Toko was seated in the VIP stand behind Museveni and sources in Arua tell us that Museveni was aiming the statement at Brig. Toko.

When you see the Acholi fighting Museveni for many years and you see Joseph Kony persisting, it is because of this bitterness which Aluma is telling us about.

The UNLA had defeated Museveni militarily and up to now it hurts Museveni to admit that. The NRA took power in 1986 not because it was strong but because there was misunderstanding within the Military Council and within the UNLA at the time.

It is like how Sheffield United can take advantage of a defensive error within Arsenal and end up scoring a surprise goal although Arsenal is normally the stronger team.

You can see that Museveni has failed to defeat Kony. The Acholi had power in their hands in 1985 and they could have held it for a long time because they are very serious soldiers and brave. But it was defensive errors which cost them power.

That is also why Museveni maintains a huge PGB to guard him. He is still disturbed by the fact that he came to power through a defensive error by the Okello junta, not because his boys with their big hips were great commanders.

He also gained the civilian support and international media support by fighting a cynical war in Luwero whereby Museveni used the NRA to massacre civilians, blame the UNLA, and turn civilians against Obote.

This is how we should understand the Maruru story and Aluma’s letter responding to it.

Human rights violation high in northern Uganda

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Northern Uganda continues to experience inhuman conditions with high level of human rights violation a report has noted. Foundation of Human Rights Initiative has just released a report indicating intense violation of human rights in the war tone area and in Kampala.

Torture, lack of basic facilities, land wrangles and delays in the peace talks are some of the salient issues in the report. The report for the period July to December 2006 highlights continued violation of human rights in the region including Teso and Karamoja sub regions.

The report is titled Northern Uganda, Peace at last.’ It questions why the peace talks are dragging .and whether there will ever be bona fide peace in the region. It further points out inadequate law enforcement institutions, a factor that has greatly contributed towards the violation of human rights in the region.

Foundation for Human Rights director Livingstone Ssewanyana regrets the situation and calls for an immediate intervention into the justice, law and order sector. The report says the humanitarian condition particularly in IDP camps remains dire while the decongestion exercise was conducted in appropriately.

It says the new decongested camps are only a creation of second homes. On the land issue the report highlights a possible break out of conflict as people are not well informed about land ownership.

Also prominent in the report is the delay in the peace talks. The report claims that the talks may not yield positive results as was the case in the past talks. It recommends involvement of other stakeholders like the church, political parties and the local populace.

Other issues highlighted in the report include violation of media freedom and prisoner’s freedom as well as failure to adequately address the plight of children in conflict affected areas. Torture also remains prominent allegedly perpetrated by both the LRA and the UPDF.

Press freedom in Uganda: Myth or reality?

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Kenyan authorities early December arrested and detained a number of journalists who protested against a new regulation seen by many as an infringement on media freedoms. The incident in Kenya gives us an opportunity to make a fresh assessment of the media freedoms in Uganda. The debate on media freedoms in Uganda, like elsewhere in Africa particularly after the end of the cold war, is an ongoing one; and it comes a long way.


Due to the vibrancy of the mass media since 1986, press freedom in Uganda is now viewed as a function of human rights in the democratisation process and good governance.

The debate is therefore on the challenge to reconcile the media’s original role as the vehicle of civic awareness and the realisation that partisan political interests tend to take the media as the third force in political contestations.

How did we reach here? Between 1986 and 2006 (non-partisan Movement era), the media found duty in articulating and representing popular views and interests. In the absence of organised political groups, the media’s articulation of popular interests was viewed by the political elites as a function of politics. However, the political elite could only be tolerant to the media in so far as there was no organised political contest at the time. That is how what Charles Onyango-Obbo calls the Political Commentariat evolved as a force in the media and Uganda’s body politik.

Needless to say, people like Charles Onyango-Obbo, Andrew Mwenda, Onapito Ekomoloit, Peter Mwesige, Kyazze Simwogerere, Robert Kabushenga and many others made their careers by making passionate commentaries on popular interests.

As night follows day, things would have to change when competitive political contests came up. Any articulation of popular interests is now viewed as an aid to the political opposition. When competitive political contests resurfaced in 1996, the media had generated a lot of public interest in public affairs. The media therefore found itself in the unseemly position of being viewed as partisan player. Any attempt to remind them that their role is that of a spectator (and not active player) is viewed by many as encroaching on media freedoms. That is the gist of the debate on whether there is press freedom in Uganda or not.

So, is there press freedom in Uganda? With the political players viewing the media as a third force, albeit without the encumbrances that come with being in the ring of political contestations, the state has sought to moderate the media’s attitude. This has been viewed by many observers as a roll back of the early gains of the Museveni regime.

Without any conspicuous ideological differences, political groups are now merely involved in rhetoric oratory whose pay load is only of psychological value. This scenario has rendered the media as ‘the ring’ in which political contests are fought. Media reports of party members defecting to another party today and vice versa tomorrow are a testimony to of this scenario.

So, given that the political players recognise the media’s capacity to influence political processes, is press freedom in Uganda an illusory myth or an ipso facto?

For fear of being detained by hypothetical interrogation; I think we should start from the beginning. The relative press freedom in Uganda is the result of the experience and spirit of the armed rebel movement that mothered the political leadership in power to day.

During the armed struggle, the rebel movement pursued what they called a policy of ‘open criticism and open debate’ as a tool to resolve disagreements. It is this openness they brought to government when they assumed state power in 1986. This formed the basis for a deliberate government attitude to run an open administration.

Needless to say, this posture was the basis for the liberalisation of the electronic media and the resurgent influence of the print media on social and political behaviour.

So, my very personal assessment is that there is enough press freedom to cause change of attitudes; political or otherwise. The problem however lies in the structure of the body politic.

Other than centres of political leadership, there are no other centres of influence in Uganda. And with the introduction of partisan politics, any other leadership centre is required to appreciate the supremacy of political leadership. This has led to the politicisation of all aspects of national life; even objective policy issues are now clouded in partisan political interests. The media is just trapped in this quagmire of Uganda’s body politic.

Discussion Points

With the liberalisation of the media, the control and dissemination of information is no longer the exclusive preserve of the state. This has rendered the state as merely ‘just first among equals’ in the field. However, in spite of this status quo where the state is a mere player, information as a constituent tool for rallying the nation for policy absorption remains the responsibility of the state.

The interests of the private media are clearly very different from those of the state. And the state’s attempt to bring her influence to bear on private players is sometimes the object of friction between the media and state. And of course the media cries foul and claim abuse of human rights.

Whereas the government’s posture of toleration for free media feeds into universal charters on press freedom and human rights, we should recognise government’s deliberate policy on press freedom. Indeed there are states in the region that compare poorly with Uganda’s score on press freedom notwithstanding the adoption of those universal charters and constitutional provisions.

Yet we must recognise the fact that the political elite are increasingly becoming jittery over an assertive media. Sometimes this jitteriness leads to a hurried hand in responding to the media’s actions or a deliberate inaction on media related policies.

Perhaps the most significant aspect of the debate on whether there is press freedom in Uganda is the criminalisation of defamation.

Some observers have argued that compared to the regional index, Uganda scores high on press freedom. And whenever the government is accused of intolerance, the response is to refer to its earlier laurels for championing private media operations. This has bred a leisurely attitude to issues related to media policy.

So, given the above, the argument is whether the relative press freedom is because of the government or in spite of government’s actions. Who should take the laurels for the relative press freedoms: the bold media players or the state’s deliberate action?

Either way one looks at it, you still faces the challenge to explain the proliferation of the media-related business since 1993. Somehow, one has to take recognition of the media vibrancy as a result of government’s deliberate policy on liberalisation of the media industry. No need to go into figures here yet.

Uganda Exercises Option Two on the LRA

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The government of Uganda threw caution to the wind on Sunday and attacked bases of the Lords Resistance Army in Garamba forest of the Democratic Republic of Congo in an effort to deal a final blow to the LRA rebels.

While some sections of the country have criticized the government for the military action against the rebels who are engaged in a peace process with the government, the army has defended the attack of rebel bases as an unavoidable step in bringing the LRA that has fought President Museveni’s government sine 1986 to end fighting.

President Museveni’s government has been at war and trying peace talks with the LRA for more than two decades to end a war that displaced million of people in northern Uganda into displaced people’s camps; and saw many people killed, maimed and abducted into armed rebellion by the LRA.

The latest peace efforts led by the Southern Sudan government begun in 2006 and seemed almost successful after the two sides agreed on all the five points of the peace talks agenda and a draft comprehensive peace agreement.

The LRA leader, Joseph Kony was supposed to sign the government on 10th April 2008 but he failed to turn up. The LRA leader on another two occasions kept mediators, diplomats as well as religious and cultural leaders waiting for him to turn up and sign the peace agreement in vain. The latest which had been dubbed the “last chance” was November 29th, but the elusive LRA leader did not turn up still.

Kony instead ordered his chief mediator, David Nyekorach Matsanga to make fresh demands of face to face talks with President Museveni as well as mandatory lifting of the indictments by the International Criminal Court against top LRA leaders. While the government side insisted that the LRA sign the agreement before the government approaches the ICC to rescind the warrants, the LRA have insisted that the indictments be lifted before the LRA leader can sign the comprehensive peace agreement.

Although Museveni last week assured the chief Mediator, Southern Sudan Vice President Dr. Reik Machar and LRA spokesman Matsanaga who met him in Kampala that he would personally discuss with Kony, the government has instead quickly engaged what they always referred to as “option two”- a joint military offensive on the LRA by regional governments including Uganda, Southern Sudan and the DRC.

Although the LRA is fighting to remove the government of Uganda, he has been active in Sudan and DRC, being accused of killing, looting and abducting in both countries. The rebels are even reported to be active in the Central African Republic, which has made them a big threat to regional peace and stability.

Uganda Army spokesman, Maj. Paddy Akunda says the joint attacks against LRA bases took place “successfully” although he did not elaborate with details. There are rumours doing rounds in Kampala that LRA leader Joseph Kony might have been killed in the raids. Maj. Ankunda says the military attacks against LRA bases in DRC and Southern Sudan will continue under the joint military offensive by Uganda, DRC and Southern Sudan armies. Matsanga says in an interview that he is yet to confirm from Kony or the LRA high command whether the military attacks took place and the extent and damage by the military attacks. He says the LRA are displeased by the return to war when they are negotiating for a peaceful end to the war.

Maj. Ankunda says all three countries have agreed and are willing to go on with the joint military operation against the LRA, a group he says has not only failed to sign the peace agreement agreed on more than a year ago, but also has continued to arm, kill and abduct people, including women and children.

But Matsanga says the Southern Sudan Vice President Machar assured him yesterday that Sudan was not part of the military action as they were still pursuing a peaceful end to the conflict. This might lend credence to sources who say that the attacks were carried out by the Uganda army which only had the permission and cooperation of Sudan and the DRC.

Matsanga says although the LRA leaders have failed on different occasions to sign the peace agreement, there is need for more time for peace process.

The Lords Resistance Army rebels on Monday strongly protested to the UN and Southern Sudan government about the military attacks. Matsanga says the attacks on the LRA are unfortunate and a bad precedent that might lead to the collapse of the peace process that was nearing “a positive end”. He says the LRA has protested the reported attacks to the UN Representative to the Juba Peace process, Joachim Chissano and the Chief Mediator, Southern Sudan Vice President, Dr. Reik Machar.

Meanwhile, the State Minister for Defense, Ruth Nankabirwa has defended the military attack saying that in addition to failing to sign the peace agreement, the LRA had abandoned the agreed on assembly points in Ri-Kwangaba and Owinyi Kibul.

A tough talking Nankabirwa said the governments in the region were also concerned that the LRA is continuing to arm and abduct people into rebellion. Nankabirwa says after waiting for Kony to sign peace deal in vain, the three governments could not watch on as the LRA continued to abuse the 29months ceasefire signed under the Juba peace process.

She says Kony and his men were warned on several occasions of an impending attack if they did not sign the peace agreement. But leaders from northern Uganda today criticized the government for the military offensive.

Chua County MP, Livingstone Okello Okello says the military onslaught on the LRA will only kill women and children who were abducted by the LRA and cause more suffering to people in Uganda as war resumes.

Gulu LC5 Chairman, Nobert Mao in an interview today criticized the government for the military attack, saying it was a betrayal of the peace talks. He says the major concern is that the government which for 20 years failed to militarily end the war has not given any assurance that they will defeat the LRA militarily this time round.

“People have stared leaving the camps going back to their villages because of the current peace efforts. Resuming military attacks means that people will once again be brought back to the camps since there is no guarantee that the government can defend the population against the LRA rebels,” Mao says.

The leading opposition party, Forum for Democratic Change also castigated government over sending the Uganda People’s Defense Forces to attack the LRA. FDC spokesman, Wafula Oguttu says that it was wrong for the government to send out the UPDF to attack the rebels outside Uganda without approval from Parliament.

Oguttu says that President Museveni has failed as a leader to respect the Uganda Constitution, which is one of the important tools for democracy in a country. Oguttu says government needs to continue pursuing peaceful means through the ongoing peace talks.

But former Presidential candidate Agrey Awori supported the military onslaught on the rebels, saying the government is right to engage military means to defeat Kony since the LRA leader has not shown seriousness in signing the peace agreement.

He however says the three governments of Uganda, DRC and Southern Sudan should ensure Kony’s LRA are defeated once and for all. That seems top be the issue for both sides who support and oppose military means.

Few people if any believe that the LRA will sign and honour a peace agreement, just as few people believe the Uganda army will militarily deal a decisive blow to the LRA and bring about lasting peace in Uganda.

Museveni gets his way on Land Amendments

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After saving two of his senior ministers from an imminent censure by Parliament, President Yoweri Museveni is expected this month to register another victory over his opponents by getting the controversial Land Amendment Bill 2007 passed into law.

Finance Minister, Dr. Ezra Suruma and Security Minister Amama Mbabazi seemed to be headed for the political graveyard over their role in the NSSF-Temangalo land saga with public opinion and most MPs baying for the ministers’ censure. But President Museveni pulled out some of his political master cards to rally and silence the critical MPs who ended up voting that the two ministers had no case to answer.

Like the NSSF- Temangalo land saga, the controversial Land Amendment bill has been criticized by most sections of the public across the country. Many MPs have also previously said they will not support the Land Amendments if the concerns raised by several sections of the public are not addressed.

It emerged on Tuesday November 18th that the Land Amendment bill will be passed into law sooner than later, following the recommendation by the two parliamentary Committees handling the bill.

The Parliamentary committee on Physical Infrastructure and that of Legal and Parliamentary Affairs, which have been scrutinizing the Bill since February 2008 presented their report to parliament recommending that the bill be passed into law.

The plenary sitting on Tuesday November 18th debated the committee recommendations on the Land Amendment Bill on its second reading in the August House.

It was clear that the Museveni who has been the chief campaigner for the land amendments had done his homework well, as the parliamentary debates were almost exclusively those supporting the proposed land amendments.

The joint committee like the President argued, concluded that the Land Amendments are necessary to stop the rampant evictions and to handle the legal gaps in the land law, especially the duality of ownership on mailo land. This is despite widespread concerns that more consultations needed to be made before the bill is considered by Parliament.

There are reports that most MPs on the two committees have been acting under pressure and persuasion from the President and State House officials to ensure the land amendment bill is passed as the government wants it.

The MPs on the two committees recommended that as a matter of urgency, the Bill should be passed and consultations, if necessary, could be done later.

The MPs report supported the Cabinet proposal that a tenant can only be evicted from land registered land (mailo, freehold or lease title) for non-payment of the annual nominal ground rent commonly referred to as Busuulu. Many landlords led by Buganda kingdom (the largest Mailo land holder in Uganda) and the Catholic Church (the second leading mailo land owner) have been incensed by this provision arguing that there are other reasons for which a landlord can evict a tenant.

The Archbishop of Kampala Archdiocese, Dr. Cyprian Kizito Lwanga argues that it would be wrong to say that a landlord should not evict a tenant who is undertaking activities that are unacceptable to the landlord. For example, Archbishop Lwanga says the church should be able to evict people who sell alcohol or undertake immoral activities like prostitution, witchcraft etc on the Church’s land.

The Kingdom of Buganda has insisted that the requirement that a tenant be evicted only for failure to pay ground rent automatically takes away the landlord’s rights of ownership since he landlord can not decide to undertake any economic activities on the land which has tenant, sell or lease such land.

Buganda’s Spokesperson, Peter Mayiga says this amendment is against the constitutional guarantees of the right to own private property. This is the same view presented by the Uganda Law Society and the Uganda Human Rights Commission.

Mayiga says Buganda Kingdom is ready to go to Courts of law to challenge the amendments if they are adopted by Parliament. He says the current land law is adequate to stop the rampant land evictions, adding that the new amendments will only polarize the tenants and landlords further.

The Uganda Bankers Association had disagreed with the bill’s provision on eviction of tenants saying it made it difficult for Land Title’s to stand as security for bank loans and mortgages. Banks complained that the amendments would complicate matters for financial institutions on what they should do to clients who gave land titles of land with tenants, and whether banks should require borrowers with land titles to seek permission from tenants before borrowing money using the land title in question.

It is this situation that the landlords view as taking away what used to be their absolute powers in land since they are the title holders (owners). But the government says many of the so called tenants were the original land owners, deprived of ownership by the 1900 Buganda agreement which gave mailo land titles of land occupied by many people to a few Buganda royals and colonial servants.

Although the government insists the Bill will help to better protect such bona fide occupants and lawful tenants from illegal evictions, critics led by Buganda Kingdom, have accused the government of trying to use the proposed legislation to allow illegal occupants and land grabbers to legalize their occupation on Buganda’s so-called 9,000 square miles (former crown land).

This is the “refuse land” that was not distributed as titled land to any body. It was retained by the British Crown, which reverted it to the Buganda kingdom in 1960 when the colonial government was preparing to hand over. While the government argues that there were people on most of this land who now own the land under customary tenure, Buganda kingdom insists this land has been grabbed by newcomers who have taken advantage of the fact that the government refused to give the 9,000 sq miles back to Buganda. The Minister for Lands, Kasirvu Atwooki says part of this land that is not occupied by local people under customary tenure is in the hands of district land boards in the respective areas, who have the right and duty to administer its utilization.

Apart from provision on landlord –tenant relationships, the Committee retained other controversial government amendments like Section 32(b) presented by the Minister of Land, Housing and Urban Development, Daniel Omara Atubo which proposes to empower courts to arbitrate over matters of customary land. MPs especially from northern and eastern Uganda had said that courts should have no powers over customary land since such land is held according to cultural norms and beliefs of a particular area.

But Atubo says the provision in this amendment applies only when the customary avenue has been exhausted and the parties are not satisfied. He says all cultures and traditional practices must finally be subjected to the Courts of Uganda to ensure they are fair and do not abuse constitutional rights and freedoms of some Ugandans.

Some experts like the Executive Director of the Foundation for Human Rights Initiative Executive Director Livingstone Ssewanyana had argued that the law amendments will have little if any effect on correcting the ills in the land law if the country does not have a National Land Policy. But the MPs on the two Committees seem to think otherwise.

“The Land (Amendments) Bill, 2007 comes in as a stop gap measure due to public outcry on land grabbing, forceful evictions and grave associated crimes as we wait for the national land policy which the Ministry (of Land) has started on,” the MPs report says.

Only three MPs led by Makindye East MP Michael Mabikke are reported to have disagreed with the majority and are preparing a minority report against the passing of the Land Amendment Bill. Others are Patrick Oboi (FDC, Kumi) and Peter Omolo (FDC, Soroti Municipality).

But this is a little number compared to the number of MPs who were threatening to censure the two ministers, just weeks ago over the NSSF-Temangalo Land saga. President Museveni is once again expected to be the victor when Parliament passed this Land Amendment bill as it is expected, given that the NRM has more than two thirds majority in Parliament. Museveni will surely have won something for the tenants (who greatly outnumber landlords) as their enhanced protection on land is expected to result in more votes for Museveni and the NRM. But whether the win in passing the bill will last up to the implementation stage is one issue that we shall keep our eyes open to witness.

NSSF Bigwigs in Hot Soup

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Heading the National Social Security Fund, commonly referred to as NSSF, is known to be challenging. Having scalded the resumes of many managing directors along with their boards of directors, NSSF has the highest CEO turnover in Uganda since 1998 in the days of Abel Katembwe, whose contract was terminated suddenly. His woes begun when NSSF bought him a four-bedroom house in Mbuya at 400 million Uganda shillings. The cost of its refurbishment was initially put at 215 million Uganda shillings. Later, this cost rose to a staggering 400 million – double the cost at which the house was bought. That not only made the public and stakeholders raise an eyebrow but got workers nationwide baying for blood. Katembwe’s days were numbered with the alleged discovery of 1.4 million US dollars missing from the NSSF coffers. Apparently, a local bank gave this money to Alcon International, which through a court case it later won has been waiting for damages which NSSF is yet to pay. The question then was; what kind of investment, using workers money should warrant spending over 700 million Uganda shillings on the MD’s House?

After the Katembwe debacle, Dr Yoramu Barongo was appointed as the MD. He too was suspended afterwards. During his tenure, the Chief Government Valuer, Eddie Nsamba Gayiira, was interdicted for grossly overvaluing UDYAM House (now known as NSSF House) to the tune of 3.3 billion Uganda shillings. It was sold at a controversial price of 9.7 billion Uganda shillings – much higher than the market price at the time.

Next came Leonard Mpuuma, who was jointly charged with board chairman Onegi Obel. The now infamous Nsimbe Estate scandal followed an inflated valuation of the project. It’s believed that in this 2004 version of investment choices, the price of land purchased by NSSF was inflated by over 4 billion Uganda shillings. At the time, this saga took the biscuit. The project, undertaken in partnership with Nairobi-based Mugoya Isabirye of Mugoya Construction Company, not only fleeced workers but also epitomised the inept handling by public officials of workers savings in Uganda. The Minister for Gender, Labour and Social Welfare (under which NSSF fell at the time), Bakoko Bakoru, was charged. So was Mugoya. However, the two are still at large. The minister fled to the US and claimed asylum. After the trial, Mpuuma was fined 100 million Uganda shillings while Obel is still facing trial. NSSF was consequently transferred from the Gender and Labour Ministry to that of Finance & Economic Planning for what was believed to be proper supervision. But alas! This fund seems to attract controversy.

Now NSSF is in the news again for shady business dealings and flouting of public procurement rules. It appears that government officials, the very ones supposed to be looking out for Joe Public are involved in the latest scandal. The Parliamentary Committee on Statutory Enterprises has just been investigating how NSSF purchased land in Temangalo, Wakiso District from Arma Ltd. Arma Ltd belongs to Amama Mbabazi (Security Minister and NRM secretary General) and Amos Nzeyi, a city businessman. Chandi Jamwa, the current NSSF MD intimated to the committee that the land NSSF bought was unencumbered with tenants. It has however been discovered that the land has tenants, is less in size than what the MD claims was bought, is partly a seasonal wet land (or if we are to believe Mbabazi, is filled with fishing farms/ponds). National Environmental Management Authority (NEMA) asserts that 46% of the land that NSSF bought in Temangalo is swampy.

However, the current controversy has government officials who believe they are untouchables starring in roles that include flouting Public Procurement and Disposal Act rules. The question now is how did John Patrick Amama Mbabazi & Amos Nzeyi learn that NSSF was looking for land to buy and vice-versa? Who approached the other? We have recently learnt that the land database that the MD and his board chairman claim to have consulted is unknown by even the top NSSF staff! It has now emerged that the line Minister for NSSF, Ezra Suruma, is not only a friend and business partner of the seller(s) but also gave a go ahead to the NSSF board to purchase the land without verifying that workers’ money would not be lost. The land was shamelessly overvalued, the NSSF board ignored several market price quotations set by different independent valuers, did not use the government valuer and were in such a hurry to purchase this land that they ignored Public Procurement and Disposal Act (PPDA) rules – the crucial one being advertising in the press for bids.

My opinion is that David Chandi Jamwa, together with his deputy, Mondo Kagonyera and chairman Gamuwa found themselves between a rock and a hard place. How could they disobey the mighty influential ministers? Both parties never thought the transaction would see the light of day but now what started as a clear case of fund mismanagement, flouting of PPDA rules, influence peddling, etc has become a political cat fight. NRM has always had politicians of questionable character but the hitherto clean, loyal but somewhat arrogant Minister of Security is now in the same boat as the former.

The scandal has also become a political fight with the Bakiga claiming that they are being witch hunted by the Banyarujumbura! The President of Uganda has decided to take sides for now, waiting for the recommendations from the Parliament Committee that is investigating the matter. He must be having a serious sleep deficit, watching senior party cadres tear each other apart. This time, his most trusted buddy is the one in hot water. It is an interesting scenario that the NSSF deputy MD is a Mukiga, just like the seller(s) and the line Minister. This is as interesting as it gets but the bottom line is that there has to be a fall guy for this debacle and Jamwa and his Board look like the favourite candidates. But like Mario Puzo wrote in The Godfather, it is nothing personal. Just business.

We will never forget Murchison Falls National Park

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During August 2008, Uganda Wildlife Authority participated in a bazaar that was organized by Makerere University students. During the bazaar, several students visited the UWA stall, and were given wildlife CDs and posters as part of the awareness creation campaign. Students were also given prizes during the bazaar, with the grand prize being a 3-day fully expenses paid trip for two to either Murchison Falls National Park (MFNP) or Queen Elizabeth National Park. Judith Dushimimana, a Psychology student at the university won the grand prize, and was subsequently taken on an unforgettable trip with a friend, Jonah Akandunda, to Murchison Falls, Uganda’s largest national park on 12th September 2008. The two students answered a few questions upon their return, and the excerpts of the interview are produced below:-

QN: Before your trip to Murchison Falls National Park (MFNP), had you visited a national park before?

ANS –
Jonah:- No, I had never been to a national park before.
Judith:- I had only visited Mgahinga Gorilla National Park because I come from nearby.

QN: How did you feel when you entered MFNP?

ANS: We were full of anticipation. We were really excited! We saw baboons near the gate and they were many! We were thinking that may be a wild animal would come and get us if we left the vehicle. Generally, it was amazing to be in such a quiet place.

QN: Where did you stay?

ANS: We stayed at Paraa Safari Lodge.

QN: Did you like it?

ANS: Ha! It was great! They served us very nice juice on arrival. We felt very happy and secure. We felt very well taken care of. Before getting to the lodge, we used the ferry, which was very exciting. We had never used a ferry before. We were mesmerized by how such a huge vessel could move on water and how it changed direction so easily. We arrived in our room and it looked so nice. Afterwards they took us to the dining room, which was also nice. The hospitality was really good. It was a cool place.

QN: What did you do after settling in?

ANS: We took a bath, and then freshened up, and afterwards we sat outside and watched the elephants in a nearby bush. We also saw some hippos at about 7.00pm. There were many tourists swimming. We went to the dining room for supper. They brought us a menu, and we saw there sophisticated dishes that we had never heard of. We almost failed to choose what to eat. After dinner, we watched some movies in the video room at the lodge, and then we went to sleep.

QN: The next day, what did you do?

ANS: We woke up and had breakfast with other tourists. After breakfast, we went for a launch cruise on the Victoria Nile together with some tourists and school children from Masindi town. It was amazing. We saw hippos and crocodiles with their mouths wide open as they enjoyed the sunshine. We heard the hippos calling each other in their language, and they were always gathered together. We also saw many beautiful birds such as the African Fish Eagle, the Pied Kingfisher and saddle-billed stork which has the colours of the Uganda flag on its beak.

QN: How did you feel during the launch cruise?

ANS: We felt very happy because we had never experienced it before. We felt so good, and we did not want it to end. We were mesmerized by the animal behaviour. When we approved the Murchison Falls we could not believe it. It was too much. We had seen pictures of the Murchison Falls but seeing them in reality was simply amazing. We had never seen so much water before. We had lunch after doing the launch cruise and relaxed a bit.

QN: What did you do in the afternoon?

ANS: We went for a game drive. As soon as we started we met many baboons and warthogs. We also saw many elephants with very many young ones. We also saw many Uganda kobs and oribis as wekkas giraffes. My God!! The giraffes were so gentle and elegant! They kept posing for photographs just like the models on the catwalk. We saw the mating grounds for the Uganda Kobs. There were fewer males than females. The grass was really sparse near the mating grounds. We saw lonely buffaloes rolling in muddy waters. We were told that they had been isolated from their herds after growing too old. We saw many isolated buffaloes around the park. We also saw very beautiful scenery in the park.

We went for a second game drive the following morning, and our main interest was to see the lions and leopards. We missed seeing the lions by a whisker because they disappeared behind a bush just as we arrived. Those who got their earlier saw the lions but we were not so fortunate. However we saw a huge leopard sitting in a tree and staring back at us. There were very many people and cars – about 15 cars were parked at the spot with everybody trying to catch a glimpse of the huge leopard. We will never forget that experience. It was amazing. Our guide said we were very lucky because most people have never enjoyed such a spectacle.

QN: Did you see the Murchison Falls?

ANS: Yes we did! We visited the Murchison Falls on the way back to Kampala. It was raining when we got there, so the water was too much. The roaring sound of the Falls was just unbelievable! The pressure of the Falls as the water pumps through the narrow gorge is something we will remember for the rest of our lives. We had not seen so much water in our lives. Unfortunately, our camera had run out of shots, and so I did not take any photographs at The Top of the Falls.

QN: What is your message for the young generation?

ANS: Young people should learn to visit the parks and discover new things in life. Our country is beautiful, and young people should enjoy this beauty. Experience is the best teacher, and we wish to encourage young Ugandans to visit the national parks, because these parks are located in Uganda and it is not good to only find there whites. When you go there, you become a witness to the beauty of this country. For instance, we were shocked to see that warthogs can be used for tourism because in our villages, they are only hunted for meat.

QN: Finally?

ANS: We thank Uganda Wildlife Authority for conserving our wildlife heritage. You are really doing a great job. Please continue with this spirit.

UWA Press Release on Marburg

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Uganda Wildlife Authority (UWA) wishes to release new information from details emerging about the visit of the tourist from the Netherlands who caught Marburg while in Uganda.

UWA has double checked the records on the ground and with the staff that guided the tourists during their visit to the cave, and it has emerged that the lady in question did not enter the cave in the Maramagambo Forest in Queen Elizabeth National Park.

According to the guide, Godfrey Twimukye, there were four tourists who visited the cave with him – two women and two men – all from The Netherlands. When they reached the cave, the men entered the cave while the women stayed outside.

For the 10 years since the Maramagambo Cave was opened up for tourism, our staff in Queen Elizabeth National Park have been frequently in contact with the bats but have never contracted the deadly Marburg virus.

However, we still invite all organizations and individuals interested in working with us in carrying out investigations to contact us. We are already working with the Uganda National Taskforce infectious diseases and have contacted the World Health Organisation about participating in the investigations.

In the meantime, the bat cave continues to be temporarily closed to visitors until investigations are complete. Nature walks, bird watching and other activities within the Maramagambo Forest will however continue.

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