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Uganda Elections 2006: Besigye’s Letter from Luzira

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Opposition leader Rtd Col. Dr. Kizza Besigye has written replying President Yoweri Museveni’s last week speech on his (Besigye’s) arrest and trial. Museveni said the Forum for Democratic Change (FDC) leader created the problems resulting in his arrest for himself and that the Government can only have principled and not opportunistic resolution of the situation. In a letter dated Friday December 17, 2005, Besigye wrote from Luzira Prison where he has been remanded ans sent a copy to Ultimate Media.

“President Yoweri Museveni’s statement that appeared in The Sunday Vision of December 11, 2005 is characteristic of his dishonesty. There are many provokingly untrue and shamelessly misrepresented points. However, I will only address three of them:

1. That the NRM (read Museveni) has been firm in dealing with wrongdoers: It is an indisputable fact that under the Museveni regime, ‘wrongdoers’ are not treated equally as demanded by the Constitution. In Uganda, there are three criminal Justice systems:

  • a) One for Museveni loyalists.
  • b) One for the general public.
  • c) One for Museveni’s political opponents, imaginary or real.

Numerous commissions of inquiry have compiled evidence and recommended prosecution of senior military, public and political leaders. The Museveni loyalists, far from being arrested and prosecuted, have been promoted and praised for ‘liberating’ our country!

On the other hand, crimes have been invented for members of the political opposition, who are promptly arrested, tortured and detained for long periods before the DPP (Director of Public Prosecutions) ‘loses interest’ in the cases. Some people have been in prison for more than five years, without trial. My wife, Winnie Byanyima, was arrested three times, and the charges were either dropped or dismissed by Court. This is Museveni’s “firmness with wrongdoers”.

2. Principled reconciliation: In Museveni’s world, “principled reconciliation” can only happen when the “wrongdoer first admits his/her mistake”. Obviously, he cannot understand that reconciliation is not about managing “wrongdoing”, but rather about managing opposed or conflicting situations towards an amicable solution. That is why reconciliation is usually managed by mediators or facilitators, who help the conflicting parties to appreciate each other’s position and to move towards a harmonious solution. Naturally, in the process of reconciliation, wrongdoing on either side may be found and accordingly managed; without losing the primary goal of creating a harmonious understanding known as ‘reconciliation’.

For that matter, the DPP, the Courts of Law and the Military Court Martial cannot be the appropriate agents for reconciliation. I advise President Museveni to seriously consider the statement by religious leaders of UJCC (Uganda Joint Christian Council) published in The Daily Monitor of December 14, 2005 and the offer they make.

3. The cases of Kizza Besigye: When I came back to Uganda to face the so-called criminal charges against me, I did not ask or expect to be treated preferentially by the justice system or by anyone in authority in respect of the charges that have been preferred against me.

I only ask, and EXPECT to be treated fairly and in accordance with the law and its due process. As a matter of fact, I rejected ‘preferential treatment’, which came in the form of an offer by President Museveni, to remove me from prison “immediately” and put me under “house arrest” at my residence.

This was partly because I thought it was irregular and inevitably shrouded with many uncertainties. I also rejected Museveni’s preferential treatment that if I should sign amnesty papers, I would immediately be discharged of all my cases, including rape! The Government of Uganda knows that I have a significant team of lawyers who would be aware of the Amnesty Law. Why then, would it be the Government, the law enforcer, pressurising me to apply for amnesty? Does President Museveni consider this a legitimate role of political leaders in handling criminal matters?

My concern and the concern of many people and organisations that have made public expressions are the following:

1. Timing and management of my cases

  • i) The cases I am charged with were allegedly committed between 1997 and 2003. Until November 14, 2005, no charges against me had ever been brought before any court, this in spite of the fact that I have publicly and repeatedly demanded over the past five years that if there were any charges against me, they should be put before court and that I was prepared to face the law.

President Museveni’s letter to his Cabinet just before my return stated that “there were long-standing criminal charges that would be brought against” me if I came back, although the DPP had just denied any knowledge of impending cases against me.

  • ii) The Uganda Government knew exactly where I was living in South Africa; if I was plotting to overthrow it, why wouldn’t they complain to the friendly government of South Africa. Indeed, shortly before my return to Uganda, President Museveni boasted that if his government needed me to answer any charges, they could easily ask for my extradition from South Africa. So why did he not arrange to extradite me, if I had “long-standing criminal charges” known to his government all those years?
  • iii) My co-accused were arraigned in court more than a year ago. I only became part of their case on November 15, 2005. All this suggests that these cases were not managed transparently and in accordance with the established legal process.

This concern is further accentuated by the fact that I was arrested while very busy doing political work in preparation for the oncoming presidential elections. Further, every effort has been made to deny me bail.

2. Trial by Military Court Martial
Through our lawyers, we opposed trial by the Military Court Martial because:

  • i) The UPDF Court Martial is not an independent and impartial court to which people have a constitutional right. It is really a service court intended to enhance discipline among errant, serving soldiers. It is therefore inherently not intended to be impartial because:
    1. It is headed by the Commander-in-Chief, who is the President.
    2. All the Court Martial members, including the prosecutor, are senior UPDF officers, appointed by the President and operating under his continuing and direct command. He deploys them, promotes them etc.
    3. It is to him that an aggrieved soldier appeals in case of delays of their trial, etc. There is therefore no way this court can be impartial to a person seeking to replace the President. Certainly, I would never willingly subject myself to the jurisdiction of the UPDF Court Martial and expect justice through it. On the other hand, I would be prepared to battle any number of charges in a civilian court.
  • ii) We believe the Court Martial action was intended to defeat the ends of justice to deny us bail. This was precisely the reason for the “Black Mambas” abomination and why the High Court hearing of my bail application was delayed so that I could be charged and remanded by the Military Court Martial, first! If the military prosecutor had fresh evidence necessitating fresh charges, why couldn’t they just pass it on to the DPP to institute these further offences against me.
  • iii) The Court Martial case is based on exactly the same facts as those for the treason case before the High Court. Therefore, we are being tried in two courts for the same alleged acts.
  • iv) The Military Court Martial was established to regulate the discipline of soldiers, deriving authority from Article 210 of the Constitution. It is not right to try civilians who have nothing at all to do with UPDF under its court, more so, when it violates their fundamental right to appear before an independent court or tribunal.
  • v) The Court Martial is not authorised to try the case of terrorism with which we have been charged in that court (that of illegal possession of firearms being an alternative charge). Section 6 of the Anti-terrorism Act, 2002 states as follows: 

    “The offense of terrorism and any other offences punishable by more than 10 years’ imprisonment under this Act are triable only by the High Court and bail in respect of those offences may be granted only by the High Court”.

    It is for those reasons that we have petitioned the Constitutional Court and High Court for appropriate action.

    President Museveni claims that the use of the Military Court Martial to try civilians has helped deal with crime since civil courts were overstretched. This assertion is an insult to Ugandans. Some people have been waiting in prison for over four years for their cases to be disposed of by the General Court Martial since 1999. From the information I have received while in prison, people who were arrested by Wembley and VCCU (Violent Crime Crack Unit) operations since 2002 are 560 people, of whom 448 have not yet been tried:

  • 250 people are in Kigo Farm Prison.
  • 130 people are in Luzira Upper Prison.
  • 60 people are in Makindye Military Police cells.
  • 98 people have been released on GCM bond after paying a bribe of between sh500,000 and sh2,500,000.
  • 12 detainees have died in prisons, mainly from untreated torture injuries.
  • Only 10 people have had their cases disposed of by the GCM. 

    The 440 people pending GCM trial, whose names and details I have compiled have been in prison for one to four years, yet Section 190 of the UPDF Act provides that a person triable under military law who has been detained in custody for 90 days before commencement of her/his trial shall be freed all the 440 illegally detained men have families; most with very young children.

    These families have fallen into destitution as a result of the GCM, to which the President of Uganda is happy to divert cases from civil courts. Such is President Museveni’s sense of justice!

    President Museveni is wrong. As a prisoner of conscience, I neither seek nor expect preferential treatment from him or from anybody else. I will willingly fight the political battle both politically and in the Civil Courts of Law, and I am confident that the truth will set me free, but I will never subject myself to his idea of “preferential treatment” or his dubious and impartial GCM.

    I may be imprisoned but the political issues I have raised and my resolve to fight for freedom will never be imprisoned. Let’s all work to keep hope alive.

    For God and my country.

    No UR 898/05

Uganda Elections 2006: Tricky Times for Candidates

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After today’s meeting between the Electoral Commission and the six Presidential candidates, opposition candidates in the 2006 elections have blamed the Electoral Commission for playing in favour of the incumbent, President Yoweri Museveni.

Independent candidate Dr. Chris Bwanika says by setting the election date on 23rd February, the Electoral Commission is denying the opposition candidates enough time to traverse the country and campaign.

“President Yoweri Museveni has been going around the country on tax payers money, campaigning. Now for us we have only two month to start and go through the whole country on limited funds. It is not fair. The EC should extend the election date to March 12 2005,” Bwanika told Journalists after the meeting.

The Vice President of the Forum for Democratic Change, Salaam Musumba who represented the party at today’s meeting echoed the same concerns, given the fact that their Presidential candidate, Rtd. Col. Dr. Kiiza Besigye may have to be reporting to court in some days, that is if he is ever released on bail.

Dr. Besigye appeared in Court before Justice John Bosco Katusi on Monday December 19, 2005 and the case of Treason he is alleged to have committed will come again for mention on January 5th 2006. He will however appear in Court to answer the case of alleged rape on January 2nd 2006.

Dr. Besigye who was supposed to appear in the military Court Martial at the same time did not show up there and it is not clear how his case will go on in the Court Martial, which is still holding on remand after the High Court granted him bail.

The Presidential candidates have all been given vehicles for their campaigns. The vehicles will be driven by Electoral Commission Appointed chauffeurs, a move that has had some of the candidates complaining.

The other issue candidates in Presidential and parliamentary elections are facing has to do with whether or not a member of a political party should stand for election as an independent candidate. Al Hajji Nassar NTege Ssebaggala has been threatened with suspension form the Democratic Party for deciding to stand as an independent candidate.

Democratic Party President, John Ssebaana Kizito on Saturday warned Haji Nassar Ntege Ssebaggala against using the Democratic party colours and slogans during campaigns.

Ssebaana who is standing for the national presidential seat with Ssebaggala says the party will sue Ssebaggala if he goes ahead to use DP colours of Green and White and the party motto in his campaigns.

Ssebaana told Journalists at the party’s campaign office in Kabusu, Kampala on Saturday that Ssebaggala has gone against the party constitution by deciding to stand as an independent candidate after being defeated in the party primary elections.

The issue of members of political parties standing as independents continues to raise controversy in all political parties with President Yoweri Museveni recently saying his NRM will suspend whoever stands as an independent candidate.

However, many members of political parties have vowed to contest as independents. For example, ministers who were defeated in the recently concluded NRM party primary elections met on Thursday in a meeting chaired by Samson Mayende (Minister of State for Higher Education) and the majority agreed to go ahead and compete as MPs in their constituencies despite the president’s directive.

Public Servants warned on partisan politics

Many of the candidates will have to do their campaigns without the legal active support of civil servants. The Permanent Secretary in the Ministry of Local Government, Vincent Sekono has warned public servants in the local governments (districts) to desist from engaging in partisan politics following the launch of campaigns for the 2006 elections.

Sekono was on Saturday speaking during a workshop for urban local authorities at Hotel Equatoria in Kampala.

He says that all local government public servants should demonstrate utmost neutrality in the coming elections and ensure that the political ground is level for all those competing in elections. Sekono says public servants are required by law to remain non- partisan and to promote the rights and freedom of all Ugandans through their service.

He also warns public servants against implementing politically motivated policies as passed by Local Councils, since the law will punish the public servants as implementers in case the policies are partisan and abuse rights of some Ugandans.

Army promises not to be partisan

The Chief of Uganda People’s Defense Forces has said that all members of security agencies are going to remain neutral in the elections. He says that no member of the armed forces is supposed to hold a party card or campaign for a political party

Meanwhile, Bwanika has said he has the best manifesto to lead Uganda out of the persistent poverty that is affecting the majority of Ugandans.

In an interview with Ultimate Media on Saturday, Bwanika who is standing as an independent candidate said that his candidature is centered on development issues.

Bwanika says that while some of the Presidential candidates are promising to get Ugandans jobs abroad, he wants to make Uganda a global work station where a lot of work for other countries is done in Uganda thereby generating employment.

Bwanika who says he will officially launch his campaign on Tuesday in Rakai says that if elected President, he will spend a bigger percentage of the national budget on Agriculture, which employs more than 80 percent of Ugandans.

He says this will make Uganda a global food basket. Bwanika says he will also make Uganda a global tourist centre and enable Uganda to take advantage of being in the middle of the Great lakes Region by making the country the hub of economic activity supplying mostly demanded goods and services in the region. Dr. Bwanika holds a Masters degree in veterinary medicine and has been a lecturer at Makerere University. He left last year and started his own consultancy farm. He is also a pastor.

Can Mulindwa Liberate Ugandan Soccer?

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There is a smile written on the faces of the Ugandan soccer fraternity following Lawrence Mulindwa’s take over of the Federation Of Uganda Football Association (FUFA) office, unopposed. His would be opponent, Chris Rwanika, pulled out of the race last Monday.

Mulindwa was on Saturday sworn in as FUFA president, filling the void left after the forceful suspension of Denis Obua. Mulindwa is expected to name his cabinet soon after.

The 52-year-old St Mary’s Kitende proprietor is seen by many as the “Messiah” sent by God to liberate the drowned ship of Ugandan football.

Why many soccer lovers are putting their hopes in this businessman? In his manifesto, Mulindwa clearly promised everything he could, including a seemingly incredible mission of taking the Uganda Cranes to Ghana 2005 Africa Cup Finals and South Africa 2010 World Cup, bringing the fans back to the stadiums, reviving women soccer among others.

It is only kids born yesterday who can take his gospel for granted. We have had past regimes of Semanobe, Twaha Kakaire and “Mr. Life president” Denis Obua, preaching the same in their quest for the country’s top soccer office; but what happened.

Obua, the man mainly credited for the current sluggish level of football in the country, reached to an extent of calling him self a “live wire” which can electrocute any one who comes against him or questions his way of handling soccer.

And he proved right, since it needed a bulldozer in the names of Hon. Namirembe Bitamazire, the Minister of Education and Sports to oust him from the FUFA offices at Mengo.

Not because I don’t support Mulindwa’s take over of the office, but an-enormous task awaits him, if he is to live up to his Manifesto. His first assignment should be how to lure fans from the Premiership video halls to the local stadiums.

Clubs and national teams are crying foul due to the low turn up of the fans in the stadiums when local matches are being played, yet these teams’ coffers greatly rely on gate collections. If a derby involving the country’s top two giants clubs, Express F.C and Sports club villa can no longer generate 3,000,000 shillings (US$1,700), then what about Idudu f.c. vs. Kinyara Sugar Works.

This requires Mulindwa to go back to the drawing board and correct the image of the game in the country. The game is now characterized by mismanagement and corruption among other inadequacies. The fans and sponsors will board the FUFA bus by them selves. The superbly organized Masaza and Bika tournaments (by the Buganda kingdom) prove my argument.

Establishment of soccer academies aiding the already exiting ones, like Edger’s limited, KKl among others, should be emphasized and all super league clubs should emulate Sc Villa who have started reaping the fruits of having a soccer nursery.

Also, the current cranes squad should be maintained with exception of some few old guards who have reached their diminishing points.

People like Ibrahim Mugusha, former crowd darling, Hassan ‘Figo’ Mubiru, Philip Ssozi, Marley Byekwanso and company, have hard their share and it may be time for them to leave the podium to young stars like Express F.C’s Eaglet Nicholas and Sc Villa’s exciting trio of Ronald Mugaga, Augustine Nsumba and Oscar Agaba.

But remember a teacher matters a lot. A right choice, based on merit, should be made to coach the team.

Moshir-Mohamad Abbas handled six matches in the last Africa Cup of Nations qualifier campaign as head coach but registered a win and draw, scoring 4 goals against 9. What a record for a professional tactician!! Any way, it is alleged that the Egyptian is a physical trainer but not a coach. Doesn’t he deserve to book the next flight to Cairo as Mulindwa looks for a qualified replacement?

Even if all these issues are rectified and the new FUFA President brings back the old faces from the past FUFA regimes in his cabinet as I predict, it will be more of an old wine in a new bottle. We all need a savior for our soccer and hope Mulindwa will not disappoint us. Hopefully, he will carry out his promise of appointing people on merit as he promised recently.

Uganda Electoral Commission Allows Besigye’s Nomination

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Dr. Besigye can be nominated, but only in person. He is required to appear in Namboole stadium on Wednesday December 14, 2005 and be nominated, and not nomination papers to be taken to him in Luzira Prison for signing as his party had asked.

Uganda’s leading opposition party, Forum for Democratic Change has vowed to take the government to Courts of Law if their jailed President, Col. Dr. Kizza Besigye is denied a chance to get nominated and contest for the national Presidency in the 2006 elections.

This follows a letter by the Attorney General, Prof. Kiddu Makubuya advising the government, and the Electoral Commission in particular, to stop the nomination of Dr. Besigye because he has been arrested for links with “serious crimes”. The Attorney General, who is the government’s chief legal advisor, wrote a letter saying Dr. Besigye should not be nominated since he has been arrested for links with PRA and Kony rebels and he (Dr. Besigye) has refused to categorically renounce rebellion. Prof. Makubuya argues that although Besigye has denied any links with the rebels groups, it will be bad for the country if he is nominated and the Courts later find him guilty of the crimes of treason, misprision of treason and rape that Dr. Besigye is alleged to have committed.

Prof. Ogenga Latigo, FDC’s Deputy President says that Dr. Besigye cannot be stopped from contesting in elections since he hasn’t been convicted of any crime. He says they will sue the government if the advice of the Attorney General to stop Dr. Besigye from getting nominated is followed. Prof. Latigo says that they are going to do everything possible to ensure that Dr. Besigye is nominated as scheduled on December 14th 2005.

Prof. Latigo says the government is treating Dr. Besigye as if he is guilty before trying him, yet the national laws provide that everyone is innocent until proven guilty beyond reasonable doubt. He says that the cases against Dr. Besigye are fabricated and aimed at stopping him from contesting for the presidency.

There are worries that this twist of not allowing Dr. Besigye to be nominated is bound to make the already contentious political transition period more volatile and may divide the country in many ways than can be imagined.

One of Besigye’s lawyers, Yusuf Nsibambi on Saturday told an FDC rally at the Clock Tower in the Ugandan capital, Kampala that they were considering petitioning the High Court to stop nominations and elections if Dr. Besigye is not nominated.

FDC refuses to elect new presidential Candidate.

Despite pressure from the government and some of the members of FDC stemming from the unlikely timely release of Dr. Besigye, the party’s top brass has vowed not to name another Presidential candidate. According to an opinion poll by The New Vision, the government owned daily and leading newspaper in Uganda, if elections were held today, Dr. Besigye’s FDC would win by 42% of the vote followed by NRM (ruling government) with 33%, UPC 10%, Democratic party 9% and the rest of the parties sharing the remainder. All parties have however refused these figures, all including FDC, saying the poll underestimated their real support in the electorate.

Dr. Besigye’s bail more uncertain than ever.

Any hopes of Dr. Besigye being released even on bail were dashed Monday December 12, 2005 morning when High Court Judge Remmy Kasule ruled that Besigye’s bail application, including that in the Military Court Martial, will be decided after the Constitutional Court pronounces itself on the case.

Dr. Besigye’s lawyers petitioned the Constitutional Court asking it to clarify whether the Military Court Martial has jurisdiction to try Dr. Besigye since he is not an army officer and whether it is legal for Besigye to be tried in two different courts for crimes based on the same or related allegations.

Dr. Besigye was arrested and charged with Treason, Misprisions of Treason and Rape by the High Court. He is alleged to have raped Joanita Kyakuwa in 1997. Though this is a capital offence, it has not generated much attention partly because of the length of time the alleged victim has taken to report the alleged crime, and the fact that it was brought on the same day Dr. Besigye was being charged with treason.

The day when his bail application was heard and granted, the Military Court Martial based at Makindye, East of Kampala also charged him with terrorism and possession of illegal arms basing on the same charge sheets in the High Court. The Court Martial remanded Besigye and set Monday December 19th 2005 at 9:00am local time when his case will come up for mention.

Dr. Besigye due for trial in two different courts same day, same time.

However, the High Court today also announced that Dr. Besigye’s case of Treason, Misprision of treason and rape charges will be heard on Monday December 19, 2005 at 9:00am before Justice John Bosco Katiusi. It is not clear which Court Dr. Besigye will go to first on in which particular court he will be tried.

High Court Judge Remmy Kasule today re-stated his earlier halting of Besigye’s Trial in the Military Court Martial but the Military Court Martial chaired by Gen. Elly Tumwine says they have the same jurisdiction as the High Court and cannot therefore be ordered by the High Court. The Constitutional Court has however ruled that the Military Court Martial is a constituent Court of the High Court of Uganda.

Electoral Commission decides Besigye should be nominated in person.

The EC Secretary, Sam Rwakoojo says that after considering the advice given to the commission by the Attorney General and Minister of Justice and Constitutional Affairs, Prof. Kiddu Makubuya, and that given by Minister of State for Constitutional Affairs, Adolf Mwesigye, the EC has decided that Dr. Besigye can be nominated, but only in person. He is required to appear in Namboole stadium on Wednesday December 14, 2005 and be nominated, and not nomination papers to be taken to him in Luzira Prison for signing as his party had asked. It is not clear whether Dr. Besigye can or will be allowed by authorities to go and be nominated from Prison where he has been remanded by the Military Court Martial. The fact that two government ministers gave varying views on Besigye’s nomination has not helped matters.

Adolf Mwesigye wrote to the EC advising them that he did not see any problem with allowing Besigye to be nominated as a candidate in the 2006 elections since he has not been convicted of any crime and is not serving a sentence of any court in Uganda. Then, a few days later, Prof. Makubuya wrote to the Commission advising it not to allow Dr. Besigye to be nominated.

This is expected to have been a hard decision for the EC as there is equal pressure from the government, the opposition and the donor community on Dr. Besigye’s candidature in the forthcoming presidential elections with some sections insisting he should not be allowed to be nominated and others saying he must be nominated.

Government urged to respect rights of all.

Meanwhile, the National Coordinator of the Human Rights Network, Mohamed Ndifuna has called upon the government to fulfill its obligation to respect, protect, defend and promote the basic rights and freedoms of all the people of Uganda. He was speaking on Saturday at a function to mark the end of the international human rights week at the Constitutional Square in Kampala.

The human rights week in Uganda, which started on December 5th, was held under the theme “upholding human rights during the political transition”.

Ndifuna says that as Uganda transits from the movement to multi-party politics, many parts of the legal framework are not in line with the new political environment and are open to abuse.

He says there is strong patronage of institutions of the government to the extent that many of the institutions remain accountable to current regime rather than the democratic institutions of the government like Parliament and Courts of law.

He says many people’s rights and freedom have as a result been trampled upon and he called on the government to respect and to protect the rights of all Ugandans.

Northern Uganda Leaders Scoff at LRA Peace Deal

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A peaceful end to the war in northern Uganda may still be a dream even after the Lords Resistance Army rebels offered a ceasefire and to talk peace with the government last week.

The Deputy Commander of the Lords Resistance Army Vincent Otti speaking by telephone on a talk show on K-fm, a Kampala based radio station, on Friday December 2nd said that the LRA was ready for renewed peace talks with the government to end the war.

However, the district Chairmen of Gulu, Kitgum and Pader districts on Monday morning scoffed at offers by the LRA to have another round of peace talks with the government.

Col Walter Ochola from Gulu, Edwin Komakech from Pader and Nathan Odwe from Kitgum have said that the rebels are just buying time to reorganize themselves.

The districts of Gulu, Pader and Kitgum are the most affected by the 19-year war in northern Uganda which has claimed many lives and left over 1.6 million people displaced.

“My self I have spent a lot of money by sending airtime to Otti when ever he expresses interest in talks but he turns around and uses the same airtime to co-ordinate ambushes on innocent people,” Ochola said.

Addressing journalists in Kampala on Monday December 5th, Ochola said that Otti and Kony are not interested in talking peace because they have been committing atrocities on their own people.

“Otti is in Congo where he wants to establish a base and make attacks again, which indicates that he is not interested in talking peace,” he added.

Kitgum district chairman Nathan Odwe said that the rebels are not serious since they have wasted several offers for peace talks with the government even after government assured them that it would meet their demands.

“This is a ploy used by the rebels to escape fire when ever they are cornered by government forces but they are small in number only making a few attacks here and there to threaten that they are a strong group,” Odwe said. “When they start asking for peace talks that is one way by which remnants who are dispersed regroup and start to reorganizing to look for food, raiding villages and camps.”

He added that the government has given the rebels various attempts to peace supported by chief peace broker, Betty Bigombe but the rebels have failed to be serious with what they say.

Pader district chairman Edwin Yakobo Komakech re-echoed the concerns, saying that these attempts will not succeed owing to past experience where the rebels failed to agree with government.

He says that despite the opportunities of even fronting the destination for the talks the rebels are playing tricks to free themselves from the International Criminal Court charges and arrest warrants issued for them.

Such pronouncements by the top leaders of the three districts are bound to make a new quest for a peaceful end to the more difficult.

Cut aid given to northern Uganda
Meanwhile Northern Uganda will benefit from the six million euros of aid, which was cut off from the Uganda government by the Dutch government.

The media this weekend in Kampala reported that the Dutch government had cut off aid amounting to six million euros to Uganda citing some governance issues.

Aid cut which is a sign of no confidence in the government had raised eyebrows of many Ugandans especially those in poverty stricken areas like northern Uganda.

The chairperson Gulu District Col. Walter Ochola says that he has received communication from the Dutch government that the funds will be used to facilitate humanitarian work in the north through the UN humanitarian support programs.

“We should not worry because the money is still around our country; the latest letter I received from the Dutch embassy indicated to me that the aid will be re-channeled to northern Uganda,” Ochola said during Monday’s media briefing.

Doing Business: Lack of Regulatory Reforms Killing Business in Africa

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If Ugandans have been wondering why the government is levying more and higher taxes, a new report will tell them that Uganda is just among other African countries that have been found to levy the highest business taxes in the world.

These taxes have been found to have adverse effects on disadvantaged members of society, especially women as consumers and as small-scale entrepreneurs.

Apart from traders’ complaints of increased import taxes and regulations under the East African Customs Union, many Ugandans are burning under a regime of increased airtime, fuel and license taxes, which have led to increase in prices of many products.

The Doing Business in 2006: Creating Jobs report shows that such high taxes are behind the high youth unemployment rates. Simeon Djankov, Manager, Monitoring, Analysis and Policy Unit at the World Bank, is the lead author of the report.

The report released by the World Bank Group in mid September 2005 shows that on average, 62 percent of gross profits in many African countries are taxed away. These high taxes create incentives to evade, driving many firms into the underground economy, and do not translate to higher revenues for governments.

For example, business taxes in Mauritania are so high that evading 20 percent of them would increase a company’s gross profit by as much as 60 percent.

As if that is not enough, the report says that many African nations continue to thwart small and medium businesses with heavy legal burdens and piecemeal reforms, which complicate doing business. This finding compares with the performance of Eastern Europe, the fastest reforming region in the world, which is aggressively courting entrepreneurs with far-reaching reforms that streamline business regulations and taxes.

The report cosponsored by the World Bank and the International Finance Corporation, the private sector arm of the World Bank Group, finds that such reforms, while often simple, can create many new jobs.

“Jobs are a priority for every country, and especially the poorest countries. Doing more to improve regulation and help entrepreneurs is key to creating more jobs–and more growth. It is also a key to fighting poverty. Women, who make up three quarters of the work force in some developing economies, will be big beneficiaries. So will young people looking for their first job. The past year’s diverse range of successful reformers – from Serbia to Rwanda – are showing the way forward. We can all learn from their experience,” a news release sent to us quotes Paul Wolfowitz, President of the World Bank Group as saying.

The annual report, which for the first time provides a global ranking of 155 nations on key business regulations and reforms, finds that African nations impose the most regulatory obstacles on entrepreneurs and have been the slowest reformers over the past year. Meanwhile, every country in Eastern Europe improved at least one aspect of the business environment.

“Many African countries that desperately need new enterprises and jobs risk falling even further behind other countries that are simplifying regulation and making their investment climates more business friendly,” said Michael Klein, World Bank/IFC Vice President for Private Sector Development and IFC Chief Economist.

The report tracks a set of regulatory indicators related to business startup, operation, trade, payment of taxes, and closure by measuring the time and cost associated with various government requirements. It does not track variables such as macroeconomic policy, quality of infrastructure, currency volatility, investor perceptions, or crime rates.

What the report does show is how easy it is to do business in a particular country. For example, an entrepreneur in Mozambique must undergo 14 separate procedures taking 153 days to register a new business. In Sierra Leone, if all business taxes were paid, they would eat up 164 percent of a company’s gross profits. In Burundi, it takes 55 signatures and 124 days from the time imported goods arrive in ports until they reach the factory gate. Uganda is not among those countries reviewed in the report.

Overall, European nations were the most active in enacting reforms. The top 12 reformers in the past year, in order, were Serbia and Montenegro, Georgia, Vietnam, Slovakia, Germany, Egypt, Finland, Romania, Latvia, Pakistan, Rwanda, and the Netherlands.

However, the authors of the study did note exceptions in Africa. Rwanda is among the biggest reformers in the past year, with reforms of the courts, customs procedures, and upgrading the credit registry. Mauritius also reformed in several areas and is among the countries with the most business-friendly conditions, as is South Africa. Yet for every three African countries that improved business regulations, another one made them more costly.

Some of the reforms in African countries in the past year:

  • Mozambique cut the property transfer tax from 10 to 2.4 percent of the property value, the largest cost reduction in the world.
  • Kenya and Mauritius improved credit information sharing by amending their banking acts. This makes it easier for lenders to evaluate creditworthiness.
  • Ghana, Senegal, and Tanzania revamped their tax codes and eased tax burdens on businesses.
  • Rwanda abolished mandatory pre-shipment inspections. Cameroon set time limits on going through customs, reducing delays. Mauritius introduced risk analysis for inspections, also reducing delays at the customs office.
  • In Mauritania, the Nouakchott port now operates around the clock, compared with only 60 hours a week previously.
  • Burundi introduced a new summary procedure for debt recovery and allowed private bailiffs to operate, reducing delays in the courts.
  • Rwanda created specialized court chambers for business and tax matters, reducing court delays.

Not all reforms were business-friendly:

  • Madagascar increased the minimum capital requirement for starting a new business to $5,350, or 25 times the average annual income.
  • Chad increased notary fees, and transfer and registration taxes to raise the total cost of registering property from an already steep 17 percent to 22 percent of the property value.

Doing Business in 2006 updates the work of last year’s report in seven sets of business environment indicators: starting a business, hiring and firing workers, enforcing contracts, registering property, getting credit, protecting investors, and closing a business. It expands the research to 155 countries and adds three new indicators, dealing with business licenses, trading across borders, and paying taxes.

The World Bank statement says the new indicators in this year’s report further reinforce the overwhelming need for reform, especially in poor countries like Uganda.

The report also shows that reforming the administrative costs of trading can remove significant obstacles to exporting and importing. Contrary to popular belief, customs paperwork and other red tape (often called “soft infrastructure”) cause the most delays for exporting and importing firms. Less than a quarter of the delays are caused by problems with “hard infrastructure” such as poor ports or roads.

“In Ethiopia, exporters have to get 33 signatures before their goods reach the port of exit. For manufacturers in Africa, the administrative burdens of trading can pose larger costs than tariffs and quotas. In Nigeria, for example, administrative costs can account for as much as 18 percent of the value of exports,” the report says.

The top 30 economies in the world in terms of the report’s ease-of-doing-business index, in order, are New Zealand, Singapore, the United States, Canada, Norway, Australia, Hong Kong/China, Denmark, the United Kingdom, Japan, Ireland, Iceland, Finland, Sweden, Lithuania, Estonia, Switzerland, Belgium, Germany, Thailand, Malaysia, Puerto Rico, Mauritius, the Netherlands, Chile, Latvia, Korea, South Africa, Israel, and Spain.

Other African countries with high ranks are Namibia (33), Botswana (40), Zambia (67) and Kenya (68). Nine of the 10 countries with lowest rank on this report’s ease-of-doing-business indicators are African: the Democratic Republic of Congo, Burkina Faso, Central African Republic, Chad, Sudan, Niger, Togo, Congo Republic, and Mali.

The report notes that all the top countries regulate businesses, but they do so in less costly and burdensome ways. The Nordic countries, all of which are on the top 30 list, do not regulate too little. Instead, they have simple regulations that allow businesses to be productive and focus intervention where it counts—protecting property rights and providing social services.

Just 8 percent of economic activity in Nordic countries occurs in unregistered (informal sector) businesses. The reason is that regulations are simple to comply with and businesses receive excellent public services for what they pay in taxes. For example, Denmark has the world’s best infrastructure. Norway ranks highest on human development indicators, with Sweden right behind it.

“In the Nordic countries, as well as the other top 30, reformers do not have to choose between making it easy to do business and providing social protection. They can do both,” said Simeon Djankov, an author of the report.

The Doing Business project is based on the efforts of more than 3,500 local experts – business consultants, lawyers, accountants, government officials, and leading academics around the world, who provided methodological support and review.

Powerful Earthquake Hits East Africa and Causes Panic in Kampala

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Being in Kampala’s tall skyscraper buildings is always a top point for those who work there, but it turned out to be a big disadvantage this afternoon.

At around three o’clock, many people in such buildings ran crazy as they panicked out the buildings to seek refuge from an earthquake that shook the city.

Seated from my office desk the earthquake which struck for over five minutes forced me to move to the main corridor of the building where I met people from other offices on Kizito Towers and the nearby Kirumira Towers taking turns on the steep steps as they all rushed down the many stairs.

People in the lower corridors and shops were amused to see people running down stairs for their lives.

Upon reaching down, a mammoth crowd had begun to converge outside the building watching over as it took swerves from east to west.

“The building was shaking and we feared that it may collapse and kill people but God is great that the earth quake lasted only a few minutes,” an unidentified woman said.

However later on business resumed and people went back to their offices to resume work but some anticipated more damaging tremors to follow.

It has not yet been possible to ascertain whether the earthquake caused any damage or loss of lives in Uganda.

The earthquake is reported to have measured 6.8 on the rector scale and hit East Africa at about 3 p.m. (East Africa is 3 hours ahead of G.M.T) The effects of the earthquake, whose epicenter appears to have been along the south-western arm of the Great Rift Valley, is not too clear in Uganda, but there are reports of injuries from collapsing dwellings and some damage in Congo. The earthquake caused panic as far as Nairobi, Kenya and in Kigoma, Tanzania and tremors were also felt in Rwanda and Burundi.

It is reported that an earthquake of such magnitude would have caused much more damage if the area had been more developed.

Ugandan Women Want Tougher Laws on Violence Against Women

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Uganda has joined the rest of the world to commemorate 16 days of activism against violence on women that started on November 25th when the UN marked the day for the elimination of all forms of violence against women.

Many Ugandans led by women and human rights groups have been holding different meetings and demonstrations calling for a tougher law on violence against women, especially the rampant violence that many women face in their homes.

Anti-domestic violence activists accuse government and the parliament of Uganda for deliberately cheating women by not putting in place specific laws against domestic violence, which is pervasive in many families. And if hopes for such law were there, parliament stumbled over it by shelving the Domestic Relations Bill sighting insensitivity from some section of the public.

The Domestic Relations Bill once passed into law is supposed to cater for among others the Sexual Offences between spouses, which is one of the common causes of domestic violence. Currently Uganda has no law punishing spouses who force their partners into sex or marital rape, which are very rampant according to the available research.

The existing law in penal code Chapter 219 says that any person who unlawfully does grievous harm to another commits a felony and is liable to imprisonment for seven years, but this law is general such that it does not consider the circumstances of home set up.

Anti-domestic violence activists in Uganda had hoped that with the DRB, violence against women will be scaled down since it will be defined from other forms of violent acts committed. But this has not been so because the bill has since faced resistance and subsequently put on hold.

Luwero woman Member of Parliament, Prof. Victoria Mwaka says that women feel cheated and unimportant because the bill has been sidelined.

“Women will continue to suffer violence and be deprived of equal opportunities as men due to lack of specific law,” says Professor Mwaka, whose constituents recently demonstrated against the delay to pass the bill into a law.

The Executive Director of the Women’s Rights Division of Human Rights Watch, LaShawn R. Jefferson says that the failure by Ugandan government to address domestic violence is costing women their lives. “Any success Uganda has experienced in its fight against HIV/AIDS will be short-lived if the government does not address this urgent problem,” she says.

In its 2003 report, the Human Rights Watch said that the Ugandan government’s failure to protect women from domestic violence and discrimination increases women’s risk of contracting HIV.

In a 77-page report entitled, “Just Die Quietly: Domestic Violence and Women’s Vulnerability to HIV in Uganda,” many widespread rape and brutal attacks on women by their husbands in Uganda were reported and blamed on lack of a specific law against domestic violence. The Human Rights Watch report says that domestic violence inhibits women’s control over sexual matters in marriage, exposing them to danger of contracting HIV.

The inadequacy of the current law in protecting women against violence is a shared concern between women and men. The Bukooli South Member of Parliament, Peter Patrick Ochieng says that the current law is so stiff and does not reach down to protect the vulnerable women who suffer violence silently.

“The current law does not favor women at all because they are exposed to all sorts of abuse and violence in families which, are often swept under the carpet as domestic affairs,” charges Ochieng. However, Ochieng says that there is a need for thorough consultation on the matters affecting some sections of the public before passing the bill into law.

Prof. Mwaka says that the lack of specific law against domestic violence and holding back the DRB has been the most disappointing inadequacies of the 7th parliament. “Many women feel let down by their very government and parliament,” says Prof. Mwaka.

But many MPs have argued that the bill in its current form is controversial and that many religious and other groups have come up in arms against the bill.

At the eve of debating the DRB in Parliament, a section of the Moslem community both women and men demonstrated claiming the law was impinging on their Koranic laws. This forced government to engage them in discussion, which eventually broke down forcing government to hold the debate of the bill for review of some controversial clauses.

Mwaka contends that even if some parts of the bill were viewed controversial, the larger part of it should have been tabled and debated scrapping out the contentious ones. “Domestic Relations Bill is not bad but some people have made it a habit to politicize it making it hard to be passed,” laments Mwaka.

“Being married should not be a death sentence for Ugandan women and they should not have to give up their rights to physical security and sexual autonomy just because they get married.” said Jefferson in the Human Rights Watch report.

For more than a decade, Ugandan women’s rights advocates have urged government to enact legislation addressing domestic relations and the rape and battery of women by their intimate partners. Yet for years, the bills have languished before they reach or in parliament. The DRB has been proposed for the last 41 years, to provide a fair law to regulate the family institution free from abuse of either parties-wife, husband and children.

THE Association of Women Lawyers (FIDA-Uganda) has equally been calling on government and Parliament to enact a new law saying the current one is weak.

The Uganda Women’s Network (UWONET) in February 2004, recorded cases of women who lost their lives to domestic violence. The study shows that many of the acid pouring cases are committed against women by their spouses or lovers.

A recent study by a U.S. institute of Domestic violence prevention shows that about one in three women living in rural Uganda experiences verbal or physical threats from their partners. Fifty percent of them receive injuries as a result. Another study conducted by John Hopkins University, highlights the links between domestic violence and the consumption of alcohol, as well as a partner’s perceived risk of HIV infection.

All these have been brought to the public’s and governments attention giving a good ground on which to base a law on violence against women.

It should be remembered that in 2003 the matter of domestic violence was swept out of the bedroom when the then Vice-President Specioza Wandera Kazibwe publicly revealed that she was a survivor of domestic violence. She has since walked out of the relationship, seeking divorce. But many studies point at many cases of rural women who do not even come out openly to report the abuse for fear of more vicious attacks from their partners. Even if they did, there is no strong law under which they can seek redress and justice.

As it stands now a battered woman can only file a case based on assault, and often, the police ignore the depth of the crime, referring to it just as a ‘domestic issue that needs to be sorted out at home’. Sadly, the wait for a fairer law seems to be a long one.

Kampala in Mayhem as Dr. Besigye is Arrested

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The arrest of Dr. Kiiza Besigye, Forum for Democratic Change president, at Busega on the outskirts of Kampala city, created havoc on Monday afternoon November 14, 2005, stretching into the night and Tuesday. Kampala streets witnessed scenes of riots and running battles with the police forces. The rioters destroyed people’s property, looting, burning cars that the fracas was unbelievable! Police reacted in kind splashing tear gas and water in huge measures to repulse the rioters. By evening time the situation was so bad that there was no public means of transport in and out of the city center.

Dr. Besigye was arrested as he returned to Kampala from his northern Uganda tour. This angered a lot of people and they took to the streets to protest and show their disgust on how retired Col. Besigye and the opposition at large is being treated. By the time the police entourage accompanying Dr Besigye arrived at Central Police Station [CPS], there was a mammoth crowd chanting opposition slogans, brandishing Dr Besigye’s 2001 election posters and demanding that he be set free, that police had to disperse the crowds. The lumpens and rogues received the opportunity as God sent and started looting and destroying the property. Innocent citizens lost their valuables and others abandoned their cars on the roads for fear of their lives. On Kampala I witnessed people closing their shops and offices, hurriedly anticipating the attackers. One hooligan remarked that Simba Telecom were lucky to have closed early otherwise they would have looted some new phones.

LEADERS
Our leaders must act with caution and stop inciting people into violence. They should practice political maturity. I was dismayed by several politicians’ utterances on radio stations calling on people to come in large numbers and riot. That is absolutely wrong! The government, media houses and the opposition must act rationally and calmly because every Ugandan has a stake in this country. Many people were on the radios telling others not to go to work on Tuesday and generally trying to incite others into wrongful acts. Several thousand innocent Ugandans inhaled a fair share of tear gas and I must say the road to 2006 is grim.

POLICE
The Uganda police took long to react to the riots otherwise they could have curtailed the spate of lootings early enough and they are partly to blame. Police should have been able to anticipate what Besigye’s arrest was going to cause fracas. This is a testing time for the police because the opposition are accusing them of partisan politics and favoring the government. The questions as we head to ’06: Is the police capable of handling sustained massive riots? Can they act above partisan politics for the good of every Ugandan?

TRANSITION
The road map towards the March ’06 general elections is tricky and so is the multiparty co-existence. The government had a lot of options and could have summoned Col. Besigye without hijacking him on the way into town. If there is mistrust and political witch-hunts, how can the opposition practice politics? This government would not be better than past governments. It is a political fact that Uganda has never had a peaceful transition and all our governments have been ushered in by the military. The government should level the political playing field for genuine multiparty politics to take place otherwise this is a farce.

CHARGES
Dr Besigye on Tuesday appeared before Justice Tibulya for mention and will go to the high court since the case is before the courts of law. We cannot discuss it but… RAPE? Where was the victim all this long? Why didn’t she press charges then? Something doesn’t augur well.

TRANSPORT
Monday evening was hell as there were no means of public transport in and out of the city till late. The taxis feared the running battles between the police and rioters prompting the brisk business of the boda-boda. Even on Tuesday, coming to town was tricky for those who worked but as I write early on Wednesday, calm has been restored. By Tuesday the police was working hand in hand with the military police and army. They were patrolling the streets repulsing a few rioters that had started again. Police spokesperson Asuman Mugenyi however allayed fears that there is no curfew set.

Uganda National Parks are Safe for Tourists

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The Uganda Wildlife Authority (UWA) is appalled by the American Embassy’s insistence on issuing negative travel advisories against our national parks despite the vigilant steps that have been taken and achievements made in ensuring the security of tourists.

The Daily Monitor of 28th October 2005 reported that the American Embassy instructed American citizens in Uganda “to seek permission from the Chief of Mission to visit all national parks in the country “. This insinuates that all Uganda’s national parks are unsafe, which we at UWA consider unfounded and unfair since it is not true and not supported by any facts.

Uganda has 10 national parks scattered across the country, and of these only one, Murchison Falls National Park is close to the north where rebel activities are being reported. But even then, Murchison Falls National Park is not affected because of the security mechanisms that have been put in place to keep security rodents out of the park.

The other nine parks, which are located in the west, southwest and east of the country, are several hundreds of miles away from the disturbed north. So why the travel advisories? Moreover, the American Embassy never bothers to verify any information with us before issuing the dreaded travel advisories; little knowing the drastic impact this has on our young tourism industry.

We appeal to all nature and wildlife lovers as well as the general public not to believe or be shaken by these travel advisories. As we write this, our national parks including Murchison Falls National Park are teeming with tourists from all over the world. And they are having a wonderful time. Members of the public are therefore encouraged not to cancel their trips, because if there were a problem beyond UWA’s means to solve, we would immediately inform you.

The American Embassy owes this country an apology for putting our best performing sector in jeopardy through their negative travel advisories, which are issued without consulting the concerned government agencies.

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