Rights groups query Kayihura promotion

SOURCE: THE DAILY MONITOR, 30 DECEMBER 2011

Maj. Gen. Kale Kayihura has been promoted to the rank of Lieutenant General.

The promotion of Maj. Gen. Kale Kayihura to Lieutenant General, and appointment of Ms Jacqueline Susan Mbabazi, the wife to the Prime Minister Amama Mbabazi, to Senior Presidential Advisor, yesterday drew mixed reactions from the public.

Citing Gen. Kayihura’s six years at the helm as the Police Chief, human right activists, civil societies and opposition leaders say he should not have been “rewarded” with the promotion, claiming that it is not good for democracy, human rights and “national” equity.

“As the Inspector General of Police, Kayihura has not done his work, save for militarising the police, even at the time we expected the police to be more civil,” Mr Godbar Tumushabe of the Advocates Coalition for Development, said on telephone yesterday.

“I guess he was promoted because he succeeded in militarising the police. And not for his human rights record or for purposes of promoting democracy.” Mr Livingstone Ssewanyana, the executive director of the Foundation for Human Rights Initiative (FHRI), said such promotions deserve people whose respect for human rights is impeccable, something that he believes, the promoted IGP has not really exhibited thus far.

“If this time he is ready to defend human rights then we have no problem with his promotion,” said Mr Ssewanyana. “But if he doesn’t, we shall oppose him, because we expect a person appointed in such a position to be able to act as a role model in terms of respecting citizens’ rights.”

In his six-years at the helm of police leadership, Kale Kayihura has had to deal with demonstrations of all kinds, many times responding with utmost brutality. Although the police believe otherwise, it is for this excessive force that they normally use to disperse crowds that puts the police force’s human record in the bad books of rights bodies and raises questions over Presidents Museveni’s judgement of situations when he appoints and promotes officers in such high profile positions.

On the appointment of Mbabazi’s wife—from managing the Luweero-based arsenal to Presidential Advisor, Mr Nandala said: “This shows that everything in the country is now in the hands of two families; Kaguta’s and Mbabazi’s, meaning Uganda is now a partnership between two men and their families.”“The promotion of Maj. Gen. Kayihura is evidence that President Museveni is happy with what he is doing—abusing peoples’ rights, militarising the police and mistreating citizens with police machinery,” the leader of the opposition in Parliament, Mr Nandala Mafabi, said.

Although he did not give details, he added that all these promotions in the army are meant to hoodwink the public before first son Muhoozi Keinerugaba is also promoted to the top brass. Whereas Mr Godber says army promotion is more of an adhoc event, and at the same time wondering why of all people it had to be Ms Mbabazi to be appointed the Presidential advisor. Mr Ssewanyana wonders why the appointing authority tends to appoint people close to him.

The President’s spokesperson, Mr Tamale Mirundi, said the President has a right to reward anybody including those close to him. He said Ms Mbabazi has been part of the struggle to overthrow dictators, arguing that the President’s judgement was therefore among others backed by such personal commitment.

“You cannot compare somebody who has risked her life for the struggle with any other person who hasn’t,” Mr Mirundi said.

Defence and Army Spokesperson Felix Kulayigye said as the Commander In Chief, the President has the prerogative to appoint, fire and reshuffle as and when he likes. He, however, said the President's decisions on such moves are based on sober information and sound reasons.

Talk to Jazeera - Yoweri Museveni

PAC to cross examine Museveni

Museveni faces PAC today over Shs270b

SOURCE: THE DAILY MONITOR, 21 DECEMBER 2011

IN SUMMARY

The President is expected to explain his alleged role in sanctioning payments to various companies.

Kampala

President Museveni is expected to meet the Public Accounts Committee today as a principal witness in the alleged loss of more than Shs270 billion in various compensation claims.

PAC chairman Kassiano Wadri told Daily Monitor yesterday that the committee had assembled sufficient documentary evidence to engage the President, whom they accuse of authorising controversial payments to businessmen and private companies.

The meeting will take place at State House Nakasero at 10am.
“We have seen a lot of denials in these compensation claims but we hope our meeting with the President is going to set records straight,” Mr Theodore Ssekikubo (Lwemiyaga) said.

“This marks the climax of the entire compensation saga and we expect the President to help the committee come up with a fair and balanced decision on the matter. I hope he takes the opportunity to give guidance to the nation.”

The President is expected to explain his role in the payment made to Basil Engineering, relating to construction of Jinja–Bugiri road (Shs36.4 billion), city businessman Hassan Basajjabalaba’s Haba Group (Shs142.6b), Col. John Mugyenyi’s Rhino Investments (Kisekka Market) Shs14.9b), National Forest Authority’s contract with Beach Side Development Services (Shs5.2b),among others.

Regarding Basajjabalaba’s compensation for loss of business, the committee has lined more than five letters bearing President Museveni’s signature in which he allegedly sanctioned the payments.

Mr Basajjabalaba, Minister Syda Bbumba, former Attorney General Khiddu Makubuya, Justice Billy Kainamura, Governor Bank of Uganda Tumusiime Mutebile among others, have since told PAC that it was the President who authorised the payments.

FDC President Col. Kiiza Besigye Retires

SOURCE: THE RED PEPPER, 18 DECEMBER 2011

Dr. Besigye

THE WIND of change seems to be blowing at the opposition Forum for Democratic Change headquarters in Najjanankumbi. The party president Kizza Besigye on Thursday announced that it is high time he quit the most influential party position.

This was during the National Executive Council meeting in Najjanankumbi. Besigye had summoned a NEC crisis meeting the day before and ordered every senior official to attend.

Time check was 10:30am; Besigye clad in a dark blue suit arrived at the office where his entourage seemed to have waited curiously. Being an exclusive meeting for senior FDC party officials, scribes were not allowed at the premises.

Besigye who had spent a couple of months without stepping at his office looked excited. He was welcomed by most of the  party stalwarts, namely vice president for eastern region Salaam Musumba, the national council chairman Sam Njuba, and party mouth piece Wafula Ogutu among others.

Later they headed to the conference hall. On the agenda, were many matters but two were vital. Besigye began by addressing the burning issue to the FDC members; he made himself clear that he was ready to hand over power though his tenure expires in 2014. A source revealed to this newspaper last night.

“I am handing over power as the president of FDC, it’s my due respect and I have thought about this decision. I am mandated to do so though my term has not ended,” Besigye remarked.

He added: “The reason I have done this is because I want my possible successor to have ample time to sell his or her personality to the masses and party officials. I want my successor to get used to enduring pressure from our rivals. I know FDC has not fallen short of competent figures who can continue the struggle till we achieve our goal.”

Following the announcement, sources say everyone who attended the meeting seemed to have frowned in deep thoughts. Members whispered to each other on who will step in Besigye’s shoes and steer the party to State House come 2016. “Immediately names were suggested, including that of former army commander Gen. Mugisha Muntu”, an insider intimated.

Mugisha’s name was backed by many which indicated that he could be the next FDC president. The senior party members say Muntu would intensify pressure on NRM Government since he has many things in common with President Museveni, and he has a military back ground which many believe is an advantage for anyone to lead Uganda.

Besigye at the same time touched the issue of amending the party constitution to allow the president powers to appoint his or her own entourage. Initially it was the National Council which could appoint the party representatives.

Besigye’s idea was bought by many officials who requested the National Council meeting that sat yesterday to discuss the matter and forward it to the Annual Delegates Conference which will sit next year for endorsement. The National Council meeting was expected to be attended by 300 delegates comprising 141 NEC members, all party MPs and 112 FDC district chairpersons.

Sam Njuba chaired yesterday’s meeting. But Besigye said that he would not abandon the party. “My retirement doesn’t mean I am not involved in the affairs of FDC. FDC is my blood, family and I will remain fighting for sovereignty of our party like before,” he is quoted to have said. “Feel free to ask me anything regarding the affairs of FDC. Consult me and I will swiftly respond. Remember a politician can never retire,” he added sending the members into laughter.

Besigye’s retirement comes at a crucial time when FDC is in dire need of someone who can exploit the in-fights in the NRM camp ahead of the 2016 elections.

Police charge former minister Kabakumba with theft

SOURCE: THE DAILY MONITOR, 18 DECEMBER 2011

 

In Summary

Narrow escape. For not holding a public office at the time of conducting transactions at UBC, Police have cleared Information and National Guidance minister Mary Karooro Okurut.

After resigning her Cabinet job, former Presidency minister Kabakumba Masiko now faces a protracted court battle because the police have forwarded to the Director of Public Prosecutions the file containing details of four charges they have preferred against her.

The police have also found Information and National Guidance minister Mary Karooro Okurut not culpable in the suspicious sale of an acre of land in Bugolobi that belongs to Uganda Broadcasting Corporation (UBC).
But Ms Kabakumba’s file now awaiting the DPP’s sanction indicates that police investigations found out that the former minister was guilty of abuse of office, theft, causing financial loss and conspiracy.

“The file is with the DPP and next week is when we shall get directions on when she should appear in court,” a police source familiar with the proceedings told Sunday Monitor yesterday even though other sources in the DPP’s office confidentially said there was immense pressure and requests not to sanction the charges.

Ms Kabakumba, who was also in charge of the Kampala Capital City Authority docket, on Wednesday resigned following a fortnight of public and parliamentary pressure for her to quit because she was found illegally using UBC equipment in her private radio station in Masindi District.

According to police, Ms Kabakumba would be joined in the dock by four UBC engineers who were reportedly privy to the controversial transaction between the national public broadcaster and the former minister’s King’s Broadcasting Services.

By using the UBC equipment without paying, the police have estimated the financial loss caused by Ms Kabakumba to be Shs179 million. Part of the evidence against her is a confession by her radio manager and minority shareholder Busingye Harrison Magezi who stated that around May 2007, he applied to UBC to allow him access their mast at Kigulya Hill but did not get a reply.

Part of the confession reads: “…I was advised to make payment for lease application forms for rental facilities/service and return them to UBC.

The confession
“Since the process was likely to take long, I asked Engineer Lugya Sam to allow me access the mast and put up the equipment.

“At first Lugya refused the request but later accepted in the month of July 2011 on mutual understanding, I didn’t make any payment to Eng. Lugya.

“I have been using this transmitter until it was picked by UBC officials. Whatever was happening/taking place, I used to inform my co-director and the last time I informed her that the transmitter was down, she told me I see what do to…”

Mr Magezi has also been charged with causing financial loss contrary to Section 20 (1) of the Anti-corruption Act.

According to a delivery note by UBC, the transmitter plus all other components in it were bought from Italy at a cost of 35,130 Euros (about Shs108.5 million) including freight and insurance.

Asked why they dropped charges against Ms Karooro, the police said only UBC managers would be charged because by the time she made transactions in the land, “she was not holding a public office, therefore; was at liberty to make profit.”

“It was up to government officials to ensure that regulations were followed,” said a senior police source. Ms Karooro was given one acre of UBC land by President Museveni to set up a shoe factory but when she reportedly failed to get money, she sold her interests to Chinese investors.

Police CID chief Grace Akullo yesterday confirmed they had done their part and taken the ball to the DPP’s court.

FDC Treason suspects released on bail

Besigye dismisses ill health claims

 FDC officials held on treason granted bail

SOURCE: THE DAILY MONITOR, 13 DECEMBER 2011

KAMPALA

After a nine-hour wait for their bail to be processed at the International War Crimes Division of the High Court, three members of the FDC party accused of treason finally walked to temporary freedom.

Ms Ingrid Turinawe, the FDC Women’s League leader, Mr Sam Mugumya, the personal assistant to party leader Kizza Besigye, and Mr Francis Mwijukye, who heads the youth wing, walked to freedom at 5.30pm after a two-month incarceration at Luzira Prison.

Their march to freedom was greeted with chants and ululations by party supporters, mainly students from Kyambogo and Makerere universities, who had been waiting at the court since morning.

Justice Anup Singh Choudry, who granted the suspects bail, said they had produced credible sureties. “This case is fresh and they are serious charges but prosecution has not given an indicator whatsoever that their release would interfere with investigations,” ruled Justice Choudry. “In considering the application, there are two factors court has to consider, absconding bail and interfering with investigations.”

The release of the trio was prompted by applications through their attorneys Earnest Kalibbala and David Mpanga. According to the application, the accused persons have a right to bail and enjoy presumption of innocence which the State objected to, arguing that investigations were still ongoing. “We are gathering information from witnesses,” Mr Emmanuel Muwonge, the State Attorney said.

Justice Choudry freed the FDC officials upon presenting nine sureties and payment of a cash bail of Shs5m each. But the suspects will report to Nakawa Chief Magistrates for mention of their case.

Prosecution alleges that Ms Turinawe, Mr Mugumya and Mr Mwijukye and others still at large between August and October this year in Kampala, Hoima, Wakiso, Mityana and other places in Uganda, planned to overthrow the government by force of arms and expressed that plot at various meetings. According to the charge sheet, the suspects allegedly mobilised the launch of simultaneous riots countrywide.

The sureties

Name Position
Nandala Mafabi Leader of Opposition
Ibrahim Ssemujju Kyaddondo East MP
Florence Ekwau Kaberamaido Woman
Maj. John Kazoora FDC official
Godfrey Kayemba Masaka Mun. Mayor
Mathias Mpuuga Masaka Mun. MP
Roland Mugume Rukungiri Mun. MP
Anita Among University lecturer

Besigye goes to court over police pupu SOURCE: THE OBSERVER, 8 DECEMBER 2011

FDC president Kiizza Besigye (with back to camera) argues with Sam Omala, deputy Regional Police Commander, Kampala Metropolitan Police (North) during his 'preventive arrest' in October Attorney General says case is frivolous Forum for Democratic Change (FDC) president Dr Kizza Besigye is seeking the Constitutional Court’s interpretation of the police action of “easing” themselves around his residence. The retired UPDF colonel, who on October 28, through his lawyers, A.F Mpanga Advocates, filed a petition to this court challenging his ‘preventive arrest’ by the police at his Kasangati residence, has now added the allegation of police answering nature’s call on his land and exposing him and the community to risk of contracting diseases. In the petition, an aggrieved Besigye alleges that while participating in the walk-to-work campaign protesting high prices of fuel and essential commodities, he was unlawfully arrested on October 18 and detained for a week under the pretext of ‘preventive arrest’, an act he contends is inconsistent with the constitution. In his affidavit supporting the petition, Besigye states, among other things, that during this illegal detention, several policemen and other security operatives were not equipped with mobile sanitation facilities, yet they were deployed on his land and around his residence 24 hours a day. “They eased themselves in the paddocks and farmland and contaminated the public well, which is on my land, thereby exposing me and neighbouring residents to the threat of disease,” Besigye, a medical doctor, states in the three-page affidavit. Police became a laughing stock during Besigye’s detention over their lack of toilet facilities. This was after Besigye was caught on camera refusing the cops to use his toilet. Later on, a group of cheeky Makerere University students showed up at Besigye’s home with, among other things, a potty supposedly for the policemen to use. During Besigye’s house arrest, the deputy regional police commander (Operations) ASP Sam Omara and police force spokespersons, Ibn Senkumbi and Judith Nabakooba, told the nation that his home would remain besieged until he renounced any intention to participate in the walk-to-work protests, which police maintain are illegal. But Besigye is seeking compensation for the “unlawful” arrest and detention, citing article 23(7) of the constitution. He says during the week-long detention, he was unable to conduct his lawful business. Besigye also wants court to bar the government from detaining him under preventive arrest. “Grant a permanent order restraining the government and its organisations from detaining the petitioner at his residence under the pretext of preventive arrest and detention,” the petition says. However, referring to the petition as “misconceived, frivolous and vexatious”, and one that raises no issues for interpretation, the Attorney General, in response, says Besigye is not entitled to any remedies or relieves. “The petition is misconceived, lacks merit, is bad in law and does not give rise to matters for interpretation. It discloses no cause of action whatsoever as against the respondent,” states state attorney Ester Nyangoma in her affidavit in support of the Attorney General. During his detention, Besigye sued the Inspector General of Police at Kasangati Magistrate’s court. David Mpanga, Besigye’s lead attorney, argued that his client had been arrested twice and taken to his home, which is not a lawfully gazetted area of detention. The magistrate, Jessica Chemeri, ruled that it was wrong for Besigye to be detained for more than 48 hours without charge, and ordered his immediate release. The police withdrew from his home shortly before this judgement.

MUK students walk to Luzira prisons

Shs300b ID deal on brink of collapse

SOURCE: THE DAILY MONITOR, 5 DECEMBER 2011

The national identity card project, now facing procurement queries, corruption allegations and cash problems is on the brink of collapse, with a section of MPs already drafting a motion seeking to block it. The development comes amid fresh demands by government for an additional Shs118 billion to salvage the project.

The MPs led by Mr Michael Mawanda (Igara East, NRM) argue that the ID project was illegally taken to Ministry of Internal Affairs and fronted as a security matter in order to steal public funds. MPs are also worried that Ugandans might not get cards any time soon.

“We want accountability for all the money so far given to the German company taken to Uganda Registration Services Bureau,” Mr Mawanda said. “We also want this project retendered using open bidding and an ad hoc committee instituted to investigate allegations of corruption and reports that foreigners have infiltrated the government database.”

Mühlbauer Technology Group was contracted in March 2010 on the orders of President Museveni. There was no competitive bidding; instead, reports claim that the then German ambassador to Uganda, Reinhard Butchnolz, lobbied the President, a week before signing the contract.

The company was expected to deliver 3.5 million IDs by December 2010 and at least 21 million by the end of the project in June next year, but the firm last week released only 400 IDs, a year after it was hurriedly recruited outside official procurement methods and given billions of taxpayer money.

Government says the ID project is part of the National Security Information Systems Project, which is being implemented under the Directorate of Citizenship and Immigration in the Ministry of Internal Affairs.

However, any attempts by Parliament to terminate the ID contract will certainly leave the government with a legal battle on its hands, in which the German firm will demand compensation in billions of shillings for loss of business.By issuing the IDs, the government hoped to boost security; help eliminate corruption and aid in maintaining the integrity of the national voters’ register ahead of the 2011 polls.

A senior official in the Ministry of Internal Affairs told the parliamentary committee on ICT in August that a pilot test run for the issuance of the national IDs found data for at least 1.2 million people is wanting.

Mr Marcellino Bwesigye, the operations and Uganda National Identification Programme spokesperson, said during the registration process, EC officials did not attach evidence of individual citizenship, making some data unreliable. He said only four million out of 5.2 million people registered in the run up to February polls had valid data.

Seeking extra funding
Daily Monitor reported last week that equipment bought to make IDs is rotting away but the government now wants MPs to approve about Shs100 billion to complete the project. Muhlabaeur officials, however, declined to comment on the matter last week.

In what Mr Mawanda calls “duplication of efforts” in his draft motion, Shs100 billion is budgeted for under Human Resource Survey project, Ubos is spending more than Shs150 billion on National Population and Housing Census planned for next year and another Shs100 billion under Credit Reference Bureau undertaken by Bank of Uganda.
“Rwanda had an open tender in which they procured a UK firm. What is the security issue about age, sex, and religion?” Mr Mawanda said.

NRM drafts new law to silence MPs

SOURCE: THE DAILY MONITOR, 4 DECEMBER 2011

Prime Minister Amama Mbabazi talks to NRM MPs at a retreat in Kyankwanzi .

Five days after President Museveni attacked the 1995 Constitution and accused Parliament of sabotaging his projects, the NRM Caucus leadership has responded by drafting new rules which will among others silence critical members of the party in the House and ultimately help the President stamp his authority.

The new draft rules make it compulsory for members to vote in a particular way and binds members to support the agreed party positions in Parliament.

Any member who issues statements or leaks party information to the media and the general public without consent from the Caucus leadership commits an offence and could face expulsion and removal from party positions in Parliament.

Supporting the position of another political party [even if it’s in public interest] in a manner contrary to the aims, objectives and policies of the NRM and the Caucus attracts disciplinary proceedings against such a member(s).

While independent-minded members have described the new Caucus Rules of Procedure as unconstitutional, this newspaper understands that the draft was debated on Friday during a divided Caucus meeting at State House, Entebbe. President Museveni also attended this meeting where some lawmakers accused their leaders of dishonesty.

“This is a futile effort, the President and the NRM Caucus leaders should wake up and face the reality. Hiding behind the rules will not help in anyway. They should know that they are not the first to expel members from the party, the UPC people did it but the situation only got worse,” Mr Theodore Ssekikubo (Lwemiyaga) said. “The President should not run away from the mustard seed he himself planted and has begun to germinate.”

“We can only support these rules as long as they are in conformity with the Constitution and the Parliamentary Powers and Privileges Act, short of that the people behind these rules will be wasting time,” said Mr Wilfred Niwagaba (Ndorwa East). “The party can only sack me from their Caucus but not my constituency.”Ruhindi’s take
Debating the new rules, the Deputy Attorney General Freddie Ruhindi, reportedly raised serious objections on the legality of the draft, saying several provisions need to be re-examined to ensure that they are in conformity with the Constitution and other relevant laws of Uganda.

Ms Cerinah Nebanda (Butalejja Woman), another independent-minded lawmaker said: “We shall not accept and they should be mindful of the fact that we are peoples’ representatives.”

Amid protests
The draft rules come amid growing attempts by the government to silence critical media, restrict political activities through the Public Order Management Bill, and introduce longer pre-trial detention for real and perceived enemies of the state.
The leader of Opposition in Parliament, Mr Nandala Mafabi, yesterday described the NRM move as escapist and asked the NRM members to fight for their rights.

“It’s unfortunate to hear that some people are not happy that the 9th Parliament is working for the people of Uganda,” Mr Mafabi said. “Gagging members will stifle debate in the House and this will in the end make the 9th Parliament a waste of time.”

However, the Caucus leaders insist that “its objective is to facilitate a fair and transparent process by the Caucus for considering, generating and adopting a common position on any parliamentary business before the matter is tabled for debate in the House.”
The other objective is to strengthen internal cohesion within and amongst the Caucus members so as to give full effect to the appreciation of group merit in a multiparty democracy.

NRM drafts new law to silence MPs

SOURCE: THE DAILY MONITOR, 4 DECEMBER 2011

Prime Minister Amama Mbabazi talks to NRM MPs at a retreat in Kyankwanzi .

Five days after President Museveni attacked the 1995 Constitution and accused Parliament of sabotaging his projects, the NRM Caucus leadership has responded by drafting new rules which will among others silence critical members of the party in the House and ultimately help the President stamp his authority.

The new draft rules make it compulsory for members to vote in a particular way and binds members to support the agreed party positions in Parliament.

Any member who issues statements or leaks party information to the media and the general public without consent from the Caucus leadership commits an offence and could face expulsion and removal from party positions in Parliament.

Supporting the position of another political party [even if it’s in public interest] in a manner contrary to the aims, objectives and policies of the NRM and the Caucus attracts disciplinary proceedings against such a member(s).

While independent-minded members have described the new Caucus Rules of Procedure as unconstitutional, this newspaper understands that the draft was debated on Friday during a divided Caucus meeting at State House, Entebbe. President Museveni also attended this meeting where some lawmakers accused their leaders of dishonesty.

“This is a futile effort, the President and the NRM Caucus leaders should wake up and face the reality. Hiding behind the rules will not help in anyway. They should know that they are not the first to expel members from the party, the UPC people did it but the situation only got worse,” Mr Theodore Ssekikubo (Lwemiyaga) said. “The President should not run away from the mustard seed he himself planted and has begun to germinate.”

“We can only support these rules as long as they are in conformity with the Constitution and the Parliamentary Powers and Privileges Act, short of that the people behind these rules will be wasting time,” said Mr Wilfred Niwagaba (Ndorwa East). “The party can only sack me from their Caucus but not my constituency.”Ruhindi’s take
Debating the new rules, the Deputy Attorney General Freddie Ruhindi, reportedly raised serious objections on the legality of the draft, saying several provisions need to be re-examined to ensure that they are in conformity with the Constitution and other relevant laws of Uganda.

Ms Cerinah Nebanda (Butalejja Woman), another independent-minded lawmaker said: “We shall not accept and they should be mindful of the fact that we are peoples’ representatives.”

Amid protests
The draft rules come amid growing attempts by the government to silence critical media, restrict political activities through the Public Order Management Bill, and introduce longer pre-trial detention for real and perceived enemies of the state.
The leader of Opposition in Parliament, Mr Nandala Mafabi, yesterday described the NRM move as escapist and asked the NRM members to fight for their rights.

“It’s unfortunate to hear that some people are not happy that the 9th Parliament is working for the people of Uganda,” Mr Mafabi said. “Gagging members will stifle debate in the House and this will in the end make the 9th Parliament a waste of time.”

However, the Caucus leaders insist that “its objective is to facilitate a fair and transparent process by the Caucus for considering, generating and adopting a common position on any parliamentary business before the matter is tabled for debate in the House.”
The other objective is to strengthen internal cohesion within and amongst the Caucus members so as to give full effect to the appreciation of group merit in a multiparty democracy.

Police block Moroto opposition meeting

SOURCE: THE DAILY MONITOR, 4 DECEMBER 2011

The police in Moroto on Friday deployed in the municipality blocked an opposition meeting that was due to end yesterday. The two-day Karamoja regional meeting by the Uganda Peoples Congress at the Rural Training Center, was supposed to have started on Friday.

The Moroto police spokesperson, Mr George Obia, confirmed the development, saying the UPC meeting was illegal because the Force had not been informed in time.
“They would have notified us a week before the meeting but they gave us the letter at the same time they were intending to hold the meeting which is not acceptable,” Mr Obia said.

However, UPC general Secretary John Odit and Mr David Pulkol who were expected to chair the meeting described the police’s action as unfortunate. The freedoms to associate, assemble and demonstrate peacefully are civil liberties spelt out, not only in the Constitution, but also in international instruments to which Uganda is a signatory.

Mr Odit said the purpose of the meeting was not to harm anybody but to meet and gather views from UPC leaders from the village level to the national executive council, including the former parliamentary candidates in the region.

He said the meetings have successfully been carried out in other parts of the country. “We have done meetings right from Bukedi region, Bugisu, Sebei without any disturbance. Why should the police block us at this moment in time,” he said.

Government refutes reports on ID deal

SOURCE: THE DAILY MONITOR, 4 DECEMBER 2011

IN SUMMARY

State House says reports by Daily Monitor that the ID project is marred with irregularities is untrue and that President Museveni did not single-handedly contract the firm charged with producing the cards.

President Museveni did not “single-handedly contract” the German firm, Muhlbauer Technology Group, to implement the National Identity Card project, State House officials said on Thursday.

Daily Monitor reported on Tuesday, that Muhlbauer Technology Group was contracted in March 2010 without competitive bidding on the orders of President Museveni, after reported lobbying by the then German ambassador to Kampala, Reinhard Butchnolz, who met the President, a week before the contract was signed, to make a case for the firm.

But in a statement responding to that article, and a second one published on Wednesday, the officials said the Identity Card Project is part of the National Security Information Systems (NSIS) Project, which is being implemented under the Directorate of Citizenship and Immigration in the Ministry of Internal Affairs.

“All procurement regarding this project is classified, since it is of a highly-sensitive national security nature. This in no way implies that His Excellency The President single-handedly contracted the firm, Muhlbauer Technology Group, to do the job,” said the statement, sent by the President’s Deputy Press Secretary, Ms Lindah Nabusayi Wamboka.

The statement explains that the NSIS Project, launched in March last year as part of government’s effort to establish critical infrastructure for identity management, consists of three sub-projects; the establishment of a personalisation and data centre sub-project, the mass enrolment of the population sub-project and the issuance of national identity cards sub-project.

According to State House, the total amount of funds required for the full implementation of the project is Shs100 billion. However, for the last financial year, only Shs600 million was secured.

Significant strides?“This leaves a huge funding gap for the 2011/2012 year. The project is, by 2014, expected to have established a national data bank providing, at the click of a button, national information on biometrics, education, health, birth, death, economic performance, taxation, tourism, etc. in the country,” it says.

State House says contrary to claims in the Daily Monitor “that nothing has been done since the project was launched, a number of significant activities have been carried out.”

The achievements listed by State House include the procurement of 4,000 mobile data enrolment units, the training of 8,000 data capture operators and the procurement of 1,000 generators (mobile power suppliers).

In addition, the government has procured 87 servers for data collection and received 100,000 virgin cards, on which biometric particulars are printed, which are being stored at the Bank of Uganda. A Pilot Personalisation Data Centre has also reportedly been established, and the design for the national ID completed.

State House also said the biometrics of five million people have been captured, and are awaiting printing of their cards. On the enabling legislation, State House says the Uganda Citizenship and Immigration Control (Registration of Citizens and Issuance of National Identity Numbers and National Identity Cards) Regulations S.1 No. 16 of 2011 have been gazzetted and published.

“Contrary to the impression of sleaze and inefficiency that the Daily Monitor wants to associate with this important government project, the project’s biggest curtailing factor is shortage of funds,” says the statement.

“Despite our financial squeeze, noteworthy achievements outlined above indicate government resolve to successfully implement this project.”

Clerics reject Public order Bill

Is the Public Order Bill a ploy to numb the citizenry?

SOURCE: THE DAILY MONITOR, 3 DECEMBER 2011

A military police officer lashes suspected protesters in Kampala during the walk-to-work protests in April. The proposed law will give the security agents the mandate to use excessive force to quell protests.  

In Summary

Rights vs Creed? Faced with mass protests led by the opposition in April over high commodity prices, government found itself grappling with how to contain further protests. It came up with the Public Order Management Bill that, if passed into law, will mandate the police to regulate public gatherings and violently quell protests. Saturday Monitor analyses the Bill.

When on April 11 opposition pressure group, Activists for Change called on the masses to abandon their cars and walk to work in protest of increasing commodity prices catapulted by soaring inflation, government found itself in a cagey situation.
The protests that came to be known as Walk-to-Work were on the heel of the Arab Spring that has seen hitherto deeply entrenched governments in North Africa crumble. The government found it logical to curb any form of protests but since the right to demonstration is enshrined in the Constitution, it became a stumbling block to government scheme, or so it appears.

First was attempts to scrap the constitutional right to bail to deter potential protesters from rising against government by ensuring that riot suspects are kept on remand for up to eight months instead of the constitutional 48-hours-maximum. With stiff opposition to the scheme, government decided to and push through Parliament a new law to regulate public gatherings called the Public Order Management Bill 2011.

The Bill, now before Parliament’s Legal Committee, states as its intention, “to provide for the regulation of public meetings; to provide for the duties and responsibilities of police, organisers and participants in relation to public meetings; to prescribe measures for safeguarding public order; and for related matters.”

While this might appear noble, the detail of the proposed law reveals a hyena in sheepskin. This is a law that seeks to turn inside-out the norm in the realm of free expression and assembly in a democratic dispensation.

Already, it has come under attack from the Uganda Law Society, the Uganda Human Rights Commission and several civil society organisations individually or through a coalition set up to primarily focus a campaign against the Bill being passed in its current form.

According to the explanatory memorandum for the Bill, it among others “seeks to manage public order” and to “specify the procedure to be followed when organising an assembly, a procession or demonstration as well as the penalties and sanctions to be imposed upon those found to breach the proposed law.”

Mr Solomon Webaalearaali, a human rights lawyer with Street Law Uganda, says that alone means that government is seeking to take away what ideally is the essence of demonstration as a means of expressing dissatisfaction in a democratic society.

“Public demonstration has an element of spontaneity, but this law will seek to establish procedures like applying for permission to demonstrate and if you are denied by the police then you go through an appeal process and then a court process; that takes away the purpose of demonstration, imagine people wanted to demonstrate because they took a mother to deliver in Mubende and she was not attended to and she died, do they have to wait and go through all those processes?”

‘Control system’
Mr Ladislus Rwakafuzi shares the sentiment, arguing that rather than seek to regulate public gatherings, the law in its current form is only seeking to make illegal what should otherwise be naturally a legal right of assembly and expression. He says the law seeks to establish a “control” system.

“What this law is doing is to try take away what is a fundamental right by attempting to define what is a legal assembly and what is illegal which should not be the case,” he argues.

Maj. Okwir Rwaboni, a former Youth MP turned activist with the Center for Constitutional Governance, says the definition of “public meeting” under Section 6 of the proposed law is a transplant from an obnoxious colonial law against the people of Karamoja, which gave powers to police to disperse or arrest a meeting of any three Karimojong men.

The section defines a public meeting as “a gathering, assembly, concourse, procession or demonstration of three or more persons in or on any public road as defined in the traffic and Road Safety Act or any other public place or premises wholly or partly open to the air.”

“This law is not only draconian and obnoxious but rather violated the principles of humanity itself,” Maj. Rabwoni says, referring to Act 17 of 1956 apartheid South Africa, adding that the 1978 Riotous Assemblies Act in South Africa is greatly echoed in the Bill government wants Parliament to pass.

In defining public places where an assembly can be dispersed and the individuals arrested if they have not sought clearance for the assembly in Section 6(a) and (b), the law defines public places as those areas; “at which the principles, policy actions or failure of any government, political party or political organisation …are discussed,” in (b) the purpose of the discussion is defined as “to form pressure groups to submit petitions or to mobilise or demonstrate support for or opposition to the views, principles, policy, actions or omissions of any person or body of persons or institution including any government administration or government institution.”

Critics of the Bill say these provisions effectively take away any automatic right for people to assemble and questions government actions or inactions. Those jittery about the Bill in its current form say they are concerned that government is increasingly resorting to rule by law rather than rule of law. They argue that the spirit of the new law is a panicky reaction to increasing public pressure on government expressed through demonstrations especially over the last six years.

RDC tells police to use bullets on demonstrators

SOURCE: THE DAILY MONITOR, 3 DECEMBER 2011

In Summary

He said demonstrations are a tactical and systematic way to overthrow the government.

The Arua Resident District Commissioner has ordered law enforcement agencies to shoot demonstrators using bullets to curtail protests in West Nile sub-region.
Mr Ibrahim Abiriga, the head of security in the district, said demonstrations aimed at toppling an elected government will not be tolerated.

Detention
Mr Abiriga’s comments, come just a month after police shot dead two civilians in Nebbi District. The police officers are yet to be charged, while several of the demonstrators arrested at the time, are still held in various prisons, even after court granted them bail.
Mr Abiriga said the demonstrations are only a tactical and systematic way of overthrowing government, looting property and “therefore security agencies should deal with them harshly.”

Mr Abiriga, a former rebel with the West Nile Bank Front group, made the remarks during the World Aids Day at Arua Police Grounds. However, the police have said they will not use such methods to quell demonstration.

“Our policy is very clear that when we detect that people are going to become violent, we use community policing to solve their problem. But when there is riot, quelling is done with minimal force as stipulated by the international standards,” said Ms Judith Nabakooba, the deputy police publicist.

Mr Abiriga also attacked the donor community, saying they are behind the demonstrations. “These demonstrations are being organised by other forces like the donors. If I say the Europeans are disorganising us, they say I am insulting people.”
This is the second time the RDC has attacked the diplomatic community in Uganda.
During a meeting in May, Mr Abiriga accused the US and UK donors of sponsoring the walk-to-walk demonstrations, prompting the British High Commissioner, Mr Martin Shearman, to walk out of the meeting. Donors have on various occasions vehemently denied plans to distabilise the country.

Mr Abiriga’s remarks come amid reports that residents in Arua are planning a demonstration against the power shortage in the sub-region for more than a month now.

The country is currently experiencing a shortage in power supply and demonstrations have been held in Kampala, Lira and Masaka. While the rest of the country is connected to the national grid, the West Nile region depends on thermal generation for power and efforts by government to build a 3.5MW hydropower plant at Nyagak is yet to yield five years since construction started.

Residents have criticised the RDC’s remarks. Mr George Andiga said: “I think he still has mentality of the bush war and he should know that demonstrating is a right. It is one way of showing discontent and presenting issues but not overthrowing the government.”

Meanwhile, Ms Josephine Ajio, a resident of Arua town, said the comments by the district security head are regrettable.

Police ranked most Corrupt Public Institution

Political aide stings Museveni

SOURCE: THE DAILY MONITOR, 2 DECEMBER 2011

IN SUMMARY

Succession debate. Presidential adviser on foreign affairs says there are many leaders capable of performing better than Mr Museveni, but that they have been overshadowed and denied a chance.

President Museveni’s advisor on foreign affairs Musa Mushanga has argued that it is not just backwardness that is African’s main hindrance to progress as his boss has always said but the leaders who cling to power and wait to be removed by force.

Speaking to Daily Monitor on Monday at his home in Kagango Sub-county, the professor of criminology, also a former ambassador to Germany, said many African leaders stifle potential successors.

“I disagree with President Museveni who says Africa’s problem is backwardness. Africa’s major problem is its leaders who ascend to power and later forget where they came from,” he said.

Prof. Mushanga added: “It is terrible for our leaders to always wait for death to remove them from power. In many African countries elections are just a formality. They can’t remove those who have not performed to the expectations of the voters.”

He said there are more than 20 people in the country who can become presidents and even perform better than President Museveni. He, however, did not mention names.
“The only problem is that they have been overshadowed and have not been given a chance to show their potential,” he said.

‘Leave demonstrators alone’
Prof. Mushanga said government is not supposed to stop people from demonstrating but should only provide appropriate security such that the demonstrators do not destroy other people’s property.

“It is not the responsibility of police to deny people a right to demonstrate or assemble. It should not stop people from expressing their dissatisfaction with the services government gives them,” he said.

The professor said demonstrations can help government know where it is failing.
Responding to the issues, presidential spokesperson Tamale Mirundi said neither has President Museveni clung to power nor failed any potential successor.

“I agree with Mushanga that there are many Ugandans capable of becoming president but Mr Museveni has not blocked anyone. He has created conducive atmosphere for everyone to compete; people are free to contest. The problem is that people feel that Mr Museveni should appoint some but this is not a kingdom,” Mr Mirundi.

In a tell-it-all interview with Sunday Monitor in September, senior presidential adviser on the media John Negenda said the President no longer listens to advice. However, Mr Mirundi said the advisers should seek audience with the President instead of making outbursts in the media.

Uganda falls further down corruption ladder

SOURCE: THE DAILY MONITOR, 2 DECEMBER 2011

For the fifth straight year, Uganda has continued to score badly on corruption, according to the latest world ranking on perception of graft levels in countries around the globe.

Ranked among the most corrupt nations, Uganda is at position 143 of 183 surveyed countries in the 2011 corruption perception index released yesterday by global graft watchdog, Transparency International (TI).

The index, an aggregate indicator measuring perceived levels of public sector corruption, is drawn on assessments and opinion surveys with questions related to bribery of public officials, kickbacks in public procurement, embezzlement of public funds, and the effectiveness of public sector anti-corruption efforts.

Countries are scored on a scale of 0(highly corrupt), to 10 (very clean). Uganda scored 2.4, down from 2010’s 2.5. But government dismissed the ranking, saying it is devoid of “scientific substance” to offer accurate measure of corruption levels in the country.
Only Burundi posted a worse ranking than Uganda in the East African region, at position 172, while Rwanda, one of only two African countries in the top 50 of “very clean” countries, topped the region.

Mr Raphael Baku, the acting IGG, said he had “a problem” with the index because perception can often be deceptive. “They (reports) may give the impression that corruption has increased in the country just because of what is happening at the time of the surveys.”

But Prof. Edward Kakonge, the chairman of the Uganda Debt Network, said: “This ranking has been kind to Uganda. We are actually worse off.” “Your newspaper has been documenting a lot of corruption for instance this most recent thing with the national identity cards. There is no transparency.”

Recent graft scandals in the country include; the 2007 Chogm scandal, the botched LC1 bicycle deal and bribery claims in the oil sector.

Rights Organisation queries Public Order Mgt bill

POWER BLACK OUTS_mpeg2video.mpg

Implicated Ministers refuse to step aside

Uganda: The rotten state

SOURCE: THE DAILY MONITOR, 1 DECEMBER 2011

Many of the roads in Kampala City centre are next to impassable.

In Summary

How did we come to this? All over Uganda; homes, offices, restaurants, warehouses, and workshops are in darkness. The two main taxi parks in Kampala now look like farmland, with mud inches deep, everywhere.

Inflation is now past 30 per cent, profit margins have been eroded, the boarding schools realise that even their fee raise of last term was not enough to cover the effects of inflation but can’t bring themselves to announce yet higher fees.
Groups in Uganda that are known to be risk averse are now at the point of being desperate enough to strike and march in protest.

Garbage lies everywhere, from Kampala to Jinja, Mbarara, Entebbe, Masaka towns.
In two major by-elections since the February 18, 2011 general election, disillusionment runs so deep that the residents and voters of Entebbe - where State House is located and Luwero - where the NRA first set up its military base and where it supposedly has the undying support of the people, who sacrificed their resources and lives for Museveni - have rejected the NRM and voted Democratic Party candidates.

The fact that the choice of Entebbe and Luwero residents is the DP and not even the main opposition party, the FDC, suggests that Ugandans, Baganda at least, are starting to return to their tribal roots as the only protest against the 25-year rule of Museveni and his NRM.

Depression in Uganda
Today, except for the fact that the western media is focused on the Eurozone and US economic woes, they should be describing countries like Uganda as being in their own version of the Great Depression.

Something must explain this failure of state and society. It is fashionable in the media to lay the blame at the feet of President Yoweri Museveni and in most ways, rightly so. However, a closer, more detached view of Ugandan society reveals that Ugandans helped bring on this national collapse to themselves.

It is not entirely true that the National Resistance Army (NRA) guerrillas battled their way to state power in January 1986. Along the way, they formed “Resistance Councils”, held public rallies in towns and villages they captured, a crop of Makerere University students abandoned their studies and joined the NRA starting in 1981, and this broad view of the last 30 years shows a detailed process of alliances, negotiations and public support to the Museveni project.

Buganda since independence always has had its fixed, non-negotiable goal: the revival of Buganda power, prestige and wealth. It has been prepared to enter into any alliance with any political leader, military or political, dictator or democrat.

It is beyond question that Buganda played a major, perhaps the most critical role, in granting the NRA the legitimacy it so lacked in 1981 and so badly needed. The Crown Prince Ronald Muwenda Mutebi, who has since as Kabaka suffered innumerable indignities at the hands of the NRM government, toured the NRA’s “liberated areas” in late 1985, an explicit public endorsement of Museveni and his guerrillas.

Why? Because of the principle of “My enemy’s enemy…” Rather than demand the delivery of services, guarantee security across the board and create a system of merit-based recruitment to government jobs, various quarters of Ugandan public opinion since 1986 have chosen to strike private deals with President Museveni as a person.

So when the people of Kisoro to the southwest extreme corner of Uganda feel they have poor roads, schools and low incomes, they march to State House or wherever Museveni might happen to be and through manipulation of guilt and a reminder of how loyally they vote him, they extract a promise from him to appoint a “son of the soil” in his next Cabinet. Whether this Mufumbira “son of the soil” is relevant to the facts of their poverty or poor road, they don’t see and when a minister from Kisoro is announced, there is great jubilation. However, five years later, they start to notice that their main road to Kabale is still impassable and they are still without incomes and good schools.

Uganda’s tribalism
After the NRA came to power in 1986, so great was the relief and feeling among the southern Bantu tribes that this was now a start of sanity and return to innocence for Uganda that several Baganda “kadongo kamu” folk singers composed songs narrating how the NRA had defeated the UNLA.

The way the songs describe the UNLA, it is not that the NRA beat the then national army. It is that the NRA defeated “those northerners.” The message is clear and was clear all along, and remains clear to this day: the 1981-1985 NRA guerrilla war was a tribal war, pitting the Bantu-speaking tribes of central and western Uganda and the Rwandan Tutsi refugees against what was perceived as the “northerner army.”
The two main guerrilla leaders Andrew Kayiira and Museveni understood this southern tribal sentiment and played along with it.

Of course another glaring fact since 1986 is that the Uganda of today is as failed a state as it was in 1986. It was dedicated to consistent western diplomatic, military, intelligence, and financial aid to the Museveni government that had kept the regime in power this long. The West was tricked into believing the same “fundamental change” claims that millions of Ugandans believed in 1986. And like the Buganda kingdom, the West also had its long-term objectives. Over time, Museveni learnt to study what these western objectives were and adapt his entire foreign policy to meeting them.

So let’s endure the mud in the taxi parks and our neighbourhoods, the rotten state of once respectable schools, the erosion of any sense of shame by public officials. Let inflation get to 50 percent by mid next year. Let Museveni and his cronies abuse power at will. Let prison be filled with the innocently convicted. This is part of that divine punishment. When we are done with it, a new Uganda will emerge.