Thursday, 1 December 2011

Umeme load shedding protests close Entebbe road

SOURCE: THE DAILY MONITOR, 1 DECEMBER 2011

Protesters burn used tires  in the middle of Entebbe road.
Protesters burn used tires in the middle of Entebbe road.

Entebbe road was briefly closed this Thursday morning as the business community around Katwe protested the continued power outages that have affected their businesses.
Protesters, who included business people, placed huge stones in the middle of the road and lit fires using old tires, blocking traffic. Police quickly appeared on the scene to disperse the traders who were protesting the load shedding some claimed had gone for as long as five days in a row. There are now Police foot patrols around the area to ensure that protests do not resume.
Electricity power distributor Umeme announced two weeks ago increased load shedding from 12 hour schedule to 24 hour load shedding. Umeme cited the breakdown at the Mutundwe power station for the increased load shedding that has plagued much of the country.
The protests began at about 9:00am and lasted up to about 10:30am when Police was able to bring the situation under control. There were no reports of any arrests or injuries.
Why ID project stalled  
SOURCE: THE OBSERVER, 1 DECEMBER 2011

A national identity card project status report prepared by the ministry of Internal Affairs for the ICT Committee of Parliament indicates that most of the project equipment has depreciated and some has been lost before the issuance of IDs starts.
The project has so far cost Uganda 64 million Euros, besides another Shs 118bn needed for the operation of the National Security Information System.
Mühlbauer Technology Group, a German company, was contracted in March 2010 to deliver equipment (software and hardware) that would be used to establish a biometric identity management system for an accurate national identity register.
Mühlbauer is yet to receive its outstanding balance of 17 million Euros. While the equipment was delivered at the ministry of Internal Affairs, the report explains that it is no longer capable of handling the project.
“The stocktaking indicated a significant high depreciation, loss and damage rate for the field equipment used in the voter updating process,” the report states.
In preparation for the 2011 elections, the Electoral Commission borrowed the equipment from the ministry of Internal Affairs but the report states that it was spoilt due to negligence. So far, of the procured 4,065 kits, only 2,483 kits have complete working components while 1,582 kits have missing components.
The report shows that 746 cameras have been lost, 30 laptops, 10 signature pads and a fingerprint scanner are missing. Yet, only 41 laptops, 20 cameras, five signature pads and a fingerprint scanner had warranties.
So, despite the targeted projection of 5.2 million IDs by the end of this year, only 400 have been completed, while the data EC collected is obsolete and cannot be used for the national data bank.
This means that taxpayers will need to fork out more money to purchase more equipment that will support the capture of information needed for the data bank. Edward Baliddawa (Kigulu North MP), a member of the ICT committee, says the ministry of internal Affairs should be reprimanded.
“They hold the responsibility for the loss because EC gave them the equipment but they decided to abandon it,” Baliddawa told The Observer.
Baliddawa’s views were echoed by other committee members.
“What we don’t understand is if the ministry will replace the equipment or not,” Anthony Ssemuli (Buwekula) said.
Appearing before the committee on behalf of the minister of Internal Affairs, Dr Stephen Kagoda, the Permanent Secretary, admitted that there has been a delay in the implementation of the project, but he promised this would change.
“We are behind schedule, but we believe that we are now on track,” he said.
He added that the equipment would be refurbished.
But the committee resolved that the National Information Technology Authority takes up the project.
“As a committee we now recommend that the project be handled by NITA-U, and we need a strategy for the regularisation of the arrangement,” committee vice chairperson, Paula Turyahikayo (Rubabo county) announced.

Change in roles

Under this arrangement, the project would be handled by the ministry of ICT, through NITA-U. According to the roadmap that has been drawn, the first mass ID issuance will start by 2013.
So far, a few hundred IDs have been handed to government officials, including President Museveni and the Prime Minister, Amama Mbabazi.

UHRC rejects Bill against public gatherings

SOURCE: THE DAILY MONITOR, 1 DECEMBER 2011


There is growing resistance from the public over the proposed Public Order Management Bill, 2011,with the latest being from the officials of the Uganda Human Rights Commission who noted that if it is passed in its present form will not comply with the human rights norms as enshrined in the Constitution and Uganda’s international human rights obligations.
“The Bill should aim at facilitating rather than prohibiting demonstrations in conformity with the law. The Bill should be precise, and balance the right to assembly with other rights and should only impose restrictions that are acceptable and justifiable in a free and democratic society,” noted the UHRC chairperson, Mr Medi Kaggwa.
Mr Kaggwa while appearing before the Legal committee currently scrutinizing the Bill to give UHRC’s views said Parliament should as a matter of urgency take note and act on the human rights concerns raised.
He said that whereas the objective of the Bill to regulate demonstrations is good, the right to peaceful assembly is provided for in the Constitution and in the regional and international treaties ratified by Uganda.
“The Constitution provides that no person shall prejudice the fundamental or other human rights and freedoms of others  or the fundamental or any other human rights and freedom of others or the public interest,” Mr kaggwa said.
He insisted the police must respect, facilitate and protect without discrimination the enjoyment of people’s fundamental rights.
The Bill has been widely criticized by the human rights defenders, the opposition and the Law Development Centre with arguments that it  breaches the fundamental rights to freedom of assembly, association, speech and expression enshrined in Article 29 of the Constitution.
The Constitution states that “these rights are inherent and not granted by the State” (Art 20) and that they cannot be limited, except to protect the rights of others and/or in the public interest.
The Bill also introduces a requirement for organisers to seek permission from the police before holding a ‘public meeting’. A public meeting is also defined very broadly to include a meeting of three or more people, in a public place, that discusses any “principles, policy, actions or failure of any government, political party or political organisation”.
Further, the Bill gives the police broad discretion to refuse permission for a public meeting if they have ‘reasonable cause’ and places onerous burdens on organisers of public meetings, such as requiring them to pay compensation for any loss caused by the meeting.
The Bill also gives police the power to use firearms in situations where such use of lethal force may not be justifiable – such as in arresting a person presenting ‘danger’ and resisting the authority of the police officer. The committee is currently meeting the Uganda Law Reform Commission.

Tuesday, 29 November 2011

Fresh rot revealed in national ID deal

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Fresh rot revealed  in national ID deal
President Museveni displays the first issued Ugandan national ID earlier this year.  
In Summary
Foul smell. Equipment stolen or rotting but government wants more money for cards that might not work.

Equipment worth billions of shillings bought to make national identity cards is rotting away or has been stolen but government now wants MPs to approve more than Shs100 billion in extra funding to complete the project
Details of the extra funding request emerged in Parliament yesterday, a day after this newspaper reported that German firm Mühlbauer Technology Group, hastily contracted in March 2010 outside official procurement methods at the behest of President Museveni, had only produced 400 IDs despite down payments to produce at least 21 million cards.
At a crunch meeting in Parliament yesterday between lawmakers and a team of top government officials running the bungled national ID project, it emerged that the firm has so far received €47m (about Shs161 billion at current exchange rates) out of the €64m project.
It was also revealed that, contrary to earlier reports at the signing of the deal, the German firm was only required to provide equipment, software and training, not to produce the cards.
To actually give Ugandans national ID cards, government will require an extra Shs118 billion within the next three years, on top of Shs58 billion the country owes the German firm, the Executive Director of the National Information Technology Authority, Mr James Saaka told MPs yesterday.
This will put the total amount required at about Shs337 billion, more than five times what it cost Kenya and Tanzania to provide ID cards for their larger populations.
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That figure could be higher after MPs heard that equipment, including cameras and computers bought to collect bio-data had been rendered obsolete after collecting dust in the warehouses of the Works Ministry in Entebbe, while some had been reported stolen.
The equipment supplied by Mühlbauer was used ahead of the February 2011 polls by the Electoral Commission to collect bio-data for a reported 5.5 million new voters who had been expected to receive the first ID cards.
MPs heard yesterday that at least 30 laptops and 746 cameras have since gone missing. Of 4,065 pieces of equipment, 2,483 were still reported “present and working” while 1,582 were reported as lacking components, according to a report the Internal Affairs Ministry prepared for the MPs.
Mr Saaka’s submission that Mühlbauer was only contracted to supply equipment and not cards prompted MPs to question the authenticity and source of the 400 IDs that have so far been issued out to senior government officials including President Museveni and Prime Minister Amama Mbabazi.
“Those cards are fake,” Kigulu County MP Edward Baliddawa said yesterday. “Let us put the country ahead of all personal interests; what is clear in this whole ID thing is personal interest.”
Although he admitted that the project was behind schedule, Dr Steven Kagoda, the permanent secretary in the Internal Affairs ministry, said the project could be rescued if MPs approved the extra funding.
MPs, however, questioned the call to throw good money after bad, pointing out that the country had not received value for its money.
MPs also accused Mr Kagoda of failing to implement a 2009 presidential directive shifting implementation of the creation of a national population databank, from which personal IDs would be created from Internal Affairs to the ICT Ministry.
The political interference that ring-fenced the tender from competitive bidding is a throwback to an earlier tender that was aborted due to meddling by rent-seeking politicians and is likely to leave the country with a very expensive project which might not be compatible with ID cards from other EAC member states (see box).

Legal experts tell Museveni to back off Parliament

SOURCE: THE DAILY  MONITOR, 30 NOVEMBER 2011



Legal experts Peter Walubiri (L) and Benjamin Odoki (R) 

In Summary
Standoff. Critics say President’s reproach of the House shows he considers other government institutions and organs as mere formalities while actual power resides with him.

Legal experts yesterday asked President Museveni to apply brakes on his public mockery of Parliament, arguing such abrasive pronouncements “undermine the constitutional order” in the country.
Within seven weeks since October 12, the President has on three different occasions – at a press conference at State House Nakasero, NRM’s caucus retreat in Kyankwanzi and on Sunday in Soroti District, accused MPs of sabotaging development programmes he initiates.
Offering counsel in an interview with this newspaper yesterday, Chief Justice Benjamin Odoki, who oversees the Judiciary that is the custodian of the sanctity of our laws, said anyone dissatisfied with separation of powers can petition the Constitutional Court and the Judiciary “will pronounce itself on the matter.”
He said: “That is how institutions work under the doctrine of constitutionalism. We have kept our hands down; we are waiting. Let it [matter of power contention] come and we shall deal with it.”
Odoki’s take
Justice Odoki headed the commission that gathered views of Ugandans for the draft document later promulgated by the Constituent Assembly into the (now amended) 1995 Constitution.
Describing the present situation yet as political and a ‘moot point’, a reference to a debatable issue, the Chief Justice said the Judiciary will, however, not “delve into political matters.”
In his earlier complaints, President Museveni made clear no one would have dared challenge him during the bush days when he was commander of the then guerilla outfit, the National Resistance Army, which has since transformed into UPDF.
Constitutional lawyer Peter Walubiri, who is also UPC national treasurer, said Mr Museveni’s nostalgic references to his guerilla days expose his “inner ambition to rule with absolute power” and that he “abhors democracy, accountability and sharing of power.”
“The idea of checks and balances is that one arm of government cannot take decisions without being scrutinised or called to account,” Mr Walubiri said.
“The President wants to rule by his own whims yet, like any citizen, he can make mistakes. The idea that he wants to govern Uganda as if it was a rebel army or organisation is archaic and undermines the established constitutional order.”
The script of Mr Museveni’s complaint is that the 6th Parliament is responsible for electricity deficit in the country because it blocked construction of Bujagali Dam while lawmakers in the 8th Parliament, led by Kitgum Woman MP Beatrice Anywar and former Chwa County MP Livingstone Okello-Okello, rallied against his decision to dole out part of Mabira Forest and land in Acholi for sugarcane growing, resulting in sugar shortage.

The President has outlined that he was unhappy that the NRM-dominated 9th Parliament, in October, debated allegations that three senior ministers pocketed bribes from foreign oil companies, and the legislators without consulting him as party chairman, passed 10 resolutions, one of which imposed moratorium on all oil transactions until substantive laws regarding the sector are in place.
Yesterday, Parliament Spokesperson Helen Kawesa said the House was simply performing its three constitutional functions of oversight, representation and legislation. “May be it is being misunderstood as sabotage,” she said by telephone.
Dr Jean Barya, the Makerere University Law don, earlier said Parliament is to blame for the gathering stand-off because for long, it pandered to the Executive’s wishes, and as such, its attempt to “regain the lost teeth” is viewed by the President as insubordination.

Legal experts tell Museveni to back off Parliament

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Legal experts Peter Walubiri (L) and Benjamin Odoki (R) 
By TABU BUTAGIRA  (email the author)

Posted  Wednesday, November 30  2011 at  00:00
In Summary
Standoff. Critics say President’s reproach of the House shows he considers other government institutions and organs as mere formalities while actual power resides with him.

Legal experts yesterday asked President Museveni to apply brakes on his public mockery of Parliament, arguing such abrasive pronouncements “undermine the constitutional order” in the country.
Within seven weeks since October 12, the President has on three different occasions – at a press conference at State House Nakasero, NRM’s caucus retreat in Kyankwanzi and on Sunday in Soroti District, accused MPs of sabotaging development programmes he initiates.
Offering counsel in an interview with this newspaper yesterday, Chief Justice Benjamin Odoki, who oversees the Judiciary that is the custodian of the sanctity of our laws, said anyone dissatisfied with separation of powers can petition the Constitutional Court and the Judiciary “will pronounce itself on the matter.”
He said: “That is how institutions work under the doctrine of constitutionalism. We have kept our hands down; we are waiting. Let it [matter of power contention] come and we shall deal with it.”
Odoki’s take
Justice Odoki headed the commission that gathered views of Ugandans for the draft document later promulgated by the Constituent Assembly into the (now amended) 1995 Constitution.
Describing the present situation yet as political and a ‘moot point’, a reference to a debatable issue, the Chief Justice said the Judiciary will, however, not “delve into political matters.”
In his earlier complaints, President Museveni made clear no one would have dared challenge him during the bush days when he was commander of the then guerilla outfit, the National Resistance Army, which has since transformed into UPDF.
Constitutional lawyer Peter Walubiri, who is also UPC national treasurer, said Mr Museveni’s nostalgic references to his guerilla days expose his “inner ambition to rule with absolute power” and that he “abhors democracy, accountability and sharing of power.”
“The idea of checks and balances is that one arm of government cannot take decisions without being scrutinised or called to account,” Mr Walubiri said.
“The President wants to rule by his own whims yet, like any citizen, he can make mistakes. The idea that he wants to govern Uganda as if it was a rebel army or organisation is archaic and undermines the established constitutional order.”
The script of Mr Museveni’s complaint is that the 6th Parliament is responsible for electricity deficit in the country because it blocked construction of Bujagali Dam while lawmakers in the 8th Parliament, led by Kitgum Woman MP Beatrice Anywar and former Chwa County MP Livingstone Okello-Okello, rallied against his decision to dole out part of Mabira Forest and land in Acholi for sugarcane growing, resulting in sugar shortage.
The President has outlined that he was unhappy that the NRM-dominated 9th Parliament, in October, debated allegations that three senior ministers pocketed bribes from foreign oil companies, and the legislators without consulting him as party chairman, passed 10 resolutions, one of which imposed moratorium on all oil transactions until substantive laws regarding the sector are in place.
Yesterday, Parliament Spokesperson Helen Kawesa said the House was simply performing its three constitutional functions of oversight, representation and legislation. “May be it is being misunderstood as sabotage,” she said by telephone.
Dr Jean Barya, the Makerere University Law don, earlier said Parliament is to blame for the gathering stand-off because for long, it pandered to the Executive’s wishes, and as such, its attempt to “regain the lost teeth” is viewed by the President as insubordination.

Museveni attacks Constitution for empowering MPs

SOURCE: THE DAILY MONITOR, 29 NOVEMBER 2011


President Museveni has attacked the 1995 Constitution, saying the oversight powers it gives Parliament over the Executive undermines development.
The President made the comments on Sunday in relation to what he claims are legislative blockades of energy and commercial agricultural plans at Bujagali and Mabira Forest respectively.
“I am the President now sharing power with Parliament that is equally responsible for the failures,” Mr Museveni said during celebrations to mark the golden jubilee of the Anglican Church in Teso at Bethany Comprehensive Girls’ Secondary School in Soroti.
“Museveni brings an idea, Parliament blocks it and in short term you get problems of sugar and electricity,” he added, pointing out that during the Bush War that brought him to power, no one could dare to sabotage his projects.
It is not the first time the President accuses Parliament of blocking the initial attempt to develop a hydropower dam at Bujagali or turn over part of Mabira Forest to sugarcane growing.
However, it is the President’s strongest comments yet on the principle of separation of powers and checks and balances laid down by the Constitution, and comes amidst growing parliamentary outspokenness, particularly on governance and transparency in the country’s oil sector.
The comments also come amidst growing attempts by the government to silence critical media, restrict political activities, and introduce longer pre-trial detention for real and perceived enemies of the state. However, critics yesterday described the President’s position as escapist.


Blame game
Ms Alice Alaso, the secretary general of the opposition FDC party and also Serere MP, said President Museveni has always blamed failure on “anybody except himself” and accused the President of “desperately trying to change the Constitution in 2005 to have an upper hand over Parliament.”
MPs, some of whom received a Shs5 million inducement, then amended the Constitution to remove term limits to allow Mr Museveni run again in 2006 but plans to allow for a dissolution of Parliament if it disagreed with the President fell flat.
Theodore Ssekikubo (NRM MP, Lwemiyaga) said yesterday that the President should not look at Parliament as an enemy but as partner in nation building.
“He would be wrong to put the individual above institutions,” he said. Anglican Archbishop Henry Luke Orombi, who was the lead celebrant in Soroti, said multiparty politics should be used to help people achieve development, not to be looked at as enemies.
For instance, Archbishop Orombi said, a football match only attracts spectators if there is an opponent.
Archbishop Orombi also castigated politicians for being corrupt, saying instead of serving the people they have been taken up by the quest to amass personal wealth.
The Archbishop warned the clergy to desist from mixing church fundraisings with politics. The Church, he said, was above politics.