Fellow Ugandans,
One of our forumists wrote a question a few weeks ago as to what we could do to alleviate the current state of the media in country, and as I pondered about the question, I soon realized that the “Americans first amendment” has withstood many legal challenges since inception.
I wanted to highlight a relatedness that exist between our “Bill of rights”article 29 of our constitution and the “American Bill of rights” in the hope of encouraging those among us who are lawyers to seek American jurisprudence to amicably resolve our current censorship dilemma, which seems unconstitutional as it was handed down.
Measure for measure one finds inescapable reality in the duality that exists of both “spirit of intent”, and “worth of word” in print, between America’s “First Amendment” and our own bill of rights in Article 29 of our 2005-constitution both written below.
The two articles that bind us to a common destiny of protecting our freedoms as embodied in the letter of law can be used with the same duality of purpose to bring instructive court precedent to bare and provide relief to many journalist and media outlets that were gagged in the recent clamp down by the government.
Our courts need to seek out help with existing “First Amendment” jurisprudence from those who have travelled this road for 218 years. To constitutionally restore and boldly make a stand up for our freedoms like no other court has in the history of our nation. We need to defend against attempts to restrain and censor our freedom of speech and press. There is a need to address all the other draconian restraints that were recently imposed upon us by the government of Yoweri Museveni, in clear violation of constitutionally mandated freedoms.
Those 45 words first coined by James Madison, should be tabled with urgency, for us as during the December 17th 2009, meeting of tribes from the many regions of Uganda,which is slated to take place in Buganda.
I would urge those who are meeting, to force as outcome ,a universally acceptable “open meeting law” for each tribal state. The open meeting law, if adopted, will foster a more business like culture, an atmosphere of the highest ethical standard even with our cultural institutions. We are saying that every meeting that is deemed to affect the public, should be open to media and communicated to the public, even if it is convened by two as a way of reducing corruption.
All Ugandans saw first hand, the importance of having one aspect of a free media as a watchdog over our affairs, when we received first class utube video, news and photos of the murder scene of an important General in the history of our nation, I hope those that are advocating for the throttling of the media have been given enough reason for pause.
Americans’ first amendment to the U.S. constitution
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
~The First Amendment to the U.S. Constitution
The freedoms that they sought to protect on that day December 15th 1791, fifteen years after the signing of their “declaration of independence”, included freedom of speech, press, religion, assembly and petition; these are the very freedoms we are trying to protect below in our own constitution article. These words were embedded in the first ten amendments of the American constitution to make up the “American Bill of rights”.
Here is our own article in our2005- constitution speaking of the same protection of rights of individuals, our own bill of rights.
29. Protection of freedom of conscience, expression, movement, religion, assembly and association.
(1) Every person shall have the right to—
(a) Freedom of speech and expression which shall include freedom of
the press and other media;
(c) Freedom to practice any religion and manifest such practice which shall include the right to belong to and participate in the practices of any religious body or organisation in a manner consistent with this Constitution;
(d) Freedom to assemble and to demonstrate together with others peacefully and unarmed and to petition; and
(e) Freedom of association which shall include the freedom to form and join associations or unions, including trade unions and political and other civic organisations.
~Part of Ugandans’ Bill of rights in the 2005 constitution-~
I find many congruences in wording and meaning in the two articles to allow our constitutional lawyers to proffer similar arguments in our courts and to bring legal challenge to those who are currently violating our constitutionally awarded freedoms.
There is no illusion that many press censorship advocates tend to use a broad sweeping brush while trying to punish a few in violations of state laws. The use of “strict scrutiny” standards should not be used by government to make sweeping changes while in pursuit of content-based restrictions.
The danger arises when one man abuses such freedoms without applying due process as expected of all democratic societies, who practice a strict adherence to the rule of law as stipulated by their constitution.
We have to register our protests in the loudest manner possible to hold accountable our lawmakers and the judiciary alike and to show our displeasure with the add hock, intermittent convenient adherence and interpretation of our constitution by President Museveni.
He has used a very narrow interpretation to clamp down on citizens, a practice that has damaged the credibility of our elected officials. It also directly affects the growth of our politics and culture, taking us back to an era which we all are not too fond of; where such curtailments brought on gross abuses of human rights, unreported and behind closed doors.
I might as well add that those 45 words, embody an eluded civility that we have died for and now trying to grope for, in darkness, long after our independence. Like ones with impaired growth or gripped with Alzheimer’s, these simple words continue to dodge many emerging market nations, while their captive audiences look on as if those protective words, were inscribed in a magic mirror (“now you see it, now you don’t”), guarded only by a wand of their leaders, who are bent on torturing and abating their hope and optimism.
We must forge a petition of agreement, to break the curse of the magic mirror once and for all a consensus must be reached or a universal agreement, to remove all the barriers that have been prohibiting us from adopting and exercising these very rights, and we can include it in our “tribal engagement rules” charter.
For years many Supreme Court judges in America have taken a stub at interpreting it, and the first Amendment has stood the test of time: Here is but a few excerpts of opinions handed down, from those high profile cases that put the first amendment to the test.
“if there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or force citizens to confess by word or act their faith therein,” as Justice Robert Jackson wrote in the 1943 case West Virginia v. Barnette.
Justice William Brennan wrote in New York Times v. Sullivan in 1964, “the First Amendment jurisprudence has long recognized that prior restraints are incompatible with the notion of a free press. That hostility toward gag orders on the press stems from the news media’s critical role in ensuring that the public has sufficient information to monitor its government, as well as the centuries-old commitment to “uninhibited, robust and wide-open “debate”. New York Times v. Sullivan, 376 U.S. 254, 270 (1964).
On “strict scrutiny”
At footnote 10 of its opinion, the panel recognized that the purpose of applying strict scrutiny to regulations burdening speech is to protect a person’s right to “decide for himself or herself the ideas and beliefs deserving of expression, consideration, and adherence, .. . Government action that stifles speech on account of its message . . contravenes this essential right.” Rangra v. Brown, 566 F.3d 515,520 n.10 (5th
I would like to acknowledge the death of an icon,a civil rights activist and journalist Jack Nelson, who died a couple of weeks ago. He was an avid supporter of the free press and he has created many agencies that we can get help from to promote the same levels of protections that our American friends enjoy.Also check out these sites for guidance.
http://www.firstamendmentcenter.org/about.aspx?item=about_firstamd
http://www.rcfp.org/news/documents/index.php
Tendo Kaluma
Uganda in Boston
How to alleviate the current censorship state of the media
November 17, 2009 at 10:44 pm (2009 -2011 elections, Diaspora, MEDIA, legal issues)
Tags: Tendo Kaluma
Role of Traditional Leaders-What is the government’s strategy?
October 26, 2009 at 5:53 pm (2009 -2011 elections, CULTURE, Diaspora)
Tags: Tendo Kaluma
Fellow Ugandans,
Interesting speech from the president especially now in the aftermath of the Riots-note the time; August 2, 1993. At the opening of Mengo’s Lukiiko, why has the sharing of power with the Lukiiko not been such a good experience for the president?
Is he expecting too much from them or has this body been rendered a toothless tiger, mandated to lead but left virtually powerless. They were given all the titles to function as a regional government, but with no money and power to carry out their jobs effectively.
A couple of years ago, I ran into one attorney general of Buganda-who was young and full of brilliant ideas, my interest in meeting him was purely from the stand point of finding out what crimes being committed on Buganda soil to warrant his presence.
I wanted to know whether he had the powers to arrest a simple thief found stealing stuff in Buganda, and to my surprise he didn’t. Well some of our legal experts on this forum will cite the constitution and claim that it is binding and he as a regional attorney general, he is supposed to look the other way when a crime is being committed in his region!
So I will try to wear my not so dumb hat -and ask the question: why would you create a title for a man that every one recognizes automatically, as the keeper of the law and make him toothless? Why would the kalangala courts carry jurisdiction while the one legitimately recognized is rendered useless.
You are damn right ,we still have lots of work to do, especially with the kingdoms and the main regional of Uganda.
There among us folks who are all “gang ho” about East African federations, we will be eaten alive an a huge federation, if we are not able to put our own house in order. Putting our house in order will have to start at the ethnic village level and some way of finding an assembly that gives us one voice in UNISON-without inter tribal disputes in the overtone.
And now I see the president discovering newer kings within integrated ethnic tribes and something in me wants to warn them-and say don’t do it, you have just become another ladder in an NGO: Because he has not provided the support structure to give life to all those titles on paper as witnessed in Buganda.
Yet the people have placed so much faith in them as time tested structures to resolve a slew disputes including land, family and inter-clan misunderstanding. I hope his strategy is not to have as many stooges as possible to be used to resist inter clan reforms necessary to have a solid block.
If we cannot resolve democratization issues at the tribal level, what makes us think we can make progress when we merge with folks who bring a whole new baggage of problems.
There are issues such as the Nomads problem, that could be solved in a joint East African manner since we’d be looking at a huge chunk of land for grazing from each member, but house cleaning work has to be done by us first, and I’m not impressed with the half measures and effort that we have done in this realm.
The president seems to be undoing work on the tribal level that was done by ancient kings, and in doing so he is arming new kings with ammunition to bring about war within large integrated tribes like the Baganda.
I’m saying this of the entire country and it’s collective groups, not to exclude those original 15 tribes. There is incredible preparation work necessary to co-join and form unions for either a local or bigger federation, if that is the plan. Some of our folks don’t even know the budgetary requirements of their region or a constitution in place to protect them from the ill effects of any federation.
We could take a lesson or two from the recent forming of the European union. Countries were asked to carry out the necessary reforms that bring about ease of integration. When you look at us, we have been seating in this East African club of nations for some years now, but no memo has come from our top leaders there to give a heads up at the tribal or ethnic level or to provide with the required tenets, in preparation for the bigger thing.
People cannot be herded like that, they need time to get organized and structures need to be put in place to make such moves. We need communication from honorable kategaya, as to what they are planning for us in the future. Do you honestly think Rwanda is training all these IT folks without a plan ?
I’m afraid this preparation requires years not months. If this is happening now, it is being done so secretly that only a few people are made aware of it-but one cannot move 30 million people into an organization(East African federation) without preparing them, even cows going into a kraal in the evening need time otherwise they resist the rush.
Tendo Kaluma
Boston Residence and a Ugandan
Letter to President Barack Obama
October 26, 2009 at 5:10 pm (2009 -2011 elections, Diaspora, POLITICS)
Tags: lugwema FN
Modify the attached letter as appropriate and send to your Congressmen and other people. I just sent mine to Senators Robert P. Casey and Arlen Specter here in “rural” Pennsylvania. I will be sending the same letter every week until I get a response from one of the two senators.
Don’t ever give up, even as the US gives more aid to Uganda.
*13 Uganda Federal Union States*
AcholiAnkoleBugandaBugisu-Sebei
BukediBunyoroBusogaKaramoja
KigeziLangoTesoTooro
West Nile-Madi
Open letter to the Leader of the free World
Mr. Barack H. Obama, President of the United States
Dear Mr. President,
When you delivered that historical speech in Accra, Ghana, Africa „hang‟ on your everyword – in fact many of us still do! In that speech you acknowledged the tragic past that has haunted Africa, and reminded us that the West is not responsible for the destruction of the Zimbabwean economy over the last decade, or wars in which children are enlisted as combatants. Indeed, African leaders must take responsibility for the atrocities meted on the peoples of Africa.
Mr. President I am happy to inform you that efforts to take responsibilities for our own future have taken root in Uganda. However, the major concern is in respect to the United States‟ foreign policy towards Museveni which differs fundamentally from its foreign relations with other Sub-Saharan African countries. Indeed, despite Museveni‟s one-party style of governance,human rights abuses, the wanton killings of unarmed citizens, the United States continues to be supportive of his regime through aid which is said to be close to 50% of his budget. Moreover, the “soft-approach” to Museveni‟s regime taken by the United States in democratising Uganda is problematic and counter to the political democratization of the country and the responsibilities to the peoples of Uganda that Museveni should have assumed over the years. If this relationship continues, the United States would gravely be implicated in the gross human rights abuses that characterize Museveni‟s regime.
Over the last 23 years, Museveni has demonstrated that he cannot be trusted to open up the political space for a true multi-party system and for the rule law to emerge in Uganda. In addition, he amended the constitution to remove term-limits so that he can run indefinitely. Should Ugandans be concerned that the United States national interests would continue to impede Uganda‟s efforts to democratise? Such questions continue to boggle our minds but confident that you will ensure that they are dealt with appropriately.
The other most precarious human rights situation which exists in Uganda, and perhaps in the world, is the continual brutality being inflicted on the people in Northern Uganda. Therelentless war between Museveni and Kony has affected this part of the country for 19 years.
The issue of “ghost soldiers” made it very clear that Museveni had no intention of protecting people living in this region. What is not clear though, is why the United States continues to support Museveni irrespective of these irregularities. It would be comforting to learn from United States‟ actions that Uganda, the country, is important to the United States – not just Museveni; and hope that US foreign policy with Uganda will not act as an impedimental factor to enduring governance reforms that Ugandans seek.
May the Lord keep you safe for the good of humanity.
Christine Nabukeera
The Regional Tier versus Federalism
October 23, 2009 at 5:42 am (Diaspora, Federalism)
By Joseph Senyonjo
New York, New York
The Regional Tier versus Federalism
The New Vision reported on July 3rd, 2004 that the Uganda Cabinet had proposed a regional tier system for regions that desire it. The districts of Buganda would be deemed to have formed a regional tier. The central government would give some powers to the regional tier and to the districts. Districts would form a regional council.
The proposed regional tier system may at first glance seem to give way to de facto federalism. Indeed, while announcing the proposal, the government statement conceded one of federalism advocates’ major points: it pointed out that some districts are too small, and that the regional tier would enable them to pool resources.
Wherein lies the difference between Federalism and the proposed Regional tier? The fundamental difference lies in the conception and the spirit, as well as, the structural and constitutional underpinnings of the proposed system.
Structural and Constitutional Issues
There are two structural and constitutional issues that distinguish the proposed regional tier from genuine federalism.
First, the regional tier and the districts would essentially be mere agents of the central government. In genuine federal Systems such as those of the United States, Germany, Switzerland, Belgium, Canada and Australia, among others, jurisdiction is constitutionally demarcated among the three levels of government: Federal (central), State (regional) and local (districts, counties, cities) in such a way that none of the levels derives its fundamental powers from any of the others. None of the levels can arbitrarily infringe on the other’s jurisdiction. In the proposed regional tier these powers and privileges would be contingent on the central government’s goodwill. Worse still, the proposed regional tier would be dependent on the ability of the districts to work cooperatively with it while they, simultaneously, report to the central government. Federal systems have no room for the central government agents in local politics, at either regional or local levels, yet all Uganda’s districts have Presidential appointees, the Resident District Commissioners (RDCs), charged with overseeing the districts.
Second, federal systems are designed to ensure national stability through regional checks on powers of potentially autocratic central governments. Consequently, federal regions are indivisible, that is, they cannot be broken apart. Their boundaries are inviolable. The Uganda cabinet’s proposed regional tier system, on other hand, stipulates that districts could withdraw from the regional tier by votes of two-thirds of the district councils. Such an arrangement would be a recipe for instability and disaster due to the inevitable acrimony among the different levels of government. The system would render the regional tier hostage to the districts since districts could threaten to withdraw from the system. In effect, the regions and the districts would be powerless to check on the excesses of the central government, since they would ultimately be consumed in petty power plays among themselves.
The Conception and the Spirit of the proposed regional tier
The proposed regional tier further falls short of federalism in that it was clearly conceived as a stopgap measure designed to contain Buganda’s federalism demands. The abiding spirit within the cabinet was clearly that of the unitary status quo rather than genuine empowerment of all Uganda’s people through powerful regions that would work in concert with the central government to address Uganda’s chronic under-development. If it were otherwise, the cabinet would not have ignored submissions to the Constitutional Review Commission from Acholi, Bunyoro, Busoga, and West Nile that also requested implementation of a federal system of government for Uganda.
The Example of the American Founding Fathers
When the U.S. ‘founding fathers’ started their campaign for federalism, they set out to educate the people on the benefits of federalism despite the fact that not all American regions at the time understood, nor appreciated the need for federalism. Some political elites from the various regions preferred a confederacy that essentially left most of the powers to the states with the central government having very little power; others preferred a unitary system. The founding fathers were far-sighted enough to ensure that the new constitution would be grounded on a system that would ensure its stability. They choose federalism– over a both a confederation and a unitary system– based on the fact that it ensured that all regions could advance many of their economic and political interests without interference, or veto of the central government, while simultaneously ensuring that the central government was powerful enough to guarantee the unity and harmony of the country. Federalism ensured that all of America’s regions had a stake in the integrity of the constitution since it empowered them to protect their interests.
Major components of a genuine Federal constitution
First, there would be a national federal constitution that gives equal powers and privileges to all regions while allowing for regional differences in administration within the bounds of the national constitution.
Second, there would be states / regions with capitals and regional constitutions.
Third, there would be elected regional legislatures in which all the districts, or counties, in each region would be represented. Kingdom regional legislatures could have upper chambers specially representing cultural interests such as clans, and ethnic minorities.
Fourth, the governors of the regions, including the Katikiro in Buganda, would be elected officials. In kingdom regions, the candidates for election as governor, or Katikiro, in Buganda, would go through a nomination process with the involvement of traditional rulers. The traditional rulers would be the constitutional heads of areas where they are wanted, but would not be involved in partisan politics.
Fifth, the national legislature would have two chambers: the lower house, representing constituencies, and the upper house, similar to the senate in the United States, representing each of the regions. While in the lower house more populous regions would have more seats, in the Upper House all regions would have an equal number of representatives to guarantee that all regions small or big have an equal chance to protect, or advance their interests.
Sixth, the federal equalization concept would constitutionally ensure that funds are redistributed — via pre-established formulas — to less privileged regions to help them achieve and maintain standards of living which are, at the very least, comparable to the national average. The federal government would help ensure that social services such as roads, schools and hospitals in less privileged regions are built up to a desirable national standard.
In conclusion, unlike the proposed regional tier, or the 1962 constitution, a genuine federal system for Uganda would encompass all of Uganda’s regions. The architects of the system would have to transcend a 1962-like semi-federal arrangement, which many Ugandans mistakenly believe is representative of true federalism in a Ugandan context. The 1962 arrangement was not a genuine federal arrangement for Uganda. Under the arrangement, one region was heavily favored, because it was sophisticated and organized enough to strongly negotiate for a certain level of self-determination, while most other regions were content to cede much of their power to the central government. The system was so imbalanced that it exposed Buganda, the only true federal region at the time, to envious talk of being a state within a state.
In Federal Uganda all the regions would have equivalent constitutional powers to raise and mobilize resources locally, nationally and internationally, without undue interference from the central government. There would be elected regional assemblies and governors, along with special accommodation for the role of cultural leaders. Once empowered, by the federal constitution, all Ugandans regions would jealously guard it against encroachment. The Ugandan nation-state would for the first time in its history gain legitimacy in the minds of all Uganda’s people — leading to lasting stability and prosperity.
Long Live Federalism!
Visit www.federo.com, and check out the report that Ugandans in the Diaspora presented to Constitutional Review Commission regarding federalism.
Joseph Senyonjo
UAH forumist residing in USA
Dr. Henry Gombya lied about me in the story he published in the str8chronicle
October 23, 2009 at 4:55 am (Diaspora, POLITICS, torture in uganda)
Tags: john Rubin
Fellow Ugandans,
I convey this message to the UAH forum after many hours of restlessness and confusion, for the trust I feel was misplaced. I write this message knowing that many of you will read it with the purpose of understanding and of course, as in every society some may read it with indifference. However, I am not worried about that. This concerns Dr. Henry Gombya and the story he published in the str8chronicle, which I believe many of you have read. I here convey to you my reaction to the story he wrote and published without my prior consent for approval of the contents. He has since not replied to my e-mail I wrote to him expressing my disappointment. However, I convey to you the e-mail to Dr.
Henry Gombya in its entity, so that you may judge his journalistic work for your selves
and perhaps inform me and the forum what you think. This e-mail also puts right the statements which may have been deliberately or otherwise wrongly presented.
The purpose of his visit was to interview me about my case which also had been partly judged by the United Nations Human Rights Committee. The case had attracted many, including the Danish media who came to my residence in Denmark to interview me for the Danish Television. The UNHRC ruled that Denmark observed remedy and to make sure that the mistake never occurs again in the future. However Denmark ignored the ruling of the UNHRC and after waiting two and a half years for the implementaion of the ruling to no avail, I left the country with the purpose of requesting another country to inform Denmark to respect the ruling of the UNHRC.
I hope that this message will give you a better picture of what transpired, as opposed to Henry
Gombya’s ‘’sensational article”.
Byaruhanga Johny. Rubin.
UAH Forumist
Hello Henry,
I hope this e-mail finds you in the best of your health, as I appreciate mine. I tried to find the story on the internet this morning, but there was no network to my computer. I got the network a while ago and I have read through the story. Since you asked me to tell you what I think, I shall be honest with you. I think that you wrote the story hurriedly without even referring to the documents, the audio tapes and the notes which you took from here. Not only are there many mistakes in the story, it is also not written in a chronological manner. The story only raises more questions in the mind of the reader , as I mentioned above, chronology of the events
that led to my present situation was vital to the comprehension of the
story.
Without repeating what you wrote, let me give you some corrections. I am sure you will find the paragraphs that need correction.
1- I left Uganda in March, 1981. Within 24 Hours I was in Europe.
2- By 1983 I was undefeated in the German Bundesliga, so that I turned professional. By the end of 1984, the German Boxing Magazine, Boxsport ranked me no.10 in the World. The US Ring Magazine ranked me no.2 in the Commonwealth.
3- The National Resistance Army, NRA took power in January, 1986.
4- I requested the Danish police to communicate with the German Authorities to let me return to Germany which I considered home at the time. The police requested for the telephone number of where I was residing and I gave it to them. It was an unregistered number. The
next day I received a telephone call from the Danish Boxing Promoter, Mr. Mogens Palle. The police called me several days later and wanted me at their station. I went there and I was told that the Germans could not take me. At that moment the police advised me to apply for asylum in Denmark. They instructed me how to do it and they took my statements for asylum.
5- My sons Henry and Ronny, their mother comes from Gombe, Butambala. She disappeared during the war that overthrew President Idi Amin.
When Henry and Ronny’s mother disappeared, I met the Tanzanian girl who had come to visit her uncle in Kampala. Her uncle was a childhood friend of mine and so was the Tanzanian girl. I asked her if she could help me take care of my children because it was during the time of war and as a Platoon Commander, I was extremely busy. After several Weeks, she wanted to return to Tanzania. She told me
that if I wanted her to stay helping me with the children, I had to marry her. Thence we became intimate and she conceived. She is the mother of my daughter who lives in Denmark.
6- By 1989 when I learned that the National Resistance Army/Movement (NRA/M) had taken the children to their army, Ronny was 9 years old and Henry was 11 years old. They were not ”teen age”, as you put it in the news.
7- May 6, 1996 the culprit rang the doorbell. He could not have knocked the door. My appartment was on the 2nd floor.
8- When the man attacked me, I was trying to run away from him when he stabbed me on above my left wrist.I did not fight him. However, as I turned trying to run away from him, I tripped on the pavement and fell. That is when he stabbed me again twice, once close to my waist and once again on my buttock. Someone shouted from one of the apartments
above us and that is when the culprit fled. I saw him talking to a woman who spoke from the window above. He took the key from his pocket and opened the main door. I walked to the door and read the name on the apartment doorbell of which the woman spoke.I suspected that the culprit lived in the same apartment with the woman. As I tried to walk away from their main door, I was bleeding profusely. I felt dizzy and weak, so that I could not walk any more. I collapsed and was picked from there by the Ambulance staff and rushed to the Hospital. I spent about 4 hours in the Hospital.
9- The Doctors advised me to go to the police and make a statement about what had happened. I phoned a friend, Charles Muteguya (Not Mutebi) who came with a car and drove me to the Police where I identified myself. The Police Officer checked with the computer, after which he asked me, ”Bore De i Danmark?” Do you live in Denmark?. I told him that ”We
are speaking Danish. If I was not living in Denmark, where do you think I could have learned the language?”, I asked him. He then told me that according to the computer I did not exist in the Immigration files. He told me to sit in another room and wait, as he made telephone calls. He told me later that, ”We cannot find your immigration files and therefore we have to open a new file for you”. The new file was opened and I received a new Immigration Number. After that, my interview about how and what had happened to me commenced. I was assured by the police that the culprit would be apprehended. My friend, Charles Muteguya drove me home with his car.
10- Although my neighbours told me affirmatively that the culprit had been arrested, within less than two Weeks, after 10 days precisely I received a letter from the police stating that, ”the culprit could not be found, therefore the case is closed”.
11- On the way to dowtown Copenhagen, there was a bus stop, next to the Police Station. It is the Police Station that handled my case.
12- On the 31 July, 1997 I received a letter from the Danish Immigration Authority that my wife and daughter would soon be coming to Denmark. I was so happy, so that after preparing a meal, I decided to take a walk downtown Copenhagen. On my return that afternoon, my key could not open my apartment door. The lock had been changed. Whence I remained homeless for about a year. Later I received a letter from the Post Office, written by the police to inform me that all my belongings had been auctioned. Up to this day, there is no accountability of my belongings which the Danish police claimed to have auctioned without consulting me.
13- The last paragraph you wrote, ”The story took another turn when the Lawyer who defended him, Ms Tine Vuust, said she was shocked that a Court in
Denmark could find a person guilty of such a serious crime on flimsy evidence”. There was NO evidence atall. Even the boyfriend of the Prosecution’s witness to whose case I was allegedly linked, was not allowed to come to the Court and testify.
14- When I fled Denmark, I did not request for asylum in the Netherlands. This was the idea of my Dutch Lawyers who thought it necessary. My idea was to request the Netherlands to help me inform Denmark to respect the ruling by the United Nations Human Rights Committee.
15- Pastor Mient Dijkstra did not say that he would help me aquire asylum in the Netherlands. He is sympathetic and concerned about my situation and so is his family.
Although you interviewed me for several hours in which I told you almost the whole story about my troubles in Denmark and how my daughter managed to come,you wrote nothing about that. How I was instructed by the
Danish Immigration to go to Tanzania and bring my daughter and how she got stranded in Dar es Salaam for four years, was not mentioned. How I was eventually told by the Immigration Authority that my daughter could not be allowed to come to Denmark because I was ”not married” and how my fiance’e was deported from Copenhagen Kastrup Airport, was not mentioned. How my wife and daughter eventually got permision to come to Denmark, was not mentioned. Infact, how and why I was imprisoned is not clarified. How I was denied a Lawyer of my choice, is not mentioned. You have a copy of the statement made by the Court President, in which it is stated that, ”You cannot change the Lawyer….” You have not mentioned how I smuggled a letter from prison to another Lawyer, Mr.Tyge Trier. You have not mentioned that the Lawyer, Ms Tine Vuust wrote a letter to Mr. Tyge Trier to inform him that the Police ”has taken the Case File to be destroyed”, so that Mr. Trier
could not find out why I was in prison and why I was beeing deported to Uganda.
Henry, very frankly the story leaves many questions and infact gives a suspicion that I commited the crime for which I was imprisoned. Even the previous attempt by the Danish police to arrest me under, Anti Terror Statute was not mentioned. Do you remember, the Ugandan function in which the Ugandan Ambassador and other Diplomats were in attendance, after which the police squad came and ordered us out ‘’slowly”, that there could be a bomb? I was later informed by the Danish police that I was their prime suspect in the threat calls to the Ugandan Embassy and the bomb threat to the function I mentioned above. Well, all that did not qualify for a sentence in your story.
Anyway, atleast the correction of the errors I have pointed out will be a positive step, if you donot inted to re-write the story
correctly.
I wish you all the best, as I hope to hear from you at your earliest convenience.
Yours brotherly,
Byaruhanga, Jonny Rubin.
–
The True Byaruhanga Rubin’s Story in his own words(part 1)
October 23, 2009 at 4:34 am (Diaspora, Sports, torture in uganda)
Tags: Jonny Rubin Byaruhanga
Dear Ugandans
This concerns Dr. Henry Gombya and the story he published in the str8chronicle, which I believe many of you have read. I here convey to you my reaction to the story he wrote and published without my prior consent for approval of the contents
The story by Henry Gombya was, in my view wisely distorted. What I wrote to him expressing my disappointment is just the skeleton of the real story. I kept it from the UAH forum because of its sensitivity and the fact that the creators of the problem are heavyweights that I have failed to defeat after all these years.
When I conveyed my disappointment about Gombya’s story to the UAH forum, I expected questions. As I pointed out earlier, the corrections I made about Gombya’s story are just a ‘’skeleton” of the Story.
Do you remember the article about sports in Uganda that I wrote?
http://ugandansatheart.wordpress.com/2009/08/30/why-is-sport-not-taken-seriously-in-uganda/
I stated that the professional Boxing Promoters are very powerful, so that none messes with them. You mess with one, you’ve messed with them all. However, Germany did not do anything wrong to me. The problems are all from the time I was advised by the Danish police to apply for asylum. Although I gave the police an unregistered telephone number of where I was staying, it is the Danish Boxing Promoter who telephoned me and wanted to sign me under his management. After the advice from a compatriot who was, in my view very kind and honest to me, I turned down the offer for the boxing contract. I did not understand at the time that all the delays and derailments of my requests might be linked to the refusal of the boxing contract. Today, I suspect that the police made a deal with the Boxing Promoter to block my return to Germany, hoping that I would eventually sign a contract to fight for Denmark.
There were many disappointments over the years, but always thought that it was bureaucracy to blame. You have read through my mail of correction to Gombya’s story, so that you know a bit of what transpired. The ”Knock out blow” by the Danish police was when they approached me and claimed to ask for my help. They told me that they had checked me out and found that I was the Coordinator for Pan African Forum and President of the Union of Ugandans in Denmark. I had just left the class for the day, at the Danish School of Transport. They told me that if I did not mind, we could discuss the matter at their station. I said that I did not mind. They took me to the Police Headquarters. There, they showed me many photographs of Africans. They asked if I recognized any of them. I told them that I recognized some of them, at least by one name. They told me that those photos are of smugglers of illegal narcotics into Denmark and that’s why they needed my help. I asked how I could be of help. They told me that in my capacity as the Coordinator for the Pan African Forum and President of the Union of Ugandans, I was a well respected person in the African community. That they would take me to a Court Justice to whom I should say that I suspect Africans for smuggling and selling of illegal narcotics in Denmark. By that they said, the Court Justice would give the police authority to ”remove those Africans from the streets”. I told the police that I did not suspect any African because none of those in the photographs is known personally to me. I also said that if I did that, I would be telling lies to the Court Justice and I would later be charged for it. They told me that I should not worry about that because after investigating, the innocent ones would be released. I still told them that it would be wrong to incriminate probably innocent people. They angrily told me that if I did not help them, I would be the one to go to prison. They told me to think about it and left me in the office. After a while, they returned and asked if I had made up my mind. I told them that I had made up my mind. One of the policemen said, ”I knew you would be wise”. I told them that I have decided not to lie to the Court Justice. One of the cops punched me on the head and then lifted me by the shirt collar saying, ”You are going to prison now”. Although the punch on my head was very painful, I thought that they were trying to scare me. I believed that it was impossible simply to throw me into prison without commiting a crime. I was wrong. When I realized that they were serious, I asked to telephone my family. They told me that I had many years to telephone my family from prison. They drove me to the Vester Faengsel (prison). As I was escorted by the prison guard to the cell, I requested to telephone my wife, but I was told that I should have telephoned from the police because they, the guards are very busy. The following morning I was taken to the Court, only the Procecutor to request for my detention for two Weeks in isolation, while they carried on their investigation. The man who had been introduced to me as my Defence Lawyer, was even more aggressive than the police. He did not even ask to know why I was being detained in isolation. He only told me that it was a serious matter. After the Prosecutor made his request to the Judge, the Judge asked ”my Defence Lawyer” if he had any objection. He answered that he did not have any. The Judge then ordered that I be detained for two Weeks in isolation. I raised my hand and the Judge asked if I had something to say. I told him that, ”I was detained yesterday, but have not even communicated with my family”. He ordered that I be given a telephone to call my family. After about half an hour, I was allowed to call my family.
Anyway, to cut the long story short, I wrote a letter to the Court President requesting to change the Lawyer. I got no response, until I went to Court after the two Weeks in isolation. At the Court, the Judge introduced another Lawyer to me saying that my ”Lawyer is unable to come today due to lots of work”. I told the Judge that I don’t want him, and I have written to the Court President requesting to change my Defence Lawyer. He told me that before I am allowed to change the Lawyer, I should cooperate with the one offered by the Court. The lady Lawyer told me that I would not be released and that if I gave her a chance, she would try to find out why I was being held in prison. The Prosecutor requested for two more Weeks and that was granted.
On my return to the prison, I was told that I had a letter in the office. It was the letter I had sent to the Court President. There was a response on it that, ”You can not be allowed to change the Lawyer….”
After about three months, the prosecution brought a Tanzanian woman from prison, as their witness against me in a case that I knew nothing about. That’s when the woman claimed that in the Summer of 1999, she and her former boyfriend met me in Sweden and drove with me back to Dennmark. She claimed that her boyfriend had told her that I had 300 grams of heroin for her boyfriend. She continued to say that they brought me to my ”residence in Tingbjerg, Copenhagen. Asked whether she saw the heroin or heard her boyfriend and I talk about the heroin, she answered that she did not see any heroin and that she did not hear us talk about it. But she said that there was a smell of shit in the car. Asked where the smell came from, she answered that she did not know. Her ”boyfriend” was never brought to testify. I was then found guilty and sentenced to 2 and a half years in prison and expulsion from Denmark. I was shocked. My Defence Lawyer appealed the sentence. We returned to Court about 5 months later. The Tanzanian woman repeated her claims, but with lots of contradictions from her previous claims in the previous Court. She was asked whether she was sure my residence they drove me to was in Tingbjerg, Copenhagen. She replied that she knew the place very well and that she even had friends living there. She was later led out of the Court room. The Prosecutor then told the Court that after the testimony by the witness, I be jailed for a period not less than 3 years and be expelled from Denmark. My Defence Lawyer stood up and handed a document to the Judge and another one to the Prosecutor. She said that the witness for the Prosecution ”is not truthful”. She said that in the Summer of 1999 she, the witness for the Prosecution was in prison and that there was no possibility for her to have travelled to Sweden with her boyfriend. The Lawyer handed another document to the Judge and another one to the Prosecutor. She then said that according to the document from the Housing Company, I ceased to reside in Tingbjerg, Copenhagen on 31st July, 1997 and that it was also not possible that the Prosecution witness and her boyfriend could have taken me to my ”apartment in Tingbjerg, Copenhagen”. However, after that I was found guilty and the sentence from the previous Court was upheld. My Defence Lawyer tried to appeal the sentence, but the appeal was denied. She was subsequently removed from the case.
I was then transfered to Albertslund Faengsel (prison) where I was supposed to serve my sentence. In January, 2004 I smuggled a letter out of prison to the New African publications. You may find the letter on line in the New African of 1st February, 2004. The police had to warn me against such letters. Prior to the letter to New African I had smuggled a letter out of prison to another Lawyer. The new Lawyer sent a telefax to my former Defence Lawyer requesting for my case file, as he intended to represent me. The former Lawyer wrote him a confidential letter in which she stated that, ”The police has taken the case file to be destroyed”. Whether intentionaly or by mistake,I got a copy of the letter.The new Lawyer tried to reopen the case, but failed. I then sent a letter to the European Court of Human Rights. The Court sent me a document for the Lawyer representing me to sign. My new Lawyer told me that the European Court of Human Rights was not a good idea. He told me that he had sent the case to the United Nations Human Rights Committee. While the UNHRC was investigating the case and communicating with the state of Denmark in this regard, I was released from prison. Later the UNHRC ruled that Denmark ‘’should observe remedy and to make sure that the mistake never happens again in future”. Denmark appealed the decision. The UNHRC replied that, ”there was no Legal basis to appeal the Decision”.
I waited 2 and a half years for Denmark to correct their mistake, to no avail. Instead I got a letter from the police ordering me to leave my family residence and be detained in Sandholm, north of Copenhagen.
My coming to the Netherlands was to request the State of the Netherlands to inform the State of Denmark to respect the ruling by the United Nations Human Rights Committee.
Hopefully, the details will be in the Book planned for the people, especially my children to know what happened, should anything happen to me before the young ones are old enough to understand.
I know that some of the members of the UAH forum may be asking themselves the same question. Believe it or not, I am not with the habit of, ”an eye for an eye”. I was brought up with the knowledge that one lives peacefully forgiving those who tresspass against him. I have no intention to sue him, but I shall tell him if or when we meet again, that he hurt me very much. You saw the mail I wrote to him expressing my disappointment, but in a brotherly manner. I know that the Dutch family whose hospitality he dishonoured by publishing their photographs in the story that does not concern them, are very unhappy. The man is a Pastor and a Senior Official of Defence. I can not talk on their behalf, but if Gombya has to worry, the publication of that family’s names and photographs without prior consultation, should be enough.
I thank you for your concern.
BJ. Rubin.
UAH Forumist in Europe
Join the London demonstration against the brutal NRM government of thieves and criminals
October 12, 2009 at 9:48 pm (2009 -2011 elections, Diaspora)
Tags: semnda mustapha
Dear Sir/Madam,
You are invited to attend a demonstration on Saturday 24 October 2009 to denounce the recent brutal murder of over 30 Ugandans, the closure of over 4 radio stations and the arrest of over 1000 innocent people who are still in jail. The demonstration will take place at Terrace Gardens opposite 10 Downing Street from 3-7pm. The nearest station is Westminster station.
Everyone is invited regardless of any political affiliation or tribe. As long as you wish Ugandans the peace and freedoms you enjoy in the western world – you are welcome.
Just to let you know – we are also receiving intelligence reports from Uganda that the government is still arresting innocent people at night from their homes and never to be seen again by their relatives (panda gali). Some of the affected areas are Bwaise, Nateete and Makindye.
See the videos below and after please forward this message to all your friends. The future of Uganda as you know it rests with you and it is your responsibility to do your part. We hope to do our part, will you??
http://www.youtube.com/watch?v=A0OTmBN0xjU
http://www.youtube.com/watch?v=9KCnlVkj8K0
Thank you
Regards
Mustapha Semanda
Mixed bag of sentiments following the president’s visit to Boston
October 12, 2009 at 8:11 pm (CULTURE, Diaspora, KINGDOMS)
Tags: Tendo Kaluma
- Museveni and his machinery have killed with impunity in Uganda, case in point the recent orders to shoot rioters and the genocide in the North.
- Museveni has unfairly encercerated young men and women and now they are languishing in his prison from the recent riots.
- Museveni encourages the atmosphere of graft, by simply rotating perpetrators to new positions-and is not tough enough on corrupt officials.
- Museveni does not love the country like a native son, why else has he not followed Kagame’s act to root out corruption, instead he has left all Uganda’s institutions to rot.
- Museveni, has impoverished Ugandans while enriching his own kind, look at the jets, state houses and the birthing trips by the family.
- Museveni has been insular while Ugandans die of poverty and neglect in our hospitals,just ask yourself how much money you send home and ask anyone the experience of having a loved one as a patient in any state run hospital.
- Museveni has refused to create fair and balanced platforms of governance, look at the lossy loop holes associated with his restructuring end product.
- Museveni and his people have corrupted the entire nation, and we need to closely identify every person and accountant involved in cooking books to steal public fund and put them on notice even if it takes decades we shall recover our money.
- Museveni has refused to return things that belong to Buganda, and he has put the federo system on hold because he knows it will curtail all the embezzlement of funds by his un touchables.
- Museveni is selling off the country to his people, he has also picked judges that are quite partial to his cause.
- Museveni has not addressed many bread and butter issues, such as employment in the waisted 24 years, he has not even groomed an heir!
- Preserve the dignity of the King of Buganda and they will not rest unless issues are addressed or power is relinquish, they have had enough!
- Museveni is messing with county borders and territories to suit an undesirable end.
Uganda issue by VP,Bukenya Gilbert
September 21, 2009 at 8:37 pm (Diaspora, KINGDOMS, POLITICS)
Tags: Gilbert Bukenya
The Uganda Issue
My brothers and sisters, Uganda must move forward.
We should not delay its development any longer.
I am a very strong supporter of King Ronald Muwenda Mutebi and the Kingdom but I am also a very strong supporter of the Democratic Republic of Uganda in which the Kingdom is.
This means that we have to leave political power to the elected leaders of Uganda and cultural power to the Kingdoms and other cultural leaders within Uganda. These leaders know details of everything and if we give them time and a suitable environment they will surely come to a consensus. Distorting this will mean violence because we will react before knowing the bottom line of the situation.
We, the Baganda must know that we live in Uganda with other people of the same rights. When we demand, they also have a right to demand. When we destroy their properties, they may also have a right to do so.
Why can’t we live in harmony, love each other, respect each other and stop abusive language and the feeling that you are the only one!!!
My friends in the Diaspora just imagine you being segregated and even forced to leave where you are now because the natives don’t want you in their countries anymore? Would you welcome that?
Let us stop inciting hatred and confrontation. When one draws the gun what happens?? The innocent suffer and even die.
The question of a regional government is the answer to devolution of power. If the central government surrenders power to regions to manage education, health, road networks, culture, agriculture etc. this is a good beginning and regions can ask for more in the future after proof of efficiency and effective management.
Whatever we aspire to achieve, must be supported by other Ugandans.
We cannot work in Isolation.
Friends, alone we can do so little but together we can do so much.
Available at http://www.gilbertbukenya.org/unity.htm
Baganda: “We stand by our rights and demands”
September 13, 2009 at 7:40 pm (2009 -2011 elections, Diaspora, KINGDOMS)
Tags: micheal senyonjo
Baganda: “We stand by our rights and demands”
A collection of angry, disappointed and bitter Baganda met here in East London, Dunning Hall to discuss the horror unfolding back home.
It was a sombre occasion dominated by talk about bullets, deaths and funerals caused by a decision by the central government to refuse the Kabaka from travelling to Kayunga, Bugerere Country. Government’s unreasonable demands, together with the Kabaka’s determination to head to Kayunga forced the government to place His Majesty under house arrest.
Baganda agreed that President Museveni and his NRM are an occupying and colonial government that has to be resisted and resolved to:
- Become angry and show their anger at the state of Affairs in Buganda and Uganda.
- Not to fear military might and take responsibility for the benefit of their country.
- They declared that anyone who has died during the last 3 days of Museveni mayhem and brutality is a hero of Buganda who cannot be forgotten.
- They have agreed that the reason why Britain is such a great country is because the people here never forget those who die in the battlefield for their cause.
All Baganda pledged to work together with other nationalities of Uganda for the long term benefit of their people and country. They resolved that President Museveni’s methods of divide and rule will sink NOT only Baganda but the rest of the country and must be resisted.
The most striking resolution was the support for fellow Baganda who are battling forces of occupation. They declared that mass action was a right and legitimate way of expressing anger and resisting blackmail by the central government. Baganda blasted the Military government in Kampala for using excessive, unnecessary and illegal force to prevent people from exercising their constitutional rights. They deeply regretted that the Kabaka is under house arrest and:
- Unable to attend a scheduled function in Bugerere on Saturday 12th Sept 2009 because of presence of a hostile army of occupation around his Banda palace.
However, Baganda welcomed, a decision by the Kabaka not to force his way to Kayunga without state protection.
They decided to treat with caution, a statement purportedly written by Katikiiro Walusimbi in relation to the cancellation of the Kabaka’s visit to Bugerere. They resolved that the statement could be a propaganda publication by the occupying army authored by Inspector General of Police Kale Kaihura with the intention of confusing Baganda. They concluded that the statement was not on Buganda Kingdom’s head paper, nor was it read by Buganda Kingdom Information Minster Peter Mayega. It wasn’t read through C.B.S Radio, the official channel of Buganda Kingdom. People should be aware of impersonators.
Furthermore,
- There was a resolution to hold President Museveni personally responsible for the life and safety of Buganda Activist Engineer Alan Nakirembeke Waligo, Jaunalist Robert Serumaga and anyone kidnapped or murdered since the conflict began 3 days ago.
- A resolution was passed by members urging people to resume the total and indefinite boycott of New Vision and Bukedde, both government owned Newspapers in retaliation for the government decision to illegally closed down 5 Radio Stations including Radio Buganda’s CBS.
Most importantly, Baganda here declared that they have no quarrel with any Ugandan from anywhere, of any ethnicity or background but categorised their enemy as:
- President Yoweri ‘Kimeze’ Museveni.
- The Army and Police occupying Buganda under the command of Museveni and
- Baganda, or those calling themselves Baganda and working with Museveni and his forces of occupation.
Baganda further emphasized that the biggest threat to Buganda and Uganda are Baganda working with Museveni against the interests of Buganda and Uganda.
At the end of the meeting, all Baganda vowed to work for the restoration of the dignity of the Kingdom of Buganda and Uganda and concluded that:
- All conditions placed on the Kabaka and Buganda by the central government, which must be met before the government can guarantee safety for the Kabaka’s visit to Kayunga are illegal, unreasonable and unacceptable blackmail. They must be rejected. (UK Version shall report on these conditions in the next posting).
- Baganda confirmed that there should not be any negotiations between Buganda and the central government, or a meeting between the Kabaka and President Museveni until all Buganda’s demands are met. Buganda’s demands include return of 9000ssq. Miles of land, County headquarters and Federal system of government for Uganda.
Reported by Michael Senyonjo in London,
Dunning Hall,
Forest Gate.
Statement by Ugandans from Buganda Centre UK about the riots
September 11, 2009 at 1:42 am (2009 -2011 elections, CULTURE, Diaspora, KINGDOMS)
“Oguliko aseesa…………… “Awangaale Ssaabasajja Kabaka wa Buganda”
11th Sept, 2009
Statement by Ugandans from Buganda Centre UK
We Ugandans in the Diaspora are concerned about the deteriorating security situation in Uganda.
We regret the death of Ugandans shot in cold blood by security forces while exercising their rights which are guaranteed in the constitution. Our inner most condolences go to the families of the deceased.
In addition
- We are concerned about the continued flagrant abuse of constitutional rights of Ugandans by Uganda government.
- We are of the understanding that the government has a responsibly to protect and guarantee freedom of movement within Uganda for all Ugandans including all traditional leaders.
- We are shocked by a decision by security forces to switch off air, transmission by C.B.S Radio and other radio stations.
Given the above occurrences,
We strongly support the current civil mass action by Ugandans in the process of standing up and protecting their rights.
- We also call for a total and indefinite boycott of government owned New vision and Bukedde newspapers, as a consequence of the government decision to close down private media stations.
- We also call for a total switch off of both governments owned Bukedde and Vision FM radio stations.
- We call for a total boycott of goods and services provided by government associated companies including Zain Telecom, Warrid Telecom and UTL Telecom.
- We call for a total restriction of movement of all government vehicles in Uganda until government guarantees freedom of movement for all Ugandans
Now that we have come to this crisis point, its best that before issues are resolved, the following has to be done.
- Government has to commit to guarantee all civil rights of all Ugandans as enshrined in the 1995 constitution without any conditions.
- Government has to ensure that injustices inflicted on Ugandans during the 1966 crisis are corrected. There must be a complete return of the 9000 sq. miles to Buganda, a return of all county headquarters to the kingdom and introduction of Federal system of government for all regions of Uganda.
- There must be a complete overhaul and removal of the current Electoral Commission and replace it with one agreed upon by all stake holders. There must also be implementation of recommendations by all observers, as made after the 2001, 2006 general elections, in order to facilitate the conduct of free and fair elections in 2011.
- There must be a complete stop to the rampant government corruption that has left 2 million Ugandans facing starvation and unimaginable poverty.
- The government must remove from parliament the 2007 Land Bill and 2009 Kampala Bill because they are malicious, ill intended and aimed at destroying the cultural and good inter-relationship of the people of Uganda.
Ugandans in the United Kingdom
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Buganda Centre- East Branch: 130 Upton Lane, Forest Gate, London E7 9LW Tel: 020 8552 5027, Fax: 020 8470 7944, www.bugandacentreuk.com, emails: info@bugandacentreuk.com, bugandacentreuk@yahoo.com Registered in England and Wales Number: 6469609 |
Delivering the head of UNAA to the president should not be considered a good road kill for NRM
September 4, 2009 at 5:40 pm (2009 -2011 elections, Diaspora)
Tags: Tendo Kaluma
The country now more than ever is in dire need for independent minded thinkers to get us out of the quagmire of corruption, self destruction, unemployment and to improve the delivery of services in all sectors of our government albeit from a pool of the unencumbered, foresight third eye of the country.
Tendo Kaluma
Ugandan in Boston
