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Month February 2009

The truth about Amin and Acholis at Bulange


Idd Amin

I don’t know who told some Ugandans that the Police, Army and Prisons Officers were gathered at today’s Bulange by Amin however, whoever it is might have been told by someone else who had exaggerated the story. In other words, The story is false.

In 1977 all units of the Uganda Army, Uganda Air Force including the Military Police, with an exception of the General Headquarters of the Uganda Armed Forces received an order from the Command Post issued by President Amin himself that the Acholi and Langi had to be killed. It was nolonger a secret as military trucks and buses kept bringing the widows and their children to the Uganda Transport Company (UTC) Bus parks. Many widows and their children from the Western and Central Regions were left at the Kampala UTC Bus park, near Nakivubo to take buses to Gulu or Kitgum. I was at the General Headquarters Uganda Armed Forces, ” The Republic House”, as it was known then. It is the Bulange of the Kingdom of Buganda today. The order was ”Top Secret”, so that even the General Headquarters and its Intelligence personel were left in ” darkness’.

I was personally shocked when one evening I passed by the UTC park place in Kampala. This I did because I had received a phone call from a very close friend who was with the 2nd. Paratroopers Battalion in Fort Portal. The friend had told me about the killings and that the women and their children were being transported to Kampala. At my arrival at the UTC park, the place was overcrowded by women and children. I could easily notice that these were either Acholi or Langi. While looking around, I recognized a Sergeant Okello of the 2nd. Para. Battalion trying to get away.

H.E. President Lt. Gen. M. Micombero addresses the Public in Nakivubo Stadium on the 3rd Anniversary of the Second Republic. On his left is H.E. President Gen. Idi Amin of Uganda and on his right is H.E. Maj. Gen. Habyalimana president of Ruanda

H.E. President Lt. Gen. M. Micombero addresses the Public in Nakivubo Stadium on the 3rd Anniversary of the Second Republic. On his left is H.E. President Gen. Idi Amin of Uganda and on his right is H.E. Maj. Gen. Habyalimana president of Ruanda

I quickly followed him where he was trying to hide. He later told me that he was actually trying to hide from me. He told me that he was heading for Gulu, but the UTC officials had announced that the bus to Gulu would be available the following morning. Realizing that he was hungry, scared and unsure to get the bus to Gulu, let alone being recognized as an Acholi deserter by the State Research Bureau ( SRB ) agents who might have killed him with minimum delay, I took him to the Army Sports Club (formally known as Lohana Club). I had a room which I used as my dressing room whenever I went for boxing or volley ball practice. I instructed the chief cook (a civilian) to bring some food to my room, which he did and Sergeant Okello ate and slept in my dressing room. I instucted him not to open the door for anyone and promised him that I would personally take him to the UTC park the following morning. Before I left him he told me a lot which I verified with other colleague from his Battalion. The following morning, I came and the Chief Cook brought some breakfast to Sgt.Okello, after which I took him to the Bus park where he boarded the bus to Gulu. I met him at the ” Bulange” after Amin’s fall.

In the same year, 1977 after the killings of the Acholi and Langi, as I mentioned above, all the Officers and Men of the General Headquarters were summoned for a ” Briefing ” by the General Staff Officer, in – charge of Training and Operations, Brig. General Isaac Maliyamungu and the Commandant of the General Headquarters, Uganda Armed Forces, Lt. Colonel Pangarasio Onek. Brig. Gen. Maliyamungu said that he was surprised by the cowardice of the Acholi and Langi Officers and men who came to work, but simply diappeared before time, or sometimes came late and left before time. Lt. Colonel Pangarasio Onek turned and saluted saying, ”Iko watu wanachomachoma ao chindano kwa matako yao.” ( in a better translation, ”There are people who are scaring them.” )

At that moment Brig. Gen. Maliyamungu told the Acholi and Langi Officers and Men to name without fear anyone who has scared them. Maliyamungu promised to ”deal” with such a person whether he is an Officer or not. He instructed Captain Taban, the Adjutant of the General H/Qs UAF to write down all the names mentioned. Some hands were already up, most likely to name those responsible. One soldier was picked, stood up and saluted. The moment he started to speak, Brig. Gen. Maliyamungu instructed the soldier to sit. Maliyamungu said that some Acholi and Langi would be scared to talk in the presence of other tribes. At that juncture, he ordered all Officers and Men from other tribes to vacate the room. He again said that the Acholi and Langi must talk freely and name anyone responsible for their fear. At that moment I sensed danger. I told those seated near me, ” Let’s get out, you are not politicians.” Those who remained behind were overwhelmed by the troops who were hiding, but entered after we had vacated the room. We could hear them screaming. Lt. Colonel Pangarasio was not harmed. One of the soldiers who heeded my call to vacate the room was Sergeant Ouma, who later became one of the Body Guards of Brig. General David Oyite Ojok. He also saved my life when I was supposed to be murdered, that I was a ” Museveni Guerrilla.”

By the time Idi Amin took power in 1971, Dr, A. Milton Obote was very unpopular, but the Armed Forces, Police and Prison Services had a very large number of Officers from the Acholi and Langi. If the killings you mentioned occured to the Acholi and Langi Officers stationed around Kampala area, I think those stationed upcountry would have known, the consequence of which would have been a mutiny that would have collapsed the government. What I think happened, was that the Acholi and Langi officers and men were systematically picked from many army, police, prisons’ barracks and murdered. Those who survived the 1971 killing believed that those killed were Dr. Obote’s loyalists. I was at Kamuli College Namasagali at the time and many people were killed there and thrown in the River Nile. The Army Officers came to our college in the evenings and told us to walk quietly from our night preps (classes) to the dormitories. We were told by the Officers that the Army would be conducting military exercises and that we should not be alarmed. Later in the night, we heard gun fire that lasted about an hour. That happened on several occasions. The College dining room was situated close to the River Nile and we could see very clearly across the Nile to Bugerere side. The following morning from the supposedly military exercise, we were shocked to see many dead bodies floating on the Nile. Most of them were dressed in military uniform. As some dead bodies were stuck close to the dining room, some members of our College Staff used the school boat to push them across the river to the Bugerere side.

I am not saying for sure that Ugandans told about this did not happen, but the probability seems doubtful, as many Langi and Acholi, especially Acholi remained in their posts until years later. Many who were convinced that they had nothing to do with the deposed President Obote did not run into exile, and that’s why upon his return to power in 1980, Dr. Obote did not trust the Acholi. That was very clear when Brig. General David Oyite Ojok died and could not be replaced by any of the most high ranking Acholi officers

With this, I hope that more people who know the truth about what transpired during and after Idi Amin’s rule should come forward and let us know. It is only the knowledge of the truth that will heal our hearts.
May God Bless Uganda.

Byaruhanga, Jonny Rubin.

former UPDF Officer/residing in Europe

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How Museveni has duped Ugandans for so long


I am not accusing any Ugandan of supporting Museveni, just on record Museveni has no supporters and he needs no supporters from the word get go. Museveni operates by intimidation and his writing is very clear that if you terrorize the masses they obey. What I stated is that most ugandans became a victim of one of his ways. Museveni uses mass media today, but in Luwero he used what he termed Siyasa. They come on a village and pour out a barrage of information when it is all a lie and Ugandans buy it. They had a tactic of pilling up banana trees and then lie to the population that they have got a massive gun that is going to be used from Nakaseke and bomb Bombo barracks to smithereens. And a Muganda would show up at your door and tell you how he has seen such a huge gun in Nakaseke that is going to take Bombo Barracks down. The matter of fact was that they covered the pile of ‘bitooke’ with a ‘Tundubaari’. When you ask him if he saw the physical gun, a Muganda goes no but I saw it covered by Tundubari. Not only the population was targeted, so was UNLA.

NRA used to line up its fighters holding AK47’s then they would fire bullets as they were lined up, so one bullet from my gun to yours to the next one, and it kept on going on and on. The government soldiers listened to the firing and they failed to figure out what gun would fire that long without interval. They too thought that NRA had special weapon they never trained into. And this worked for NRA for it affected the soldiers physiologically. But much of it fruited for the population was ignorant.

And that ignorance did not start in Luwero, many Baganda actually believed that Sir Edward Mutesa had a gun installed in Lubiri but the Amin’s would not remove it for if they removed it the entire Kampala would collapse. That lie walked Kampala taverns till when Amin came to power. Bottom line there was no gun like that in Lubiri and it simply does not exist. The same Baganda belied that Tanzania forces had a gun called Sabasaba which would pick up a soldier among a group of people, they stated that if many people are sitting down the bullet will only pick up who ever had a uniform and a gun. No actually the reason not many civilians were not killed during that war was because unlike NRA, UNLF did not target civilians. And I will come back to that point after.

The same Baganda believed that President Binayisa brought equipment that can pin point a gun, and they said if you have a gun in your house they will simply walk into the house and pick it up. That equipment was not in Uganda and it simply does not exist. What I am accusing Ugandans is that they bought in those lies and half truths and they depended on them to make a decision of their political path, which was to follow Yoweri Museveni and NRA/M to ChakamuChaka.

Uganda never went to DRC for security reasons; your governors simply used the same ignorance of the population to build that war as they have built the war in the North for generations. When the French left Rwanda, they were replaced by the British and Americans and the main target was to replace the French and Belgium’s in DRC to mine as soon and as much as they could. DRC had minerals but DRC also had timber. It was a search of personal income, but in the process they used that time to make sure that they kill as many Hutus as possible.

You see before they go for a loot they have to get a story well written, they create the victim, who will be killed and then they will loot as the rest of you are praising their successes. When they wanted to take the land of Acholi they pumped up a name of Konny, a man that tried to fight Uganda and gave up twenty years or so ago. They maintained that name as the rest of you bought the story, the cows were driven to Acholi land and are grazing as you read this writing. Many UPDF officers own large farms in Acholi land and you can verify this with Kateregga, so you need to have the ability to question how a major can hold a farm in the North and Konny does not kill him but when an Acholi moves from his camp to his house Konny kills him. Surely Ssemuwemba can’t you question that? Did any one ever move his cows into Luwero and start to graze during the war? Why do we have thousands of cows in Acholil and today grazing and Konny does not affect them at all? Surely Ssemuwemba can’t you question that either? Why take the cows to Acholi land? Because many of those cows were looted from Karamoja and they would not survive in the land scape of Ankole which is wet grounds and rain, they needed a land as dry as Karamoja, and Acholi land was available for grabs. So pack the population in camps and graze the damn cows while singing Konny is killing the Acholis.

Uganda government went to DRC to create a safe heaven for the western companies that mine DRC dry and in return the Museveni’s Besigye’s were also allowed to loot as much as they would. It was a business investment, and that is why I was so offended by Ssabassajja who clearly knew what was going on in DRC when his own people were being sacrificed, yet made no stand about it. He actually at a certain point encouraged Baganda parents to register their children in UPDF. That is not the King I am interested in he should make the safety of his people number one.

There is no country that has lost people as DRC, in fact DRC makes Luwero deaths a joke. These murders were built on FRONASA which started it in Mbarara to Mawogola to Lake Katwe to West Nile to Kampala to Luwero to Kigali to Southern Sudan to DRC. The only common factor you have in all those places is Museveni and FRONASA. Dr Kiiza Besigye and Gen Mugisha Muntu will never write any thing for they cannot write about their actions. In fact that is why FDC is an urban party they cannot walk the villages for the people know what they did. Yes they can go to Wobulenzi, Timiina Naluvule Luwero and Nakasongola, but Kiiza Besigye cannot walk into Nakaseke for example, campaign and get a constituency, NO WAAAAAAAAYYY!!!!!!!! And he knows it. What I wonder is why men of great respect like Abbey Kibirige Semuwemba cannot understand that.

The reason civilians survive in Amin’s war was because UNLA and TPDF had specific instructions to make sure civilians are protected. UTC buses that were taking the soldiers to front line were comming back with civilians and putting them into community centers where they were fade. But many times those buses were traveling on roads that were under a watch of UNLA, they were always let go for the occupants were not soldiers.Yet the Dr Kiiza Besigye’s and Mugisha Muntu’s were targeting buses that were publicly known to be civilian buses, and I have already talked about Owinyi Kibul bus here. There was no single civilian bus that was bombed on Masaka road or any where that Amin’s war passed. So how can Besigye and Muntu speak today? That we blew up the population in Luwero in day light? That we were putting on UNLA uniforms in day light drive their LandRovers and we blow up people to make the Obote soldiers look bad? Ask your self why Tanzanians and UNLA never bombed the buses to blame Amin. And yet most Ugandans would have agreed that it is Amin killing people without question.

I am there fore appealing to you to slow down and look at these issues slowly, because much of what you were fade was to the advantage of the Museveni’s. We have had a great number of Rwandese in Uganda that have murdered very many of our people, and they have done it all under a cover of Obote is a bad man, many of those Rwandese left our country and headed back to Rwanda but many also remain in our country. And what we need from them today, is a right to stand in front of a commission so that they tell us what they know that happened, for 3/4 of the information we have on Uganda is about what Obote and his army did and much is a lie. If you do not know what FRONASA did in Uganda, you are in no position to blame Obote his government or UNLA. I also want to indicate that because the Museveni’s knew that they lied about Obote and UNLA to get to power, because they knew how Obote had a good intentions to lead Uganda to prosperity, but they did all the dirt on his back to be able to come to power, I believe that it was very instrumental in allowing him to have a state funeral. The Besigye’s, the Museveni’s and Mugisha Muntu’s knew that the murders were not committed by Obote.

What I fail to understand is why you the Ugandans that were fade those lies did not ask why Museveni offers a state funeral to a man he told that will be shot if he ever lands in Entebbe. That is the intelligent question Ugandans miss to ask their Museveni as he continues to use them as condoms.

Byeebyo ebyange !!!

Edward Mulindwa
Ugandan residing in Toronto

Intermarriages:Muslim are unfair to other beliefs


Muslims are practising double standards. So they want to sneak on non-Muslim daughters but they don’t want us to sneak on theirs? To me this proves that Muslims believe that it is only their religion that is superior and others are inferior. I don’t fancy religious debates because neither I nor you have been to Heaven to face our true living God and talk with him in order to know which religion is acceptable in the face of God. But the point remains muslims better revisit their belief or else they have a lot to lose at stake. So they think that our faiths, we who are not of the Muslim Brotherhood are indeed Kafir? How do you expect to have peace between Jews and Arabs if both sides have people who think like you?

It is very interesting that there was one NRM cadre (RIP) who had told me long ago in around 1991 – 93 that the Intermarriage card was one of the Aces up the NRM sleeve while still in the Bush as a solution for Ugandanising the population, the other being Land. Now, the cat has been let out of the bag on the Intermarriage card by the No. 1, unless of course he was misquoted, so then the Land card is for REAL!!!! Then what is the debate all about? But just a caution, engineered and forced intermarriages as Hitler did in the WW2 in Scandinavia and most countries of western Europe is no solution for a supreme race or defusing inter-tribal differences. This is proven up to today in Europe! I shall remain a person who does not drink milk mixed with blood and enjoy my enseenene while the other will value the dish of milk mixed with blood and stare at me in disgust when he /she sees me enjoying enseenene. God loves it that way, otherwise He wouldn’t have created us different in races, cultural norms etc. It is better for me to fall in love with a Nyaru while on our studies in USA or France than to bring one purposely and plant her next door in the plot next to mine because someone is so anxious to mix up our tribes, sorry, nations in the hope of solving an artificial problem. What happened in Rwanda ? Didn’t we have many cases of Hutu marrying Tutsi and vice versa? Did that stop the massacre/genocide? So what are we talking about here? Just curious.

ANNONYMOUS

Intermarriages:Marry my daughter as long as you’re a Muslim


Dear Ugandans,

Credit should go to Kabaka Kintu, who outlawed inter clan marriages or in house breeding, to borrow from MP Alex Onzima. He outlawed even one from marrying in his mother’s clan. Thus we have national integration in Buganda. Had Obote’s marriage with Miria Kalule was not foiled with 1966 crisis, it was the beginning of inter tribal marriages and we should encourage it.

For example, l don’t mind a person my child can marry so long as s/he is a Muslim. We have much in common as Africans, than what separates us. I don’t mind my daughter marrying a Congolese so long as he is a Muslim. Some Congolese Banyamulenge, Bahema, Balendu are nearer to us culturally than some of our tribes in Uganda. It is only the colonial boundary that is separating us. The Qur’an permits us to marry only people of the Book (The Bible) but not Animists as some people portray it. Muslim men are permitted to marry Jews and Christians but Muslim women are not allowed to marry non-Muslims. However a bi breed of religion may bring a half baked person. To be sincere with you l can not allow my daughter to bring a non Muslim suitor at my home. But she can bring any African so long as he is a Muslim. Some Ugandan Muslim parents belong to those that are after riches without considering which hands that brings them. Alhamdu Lillah l don’t belong to that category.I have attended many weddings in mosques and brides come in person and even write and sign on their registers and certificates. Visit any at Kibuli Mosque and you will see it. Some are held at Bukoto, Wandegeya and even Old Kampala.


Funerals

In Islam, as for burial, women attend burial, but not mixing up with men. I have attended many burials ceremonies especially of my own family and it is like that. I however know that some Muslims leave women folk at home for dodgy reasons but it is up to them to explain. The Qur’an dictates on how a woman should put on and it is no different from what St.Paul says in the Bible.

Arranged marriages

Like Africa and Asia, Islam also accepts arranged marriages although l don’t support them. There is no baptism in Islam, only God orders us to give our children good names. l can call my self only Africa names like Kateregga Kimera Musaazi without Ahmed, Abbaas and Zuliarabi. Islam and Christianity came and we can not do away with them. Let’s accept them but without fanaticism. Youths can interact in schools, places of worship, social and cultural activities like sports and cinema, etc…..Some Ugandans/Africans attempt to portray themselves as Zionist Christians which they can’t become however much they try.

Intermarriages can be legislated if law makers practise what they say. I have told you how Kabaka Kintu outlawed inter clan marriages, and one marrying to his/her mother’s clan. It has worked well. Thus in Buganda there is no classism be economic, social or cultural. Baganda are either Kabaka, official, chief, clan leader or peasant. All offices other than that of Kabaka and bataka are not hereditary. One can rise from a peasant to a Katikkiro etc….

If Obote had behaved well, even my self may have married in neighbouring Busoga or Bunyoro/Tooro or Ankole, or even the North especially among the Acholis, Alur or Adhola and if l were looking for a Muslim girl, then among Bombo Nubians or Madi or Aringa. But Obote messed it up and it is no longer a fashion. But this generation can take president Museveni’s advice on intermarriages and they advance it. We should remember that Nkrumah also married a Coptic Egyptian, but other Ghanaians did not follow him. Mandela has gone with a Mozambican l don’t know how many South Africans married our Ugandans, and even James Wapakhabulo is the only cerebrated Ugandan who married a Tanzanian.

If Obote had become a father of the nation as Nyerere was in Tanzania, we would have admired, imitated and copied him by marrying from other tribes especially in the north. But his love with Buganda was short lived, despite the marriage and we cursed him. l used to see Amin in papers pausing with his wives Madina and Sarah. Madiina from Mukono in Kyaggwe, who later became a personal friend, and Sarah from Masaka in Buddu. No wonder l saw many men of the day marrying Nubian girls. l don’t know whether it was for political connection like the way many Baganda men are marrying into Museveni’s tribe now. For me I decided to get my fellow Muganda Muslim but of Kooki origin since l am of Buddu origin. Her mother’s line is of Baganda immigrants to Kajara in Ankole, whose mother is a Munyankore. On my part, my mother is of Mamba clan, the mother to my father was of Ngabi clan, but the mother to my grandfather was of Nte clan, a Mugangaizi from Mubende, and the mother to my great great grand fasther is a Muhima, from Lwera valley on banks of River Katonga. Remember l am a Luo Mubiito with branches in Buganda, Bunyoro, Tooro, Busoga, Bugwere, Acholi, Lango, Alu, Adhola, Bahrel Ghazal etc….l am Ugandan enough.

Maama Miria Kalule belongs to Ngeye clan; it is the same clan where the mother to my mather belongs. She is on drip at Mulago Hospital (Not Maama Miria but my grandmother Mariam Nakakande). Please pray for her recovery despite old age of 75. forget getting any son or daughter of mine joining UPC. They hear from grand parents that Obote and UPC killed people and that is all. So other parties may try to encroach on them but not UPC.

Marrying one wife

l am already married and l don’t intend to add on another. However I will encourage my brothers, sisters, sons and daughters to embrace inter tribal marriages because they can save our country. Am bringing my up my children as African Muslims and there is no way they can disobey me. They know what we want as a family and what we don’t want. So they can not do that. Politically l have never indoctrinated them, but they are all NRM sympathisers and boys volunteered even to put up Museveni’s posters in our village and beyond. But among the daughters, one is a constructive critique of NRM.

Yes, a nation of tolerance does not mean producing half baked people. One should practice a religion of his parents and to that, inter religious and denominational marriages should be discouraged. That is the position of Bishop Marthias Ssekamaanya of Ligazi Diocese. He even repeated it recently in the presence of Kabaka Mutebi, VP Bukenya and Cardinal Emmanuel Wamala. A Ugandan should be my brother and my friend where each should tolerate another’s religion but not sneaking on my daughters nor should l do the same to yours. The best is to take Bishop Mathias Ssekamaanya’s advice, don’t allow inter religious marriages, practice in house breeding as far as religions and denominations are concerned.

Ahmed Katerega Mussazi

UAH forumist
Kampala

Let Ugandans compile evidence against their leaders for ICC


I guess Ugandans are saying that Museveni and his Tutsi Generals are the law and the Law is the same Museveni and his Tutsi Generals. For now it looks that. Anyway, on a wider aspect if anyone is not happy with ICC, let him/her be aware that there is a Review Conference of the International Criminal Court Statute that took place sometime after July, 2009 to consider amendments to the treaty that founded the International Criminal Court. This can only mean the Court is going to be there and it will only get better to put those bent to impunity into the dock.. The Review Conference will only get ICC to a better form if members of the Assembly of States Parties put their contributions positively.

The NRMO or Museveni supporters who are apprehensive of the ICC should reconsider fully embracing it after all Uganda is already a member of the Assembly of States of ICC and next year Uganda shall be hosting ICC in Kampala. This was decided at the seventh session of the Assembly of States Parties in November 2008. The Assembly decided that the Review Conference of the Rome Statute shall be held in Kampala, Uganda, during the first semester of 2010. Just to add onto that, this Court is governed by the Assembly of States Parties and Uganda is one of the parties. The Assembly of States Parties is the Court’s management oversight and legislative body and it consists of one representative from each state party. Each state party has one vote and every effort has to be made to reach decisions by consensus. If consensus cannot be reached, decisions are made by vote. This is how the Court manages its four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry.


One Ugandan called Abbey Kibirige  Semuwemba wanted to know the appeal procedures. This can be found in the Judicial Divisions of the Court. The Judicial Divisions consist of the 18 judges of the Court, organized into three divisions — the Pre-Trial Division, Trial Division and Appeals Division — which carry out the judicial functions of the Court. These Judges are elected to the Court by the Assembly of States Parties. They serve nine-year terms and are not generally eligible for re-election. All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of the same state. They must be “persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices”

The Prosecutor or any person being investigated or prosecuted may request the disqualification of a judge from “any case in which his or her impartiality might reasonably be doubted on any ground”. Any request for the disqualification of a judge from a particular case is decided by an absolute majority of the other judges. A judge may be removed from office if he or she “is found to have committed serious misconduct or a serious breach of his or her duties” or is unable to exercise his or her functions. The removal of a judge requires both a two-thirds majority of the other judges and a two-thirds majority of the states parties..


Let us get another point clear too. ICC is an independent international organisation, and is not part of the United Nations system. It is legally and functionally independent from any body including the United Nations. However, the Rome Statute grants certain powers to the United Nations Security Council under Article 13 of ICC. This Article allows the Security Council to refer to the Court situations that would not otherwise fall under the Court’s jurisdiction (as it did in relation to the situation in Darfur, which the Court could not otherwise have prosecuted as Sudan is not a state party). Article 16 of ICC allows the Security Council to require the Court to defer from investigating a case for a period of 12 months. Such a deferral may be renewed indefinitely by the Security Council. During the negotiations that led to the Rome Statute, when deciding on its jurisdiction, a large number of states argued that the Court should be allowed to exercise Universal jurisdiction. However, this proposal was defeated due in large part to opposition from the United States. A compromise was reached, allowing the Court to exercise jurisdiction only under limited circumstances:

  • where the person accused of committing a crime is a national of a state party (or where the person’s state has accepted the jurisdiction of the Court);
  • where the alleged crime was committed on the territory of a state party (or where the state on whose territory the crime was committed has accepted the jurisdiction of the Court); or
  • where a situation is referred to the Court by the UN Security Council

The Court cooperates with the UN in many different areas, including the exchange of information and logistical support. The Court reports to the UN each year on its activities, and some meetings of the Assembly of States Parties are held at UN facilities. The relationship between the Court and the UN is governed by a “Relationship Agreement between the International Criminal Court and the United Nations”.

The Court is intended as a court of last resort, investigating and prosecuting only where national courts have failed as it has been stated clearly by Abbey. It ought to be there to deter or prevent impunity where they occur. The issue of whether President Bush or Israel President are left of the hook is a matter of politics. The law is there and it is sending a clear message to these leaders with some tangible influence being realised though slowly. Even the recently invasion of Gaza by Israel is in the process. The only biggest downfalls at the moment are its power of arresting, prosecuting and enforcing its judgement. It has no police. It relies on the member states and that is why it may not be ast to drag Bush to the Hagues or for that matter Museveni or Kony!

As of February 2009, 108 countries have joined the Court, including nearly all of Europe and South America, and roughly half the countries in Africa. However, ICC in its current state has got some shortfall but it is a baby and it has all the good reasons behind its formation. It should be supported and developed to offer alternative justice to those who would otherwise not get any. We already have a world court, ICJ, but it only deals with cases between states. And this is what those who are committing impunity wants to hide behind. They want to dangles States immunity before your eyes will impunity continues unabated.

But ICC is meant to crack through the veils and that is what they done like. Also remember ICJ was established in 1945 by the UN Charter and the Court began work in 1946 as the successor to the Permanent Court of International Justice. The Statute of the International Justice similar to that of its predecessor, is the main constitutional document constituting and regulating the Court. But ICJ has dealt with relatively few cases only in its history, and there has clearly been an increased willingness to use the Court since the 1980s, especially among developing countries. As usual the stumbling block has been the United States.

In 1986 United States withdrew from compulsory jurisdiction of ICJ and so it now accepts the court’s jurisdiction only on a case-to-case basis. But the irony about this is that in 1948, following the Nuremberg and Tokyo Tribunals when the United States was then leading the show, the United Nations General Assembly recognised the need for a permanent international court to deal with atrocities of the kind committed during World War II and the USA supported it then. Since 1948 not a lot happen due to all sorts of thing including Cod War era.

But in 1989. A N R Robinson, then Prime Minister of Trinidad and Tobago, proposed the creation of a permanent international court to deal with the illegal drug trade and the idea was revived. Not a lot happened until 1995 when some small group of NGOs founded a Coalition that coordinated their work to ensure the establishment of an International Criminal Court.

Since then, the Coalition’s membership has increased exponentially as its original goal of establishing the ICC grew to a Coalition for the International Criminal Court that includes over 2500 organizations around the world working in partnership to strengthen international cooperation with the ICC; to ensure that the Court is fair, effective and independent; to make justice both visible and universal; and advance stronger national laws that deliver justice to victims of war crimes, crimes against humanity and genocide.

As of February 2009, 108 countries have joined the Court, including nearly all of Europe and South America, and roughly half the countries in Africa. However, these countries only account for a minority of the world’s population. A further 40 states have signed but not ratified the Rome Statute; the law of treaties obliges these states to refrain from “acts which would defeat the object and purpose” of the treaty..

Charles Eliba

UPC Activist/Lawyer

Buganda assets and negotiations


Kabaka Mutebi II

Attorney General made a presentation in parliament in 2009 while answering then Kampala Central MP Erias Lukwago. Our Foreign Ministry or that of Information and National Guidance or even the Parliament of Uganda, can help us. In summary, the Attorney General said that things that could be restored to Buganda without negotiations including palaces, Bulange, Tombs, Kakeeka etc… were restored in 1993 by the EBYAFFE Act after the constitutional amendment that restored kingdoms. The rest are and will be as a result of negotiations which are still going ON. He requested for a month to give full explanation. He however said that those like 9,000 sq.miles which he said is less, can be restored to Buganda Land Board as it was the case in 1962 Constitution , if a Buganda Regional Government is restored as the 1995 constitution as amended in 2005, is fully implemented.

 There is a difference between the traditional institution of kabakaship and Buganda Government. What was restored was the kabakaship as a traditional/cultural institution but not Buganda Government with a territory. The Buganda Government with a territory, a parliament to make laws, Buganda Land Board including akenda, are brought by the restoration of a regional government, you people are fighting. Even Bunyoro and Busoga who want it have been denied because the centre fears that regional government. Buganda has not been with poor negotiators but the kabakaship listened to many voices and we lost a chance of restoring our kingdom with cultural and political powers in 2005. Mulwanyammuli and his team including John Katende, Charles Peter Mayiga, Grace Ssemakule Musoke, David Kintu Wassajja, Apollo Makubuya etc… did a good job but were betrayed by the late Abu Mayanja and SulamAn Kiggundu who feared that Museveni and NRM were to get political scores. We may never get what we had got in 2005 thanks to hardliners like Muliika who only talk but even don’t fight. If time for fighting is over, then let’s negotiate. Our team should also include leaders of Buganda caucus in parliament and district leaders because those are the people with a popular mandate.

Under the 1995 constitution, customary tenants (including bibanja holders on akenda), leasholders are entitled for a freehold tittle. Unoccupied land was put under local governments. But districts under a regional arrangement can have a regional board. For the case of Buganda, Busoga, Bunyoro, Acholi and Lango, their districts are deemed to have accepted to cooperate under a regional government.

The monarchy is both cultural (ssaabataka) and political (kabaka). The cultural role is through clan leaders called abataka. That was what was restored in 1993 and which is verse 246 dealing with traditional and cultural leaders. But the political monarchy is restored by a regional government which, you have refused. Any body dreaming of having a king in the republic of Uganda with executive political powers the last being Kabaka Daniel Mwanga ll, should forget. Under 1955 Agreement Sir Edward Muteesa was titular head and that is what was entrenched in 1962 constituion.


AHMED KATEREGA
KAMPALA

AKENDA OR KAKAAGA?: IS IT 9,000 or 6,701 Sq Miles?


 1 The areas of Buganda as spelt out in the 1900 agreement was assumed to be 19,600 Sq Miles.  This estimate was made by the UK War Office, intelligence section.  Article 15 of the agreement states:  Assuming the area of Buganda amounts to 19,600 square miles, it shall be divided in the following proportion: Forests 1,500, Her Majesty’s Government under the control of Uganda administration 9,000, His Highness the Kabaka of Uganda 350, Namasole(the King’s mother) 16, mother of Mwanga 10, Princes(Abalangira) 32, Ab’amasaza(County Chiefs) 160, Official estates attached to the posts of the Ab’amasaza 160, the regents each got 32 totaling 96, Mbogo family 24, Kamuswaga of Koki 20, one thousand chiefs 8,000, Christian churches 92, Government stations i.e Kampala, Entebbe, Masaka, Mubende and Njeru, 50.”

2 The same article 15 of the same agreement further notes…and this is the important point:  “After a careful survey has been made, if the total found to be less than 19,600sqm then that portion (9000) of the country to be vested in Her Majesty’s Government shall be reduced in the extent by the deficiency found to exist in the estimated area,”

 

3 The survey was started two years after the 1900 agreement, the year of handover of Buganda from the War Office to the Colonial Office.  The survey was interrupted by WWI and finally completed in 1937.  The surveyors, Sergeant Major.E.Vaughn, assisted by WV. Morris found out that, the actual are of Buganda was 17,301 sq miles. 

 

4 Therefore the actual area of Buganda fell short of the estimate by 2,229 Sq Miles (19,600-17,301=2,229).  According to that same 1900 agreement, that shortfall was to be deducted from the 9,000 sq Miles, the famous

 

 

in addition to the above facts on “Akenda”, it may not be even as much as “Akakaaga” (6,701 Sq Miles) but rather, “Nkumi nnya” (4, 227 Sq Miles).

 

The 17,301 Sq Miles included swamps.  When they were deducted, the land area left is 16,138 Sq Miles.

 

Therefore the shortfall to be deducted from the 9,000 according to Article 15 of the 1900 agreement became 3,462 Sq Miles (19,600-16,138).  The Akenda then became 5,538 Sq Miles .

 

When Buyaga and Bugangaizi reverted to Bunyoro after the 1964 referendum, Crown Land in Buganda was further reduced by 667 Sq miles, therefore leaving 4,871 Sq Miles.

 

When Ranching Schemes were established in Buruli, Masaka and Singo, crown land was further slashed by 644 Square miles, therefore reducing “Akenda” further to 4,227 Sq Miles.

 

 

L/Cpl (rtd) Otto Patrick

 

(link to the agreement: http://www.buganda.com/buga1900.htm)

 

Buganda had no negotiators during colonialism


1/8  The language that was used by the colonial administrators in relation to the Kabaka of Buganda, in this case Kabaka Mutesa II was “interview”, “summon the Kabaka and educate him”, “bring the Kabaka to his senses”, “acceptance of decisions of future co-operation”, “if he refuses to comply”, “in the interview I shall require the Kabaka”….etc.  All those are quotations from a memorandum by the British Colonial secretary, Oliver Lyttelton around the 1953 crisis which as you very well know culminated in the Kabaka being shut out of Buganda.

 

2/8  Alternatively, let us  look back at some years earlier at the situation of Kabaka Mutesa II’s grandfather, Kabaka Mwanga, following the events of 24 Jan 1892 when a Catholic shot and killed a Protestant at Mengo, all in self-defence.  Kabaka Mwanga (himself a Catholic) tried the culprit and duly acquitted him.  Capt. Lugard demanded that the catholic be handed to him for trial and execution.  Kabaka Mwanga rightly deemed that to be an infringement on his authority and he refused Lugard’s orders.  Lugard immediately issued rifles to Protestants, deployed his Sudanese troops with two Maxim guns and by the time the “negotiation” dust settled, the Kabaka with his Catholic followers were out of Mengo, on to Bulingugwe Island at the mouth of Murchison Bay, where they were flushed out, running on to Bukoba.  Buganda negotiators!  What negotiation was that?  Of course you know how Kabaka Muwanga’s reign eventually ended in 1897.  Negotiation?

 

3/8: Bottom line, there was no question of negotiation!  For anyone to think otherwise is to be deluded, and is to harbour false loyalty to Buganda; and an impression of non-existent glory.  That cannot help us, you and I, to grow up.

 

4/8  Am also not aware that Buganda affairs were addressed in the British Foreign Office and not Colonial Office , particularly because it was not the case.  The fact is that, the affairs of Buganda were formally passed on to the Colonial Office in 1902, and not because they were up to that time in the hands of the Foreign Office, but because they were in the hands of the War Office: Buganda was still being ‘pacified’. 

 

5/8  The 1900 agreement that set the terms of the relations between Buganda and Britain clearly states under Article 3, that, Buganda “shall rank as a Province of equal rank with any other provices into which the Protectorate shall be divided” In other words, Buganda was a province (just like Karamoja) and not a country to be related with through the Foreign Office.

 

6/8  In fact the 1953 crisis was precipitated by Kabaka Mutesa’s (deluded) insistence that Buganda should be moved from the colonial office to the Foreign office, and immediately granted independence.  If it was  “for quite a long time” as you are saying under the Foreign Office, then what was the Kabaka demanding for?

 

7/8  I am sure Buganda historians have heard about the letter that Kabaka Mutesa wrote on 6th August 1953 in reaction to the Colonial Secretary’s mention of the possibility of an East Africa Federation.  In that letter, Kabaka Mutesa made three demands, namely, that, there would never be a federation of East African territories, second, that Buganda affairs be transferred to the Foreign Office from the Colonial Office, third, that Buganda be given independence.  That was a violation of Article 6 of the 1900 “agreement” (really 1900 Undertaking by Buganda to be good boys!)….see the ‘agreement’ at this link: http://www.buganda.com/buga1900..htm.

 

8/8  Yes, there was a difference between the British Foreign Office and Colonial Office.  I am sure Buganda historians also know it now particularly as it relates to Buganda’s history.  The difference between those two offices is what caused the 1953 crisis, when Kabaka Mutesa wanted to negotiate, and the other party wanted to interview, give orders, and if necessary, fight it out.  Very clearly, Buganda negotiators if there were any, were hapless, hopeless and jobless.

Uganda peasants are not Tax payers?


Which tax payer?  Who is their political class accountable to?  Once again, I will tell people that  the population of Uganda has no solid stake in the management of public affairs because it lives outside that domain: 85% peasants, dying at 45 years of age, living in a non-monetary sector, in the rural countryside, untaxable because they do not produce any surplus to be taxed, about 50% of them are illiterate, 50.2% 15 years and below, wearing nappies, the highest in the world….that is not the kind of population that takes its government to task.  Never!

 

We need to start thinking less traditionally about our socio-political reality.  The whole notion of ‘tax-payer’ is completely out of place in Uganda.

 

That aid is unearned income and you know what unearned income does.  If government was depending on money deducted from 20 million Ugandans wage earners, it would think twice before squandering it.  It would be someone’s sweat and they would demand for accountability.  But who in Uganda identifies with ‘donor’ aid as his money? If we do not come to grips with the relationship between paying tax and governmental accountability, then we shall keep fooling ourselves for ever with democracy for ever.

 

That is why I always insist that we need to proletarianise the population-urgently-create wage earners, get rid of the passive peasant class.  A population that is largely wage-earners or proletariat is a population that you do not fool around with.  The impunity of our political class now is a logical consequence of the fact that the country is largely peasant.  That is why some of them are interested in preserving that passive class that will vote for them just because of a piece of soap.  A wage labourer will tell you not to insult him by bribing him with money he contributed as PAYE or income tax. 
What tax do the peasants pay?  

 

“They … removed UPC I government because they wanted to scuttle public spending”

 

The Common Mans Charter may have talked about increase in ‘public spending’, but for those that engineered the deposition of AM Obote, ‘public spending’ per se was not the primary problem.  The real problem was the source of finances for such expenditure: expropriation/nationalisation of foreign owned enterprises.  That was the primary contradiction.

 

We know that Uganda was broke right from the cradle: independence was on 9 oct 1962, 24 hours later, on 10 oct 1962 there was no money to finance the return of the colonial administrators to London.  The first structural adjustment facility was arranged there and then (what ever structures there were to adjust on day one).  If AM Obote had asked for grants to finance his ‘public spending’ (whatever that means) instead of expropriating foreign multinationals, he would probably have lived longer and may be succumbed to internal contradictions. 

 

Remember also there was the contradiction between the two global powers.  AM Obote played into that with the adventure to the left, to defend a non-existent proletariat, as though that was the country’s primary challenge….remember the Blue Belt and Red Corridor?

Comparison between 1953 and 1966 Buganda crisis


1/7 If you chanced to access a Top Secret memorandum C. (53) 324 written by the British Secretary of State (Minister) for the colonies to the British cabinet on 18th November 1953, you would learn that HM EF Mutesa II had very few options when he was summoned by Andrew Cohen for interview.

2/7 The governor (Cohen) already had instructions to ensure that Kabaka Mutesa complied with instructions to leve the country.  The memorandum stated that, If the Kabaka refuses to come to this country to see me then I propose to authorize the Governor to put into operation the plan described in paragraph 6 above.”

3/7 Para 6 of the memorandum was a detailed military plan (referred to by Secretary Lyttleton as “extreme action”) that was supposed to be executed from the day of the Kabaka Mutesa/Governor Cohen meeting (30.11.1953) to 8.12.1953.

4/7 Note that on 16th November 1953 4th Battalion K.A.R started moving back to Jinja from Kenya ready for military operations in Buganda “in support of the police” to carry out what the memorandum called a coup d’etat had the Kabaka tried to

“…embark on an open trial of strength with Her Majesty’s Government.”

5/7 That “Top Secret” memorandum in part states that, “General Erskine has agreed to make available one battalion of the King’s African Rifles which is now moving into Uganda ostensibly as a routine transfer. He has also agreed to have a reserve battalion on standing by at three days’ notice but if this or any further reinforcements were called upon he might have to ask additional assistance from the United Kingdom.”

6/7 So then, Kabaka Mutesa was alot wiser than you can possibly imagine, by avoiding any childish action of the type that you call “Terrance Hill”.  Had he tried, he would probably have been subjected to an emotional experience that would have denied him the chance to see 1966, itself a continuation of the 1953 intransigence.

7/7 The difference between 1966 and 1953 was, that Governor Cohen had alot more manoeuvrability than AM Obote, otherwise the basic plan was the same.  Cohen had plan A and B.  Plan A worked and that saved the day.  AM had only Plan A, namely, Cohen’s Plan B, a Zero sum game.  I see UPC supporters somewhere (with the usual opportunism) saying that Cohen was outrageous.  I think what they(upc supporters) really mean is that, Cohen should have put into play Plan B (the one to that should have been executed by General Erskine…the extreme action…it would have saved the UPC the 1966 entanglements…that is what Mr Ochieno probably means).

L/Cpl (rtd) Otto Patrick

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