Presented by the Kingdom of Buganda
GENERAL INTRODUCTION:
This Report is not intended to address every issue of concern to the People of Buganda in the Kingdom’s official presentation to the Uganda Constitutional Review Commission. It is intended to address only the most fundamental issues of concern to Buganda , which are:
- Federal system of government;
- Kampala District as part of Buganda ;
- The return of the 9000 square miles to the Kingdom of Buganda ;
- The excesses of the Land Act 1998;
- The Immunities and privileges of Traditional Leaders.
This is not an academic Report written for intellectuals. It is a simple Report, written in simple straightforward language, for ordinary Ugandans, who constitute the majority of our population, so that they can understand the presentation made, on their behalf, to the Uganda Constitutional Review Commission.
It seeks to answer many of the most commonly asked questions about the Federal system of Government. Most of these questions have arisen from interviews conducted by the Buganda Constitutional Review Commission, and the generally held misconceptions about the federal system, its effect and impact on development and nationalism in Uganda .
Some of the answers to these questions are a result of views and contributions from various people in Buganda , Uganda and outside.
A. THE FEDERAL SYSTEM OF GOVERNMENT IN UGANDA
Executive Summary About Federalism:
Federal is a system of governance. It is not about getting rid of the Central Government. It is not about party politics. It is not about multi-partism or absence of it. It is not about religious differences. It is not about tribalism. It is not for the benefit of Buganda alone. It is not about monarchism. It is not about land or dispossessing people from land. It is not about supremacy of one region over another or others.
It is about helping the Central Government to provide services more efficiently and provide more effective development to the people. It is about SHARING power and responsibilities between the Central Government and Regional Governments.
Federalism is about providing more prosperity, more wealth, more feeling of belonging and participation in governance by marginalized and non-marginalized people. The Federal system of government minimises possibilities of waging war against the Central Government. It minimises internal acts of terrorism and discontent against the Central Government.
It has inbuilt safeguards that ensure uniform growth for all the regions of the country, and additional measures to make sure that marginalized or less developed regions of the country can catch up, through the system of equalisation grants and affirmative action programmes. These ensure that regions with greater income and development contribute a pre-agreed percentage of their earnings to the development of areas, which may be less developed.
It should be noted that Federalism, though different from Decentralisation, does not contradict or exclude Decentralisation. The two systems can and should co-exist and complement each other, at the Regional level. Advocating federal does not mean or seek to get rid of decentralisation from the regional tier. Nor does it mean getting rid of District MPs, LCs leaders or other local government officials.
WHAT IS THE FEDERAL SYSTEM OF GOVERNANCE?
Perhaps the easiest way to understand and to explain the Federal system of governance is to set out the most commonly asked questions and misconceptions about the System. Responding to these questions and concerns will effectively clarify why the people of Buganda and the people of Uganda generally desire a federal system of Government.
It is important to answer these questions by referring to our history and experience with the Federal System of government in order to ensure that we learn from our past mistakes.
1. What is the Federal System of Government?
In the most basic sense, "Federalism" is a national system of governance in a country with one Central Government for the entire country and several regional governments.
2. What does the Central Government do under this type of arrangement?
The Central Government has control over national matters like defence, citizenship, foreign relations, telecommunication, electricity, inter-region highways, dams, rail networks, airports, national monuments and natural resources and other such overall national policies.
3. What do the regional governments do under this arrangement?
The regional governments take care of regional matters in the particular regions like schools, health services, feeder roads, culture, land, local services, local government, local development plans, local economic policy etc.
4. What is the objective of Federalism?
The primary philosophy under this system is that it is the people in the various regions of the country who are best suited to determine affairs of that region. The regional governments are given autonomy to decide their regional affairs themselves on the terms that best suit them.
5. Has Uganda ever been governed under a federal system of Government?
Yes. From the very foundation of the Country, Uganda was a federation of the Kingdom states of Ankole , Buganda , Bunyoro, Toro, the Territory of Busoga and the other non-kingdom states that make up the rest of Uganda .
6. How was this Federal Arrangement arrived at?
Each of the Kingdom States entered into an independent Protection Agreement with the British Colonial Government to give up their respective independence and join a new federal state known as Uganda , on terms spelt out in the respective Protection Agreements. In the case of Buganda , this was under the 1900 Buganda Agreement.
It was under these Agreements that the very diverse and culturally different peoples in Uganda came together as one nation known as Uganda .
7. What was the relationship between the various Kingdoms and the colonial government?
Under these arrangements, each kingdom state remained in the Union of Uganda upon the terms and conditions set out in its particular agreement. The powers and duties of the respective states, as well as the powers and duties of the Colonial Central Government were properly addressed in these Agreements and the two institutions worked well together.
8. How long did this arrangement last?
This arrangement continued throughout the colonial times until the Protection Agreements expired on 8th October 1962, at independence.
Even at Independence, both the British Government as well as the pre-Independence Ugandan leaders recognised that it was important for the people of Uganda as a whole to continue being together as one nation group known as Uganda that can meaningfully pursue national objectives and aspirations on the world stage.
But at the same time, they also realised the inevitable truism: that the people who made up this nation-state of Uganda were people from different cultural and historical backgrounds, with varying cultural and social needs, aspirations and traditions.
Amidst these differences, a compromise position emerged, at the Lancaster Conference, in the form of a Federal System of Government. This Federal System permitted the various Kingdoms and non-kingdom states to continue following their traditional ways of life and fulfil their cultural and social obligations and aspirations, within the umbrella system of one nation that pursued national objectives and goals. After 1955, the Kabaka became a non-political monarch.
At independence, the system of Government, arrived at by agreement of all parts of Uganda , was embodied in a document known as the 1962 Constitution.
9. What were the basic considerations underlying this Federal Arrangement?
During the colonial period, Uganda had organised into various Kingdom States and districts of peoples with relatively homogeneous ethnic backgrounds. The philosophy was that people should be grouped together into viable regional units, with each unit being made up of people who shared the same traditions, history, language, culture and traditional beliefs.
10. What happened in the non-kingdom areas of Uganda ?
In the case of non–Kingdom state areas of Uganda , the system of Administration divided the nation into large district groups, with each district large enough to encompass whole ethnic groups with the above characteristics. There were very few exceptions to this general rule.
The colonial districts were much larger and more economically viable units than the current fragmented mostly unviable districts. Many of these colonial districts were governed directly from the centre and did not benefit from the federal system. Although these areas were negatively impacted by being administered from the centre, the colonial government mitigated their lack of benefits of full Federal by grouping and administering them through "quasi federal", large and economically viable regional blocks named Northern Region, Eastern Region and Western Region.
11. How were the federal regions administered?
During the colonial period, the various states and districts were administered through their traditional leaders and cultural institutions where these existed. For example, under the 1900 Buganda Agreement, the Kingdom of Buganda remained a Kingdom as a whole, and was administered through the Kabaka (King), the Katikkiro (Prime Minister), the Abakungu (Ministers), the Lukiiko (Parliament), and the local government administrative structure from the Masaza to Batongole. Similar arrangements worked with the rest of Uganda . This federal and semi-federal arrangement was maintained by the 1962 constitution.
12. Why did the colonial government rely on traditional leaders and institutions in the governance of Uganda ?
The British colonial government recognised that traditional leaders and cultural institutions played a very major role in the development and transformation of society. They also realised that it was much easier to mobilise people of similar ethnic backgrounds to work together, through their traditional institutions for development. It was for this reason that they relied upon the traditional institutions to achieve the rapid transformation of societies in Uganda .
13. Did this Federal arrangement work in Uganda ?
In all Uganda ’s recorded history, the period between 1945 and 1967 was the period that marked the fastest level of development of Ugandan society during which we saw a very rapid economic transformation.
Most of the institutions, schools and colleges, roads, hospitals and much of our physical infrastructure were all built during this period.
Uganda’s economic growth rate in the 1950’s and 1960’s was one of the fastest in the world. We were a more economically advanced society than the famous Asian Tiger nations like Singapore , Malaysia , South Korea and Taiwan . In East Africa, we were far ahead of our neighbours Kenya and Tanzania , and other nations in the region. Uganda was then known as the Switzerland of Africa.
14. What happened to the Federal System of Government in Uganda ?
In 1966, the Kabaka’s palace was invaded by the Central Government and the Kabaka was forced into exile. Uganda’s federal system was unilaterally abolished in contravention of the pre-agreed 1962 Constitution. This was done without any consultation or consent of the people of Uganda .
In 1967, a new constitution was put in place that abolished federal arrangements all over Uganda . This Constitution also unilaterally abolished the institutions of traditional and cultural leaders in Uganda .
15. Why was the federal system removed? Was it because it did not work?
Various reasons can be advanced for the forceful overthrow of the system, but the most important one was simply the clash between the two leaders of the time.
Evidence of the fact that it was this clash and not the failure of the Federal System, can be found in the speech made by Prime Minister Milton Obote to the National Parliament on 30th June, 1966. This speech is reported in the Parliamentary Debates (Hansard), 1st Session, 1966-67, 2nd Series, volume 63, from pages 529 onwards. At page 534, Hansard reports, in Obote’s own words that "the cause of the trouble is the ambitions of Sir Edward Muteesa and nothing more".
Furthermore, although Obote invaded the Palace in 1966, when he introduced his pigeonhole Constitution in April 1966, he did not, under that Constitution, abolish the Federal system of government for Uganda . Instead he engaged in dialogue with the Buganda leadership to find out whether they would install another prince as the Kabaka.
It was only after Buganda refused to have any other Kabaka but Mutesa II, that Obote decided in May 1967 (over a year later), to abolish the federal system and to rule the whole country from the centre. This he did by introducing the 1967 Constitution, under which re renamed Uganda a Republic.
The clash between the two leaders was exacerbated by the problems inevitably caused when a new position of Head of State (a political role) was created in 1964. A king, who was the head of his own regional Kingdom, occupied this new contradictory position of the national Head of State.
The merger of traditional leadership of a Kingdom and political leadership of the whole Nation, led to an inevitable clash between the two institutions, as well as between the President and Prime Minister. Lessons must obviously be drawn from this experience.
The Federal system that had worked well throughout the colonial period and in the early years after independence thus came to an end.
16. What happened to Uganda after the overthrow of the system?
From that overthrow of the Federal system, Uganda as a nation state began its journey of steady decline for over two decades, with unprecedented terror, tyranny, lawlessness, infamy and rogue-state status around the world.
The National Resistance Movement resolved to fight this tyranny and went to the bush to return peace, democracy and prosperity to Uganda . This liberation war was fully and actively supported by the Kabaka and the people of Buganda , as well as very many people elsewhere in the Country. Many, in Luwero and elsewhere, lost their lives for this cause.
17. Are Traditional Leaders and Institutions dangerous to the development of the Country?
The NRM government allowed and facilitated the return of the traditional leaders, and the revival of traditional, cultural and social aspirations of the people of Uganda .
Although this was feared by many opponents as a return to the "dark ages", and all kinds of imaginary fears were predicted by the ever present prophets of doom, we have all seen that these traditional institutions have enabled Uganda to continue its peaceful journey of revival.
The traditional leaders have contributed tremendously to the unity, happiness and development of their various peoples in Uganda . Under federalism, their potential as mobilisers for development would even be greater.
Valuable lessons have obviously been learnt from the History of Uganda, and the 1966 Crisis. The people of Buganda , just as the Central Government, appreciate the great need to iron out the areas of controversy that led to the 1966 crisis and the collapse of federalism.
The people of Buganda, and we believe many other people from other parts of Uganda, would like the question of the federal system of Government to be revisited and re-introduced with necessary modifications to bring the system in line with today’s prevailing social, economic and other conditions and circumstances.
18. Does the Federal System of Government work anywhere in the world?
The federal system of Government is very popular and has worked successfully in many countries around the world. Good examples include: the United States of America , Canada , the Federal Republic of Germany, Australia , Brazil , India , Mexico , Switzerland , Ethiopia , Belgium , South Africa , Malaysia , Spain , Belgium and many more. These are among the most stable and prosperous countries in the world.
19. Does it work in developing countries? Does it work in Africa ?
All the above examples show, the system works well for both developed countries, like the United States and Germany, and also for developing nations, like Brazil, Malaysia and India.
A celebrated African scholar, Professor Ali Mazrui lamented in February, 1998, in his paper entitled "The Nation", that "There is an American innovation which is missing in Africa, has not been promoted by the United States, and which may be far more relevant for liberal democracy in Africa in the 21stCentury than many realise. The missing American agenda is federalism." He goes on to argue that Federalism is an important system of governance in this century that has been ignored or despised by African leaders.
20. Does the Federal System of Government work in countries with diverse ethnic groups?
Yes. As a matter of fact most of the countries where there is Federalism have very diverse peoples. A good example is India .
With a population in excess of 1 billion people, and a physical size of more than 50 times the total land area of Uganda , India is governed under a Federal System of government, and it has never had a military coup or an illegal overthrow of government in over 50 years of independence. India has in excess of 1,000 different ethnic groups, yet it is the world’s largest democracy. Brazil has over 600 million people and is the largest country in Latin America . Its conditions are not different from those of India shown above, yet federalism has thrived there too, and Brazil has had relatively stable governments.
21. Does the federal system work in small countries or countries with small populations?
Size is irrelevant. Even small countries like Switzerland and Belgium some of which are much smaller than Uganda and with even smaller populations, function with very effective federal systems.
22. Are there any Federal systems in the world based on ethnic origins, cultures, or languages?
Yes. A good African example is the state of Ethiopia , where the Federal regions are divided on the basis of ethnic origin.
Other examples in the world include the Federal Republic of Germany, Switzerland , and Canada . Even the United Kingdom , which has had a unitary government for centuries, has at last realised the merits and strength of federalism along cultural and ethnic lines. It has introduced some form of federal arrangement based on ethnic origins amongst the English, Welsh and Scots.
In Uganda , during the colonial period and under the 1962 Constitution, federalism was partially practiced on a regional basis with each region being viable and comprising people of similar languages, culture and traditions.
After years of investigation, interviewing and receiving peoples’ views, the Odoki Constitutional Commission complained and recommended (under recommendation 18.84 of its Report that "the demarcation of local administration boundaries has not always been logical or natural." It recommended that: "A fair system should take into consideration, among other things, common language, culture, geographical features, natural boundaries and economic viability."
This recommendation was adopted!
23. Does a federal system based on similar cultures, traditions, languages and beliefs work?
Yes, in Ethiopia , after the failed experiment of a unitary government that led to a bitter civil war, and the secession of Eritrea , The horn of Africa nation embarked on a bold experiment to introduce a new federal arrangement based on these standards.
Multi- lingual Switzerland , and the Federal Republic of Germany also have similar systems.
A federal system based on similarity of cultures, traditions, languages and ethnic origin, works and, in many cases, works even better than the case of a Federal system which joins diverse people, with no common cultures, languages, and traditions.
24. Why does the federal system of government work in countries where it is practiced?
The Federal System of Government works in these countries because the respective central governments recognise that the best people to understand and devise solutions to the problems of the various federal regions in such countries are the people of those regions themselves.
In India for example, the Central Government in New Delhi knows that the problems of Tamil Nadhu are probably different from those of Uttar Pradesh. It recognises the diversity of their problems and knows that it is not in the best position to decide for these people how their problems should be solved.
Even in the great United States of America , the different states in different regions have different problems. For example, states on the West Coast like California , Nevada , Arizona , New Mexico , and Texas are very dry. Their annual concerns are earthquakes, fires that burn throughout these states, and droughts. Their biggest concerns are to build structures for irrigation, to build earthquake proof buildings, and improve fire-fighting techniques.
By contrast the states on the US East Coast like Massachusetts , New York , Connecticut , or Rhode Island , do not care for droughts, fires or earthquakes. Instead, their concerns are long cold winters.
Southern states like Florida , and Louisiana are not afraid of winters, or fires. They worry about tornadoes and floods which destroy property worth hundreds of millions of dollars almost annually.
The Federal Government recognised early on that the USA was a collection of different states, with different peoples and different problems. The Federal Government does not purport to know how to solve all these different problems from Washington DC . It has recognised that the states themselves should be the best entities to deal with these problems.
25. Would the Federal System of Government work in Uganda ?
Yes. It must be recognised that Uganda is made up various different groups of people with diverse backgrounds and cultures. We must also acknowledge a reality that the majority of our people are rural and unsophisticated. They live and practice their traditional ways of life.
It must also be acknowledged that, just like in the United States , different regions of Uganda have different problems. For example, the people of Soroti District have to contend with violent cattle rustling which results in terrible loss of life and property. Those in Gulu live under fear of frequent rebel raids. Eastern Uganda has had droughts. Karamoja and parts of Ankole badly need valley dams, Hoima has no tarmac roads while Kalangala wants a reliable ferry. The list of unique local needs and priorities that are often ignored by the centre, is endless.
The people in Soroti feel that cattle rustling is their priority problem, yet those in Gulu believe the rebel war is the most important thing. The decision makers in Kampala may not know how to solve these problems and may not see these problems as priority matters.
The people in these regions need to be given an opportunity to decide on their priorities.
26. Do the people of Uganda like the Federal System of Government?
The will of the people on the question of the federal system of Government was tested by the Odoki Constitutional Commission. The results of the views collected by that Commission showed that the Federal System of Government was very popular not only in Buganda , but also in Uganda as a whole.
Sixty Five Percent (65%) of the all the people of Uganda and Ninety Seven Percent (97%) of the people of Buganda wanted this system of Government.
The investigations, research and interviews carried out by the Buganda Constitutional Commission have confirmed that the views of the people of Buganda and Uganda on this matter have not changed.
27. Was the Federal system of Government implemented in the 1995 Constitution of Uganda ?
No. The 1995 Constitution of Uganda instead introduced another system of Government known as Decentralisation. Under this system, Uganda is currently divided into 56 small districts, some with only a few thousand people.
28. What is Decentralisation and how is it different from the Federal System of Government?
Decentralisation: Under a Decentralised system of government, functions, power and responsibility is delegated to lower units. The delegated power or responsibility can be unilaterally un-delegated any time, either by administrative directive or by amendment of the laws or even of the Constitution itself.
The delegation and its extent are at the discretion of the Central Government and institutions of the day. In other words, the local governments and districts are really just agents of the Central Government. Under this system the delegated powers can be taken away anytime.
Federalism: The Federal system of government is a binding contract between the Central Government and the Federal states. Under that agreement, the parties agree on the extent of sharing responsibilities, powers, functions and resources. This agreement cannot be changed by one party without the consent of the other affected parties.
Under Federalism, decisions that affect particular regions are made at regional level by the particular region affected. The Central Government makes decisions that affect the entire country. This is not an agency relationship. Decisions affecting a region are decided upon directly by the people of that region (and not the Central Government).
In the Decentralised model, decisions are made by the Central Government and accountability is to the Central Government.
Under the Federal arrangements, the decision making process of day-to-day affairs that affect a particular region are made locally in that region, and regional accountability is to the people of that region.
29. How are the financial arrangements in the federal system?
Funds or percentages of funds to which a Federal state is entitled or which the Central Government is bound to give the Federal state are pre-determined and cannot be unilaterally changed. So are methods of raising revenue.
30. Is the federal system better than the Decentralisation system?
Yes. The Federal system between the Central Government and regional governments has numerous advantages over the current system of decentralisation. Decentralisation works well from the regional level downwards. However, it does not work effectively from the national or Central Government level to the village level.
31. How is the Federal System of Government better than Decentralisation?
The Uganda Decentralisation system is based on tiny un-viable political units. The District system is not a viable political, economic or social unit. It is too small to be capable of making useful strides in national development. This is over – decentralisation. Decentralisation should start at a regional level.
Today, Uganda has 56 districts, each with its own policies and administrative structures. But can the district of Kalangala for example, set up a university? Can Moroto district set up a regional referral hospital? Can a small unit like a district build an effective road? Any single district may not be able to mobilise the funding or manpower to undertake such necessary but large projects. Yet the Central Government cannot do all these things effectively for all the regions in Uganda .
The Federal system of Government proposes viable regional blocks, that consist of several districts where people of the same or similar problems, cultures, languages and traditional ways of life can devise regional strategies to solve regional problems. A region of districts with similar aspirations has the capacity to undertake such development projects within the region.
It is this kind of co-operation that is likely to lead to regional universities, regional road systems, and regional policies on matters like health, education, agriculture and economic development plans. After these regional plans and policies have been developed, then decentralisation can be applied at the regional level to implement them.
A federal system of government allows the people to share with the central government the responsibility of planning, executing and reviewing development proposals. Under the decentralisation system, all planning, and budgeting is the responsibility of the Central Government and accountability goes to the Central Government. For example, under the current Decentralised system, the people of West Nile region do not participate in the decision making process of the Ministry of Finance. The Minister of Finance, sitting in Kampala , will dictate to the people of West Nile Region how much money they will get in Financial Year X, and how they are going to spend it, and they must account for it to him.
Under the Federal model, the regions themselves decide these affairs. The Federal model brings the decision making process closer to the people. Supposing the people of West Nile region produce tobacco worth Shs. 90 billion a year. All this money goes to the Central Government. Then the Central Government, sitting in Kampala , not only decides that Shs. 15 billion should go back to West Nile , but also decides on how it should be spent. How can a minister, and his bureaucrats, sitting in Kampala realistically know what the people in West Nile actually want? Is it a surprise that in the year 2001, West Nile region does not have electricity? Without electricity, how is it expected to build factories and industries so that it can create employment and generate wealth?
In this example, the decentralisation system is flawed on two fronts. First, it depends on the whim of the minister in Kampala, whether this year they will get back, Shs. 2, 5, or 10 billion, irrespective of what they produce. Under the federal arrangement, the people will be entitled to a minimum pre-agreed percentage, which will then be topped up by the equalisation grants discussed below.
The second flaw with decentralisation is that the Central Government decides what this money should be used on. If the people of West Nile had been allowed to decide on the priority of their expenditure, they would now probably have electricity and factories. West Nile is but one example of what is true to most of Uganda ’s regions. The Central Government is too far removed from the villages to be able to make effective and proper decisions for every corner of the country on how money should be spent. The regional governments under the federal system are closer to the people and can make more informed judgments.
Under decentralisation, virtually all appointments to regional jobs (apart from locally elected representatives) are made in Kampala . Under the Federal system appointments are made locally by the region, giving a chance to local people to serve their regions, and accountability is done by local people to the local region itself. This has potential for reducing corruption.
The Federal system of Government devolves seats of power and brings them closer to the people and minimises undue dependence on the Central Government for every aspect of development. Since the abolition of the Federal system of government in Uganda , the country has been engaged in constant struggles for power. In a space of only 40 years, we have had no less than six violent overthrows of governments and endless wars. This is because the only seat of power in the country is in Kampala . We have also seen politics of cronyism, with changing regimes and leaders surrounded by "yes men" seeking political favours. Under the Federal model, some of the power base will shift to regional levels and is likely to reduce on the pressures our history has shown of people fighting for power and jobs in the Central Government.
Professor Ali Mazrui, in his presentation, "The Nation" in February 1998, argues strongly that the federal system of government is a solution to ethnic problems of African countries and its denial has caused plenty of bloodshed. He writes:
"What has been remarkable since independence has been, loosely, Africa ’s reluctance to seriously consider federal as a solution to its tumultuous ethnic upheavals…. Indeed, Africa worked itself up into a condition of acute psychological denial. Loyalty to tribe was regarded as political pathology … ignoring the salience of ethnic loyalties has cost Africa three to four million lives in civil conflicts since independence. On the other hand, some of the countries which have attempted to make concessions to those loyalties have reduced risks."
Big federal regional blocks have a stabilising and balancing influence over a potentially despotic Central Government. Constitutional review should not be based on personalities or the government of the day. The fact that government today may be occupied by decent leadership should not blind us to the fact that some day there may be a possibility of a corrupt or despotic leadership or a decidedly anti-people dictator. This is what we should guard against. We neither should wait for this to happen and then act nor should we be amending the Constitution every five years. We should give it staying power. A federal arrangement is one way of ensuring this.
Unlike the system of fragmented decentralisation, the regional Federal system of government takes advantage of the social and cultural factors that bring people together in particular regions of the country to achieve uniform regional development. Recognising these systems and taking advantage of them can lead to national development more effectively and efficiently on a regional basis than can the arbitrary unviable district units set up under decentralisation.
The Federal System can be compared to the growth of radio in Uganda . For several decades, Radio Uganda was the only radio station in the Country. As is usually the case in Uganda when something new is suggested, "stakeholders" in the status quo and among prophets of doom loudly expressed fears that private radio stations would jeopardise national security and even aid and abet coup plotters! At the same time, many Ugandans often complained that issues they cared about were not adequately covered by Radio Uganda . Many longed for programmes in their local languages.
Since the advent of FM Stations in late 1992, there has never been a coup or the threat of one. Instead, FM stations have helped the different peoples of Uganda to have their unique cultures to be handled in their own languages and in their own regions. That helps explain the tremendous growth and popularity of FM Stations around the country (now over 40).
Federalism is like the FM stations, where today virtually each area has an FM station in its local language. Everyone is happy in diversity and plenty.
Federalism lends stability to the central government: Previously, a coup plotter, who only had to take over Radio Uganda in order to take over government, would now find it very difficult to convince each one of the forty FM stations to carry his message. The same goes for convincing all regional governments to lend support in case of a coup attempt.
The Federal system allows the various people of Uganda to celebrate their diversity under a united Government. The various ethnic groups in Uganda each have their unique customs and traditions. A sound nation and society can only be built on the preservation of our respective cultures, instead of eroding them, and leaving a vacuum. Regional federation of similar people of Uganda will advance our cultural heritage and will take advantage of our traditional systems of government and cultures to achieve development. This will enable us to develop our history, languages, regional identities, morality, traditions, and character among our people.
32 Does Buganda want to return to the 1962 Federal system?
No. A Federal system has to be based upon the peculiar, social and economic circumstances pertaining to the particular country. The times and development of the societies also make a difference. A federal system that was suitable in 1962 certainly needs modifications to make it work in the year 2000. This is because every federal system has to be adjusted to meet the times. Other countries do this by periodic amendment of the Constitution, but the amendment has to be agreed upon by all the affected parties.
33. What were some of the weaknesses of the 1962 Federal Arrangement?
An example of necessary amendments to the 1962 Federal Arrangement is the scope of its application. Under the 1962 arrangement, federal status was only granted to the Kingdom states of Uganda and even these kingdoms had varying federal rights. The rest of Uganda had a unitary system. This was a recipe for envy, possible hatred and created an imbalance that cannot be sustained today. Every region in Uganda should have the right to pursue federal status and every federal region of Uganda should enjoy the same rights and privileges as the other federal regions in the country.
34. What type of Federal System Does Buganda want to see implemented?
A federal system of government should divide the country into regions, with the division taking into account the principle that people of the same or similar traditions, cultures, languages and ways of life are put together to take into account and take advantage of their traditional systems of leadership, mobilisation and way of life for development. In the case of the people of Buganda , the districts of Buganda would form the federal Kingdom of Buganda under a non- political Kabaka.
In regions where a Federal system of government based upon similar languages, cultures and traditions is not feasible, the people of those regions should be free to come up with their own federal system of governance in accordance to their needs and circumstances.
Buganda objects to the Charter and Charter arrangements because they are just an extension to the ineffective decentralised system.
35. Must every part of Uganda have a federal system of government?
Because we believe that the federal arrangement is the best way for all parts of Uganda to develop, all of Uganda should be governed under a federal arrangement. In the event that a region does not desire federal status or desires a unitary system of government with the Central Government, that region should have the right to pursue that unitary system for itself, while the rest of the country that desires federal arrangements can pursue such federal arrangements. This is an accepted practice. Some federal and quasi-federal states in the world have this type of system. For example the United Kingdom has a unitary system over all areas of England yet at the same time, it has devolved a semi-federal system to the people of Scotland , Wales and Northern Ireland , who on the basis of their ethnic differences desire to have self governance, yet at the same time are part of the United Kingdom . India too has some areas (e.g. Jamur and Kashmir ) administered directly by the Central Government under a unitary system within the federal arrangement for the rest of the country and this has worked well.
This compromise was also reflected in the Munster Commission of 1961 that recommended Federal government for parts of Uganda and a unitary system for the other regions, which recommendation was taken up in the 1962 Constitution.
This scenario would be different from the 1962 situation in that we propose that provisions would be made in the Constitution to permit areas which do not immediately opt for the federal system to join at anytime. Unlike under the 1962 Constitution, they would not be locked out forever.
Traditional leaders under any federal system would be non-political and would not exercise executive authority in the region. In the case of Buganda , the Kabaka of Buganda would be a constitutional monarch over the people of Buganda .
There would be national parliament and executive that would establish national legislative and executive policy for the country. But the Federal regions would also establish federal legislative and executive units to legislate, implement and decide on regional matters affecting each particular region.
Like in all countries where the Federal system of government prevails, the rights of the Federal States should be entrenched in both Federal and National constitutions, with sufficient safeguards requiring a consensus of two-third’s majority in the federal and national assemblies before any alteration of these rights can be done.
36. Doesn’t the federal system of government make some productive regions richer and prosperous, while leaving others backward?
No. Federalism is supposed to achieve quite the opposite. Under a federal system, the more prosperous regions give part of their incomes to the other regions, so that a more balanced development of the whole country can ensue.
Under the federal system, taxes collected in the various federal regions of the country would be divided into three proportions. For example, 30% could be given to the Federal state to address the needs of the Federal Region, 30% could go the Central Government to take care of the Federal Government’s responsibilities, and 40% could go the equalisation grants fund.
In almost every country where a federal system of government exists, there is a system of "equalisation grants" to address regional imbalance. These grants are given by the Central Government and onward to regions of Uganda that are behind other regions. For example today, if Uganda was divided into federal regions, some regions would be more advanced than other regions. The Central Government would then give the equalisation grants collected from all the regions to the less developed regions to ensure more balanced development.
The equalisation grants are also intended to be given to regions to make the responsibilities of the region commensurate to the funds given.
The concept of equalisation grants in Uganda is neither unfair nor new. It is already being used by the Central Government today.
37. Does a federal system of government promote tribalism?
No. Recognising different traditions and cultures does not mean that people are being divided along tribal lines. It is simply recognising the rich variety of cultures and traditions in a society. Every Ugandan should be free to live, work or settle anywhere in Uganda , under the federal system.
As a celebrated scholar noted:
" Africa has cornered itself into rejecting ethnicity as an organising concept in the process of nation-building. The challenge then is whether it is possible to reverse the mindset, so that ethnic groups which are African realities, could be seen in reverse light as resources or building blocks that can provide a sound foundation for a sustainable political and socio-economic development from within."
For example, the national parliament of Uganda is composed of representatives of different regions. While each representative is there to represent and advance the views of that individual’s particular constituency, all representatives together represent the whole nation of Uganda . It cannot be said that the parliamentarians are sectarian because they represent individual possibly ethnic constituencies.
Another example can be drawn from the Baganda clans: The Baganda are divided into fifty-two clans. Each clan is different from the other fifty-one. It has different customs, different taboos, different names, different leadership and different ancestral grounds and origin. These divisions can be misunderstood to mean that the Baganda are a divided people. Every year these different clans engage in fierce competition against each other in areas of sports, social and traditional duties to the Kingdom. Their differences and these competitions do not divide them. Rather it makes them appreciate their diversity. The reality is that just because people like their clan, does not mean that they do not like their being Baganda. It is the combination of these various clans that forms the people known as Baganda. Similarly an Acholi is entitled to be proud of his heritage. That should not make him less Ugandan. The ability to attain one’s cultural and traditional aspirations within a nation is the ultimate goal. Similarly, the appreciation of one’s culture does not make the person like his nationality any less. In fact, like the clan example above, it makes him like it more.
The United Kingdom of Great Britain is made up of three major ethnic groups: the English, the Scots and the Welsh. The country is virtually divided into regions based on these ethnic groups. Nevertheless, it would be an unfair criticism to call this tribalism. The Scots love their heritage, but they also love to be part of the United Kingdom , as do the English and Welsh.
38. Does Federalism mean "Obugabe-ism" in Ankole?
Federalism should not be confused with Monarchism. The people of Ankole would get to choose the type of federal arrangements that would work well in Ankole.
This would not only be true for Ankole alone, but for the whole of Uganda , including Buganda .
39. What about people of different cultures who live or work in areas where one culture is dominant?
The interests of these people would be catered for. Whereas preservation of various cultures is a primary consideration, the rights of such people must be respected and protected by the regional constitutions. This in Uganda is not an issue, especially in Buganda . Buganda believes and has always believed in the full participation of all people within the region. For example, even in the 1960’s Buganda elected several non–Baganda to represent it in National Assembly. Examples include: Edward Simpson (an English man), Dr. Kununka ( a Munyoro), Daudi Ochieng ( an Acholi), Mrs. Visram ( an Asian also known as Namubiru) and many more. Even in the current Parliament , Buganda is one of the few regions represented by people who are not ethnically of that region.
After 1993, Buganda Government started some schools, including Lubiri Secondary School located right in Kabaka’s Palace. None of these schools are exclusively attended by Baganda children. Over 30% of the current enrolment are non-Baganda children from within and outside Buganda . The Kabaka Foundation, an educational fund, contributed to mostly by people from Buganda , is currently giving education scholarships for students in Buganda , over 27% of whom are non-Baganda. The Buganda Land Board, which administers the land returned to the Kabaka in 1993, has granted several leases on this land to various Ugandans, regardless of their ethnic backgrounds. As a matter of fact, 40% of the leases granted by the Land Board on Kabaka’s returned land in the Kampala area are to non-Baganda. This is inspite of the original imaginary fears that retuning Kabaka’s land would mean sending non-Baganda or even Baganda off it. This is, and has always been and will always be, the Buganda spirit.
It is also important to remember that the services or facilities that the Federal system bring to any particular region benefit everyone in that region irrespective of their ethnic origin. For example, the roads, schools, and hospitals constructed would benefit all users and not just the people of that region.
Before the restoration of kingdom in Buganda , all kinds of imaginary fears were expressed. For example that with the return of the Kabaka, non–Baganda were going to be expelled from Buganda , or that every body was going to be forced to kneel before the Kabaka. As time has shown, all these were unfounded. Similar unfounded fears have been and will be expressed in the case of federalism.
40. What would be the rights of people who do not belong to a particular ethnic group within a federal region made up of different ethnic groups?
The National Constitution of Uganda does and should guarantee the equality of all people regardless of ethnic origin in any part of Uganda . The people of Buganda strongly believe in this standard.
For example, residents of Kampala who are not Baganda cannot and have never been evicted, or denied any right they are by law entitled to, on the basis that they are not Baganda. Similar standards should be applied to all other parts of Uganda .
There can be no unconstitutional restrictions on the right to purchase, own or use property, or the right of movement in and out of any region, or the right of employment, or the right to pursue any legitimate objectives in any region of Uganda based on ethnic origin.
Just like the United Kingdom does not accord English people in London special rights over the Welsh or Scots, there can be no discrimination of any kind, by any group of people, from any part of the Country on the basis of ethnic origin.
Even in the 1960’s when Uganda was a federal state, all Ugandans enjoyed the same rights and privileges in Kampala ,
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On December 18, 2007, President Museveni wrote to the Kabaka of Muganda on the contentious land issue. Today we bring you the Kabaka's response.
December 29, 2007
H.E. Yoweri K. Museveni,
President of the Republic of Uganda ,
State House,
P. O. Box 25497,
Kampala-Uganda.
Your Excellency,
Your Letter Ref. PO/8 of December 18, 2007 on Unity and Stability of Uganda:
Allow me to convey to your Excellency warm greetings and salutations from the government of the Kingdom of Buganda . I have been directed by Ssaabasajja Kabaka of Buganda , to respond to your letter of December 18, 2007 and on the issues raised in your subsequent press statement.
Ssaabasajja Kabaka and the people of Buganda share your concerns about the need for stability, unity and good governance of Uganda . Indeed our concerns on land and demand for federalism are raised on that basis.
And, whilst we recognise the NRM's and your contribution to the struggle against dictatorship and bad governance in this country, we find it regrettable that the significant contributions of the people of the Kingdom of Buganda to this struggle are often overlooked and our aspirations always thwarted.
The people of the Kingdom of Buganda are particularly disappointed by the disparaging language and tone of your letter and statements, Mr President. Because Ssaabasajja Kabaka is the embodiment of our cultural identity, any attacks against him or his Government strike at the cultural identity and esteem of all Baganda.
This is both deplorable and inimical to the unity, stability and progress of our country.
Involvement in partisan politics
It is not true that the Kingdom of Buganda or, indeed, our beloved Kabaka, has either joined or participated in partisan politics in breach of the Constitution.
The Kingdom of Buganda has not and will never engage in spreading of lies, sedition, incitement or the propagation of sectarianism.
It has other pressing matters at hand - not limited to the fight against the grabbing of its land; the restoration of a federal system of government, and the struggle against the poverty crisis that afflicts the majority of its people.
The Kingdom of Buganda is several centuries old. It has legitimate interests some of which may or may not coincide with those of various political organisations.
It is therefore not surprising that, on many occasions, the interests of the Kingdom of Buganda vary from those of political organisations such as the NRM. Be that as it may, the Kingdom embraces all Baganda regardless of their political, religious or other affiliation.
It has made every effort: to accommodate all political actors in Uganda at Mengo - including but not limited to yourself and the NRM. Ssaabasajja Kabaka is aware that all political parties that wished to visit Mengo during past elections were welcome and none was excluded. It is not true that any political rallies were held in Bulange or the Kasubi tombs.
Therefore, to demand that the interests of the Kingdom of Buganda be subordinated to those of any political organisation is to demand that the Kingdom become partisan, which would be both wrong and unconstitutional.
Further, to demand that the Kingdom of Buganda should shun or discriminate against some of its own purely on account of their political beliefs, is equally wrong.
Buganda's right to engage in the land debate and the activities of the central civic education committee:
Land constitutes Buganda 's principal natural resource. It lies at the very heart of Kiganda tradition and culture - hence the following expressions and titles in our rich language: "etaka"; "obutaka"; "abatakansi'; "abataka"; and "Ssaabataka". Further, the Kingdom of Buganda comprises bibanja holders and registered land owners, all of whom are Baganda under Ssaabasajja Kabaka.
The people who suffer from unlawful evictions and the majority of those who will be adversely affected by hasty land reforms are Baganda
Art. 246(3) (a) of the Constitution provides that traditional or cultural leaders shall have the capacity to hold assets or properties in trust for themselves and the people concerned.
While Art. 26 guarantees the right to property. Indeed Ssaabasajja Kabaka is the registered owner of land, both in a private and an official trustee capacity.
As such, the Kabaka and the institutions of the Kingdom are major stakeholders and they have everything to lose should unjust land laws and policies be enacted and/or implemented. ..It is clear to us that land is not a partisan political issue and that the Kabaka and the institutions of the Kingdom of Buganda have a legitimate right to comment publicly about any proposed changes in the land laws of Uganda .
In fact, a failure by the Kabaka or the institutions of the Kingdom of Buganda to engage in the land debate would be a gross dereliction and abdication of their customary, cultural and traditional duty.
After the Buganda Lukiiko had considered and taken a stand against the proposed amendments to the Land Act, the Central Civic Education Committee (CCEC) was established with a view to educating the people of Buganda about the Kingdom's position.
The CCEC's activities have not breached any laws. The members of the CCEC and the people who attend seminars exercise their rights to freedom of expression, association and assembly - as well as, the right to enjoy, practice, maintain and promote their culture as Baganda. I must point out that Buganda 's engagement in the land debate has always been peaceful and lawful. I am sure that I do not need to emphasize to you, Mr President, the fact that some other communities in Uganda have resorted to naked violence to resolve issues of a similar nature.
Buganda's concerns about the proposed amendments to the land act:
Buganda has legitimate and well founded concerns about the existing land policy and the proposed changes to the Land Act. Many of these are shared by religious leaders of all faiths, civil society organizations and other communities in Uganda . Many have appealed to you to address these concerns.
To start with, the proposed amendments have been hastily put together and lie outside the ongoing process of establishing a National Land Policy.
It is clear from the haste with which the amendments have been put together that none of the relevant stakeholders such as the bibanja holders, registered land owners, community and religious leaders have been adequately consulted.
It is also clear that the long term implications of the proposed amendments on the rights of the tenants and the registered land owners have not been adequately considered.
The Kabaka abhors the unlawful and often violent eviction of bibanja holders from their land by unscrupulous registered land owners. Such actions are not only illegal but they also violate the long established norms and traditions of the Kingdom of Buganda .
However, the Kabaka and the Kingdom of Buganda are concerned about the fact that the government does not appear to have studied the root causes of the rampant violent evictions or taken any interest in the perpetrators of these abhorrent acts before proposing sweeping amendments to the existing law.
Evictions on private registered land are being driven by complex socio-political and economic factors. The proposed amendments do not address any of these factors. Simply criminalising evictions will not stop evictions.
The people carrying out evictions are imbued with levels of impunity hitherto unknown in this country. They are being aided and abetted by government functionaries as well as security agencies who are corrupt to a degree hitherto unknown in this country.
Therefore, the Kingdom of Buganda is of the view that the proposed amendments to the Land Act will be of no use in stopping evictions of bibanja holders because they do not address the twin evils of impunity and corruption.
Yet the proposed amendments will cause further and unnecessary friction between registered land owners and bibanja holders.
The interests of the land owners and the bibanja holders will cease to be complimentary and become exclusively competitive.
This is because the proposed and current law is biased against land owners. Ironically, the result may be increased evictions of bibanja holders as registered land owners divest themselves of worthless mailo tides and pass them on to those who can extract some value by other means.
The problems in Buganda 's land tenure system were introduced by the British colonialists, who imposed themselves on our land with a view to securing it for themselves and their imperialistic desires.
To concentrate on the fact that 43 per cent of Buganda's land mass was distributed amongst 1,000 chiefs and land owners is to ignore the fact that the imperialists allotted to themselves over 50 per cent of Buganda's land purportedly to hold it in trust for the Baganda yet unborn.
Further, to address the issues of mailo land upon the premise of addressing a historical injustice as if that said land is still held by only the said 1,000 chiefs and land owners is to miss the point entirely.
Mailo land has long been a traded commodity and is now widely owned in parcels of varying sizes by Baganda and non-Baganda from all walks of life. You, Mr President, are a good example of a non-Muganda mailo land owner. Individuals have saved money and invested it in mailo land.
The current proposals serve no useful purpose, save to undermine both the integrity and future of many people's investments.
Besides illegal evictions of tenants off land, there are several issues that require urgent attention or legislative reform, including but not limited to, the land registry, powers and constitution of the land tribunals and land boards.
The idea of bond fide occupants is also particularly problematic. It is used to facilitate people including immigrants who have illegally occupied other people's land without their consent to acquire a legitimate interest on the land. In many cases it is confused with the customary kibanja holding under kiganda tradition.
We consider therefore, that there needs to be a holistic land reform and not a piecemeal approach at reform. Such reforms should follow nation-wide consultations and consensus. Needless to say, laws must follow policies and not vice versa
A Hidden Agenda?
Mr President, the unseemly haste with which the proposed amendments are being pushed has raised concerns about a hidden agenda amongst Baganda of all walks of life.
The Kingdom of Buganda has reason to believe that the tension between registered land owners and bibanja holders may be an intended side effect of the proposed amendments to the Land Act. It is widely held that the unspoken aim of the proposals may be to get rid of the mailo owners by pitching them against the bibanja holders.
The tenants will then be cleared off the land and resettled in camps or urban slums under a resettlement policy to make way for industrialization and commercial farming.
These fears have been exacerbated by the fact that all RDC's were recently issued with a map which demarcates Uganda into 15 economic zones, which include Ankole, Busoga, Lango and Acholi, amongst others, but ominously splits Buganda into four zones called "Kampala" "Central", "Luweero" and "Lake Victoria Basin".
The fears are further elevated by the manner in which the government has been parceling out and or condoning the depletion of forests, forest reserves and wetlands to all manner of people, in the name of industrialization and development, without adequate regard to the interests of the Baganda born and unborn.
If it were not for Buganda 's protestations, Government had a clear intention to abolish Mailo Land ownership in Buganda and also to give powers to the Minister of Lands to issue Certificates of Occupancy to all tenants. All these actions add credence to our suspicions of a hidden agenda on Buganda 's land.
Therefore the proposed amendments are widely feared to be the first in a series of measures which will see all the Baganda, both the tenants and the registered land owners, losing out to the powerful Central Government and foreign investors. Under such an arrangement the Baganda would become emmomboze or wage slaves to foreign interests in their own land and their Kingdom would even not exist on the map.
Put in its most extreme, it is feared that the proposed amendments are but one of a series of measures which are to br inflicted on the Baganda with a view to bringing about their annihilation. Hence the expression "ettaka ligenda".
The absence of good faith on the return of Buganda 's expropriated property (ebyaffe):
The problems in the land sector in Buganda are complicated by the fact that the government has refused to return Buganda 's communal land as well as other official properties, which comprise over 50 per cent of Buganda 's land mass. Oddly, the Government has even refused to return Sseekabaka Fredrick Mutesa II's disused Rolls Royce! These properties were violently and illegally expropriated by Milton Obote's regime, a dictator that the NRM fought.
We are at a loss as to why, 14 years after the enactment of the Traditional Rulers (Restitution of Assets and Properties) Act, your Government is ignoring Articles 26(2) and 246(3)(a) of the Constitution and choosing to hide behind obscurantist opinions of the Attorney General and others to hold on to what was stolen from the Buganda.
The government's foot-dragging over the issue of the return of Ebyaffe and the recent arm-twisting attempts to use the Ebyaffe as a hostage to be returned only if Buganda accepts the rejected Regional Government are the cause of a deep sense of deprivation and discrimination amongst the Baganda.
The Baganda wonder why they are being made to beg for what is rightfully theirs whilst the Asian Community's expropriated assets were returned a long time ago without any fuss.
The Baganda are concerned that even as they wait for the government to come round to negotiations regarding the mode of return of these properties, these properties are being alienated to third parties on a freehold basis or being used by government to settle people who have been rejected from other parts of Uganda.
The seemingly never ending Ebyaffe saga has brought the good faith of the government into doubt.
This issue has an impact on the issues of the proposed amendments to die Land Act. First of all, from a general perspective, Buganda's communal land, which ought to be used with a view to easing the pressure on the mailo land and broadening die class of registered land owners in Buganda is being used selectively and unjustly to enrich a small class of people with connections to central or local Governments.
There is no central planning for the distribution of such land and we are thus hearing of new "Mailo Owners" - that is people who are being allotted square miles of so called "public" land. These new Mailo owners were granted leases which they converted or are converting into freehold, without regard to the fact that there are many Baganda born and unborn who are without land.
Also, there appears to be no protection of the peasants who are settled on the Ebyaffe land that is in control of Government and they are regularly evicted by Government agencies without any adequate notice or compensation.
The absence of good faith on the part of the Government in the Ebyaffe saga has also caused many Baganda to doubt the good faith of Government in respect of any issues pertaining to land. This feeling only fuels our fears of a hidden agenda as outlined above.
Sectarianism and alleged marginalization of minority communities:
On sectarianism and alleged marginalization of non-Baganda, I would wish to refer you to Buganda 's excellent and self-evident historical record of receptiveness, inclusiveness, tolerance and non-discrimination.
We cherish and are rightly proud of our cultural heritage which recognizes unity in diversity under one King and in one Kingdom. Buganda is a multi-ethnic and multi-tribal Kingdom, embracing all who adopt its culture and accept the suzerainty of Ssaabasajja Kabaka.
This has always been the case and was never as a result of colonial intervention. This reality is reflected in the name of our beloved Kingdom, Buganda , which derives from the word " omugandda'- meaning a bundle. Buganda is a collection of several ethnic bundles, " obugandda coming together to form one big unbreakable bundle. The idea of marginalization or discrimination was conjured up in the hate history which was invented during the Obote years in order to justify the abolition of our Kingdom and the exiling of our beloved Kabaka.
There are countless historical illustrations of this fact of which I will highlight a few. Martin Luther Nsibirwa, a Munyala, was twice appointed to the high office of Katikkiro. The cultural leader of the Bakooki, the Kamuswaga, was and still is the only hereditary Ssaza Chief in Buganda out of respect for the culture of the Bakooki.
Semei Lwakilenzi Kakungulu, hailed from Kooki. But the examples do not only come from history, Buganda still recognizes the role of all of its peoples and this is reflected in the multi-ethnic make up of the Kabaka's present Cabinet and the Buganda Lukiiko.
Equally, the phenomenon of abalaalo is neither new nor intolerable in Buganda . What is new is a class of reckless and arrogant nomads with unmanageably large herds of cattle that has been chased from other parts of Uganda and "re-settled" in Buganda . Where they come into contact with sedentary Baganda, their cattle grazes in peoples plantations with abandon.
Where they have come, they are threatening to overwhelm the natural resources of grass and wafer and stretching the human and animal health services. It is neither sectarian not derogatory to point out that this new class of nomads creates the risk of unnecessary conflict in Buganda and may use the rushed proposed amendments to the Land Act to make their stay in Buganda permanent.
Therefore, claims that Buganda is ego-centric or practices ethnocide do not stand up to serious scrutiny. The tendency for some Baganda to see themselves principally as Banyala, Bakooki, Baruuli is of recent creation. Similarly, the clamor for and creation of an array of sub-kingdoms within Buganda is new. The State's hand in these matters is not invisible.
Ssaabasajja Kabaka is most displeased by this divisive trend of affairs. Ssaabasajja can not therefore be either "associated with groups that undermine the unity of Ugandans or Africans" or be "an enemy of the interests of Baganda" as you suggested in your letter.
Accusations against CBS FM
Contrary to your accusations, CBS does not have a policy of misinforming the public, inciting hatred for the NRM and the President or propagating sectarianism. CBS FM offers a platform to all political and other actors in the country to discuss regional, national and international issues that directly and or indirectly concern Baganda and all Ugandans.
The radio broadcasts programmes where diverse political and social leaders interface with their audience and leaves it up to the audience to make up their minds. The NRM, for example, is represented by two cadres on the Kiriza-oba-gaana program every Wednesday. CBS FM does this because divergent - and some times opposing - views are a fundamental ingredient of a free and democratic country.
On the very rare occasions when only one interest group is hosted on a program, the management ensures that groups with divergent views are also hosted in subsequent programs.
The public is also able to contribute to on-air discussions without discrimination, ensuring that any views broadcast on the radio are subject to public scrutiny. Other radio stations also host vibrant discussion programs on political and other issues.
This is one of the fruits of the NRM rule. We therefore do not understand why CBS is continually singled out and castigated. CBS has initiated and supported several developmental projects including Nsindika Njake, Nekolera Gyange, and Entanda ya Buganda and also has assorted programming catering to the issues of public health, education, culture and economic development.
On the President's alleged clamor for a salary increment, we understand that the radio has time and again explained itself. The discussion on this matter followed a story in the Monitor Newspaper on September 13, 2007.
What CBS did was to discuss the matter from a regional perspective by comparing the salary of the President of Uganda with that of the Kenyan and South African Presidents. What came to light during the debate was that the Ugandan President's salary was lower than the salaries of some African Presidents.
During the same debate, NRM officials including the then Director of the Media Centre were given the opportunity to present the Government's position on the matter. On the land debate, the radio has hosted several state officials including, Hon. Daniel Omara Atubo, the Minister of Lands.
The Way Forward
It is clear from the above matters that the issue of the proposed amendments to the Land Act cannot be viewed in isolation of the intricately related issues of the federal system of governance and the restitution of Buganda 's expropriated communal and other land.
We contend that the problems presently manifesting themselves in the form of hitherto unknown tensions between registered land owners and bibanja holders as well as rampant violent and illegal evictions are themselves but a surface manifestation of the disequilibrium that was brought about by the violent abrogation of the 1962 Constitution by Obote.
Mr President, the imposition of further ad hoc so-called solutions on Baganda's land when the Baganda can resolve these issues for themselves in accordance with their cultural norms and traditions within a federal arrangement is worrisome.
The Baganda, like the Acholi, the Banyoro or the Karamojong, for example, should be accorded the respect of being able to make valid and bona fide decisions about their own land. There should be no further tinkering at the edges or beating about the bush.
The Baganda have persistently expressed their desire for a federal system of governance for themselves and any other communities that desire it. Their aspirations are expressed in the reports of Justice B. Odoki and Professor E.F. Ssempebwa.
But despite this fact the Kingdom of Buganda has been consistently short-changed, first with decentralization and then with the Regional Governments law. The Buganda Lukiiko and the Abataka resoundingly rejected the Regional Tier system for being way short of Buganda 's legitimate aspirations.
The Baganda were particularly dissatisfied with the provisions on the election of the Katikkiro; the relationships, hierarchy and reporting structures of districts with and between the Regional Government and the Central Government; the management and control of land; the non-entrenchment of financial provisions for the regional government; the Presidents power to take over a regional Government where there is a failure-to recognize regional diversity; the absence of provisions on the benefits and privileges of traditional rulers within the regional government; the demarcation of Mengo Municipality and Kampala as well as the role of the regional governments over primary education and agriculture. In short, the Regional Tier law fell short of Buganda 's aspirations.
In the premises the Kingdom proposes that:
1. Government should immediately put in place a transparent National Dialogue Mechanism within which all communities which aspire to the federal system of governance may negotiate and agree upon the re-establishment of a genuine federal system of government.
This mechanism must be set up in such a manner as will inspire the confidence of the Baganda and all communities of Uganda in order to ensure that the issues of governance and natural resource distribution are comprehensively addressed to the satisfaction of all the people of Uganda .
Such dialogue ought to be free of intimidation, threats and patronization.
2. The government should immediately and unconditionally return all of Buganda's expropriated property including the 9000sq miles, 1500 sq miles of forest and wetlands, 160sq miles of County and Sub-County Headquarters, and other official estates and vest it in the institution of Ssaabasajja Kabaka wa Buganda to hold on trust for the people of Buganda in accordance with Article 246(3(b) of the Constitution.
This should not be pegged to the outcome of the National Dialogue Mechanism described above.
3. The gazetting and tabling of the Land (Amendment) Bill 2007 or any other changes to the Land Laws of Uganda be suspended to await the outcome of the National Dialogue Mechanism so as not to complicate the task of the resultant Federal Governments in making laws and regulations to govern the issues of land tenure and land use in their respective territories.
In the interim, the issue of unlawful and violent evictions should be tackled by strict and unbiased enforcement of existing laws relating security of tenure, property rights ( such as the law on trespass and malicious damage), violence (assault or firearms offences) and corruption laws.
4. The gazetting and tabling of Bills relating to Mengo Municipality and Kampala be suspended to await the outcome of the National Dialogue Mechanism in which the status and boundaries of Kampala as the Federal Capital can be -negotiated upon and agreed.
I wish to remind Your Excellency that all your previous meetings with the Kabaka have been informal and devoid of technical discussions or negotiations on Buganda 's issues. The technical discussions have been made with a delegation appointed by the Kabaka.
This approach has served a dual purpose namely, to ensure that the Kabaka is not drawn into technical matters and, that the Lukiiko, the Abataka and the people of Buganda fully participate in these very important discussions.
Accordingly, the Kabaka has directed me to advise that your next meeting should follow the above procedure and should convene once we have received your response to our above concerns.
The Kingdom of Buganda believes that once the above matters are discussed and mutually resolved, then we will achieve lasting peace, stability and prosperity for Buganda , Uganda and the Great Lakes Region as a whole.
I look forward to hearing from you and wish you and your family a Happy and Prosperous 2008.
Accept, Your Excellency, the assurances of the Government of the Kingdom of Buganda 's highest regards and considerations.
Amb. Emmanuel L Ssendaula
Ag. KATIKKIRO.
CC: Ssaabasajja Kabaka wa Buganda
The Buganda Agreement, 1900
Source: http://www.kituochakatiba.co.ug/uganda_1900.htm
(See Native Agreement and Buganda Native Laws, Laws of the
Uganda Protectorate, Revised Edition 1935 Vol. VI, pp. 1373--
1384; Laws of Uganda 1951 Revised Edition, Vol. VI, pp. 12-26)
We, the undersigned, to wit, Sir Henry Hamilton Johnston, K.C.B., Her Majesty's Special Commissioner, Commander-in -Chief and Consul-General for the Uganda Protectorate and the adjoining Territories, on behalf of Her Majesty the Queen of Great Britain and Ireland, Empress of lndia, on the one part; and the under mentioned Regents and Chiefs of the Kingdom of Uganda on behalf of the Kabaka (King) of Uganda, and the chiefs and people of Uganda, on the other part: do hereby agree to the following Articles relative to the government and administration of the Kingdom of Uganda.
1. The boundaries of the Kingdom of Uganda shall be the following: starting from the left bank of the Victoria Nile at the Ripon Falls, the boundary shall follow the left bank of the Victoria Nile into Lake Kioga, and then shall be continued along the centre of Lake Kioga, and again along the Victoria Nile as far as the confluence of the River Kafu, opposite the town of Mruli.
From this point the boundary shall he carried along the right or eastern bank of the River Kafu, up stream, as far as the junction of the Kafu and Embaia. From this point the boundary shall be carried in a straight line to the River Nkusi, and shall follow the left bank of the River Nkusi down stream to its entrance into the Albert Nyanza . The boundary shall then be carried along the coast of the Albert Nyanza in a south-western direction as far as the mouth of the River Kuzizi, and then shall be carried up stream along the right bank of the River Kuzizi and near its source.
From a point near the source of the Kuzizi and near the village of Kirola (such point to be finally determined by Her Majesty's Commissioner at the time of the definite survey of Uganda) the boundary shall be carried in a south-western direction until it reaches the River Nabutari, the left bank of which it will follow down stream to its confluence with the River Katonga; The boundary shall be carried in a southwestern direction until it reaches the River Nabutari, the left bank of which it will follow down stream to its confluence with the River Katonga; The boundary shall then be carried up stream along the left confluence of the Chungaga, after which, crossing the Katonga, the boundary shall be carried along the right bank of the said Chungaga river, up stream to its source; and from its source the boundary shall be drawn in a south-eastern direction to the point where the Byoloba River enters Lake Kachira; and shall then be continued along the centre of Lake Kachira to its south-eastern extremity, where the River Bukova leaves the lake, from which point the boundary shall be carried in a south-eastern direction to the Anglo-German frontier.
The boundary shall then follow the Anglo-German frontier to the coast of the Victoria Nyanza and then shall be drawn across the waters of the Victoria Nyanza in such a manner as to include within the limits of the Kingdom of Uganda the Sese Archipelago (including Kosi and Mazinga), Ugaya, Lufu, Igwe, Buvuma, and Lingira Islands . The boundary, after including Lingira Islands , shall be carried through Napoleon Gulf until it reaches the starting point of its definition at Bugungu at the Ripon Falls on the Victoria Nile . To avoid any misconception it is intended by this definition to include within the boundaries of Uganda all the islands lying off the north-west coast of the Victoria Nyanza in addition to those specially mentioned.
2. The Kabaka and Chiefs of Uganda hereby agree henceforth to renounce in favour of Her Majesty the Queen any claims to tribute they may have had on the adjoining provinces of the Uganda Protectorate.
3. The Kingdom of Uganda in the administration of the Uganda Protectorate shall rank as a province of equal rank with any other provinces into which the protectorate may be divided.
4. The revenue of the Kingdom of Uganda , collected by the Uganda Administration, will be merged in the general revenue of the Uganda Protectorate, as with that of the other provinces of this Protectorate.
5. The laws made for the general governance of the Uganda Protectorate by Her Majesty's Government will be equally applicable to the Kingdom of Uganda, except in so far as they may in any particular conflict with the terms of this agreement, in which case the terms of this Agreement will constitute a special exception in regard to the Kingdom of Uganda.
6. So long as the Kabaka, chiefs, and people of Uganda shall conform to the laws and regulations instituted for their governance by Her Majesty's Government, and shall co-operate loyally with Her Majesty's Government in the organisation and administration of the said Kingdom of Uganda, Her Majesty's Government agrees to recognise the Kabaka of Uganda as the native ruler of the province of Uganda under Her Majesty's protection and over-rule.
The King of Uganda shall henceforth be styled His Highness the Kabaka of Uganda. On the death of a Kabaka, his successor shall be elected by a majority of votes in the Lukiko, or native council. The range of selection, however, must be limited to the Royal Family of Uganda, that is to say, to the descendants of King Mutesa.
The name of the person chosen by the native council must be submitted to Her Majesty's Government for approval, and no person shall be recognised as Kabaka of Uganda whose election has not received the approval of Her Majesty's Government. The Kabaka of Uganda shall exercise direct rule over the natives of Uganda , to who he shall administer justice through the Lukiko, or native council, and through others of his officers in the manner approved by Her Majesty's Government. The jurisdiction of the native Court of the Kabaka of Uganda, however, shall not extend to any person not a native of the Uganda province.
The Kabaka's Courts shall be entitled to try natives for capital crimes, but no death sentence may be carried out by the Kabaka, or his Courts, without the sanction of Her Majesty's representative in Uganda . Moreover there will be a right of appeal from the native Courts to the principal Court of Justice established by Her Majesty in the Kingdom of Uganda as regards all sentences which inflict a term of more than five years' imprisonment or a fine of over £100.
In the case of any other sentences imposed by the Kabaka's Courts, which may seem to Her Majesty's Government disproportioned or inconsistent with humane principles, Her Majesty's representative in Uganda shall have the right of remonstrance with the Kabaka, who shall, at the request of the said representative, subject such sentence to reconsideration.
The Kabaka of Uganda shall be guaranteed by Her Majesty's Government from out of the local revenue of the Uganda Protectorate a minimum yearly allowance of £1,500 a year. During the present Kabaka's minority, however, in lieu of the above-mentioned subvention, there will be paid to the master of his household, to meet his household expenditure, £650 a year, and during his minority the three persons appointed to act as Regents will receive an annual salary of £400 a year. Kabakas of Uganda will be understood to have attained their majority when they have reached the age of I8 years. The Kabaka of Uganda shall be entitled to a salute of nine guns on ceremonial occasions when such salutes are customary.
7. The Namasole, or mother of the present Kabaka (Chua), shall be paid during her lifetime an allowance at that rate of £50 a year. This allowance shall not necessarily be continued to the mothers of other Kabakas.
8. All cases, civil or criminal, of a mixed nature, where natives of the Uganda province and non-natives of that province are concerned, shall be subject to British Courts of Justice only.
9. For purposes of native administration the Kingdom of Uganda shall be divided into the following districts or administrative counties:
(1) Kiagwe (11) Butambala (Bweya)
(2) Bugerere (12) Kiadondo
(3) Bulemezi (13) Busiro
(4) Buruli (14)Mawokota
(5) Bugangadzi (15) Buvuma
(6) Bwekula (16) Sese
(7) Singo (17) Buddu
(8) Busuju (18) Koki
(9) Gomba (Butunzi). (19) Mawogola
(10)Buyaga (20) Kabula
At the head of each county shall be placed a chief who shall be selected by the Kabaka's Government, but whose name shall be submitted for approval to Her Majesty's representative. This chief, when approved by Her Majesty' s representative, shall be guaranteed from out of the revenue of Uganda a salary at the rate of £200 a year. To the chief of a county will be entrusted by Her Majesty's Government, and by the Kabaka, the task of administering justice amongst the natives dwelling in his county, the assessment and collection of taxes, the up-keep of the main road, and the general supervision of native affairs.
On all questions but the assessment and collection of taxes the chief of the county will report direct to the King's native Ministers, from whom he will receive his instructions. When arrangements have been made by Her Majesty's Government for the organization of a police force in the province of Uganda , a certain number of police will be placed at the disposal of each chief of a county to assist him in maintaining order.
For the assessment and payment of taxes, the chief of a county shall be immediately responsible to Her Majesty's representative, and should he fail in his duties in this respect, Her Majesty's representative shall have the right to call upon the Kabaka to dismiss him from his duties and to appoint another chief in his stead. In each county an estate, not exceeding an area of 8 square miles, shall be attributed to the chieftainship of a county, and its usufruct shall be enjoyed by the person occupying, for the time being, the position of chief of the county.
10. To assist the Kabaka of Uganda in the Government of his people he shall be allowed to appoint three native officers of state, with the sanction and approval of Her Majesty's representative in Uganda (without whose sanction such appointments shall not be valid)- A Prime Minister, otherwise known as Katikiro; a Chief Justice; and a Treasurer or Controller of the Kabaka's revenues. These officials shall he paid at the rate of £300 a year. Their salaries shall be guaranteed them by Her Majesty's Government from out of the funds of the Uganda Protectorate.
During the minority of the Kabaka these three officials shall be constituted the Regents, and when acting in that capacity shall receive salary at the rate of £400 a year. Her Majesty's chief representative in Uganda shall at any time have direct access to the Kabaka and shall have the powers of discussing matters affecting Uganda with the Kabaka alone or, during his minority, with the Regents; but ordinarily the three officials above designated will transact most of the Kabaka' business with the Uganda Administration.
The Katikiro shall be ex-officio the President of the Lukiko, or native council; the Vice-President of the Lukiko shall be the native Minister of justice for the time being; in the absence of both Prime Minister and Minister of Justice, the Treasurer of the Kabaka's revenues, or third minister, shall preside over the meetings of the Lukiko.
11. The Lukiko, or native council, shall be constituted as follows:
In addition to the three native ministers who shall be ex-officio senior members of the council, each chief of a county (twenty in all) shall be ex-officio a member of the Council. Also each chief of a county shall be permitted to appoint a person to act as his lieutenant in this respect to attend the meetings of the council during his absence, and to speak and vote in his name. The chief of a county, however, and his lieutenant may not both appear simultaneously at the council.
In addition the Kabaka shall select from each county three notables, whom he shall appoint during his pleasure to be members of the Lukiko or native council- The Kabaka may also, in addition to the foregoing, appoint six other persons of importance in the country to be members of the native council. The Kabaka may at any time deprive any individual of the right to sit on the native council but in such a case shall intimate his intention to Her Majesty's representative in Uganda, and receive his assent thereto before dismissing the member.
The functions of the council will be to discuss all matters concerning the native administration of Uganda , and to forward to the Kabaka resolutions which may be voted by a majority regarding measures to be adopted by the said administration. The Kabaka shall further consult with Her Majesty's representative in Uganda before giving effect to any such resolutions voted by the native council, and shall, in this matter, explicitly follow the advice of Her Majesty's representative.
The Lukiko, or a committee thereof, shall be a Court of Appeal from the decisions of the Courts of First instances held by the chiefs of counties. In all cases affecting property exceeding the value of £5, or imprisonment exceeding one week, an appeal for revision may be addressed to the Lukiko. In all cases involving property or claims exceeding £100 in value, or sentences of death, the Lukiko shall refer the matter to the consideration of the Kabaka, whose decision when countersigned by Her Majesty's chief representative in Uganda shall be final.
The Lukiko shall not decide any questions affecting the persons or property of Europeans or others who are not natives of Uganda . No person may be elected to the Lukiko who is not a native of the Kingdom of Uganda . No question of religious opinion shall be taken into consideration in regard to the appointment by the Kabaka of members of the council. In this matter he shall use his judgment and abide by the advice of Her Majesty's representation of assuring in this manner a fair proportionate representation of all recognised expressions of religious beliefs prevailing in Uganda .
12. In order to contribute to a reasonable extent towards the general cost of the maintenance of the Uganda Protectorate, there shall be established the following taxation for Imperial purposes, that is to say, the proceeds of the collection of these taxes shall be handed over intact to Her Majesty's representative in Uganda as the contribution of the Uganda province towards the general revenue of the Protectorate.
The taxes agreed upon at present shall be the following: -
· A hut tax of three rupees, or 4s per annum on any house, hut, or habitation, used as a dwelling-place.
· A gun tax of three rupees, or 4s per annum, to be paid by any person who possesses or uses a gun, rifle, or pistol.
The Kingdom of Uganda shall be subject to the same Customs Regulations, Porter Regulations, and so forth, which may, with the approval of Her Majesty, be instituted for the Uganda Protectorate generally, which may be described in a sense as exterior taxation, but no further interior taxation, other than the hut tax, shall be imposed on the natives of the province of Uganda without the agreement of the Kabaka, who in this matter shall be guided by the majority of votes in his native council.
This arrangement, however, will not affect the question of township rates, lighting rates, water rates, market dues, and so forth, which may be treated apart as matters affecting municipalities or townships; nor will it absolve natives from obligations as regards military service, or the up-keep of main roads passing through the lands on which they dwell. A hut tax shall be levied on any building which is used as a dwelling place. A collection of not more than four huts however, which, are in separate and single enclosure and are inhabited only by a man and his wife, or wives, be counted as one hut.
The following buildings will be exempted from the hut tax: temporary shelters erected in fields for the purpose of watching plantations; or rest houses in the fields for the purpose of watching plantations; or rest houses erected by the roadside for passing travellers; buildings used solely as tombs, churches, mosques. or schools, and not slept in or occupied as a dwelling; the residence of the Kabaka and his household (not to exceed Fifty buildings in number); the residence of the Namasole, or Queen Mother (not to exceed twenty in number); the official residences of the three native ministers, and of all the chiefs of counties (not to exceed ten buildings in number); but in the case of dispute as to the liability of a building to pay hut tax, the matter must be referred to the Collector for the province of Uganda, whose decision must be final.
The Collector of province may also authorise the chief of a county to exempt from taxation any person whose condition of destitution may, in the opinion of the Collector is meant the principal British official representing the Uganda Administration in the province of Uganda. The representative of Her Majesty's Government in the Uganda Protectorate may from time to time direct that in the absence of current coin, a hut or gun tax may be paid in produce or in labour according to a scale which shall be laid down by the said representative. As regards the gun tax, it will be held to apply to any person who possesses or makes use of a gun, rifle, pistol, or any weapon discharging a projectile by the aid of gunpowder, dynamite, or compressed air.
The possession of any Canon or machine gun is hereby forbidden to any native of Uganda . A native who pays a gun tax may possess or use as many as five guns. For every five or for every additional gun up to five, which he may be allowed to possess or use, he will have to pay another tax. Exemptions from the gun tax will, however, be allowed to the following extent: -
The Kabaka will be credited with fifty gun licences free, by which he may arm as many as fifty of his household. The Queen Mother will, in like manner, be granted ten free licences annually, by which she may arm as many as ten persons of her household; each of the three native ministers (Katikiro, Native Chief Justice, the Treasurer of the Kabaka's revenue) shall be granted twenty free gun licences annually; by which they may severally arm twenty persons of their household.
Chiefs of counties will be similarly granted ten annual free gun licences; all other members of the Lukiko or native council not chiefs of counties, three annual gun licences, and all landed proprietors in the country with estates exceeding 500 acres in extent, one free annual gun licence.
13. Nothing in this Agreement shall be held to invalidate the pre-existing right of the Kabaka of Uganda to call upon every able bodied male among his subjects for military service in defence of the country; but the Kabaka henceforth will only exercise this right of conscription, or of levying native troops, under the advice of Her Majesty's principal representative in the Protectorate.
In times of peace, the armed forces, organised by the Uganda Administration will probably be sufficient for all purposes of defence; but if Her Majesty' representative is of the opinion that the force of Uganda should be strengthened at the time, he may call upon the Kabaka to exercise in a full or in modified degree his claim on the Baganda people for military service. In such an event the arming and equipping of such force would be undertaken by the administration of the Uganda Protectorate.
14. All main public roads traversing the Kingdom of Uganda, and all roads, the making of which shall at any time be decreed by the native council with the assent of her Majesty's representative shall be maintained in good repair by the chiefs of the saza (or county) through which the road runs.
The chief of a county shall have the right to call upon each native town, village, or commune, to furnish labourers in the proportion of one to every three huts or houses, to assist in keeping the established roads in repair, provided that no labourers shall be called upon to work on the roads for more than one month in each year. Europeans and all foreigners whose land abut on established main roads will be assessed by the Uganda Administration and required to furnish either labour or to pay labour rate in money as their contribution rewards, the maintenance of the highways. When circumstances permit, the Ugandan Administration may further make grants from out of its Public Works Department for the construction of new roads or any special repairs to existing highways, of an unusual expensive character.
15. The land of the Kingdom of Uganda shall he dealt with in the following manner:
Assuming the area of the Kingdom of Uganda, as comprised within the limits cited in the agreement, to amount to 19,600 square miles, it shall be divided in the following proportions:
Forests to be brought under control of the Uganda Administration 1500 square miles
Waste and uncultivated land to be vested in Her Majesty's
Government to be controlled by the Uganda Administration 9,000 square miles
Plantations and other private property of His Highness the Kabaka of Uganda 350 square miles
Plantations and other private property of the Namasole 16 square miles
(NOTE: - If the present Kabaka died and another Namasole
were appointed, the existing one would be permitted to retain
as her personal property 6 square miles, passing on 10 square
miles as the endowment of every succeeding Namasole.)
Plantation and other private property of the Namasole, mother of Mwanga 10 square miles
To the Princes: Joseph, Augustine, Ramazan, and Yusufu-Suna, 8 square miles each 32 square miles
For the Princesses, sisters, and relations of the Kabaka 90 square miles
To the Abamasaza (chiefs of counties) twenty in all, 8 square miles each (Private property) 160 square miles
Official estates attached to the posts of the
Abamasaza, 8 square miles each 320 square miles
The three Regents will receive private property to the extent of 6 square miles each 48 square miles
And official property attached to their office,
16 square miles, the said official property to be afterwards attached to the posts of the three native ministers 48 96
Mbogo (the Muhammedan chief) will receive for Himself and his adherents 24 square miles
Kamuswaga, chief of Koki with receive. 20 square miles
One thousand chiefs and private landowners will receive
the estates of which they are already in possession,
and which are computed at an average of 8 square miles
per individual, making a total of 8,000 square miles
There will be allotted to the three missionary societies
in existence in Uganda as private property, and in trust for the
native churches, as much as 92 square miles
Land taken up by the Government for Government
stations prior to the present settlement (at Kampala, Entebbe, Masaka etc. etc.) 50 square miles
Total 19,600 square miles
After a careful survey of the Kingdom of Uganda has been made, if the total area should be found to be e less than 19,600 then the portion of the country which is to be vested in Her Majesty's Government shall be reduced in extent by the deficiency found to exist in the estimated area. Should, however, the area of Uganda be established at more than 19,600 square miles, then the surplus shall be dealt with as follows:
It shall be divided into two parts, one-half shall be added to the amount of land which is vested in Her Majesty's Government and the other half shall be divided proportionately among the properties of the Kabaka, the three Regents or native ministers, and the Abamasaza, or chiefs of counties.
The aforesaid 9,000 square miles of waste or cultivated, or uncultivated land, or land occupied without prior gitt of the Kabaka or chiefs by bakopi or strangers, are hereby vested in Her Majesty the Queen of Great Britain and Ireland, Empress of lndia, and Protectress of Uganda, on the understanding that the revenue derived from such lands shall form part of the general revenue of the Uganda Protectorate.
The forests, which will be reserved for Government control, will be, as a rule, those forests over which no private claim can be raised justifiably, and will be forests of some continuity which should be maintained as woodland in the general interests of the country.
As regards the allotment of the 8,000 square miles among the 1,000 private landowners, this will be a matter to be left to the decision of the Lukiko, with an appeal to the Kabaka. The Lukiko will be empowered to decide as to the validity of claims, the number of claimants and the extent of land granted, premising that the total amount of land thus allotted amongst the chiefs and accorded to native landowners of the Country is not to exceed 8,000 square miles.
Europeans and non-natives, who have acquired estates, and whose claims thereto have been admitted by the Uganda Administration, will receive title-deeds for such, estates in such manner and with such limitations, as may be formulated by Her Majesty's representative. The official estates granted to the Regents, native ministers, or chiefs of counties, are to pass with the office, and their use is only to be enjoyed by the holders of the office.
Her Majesty's Government, however, reserves to itself the right to carry through or construct roads, railways, canals, telegraphs, or other useful public works, or to build military forts or works of defence on any property, public or private, with the condition that not more than 10 per centum of the property in question shall be taken up for these purposes without compensation, and that compensation shall be given for the disturbance of growing crops or of buildings.
16. Until Her Majesty's Government has seen fit to devise and promulgate forestry regulation, it is not possible in this Agreement to define such forest rights as may be given to the natives of Uganda; but it is agreed on behalf of Her Majesty's Government, that in arranging these forestry regulations, the claims of the Baganda people to obtain timber for building purposes, firewood, and other products of the forests or uncultivated lands, shall be taken into account, and arrangements made by which under due safeguards against abuse these rights may be exercised gratis.
17. As regards mineral rights. The rights to all minerals found on private estates shall be considered to belong only to the owners of those estates, subject to a 10 per centum ad valorem duty, which will be paid to the Uganda Administration when the minerals are worked. On the land outside private estates, the mineral rights shall belong to the Uganda Administration, which, however, in return for using or disposing of the same must compensate the occupier of the soil for the disturbance of growing crops or building, and will be liable to allot to him from out of the spare lands in the Protectorate an equal area of soil to that from which he has been removed. On these waste and uncultivated lands the Protectorate, the mineral rights shall be vested in Her Majesty's Government as represented by the Uganda Administration. In like manner the ownership of the forests, which are not included within the limits of private properties, shall be henceforth vested in Her Majesty's Government.
18. In return for the cession to Her Majesty's Government of the right of control over 10,550 square miles of waste, cultivated, uncultivated, or forest lands, there shall be paid by Her
Majesty's Government in trust for the Kabaka (upon his attaining his majority) a sum of £50O, and to the three Regents collectively, £600, namely, to the Katikiro £300, and the other two Regents £150 each.
19. Her Majesty's Government agrees to pay to the Muhammedan Uganda chief, Mbogo, a pension for life of £250 a year, on the understanding that all rights which he may claim (except such as are guaranteed in the foregoing clauses) are ceded to Her Majesty's Government.
20. Should the Kingdom of Uganda fail to pay to the Uganda Administration during the first two years after the signing of this Agreement, an amount of native taxation, equal to half that which is due in proportion to the number of inhabitants; or should it at any time fail to pay without just cause or excuse, the aforesaid minimum of taxation due in proportion to the population; or should the Kabaka, chiefs, or people of Uganda, pursue, at any time, a policy which is distinctly disloyal to the British Protectorate; Her Majesty's Government will no longer consider themselves bound by the terms of this Agreement.
On the other hand, should the revenue derived from the hut and gun tax exceed two years running a total value of £45,000 a year, the Kabaka and chiefs of counties shall have the right to appeal to Her Majesty's Government for an increase in the subsidy given to the Kabaka, and the stipends given to the native ministers and chiefs, such increase to be in the same proportional relation as the increase in the revenue derived from the taxation of the natives.
21. Throughout this Agreement the phrase "Uganda Administration" shall be taken to mean that general Government of the Uganda Protectorate, which is instituted and maintained by Her Majesty's Government; " Her Majesty's representative" shall mean the Commissioner, High Commissioner, Governor, or principal official of any designation who is appointed by Her Majesty's Government to direct the affairs of Uganda.
22. In the interpretation of this Agreement the English text shall be the version which is binding on both parties.
Done in English and Luganda at Mengo, in the Kingdom of Uganda , on the 10th March 1900.
H.H JOHNSTON, Her Majesty's Special Commissioner, Commander in Chief and Consul- General, on behalf of Her Majesty the Queen of Great Britain and Ireland, Empress of lndia.
(Seal)
APOLLO, Katikiro, Regent.
MUGWANYA, Katikiro Regent.
MBOGO NOHO, his X mark.
ZAKARIA KIZITO, Kangawo. Regent,
SEBAUA, Pokino.
YAKOBO, Kago.
PAULO, Mukwenda.
KAMUSWAGA, of Koki, his X mark.
(On behalf of the Kabaka, chief, and people of Uganda )
Witness to the above signatures:
F.J. JACKSON, Her Majesty's Vice-Consul.
J. EVATT, Lieutenant-Colonel.
JAMES FRANCIS CUNNINGHAM
ALFRED R.TUCKER, Bishop of Uganda .
HENRY HANLON, Vicar Apostolic of the Upper Nile,
E BRESSON (for Mgr. Streicher, White Fathers).
R. H. WALKER.
MATAYO, Mujasi.
LATUSA, Sekibobo.
MATAYO, Kaima.
YOKANA, Kitunzi.
SANTI SEMINDI, Kasuju.
ANDEREA, Kimbugwe
SEREME, Mujasi,
COPRIEN LUWEKULA.
NOVA, Jumba, Gabunga.
FERINDI, Kyabalongo
SAULO, Lumana.
YOKANO BUNJO, Katikiro, of Namasole.
YOSEFU, Katambalwa.
ZAKAYO, Kivate,
HEZIKIYA, Namutwe.
ALI, Mwenda,
NSELWANO, Muwemba.
SEMIONI SEBUTA, Mutengesa.
NJOVU YUSUFU Kitambala, his X mark.
KATA, Nsege.
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