Sunday, November 11, 2012

Fr Gaetano Batanyenda’s prophetic call must be a wake-up call to translate our Constitution


Reverend Father Gaetano Batanyenda, the outspoken Catholic cleric from Kabale Diocese gave an electrifying interview in the Ugandan paper, Sunday Monitor September 23, titled “Museveni is hostage of his actions and people around him”. A comment beneath his interview read “If Uganda had 5 genuine patriots like Fr Gaetano, I think the Pearl of africa would rise and shine again. Ndiwulira vva mu kasooli. I hope M7 takes note of all these points raised by the man of God”. Ndiwulira vva mu kasooli literary means, weevil get out of the maize corns.
Surely, this is an interview that should be taken very seriously by all Ugandans and all partners of Uganda. I was particularly thrilled by the fact that Fr Gaetano decried the failure to translate the Constitution in the various Ugandan languages, a situation that has kept many Ugandans not only poor but also ignorant.
Like Fr Gaetano stated, Article 4 of the 1995 Constitution of Uganda states that “The state shall promote awareness of this Constitution by translating it into Ugandan languages and disseminating as wide as possible and providing for the teaching of the Constitution in all the educational institutions, armed forces, training and regularly transmitting and publishing programmes through media generally”.
What baffles me, is that exactly seventeen years after the enactment of the 1995 Constitution, no effort has ever been made to translate the Constitution by the government or any of its agencies. The Uganda Human Rights Commission (UHRC) is mandated to carry out civic education among other functions. However, it has made no efforts to have our Constitution translated into different languages. What some of the UHRC staff do instead is to subject me, human rights activist Vincent Nuwagaba to inhuman and degrading treatment in addition to labeling me a mentally deranged person!
Credit must be given to the Human Rights Centre whose chair is Margaret Ssekagya, former chairperson of the UHRC and current UN Special Rapporteur on the status of human rights defenders. The Human Rights Centre has at least laboured to translate chapter four of the Ugandan Constitution which is dubbed the Uganda Bill of Rights into different languages. The challenge, however, may be that the copies are not enough for the entire country.
We must note that we have no legal obligation to put to task the non-governmental organisations to translate for us the Constitution. What we have is a mere moral obligation.
I understand, Machiavellian governments like the one we have in Kampala derive pleasure in having poor and ignorant citizens. That is the sole reason as to why our Constitution cannot be translated and distributed to the ordinary citizens who are responsible for Museveni’s hold onto power.
In the same issue of the Sunday Monitor, Mr Busingye Kabumba, a lecturer of constitutional law at the once prestigious Makerere University wrote under the article titled “The 1995 Uganda Constitution is nothing but an illusory law” that “All power belongs to the President, who exercises this power through the armed forces”. He went ahead to state that, “Article 1 of the Constitution is a lie – and the Constitution in Museveni’s Uganda is an elaborate farce that is cynically perpetrated by the president to consolidate and extend his hold on power”.
I hereunder reproduce article 1 of the 1995 Ugandan Constitution,
1 (1) All power belongs to the people who shall exercise their sovereignty in accordance with this Constitution.
(2) Without limiting the effect of clause (1) of this article, all authority in the State emanates from the people of Uganda; and the people shall be governed through their will and consent.
(3) All power and authority of Government and its organs derive from this Constitution, which in turn derives its authority from the people who consent to be governed in accordance with this Constitution.
(4) The people shall express their will and consent on who shall govern them and how they should be governed, through regular, free and fair elections of their representatives or through referenda.

Mr Busingye Kabumba rightly avers that if one asked anyone on the Kampala streets where power lies one would be told that all power belongs to the President who exercises his sovereignty through the army. This is like he states the unadulterated truth. What is particularly galling is that the president no longer exercises his inglorious power through only the army but also the police which ordinarily should be a civil force.

Why article 1 is a farce
But why is Article 1of our Constitution a farce? The answer clearly lies in the absurd deliberate decision by President Museveni and his NRM machinery to confine the knowledge of the Constitution to not only the elites but to a tiny minority of the elites. During my days at Makerere University, we did a course in Political Science known as Constitutionalism and Political stability and then Administrative Law. That was the closest Political Science students would come close to a Constitution. Not that they felt the Constitution was important as a tool to defend and assert their rights and demand accountability from the state but to many, it was merely a tool to help them pass exams.

I stay with some law students who have no copy of the Constitution and most likely they last read it when they were studying Constitutional law or human rights. The summary of it is that very few know their rights and the few who know them don’t have the wherewithal to assert them. That’s why the son of Kaguta will invariably tinker with that sacrosanct document to suit his interests.
But the most important reason why our Constitution has become illusory is because the ordinary citizens have never had a chance to read it. True, our reading culture is poor but some people in the villages take time to discover what they are entitled to. I remember when I was a primary school kid, my grandmother used to read and sometimes give me some books to read for her – Abagyenda bareeba; Rwakyekoreire Buhaano, Eirwariro rya Rwango, among others. My grandma couldn’t fail to read the Bible and catechism book for the Catholic Church.

I am even sure, if our Constitution was translated some of us would go with copies and urge the ordinary people to read telling them that is what we read at the university. How many wouldn’t want to get the knowledge that is disseminated at the universities?

Museveni capitalizes on lies and the masses’ ignorance
For all the years he has been in power, President Museveni has built a wedge between the elites and the ordinary Ugandans. This, he has managed to do by maligning the elites as liars and opportunists and portraying himself as a Godsend saviour to the ordinary people. Whenever some of us attempt to teach these people their Constitutional rights, many of them ignore us as liars. In Ankole and Kigezi, there are two sayings which go, “Amaisho gomukiga n’omunyankore nokwerebera” and “Amaisho gomukiga n’omunyankore nokukwataho”. This means that for anybody from Kigezi or Ankole to believe what one is saying, they have to see it with their naked eyes and touch it with their hands. We have many doubting Thomases but like Thomas said my Lord and my God after touching the scars of the risen Jesus, the peasants will say, “our redeemers and saviours” when we access them translated copies of the Constitution. Accordingly, our people will believe the talk about rights – God given and Constitutional rights when they see with their naked eyes official instruments where those rights are documented.

And I believe if the people fully understand that they have rights, they will surely assert those rights. I spent nine months in Luzira prison over trumped up charges of assault and threatening violence which the superior court set aside and quashed the conviction upon appeal. But I was told many people were condemning me for opposing the increment of fees to the tune of 126 percent in public universities which according to Section 2 of the Universities and other Tertiary Institutions Act are universities which must be maintained out of public funds. People didn’t know that what I was doing was in my constitutional powers.

The Constitution and all other human rights instruments that Uganda has ratified emphasise the principle of non-discrimination. Sadly, we have people who courtesy of patronage and clientelism are sponsored by taxpayers’ money by statehouse while the majority sons and daughters of peasants drop out of school. The Constitution decries sectarianism but the jobs are given on the basis of “Ori Mwana wa ani” (whose son or daughter are you) not meritocracy.
Some of us have a record of excellence in what we have studied and we deem ourselves to be the refined brains necessary for the transformation of Uganda. However, we are denied the opportunity to serve our countrymen for two reasons – 1) we are critical, 2) our parents and relatives never fought in the senseless war that brought this regime to power.

While I appreciate Fr Gaetano’s views in his interview with Sunday Monitor, I am diametrically opposed to the idea that Museveni shouldn’t be held accountable for the mistakes he committed while in power if he accepts to step aside in 2016. This would promote impunity and I am worried should Museveni study the public mood and realise it is in consonance with Fr Gaetano’s view – that he should be for forgiven, he will concentrate on the looting that has never been witnessed before and then steps aside in 2016 to enjoy the primitively accumulated wealth in a first class country. Therefore, even if Museveni steps down in 2016 he should be tried for the atrocities he has committed. Fr Gaetano must be reminded that errors of commission and omission by Museveni since he launched his bush war through the 27 years he has been in power don’t amount to mere mistakes. They are sordid and grave atrocities. Remember the Mukula massacre in Teso and all the crimes against humanity in northern Uganda. Remember also that he has privatized state property without giving accountability. His sectarianism has killed our generation and today people spend ten to fifteen years roaming the streets with first class and second class upper degrees when jobs are given to the mediocre with transcripts from Nasser Road. What about the decrepit state of our hospitals when he flies his daughters to give birth from developed countries when Ugandan women cannot be attended to because of lack of gloves.
I have personally suffered gravely at the hands of Museveni and his machinery which he (Museveni) knows very well and no remedy has ever been extended to me. I will commit suicide from the constitutional square should Museveni and his associates be forgiven all the grave atrocities they have committed.
Finally, all serious actors in Uganda whether religious leaders, civil society groups, the opposition and the state agencies which are maintained by taxpayers’  money should push for the translation of our Constitution in all local languages. Our people have been kept in ignorance for so long. But the prophetic call by Reverend Father Gaetano Batanyenda should be a wake-up call for all of us. Like the Bible in Luke 4: 18 says “The Spirit of the Lord is upon me, because he has anointed me to proclaim good news to the poor. He has sent me to proclaim liberty to the captives and recovering of sight to the blind, to set at liberty those who are oppressed”. I definitely have no scintilla of hatred for President Yoweri Museveni whose sense of humour I like. But I have all the hatred for impunity which is not concomitant with constitutionalism, rule of law, democracy and human rights values that I have devoted all my life to promote. For God and my country.

Vincent Nuwagaba is a human rights defender

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