PROVISIONAL POLICY OF THE DEMOCRATIC PARTY
BY
PAUL K. SSEMOGERERE
PRESIDENT, DEMOCRATIC PARTY (DP)
DEMOCRATIC PARTY HEADQUARTERS
9/5/97; 19/5/97
EXECUTIVE SUMMARY
The Democratic Party views the ten-year armed conflict in much of Northern Uganda and elsewhere in the country as a human tragedy which the country and the people cannot afford any longer. We call for an immediate ceasefire to be followed promptly by a negotiated settlement.
The resort to violence in Northern Uganda and indeed in other parts of the country has been an unfortunate feature in the politics of post-independence Uganda. Such violence has not, in our view, been gratuitous. Political violence in Uganda is a manifestation, regrettable though it may be, of profound and sometimes underst[and]able dissatisfaction on account of felt injustice or oppression; of neglect or marginalization; and sometimes on account of questionable legitimacy on the part of the established leadership.
Ugandans who have taken the gun to challenge Government appear to have done so under one myth or another, notably nationalism or messianism; or they have done so out of a deep sense of frustration and resentment at what they have perceived as fruitless efforts in the past by themselves or others to improve things in the body politic through normally acceptable means and leadership. Some have done so out of psychological fear for themselves and, hence, in self defence; but there are also those who might have been prompted to take up arms by their ego and narcissistic drive to defeat everyone, and to overcome all conceivable constraints.
This paper is not addressing the mental state of such adventurers; it has no capacity to find a cure. We are addressing the issue of justified complaints and defects in the political system as well as the means adopted to deal with the conflict. The more successful one is in addressing the legitimate grievances of the people in Northern Uganda, the easier it will be to solve the Northern problem. The Democratic Party is convinced that a programme of action embracing: an immediate ceasefire followed by a negotiated settlement, a Judicial Commission of Inquiry into atrocities committed, and the granting of substantial constitutional power for democratic self-governance to the people in the region will go a long way in addressing legitimate grievances. Exercising a reasonable degree of local autonomy, the people in Northern Uganda should then be generously assisted by Government and the international community to embark on a programme of rehabilitation, and development over which they are the masters.
PEACE, JUSTICE AND DEMOCRATIC SELF GOVERNANCE (P,J & DSG) WITH RECONCILIATION AND REHABILITATION AND DEVELOPMENT FOR WAR-RAVAGED NORTHERN UGANDA
INTRODUCTION:
With the departure of former President Idi Amin, and the end of the six-year NRA guerrilla war (1981-86) it was hoped that Ugandans would finally be enjoying their deserved peace and tranquility. Unfortunately, this is not the case today; a devastating war rages on in different parts of the country, in particular Northern Uganda.
While the focus may tend to appear to be the Districts of Kitgum and Gulu of Acholi; and in the West Nile region, of the Districts of Arua, Moyo, Adjumani, Koboko and Nebbi, the atrocities and deprivations meted out against the innocent people of Apac, Lira, Soroti, Kumi, Kotido and Moroto cannot be minimized or forgotten. The plunder of all cattle in Lango (i.e. Apac and Lira) and Teso (i.e. Soroti and Kumi) as well as the suffocation unto death of scores of civilians, by officers and men of our army, in a container in Kumi, several years ago, are very fresh in our minds. And so are we aware of, and concerned with, the ongoing non-transparent but lucrative mineral (in particular gold) exploitation in Uganda's most undeveloped region, Karamoja. Consequently, this paper has relevance even in these areas i.e., Lango, Karamoja and Teso; and therefore the principle recommendations under the P,J & DSG framework should be applied there too. And as pointed out below these recommendations are, in principle, applicable throughout the country.
This paper is based on serious deliberations arrived at on various occasions over a long time by Party organs, notably the National Executive Council (NEC) and the National Council (NC), and through discussions with District and other Party leaders. This paper is also based on information obtained from official sources, seminar presentations, newspaper articles, as well as from personal experiences in the field by our leaders and other people. The Democratic Party takes full responsibility for the conclusions and recommendations arrived at.
PEACE, JUSTICE AND DEMOCRATIC SELF GOVERNANCE (P,J & DSG):
The solution to the trauma under which our brothers and sisters in Northern Uganda are daily agonizing - now for over ten years - as well as to the obstacles and setbacks to human and economic development there, lies, in our view, in a framework summarized as Peace, Justice, and Democratic Self Governance (P,J & DSG).
The Northern problem is multi-faceted, and it has injured and overwhelmed society and the individual person in all dimensions: the physical, the intellectual, as well as the psychological and spiritual.
The Northern problem encompasses, among other things: the physical destruction of lives, property and infrastructure; the maiming and infecting of the population with incurable diseases, notably HIV; depriving the young ones of educational opportunities and parental up-bringing; as well as depriving the adult population of a meaningful economic life. In addition, the Northern problem has generated unprecedented hate and mistrust between the presumed victors and presumed vanquished, and their allies; and it has created unconquerable psychological insecurity on either side. As for the innocent victims of Northern Uganda, there is certainly embedded, deep in their psyche, feelings of betrayal and abandonment and, above all, feelings of gross injustice to them - of being wronged without redress.
In light of the above analysis, it is the well considered view of the Democratic Party that a meaningful solution to the Northern problem calls for a framework based on peace, justice and democratic self-governance (P,J & DSG); and that, in turn, Democratic self-governance will embrace, initially and principally, a generously funded programme of Reconciliation, Rehabilitation and Development (RRD).
PEACE:
It is unacceptable for the international community to stand and look idly by, as hundreds of thousands of people in Northern Uganda are dehumanized and are compelled to resort to mercy-pleading on their knees, for their dear lives, before trigger-happy and, sometimes, machete-wielding combatants, perceived by them as naked oppressors and outrageous violators of human rights.
The time has come to appeal for, and even to demand, peace - initially a ceasefire. In appealing for and demanding peace we are aware of the many hurdles in the way and of the strong urge to score a conclusive military victory.
We know, for instance, how hard former UN Secretary General, Boutrois Boutrois Ghali tried to promote the UN Agenda for Peace; and how OAU Secretary General, Salim Salim struggled to convince African leaders of the need for the OAU to establish a mechanism for Conflict Prevention, Management and Resolution. The important thing is that both statesmen succeeded in their endeavour in the end.
Even the superpowers finally, are embarked on a clear course for disarmament and the banishment of war. Under such circumstances and, most important, given such authoritative leadership by the OAU, the UN etc under resolutions and treaties to which Uganda is a party, we are morally bound as a nation to stand up courageously for peace and peaceful resolution of conflicts in this country, and in this region.
In the same breath, we must reject and condemn the ongoing policy of further prosecution of the war and the rejection of a peaceful solution to the war in an obsession with a military victory regardless of the cost to life and country.
The Democratic Party notes with concern and grief:
o Uganda's deplorable history of political violence, customarily wrongly blamed on political parties per se;
o the long duration, now over ten years, of the current Northern conflict under President Museveni's leadership;
o the ever widening and unpredictable territorial coverage of this conflict;
o the scale of violence and destruction, in the conflict; and
o the unbearable cost to the country in terms of:
* firstly, precious lives lost and missing, estimated by a Government official to be in the region of over 300,000 for Acholi alone i.e., almost 50% of the entire ethnic community;{1}
* secondly, the cost in terms of thousands of otherwise able-bodied citizens, adults as well as youth, who have fallen victim to the HIV pandemic whose considerable high incidence in Northern Uganda is directly related to the high mobility and transfer of combatants deployed for action there. It is now estimated that HIV incidence for Gulu is around 80% of women screened and is the highest in the country;{2}
* thirdly, the cost to the nation's treasury and the resultant debilitating international debt burden, which has skyrocketed to the tune of US dollars four billion ($ 4,000,000,000) during the war years, from a low figure of only $ 1,000,000,000 in 1986, when President Museveni captured state power;
* fourthly, the damage to, and the destruction of, the environment, wild game, domestic animals and fowl, as well as infrastructure, resulting from pollution, constant bombings and shootings, as well as other war activities including the laying of landmines, some of which, it is alleged, are manufactured in Uganda;
* fifthly, the adverse effects on the economy and people's livelihood as a result of the "villagization" policy whereby, peasants are literally forced off their farms and out of their homesteads and their everyday activities.
Consequently, in light of the above concerns, the Democratic Party deplores, in the strongest terms possible, Government's implacable position on the Northern problem i.e., Government's insistence on only the military option within our borders, in the Great Lakes Area including the Sudan, and beyond - at whatever the cost.
The Democratic Party feels duty compelled to call upon men and women of conscience and in particular political and moral leaders, everywhere, to share our concerns and make demands to those in authority to take all necessary means to save Northern Uganda and, indeed the whole country, from further damage and destruction.
CEASEFIRE AND NEGOTIATIONS:
The Democratic Party urges the Government to have a change of heart and, as an immediate measure, work for a ceasefire to save lives and property, and help restore sanity and reason, instead of further killings and destruction. The Democratic Party makes a similar appeal to the international community, to demand of the belligerent parties i.e., Government and the rebels, in the interest of humanity, and in the spirit of various international conventions e.g., the conventions against genocide and other conventions, to observe a ceasefire for the protection of minorities, women and children, to spare the people and the country, and to help pave the way for a negotiated or mediated settlement.
JUSTICE AND DEMOCRATIC SELF-GOVERNANCE:
Hopefully step one of observing a ceasefire might be achieved; and step two, intended to promote justice and democratic self-governance, would follow under a hospitable climate. Step two, for justice and democratic self-governance, is the kernel of the entire project; it ought to be undertaken even if efforts to achieve a ceasefire failed.
The Northern problem can never be satisfactorily resolved without addressing the issue of justice and without the people concerned being entrusted, to a rational and meaningful extent, with their own destiny under democratic self-governance. It is, to us, inconceivable for the people of Northern Uganda to overcome their grief and suffering, and to be genuine partners in a programme of reconciliation and reconstruction etc., in the absence of a credible programme of justice. And it is inconceivable for the people of Northern Uganda to fully regain their self-confidence, initiative and vitality as well as to place their trust in Uganda, without the Government and the people of Uganda making the first move to place trust in them on matters affecting the destiny of the North - i.e., their own destiny and the destiny of their children and grandchildren.
After all that the people of Northern Uganda have gone through, it is asking too much of them if one proceeded, for example, to post appointed officials from "outside", to run, oversee or supervise Local Government in the North as RDCs{3}, cadres, etc or as officials in charge of the school and health systems, let alone the security and intelligence agencies there, without risk of the perception by the people in the North that they were being administered as "a conquered people".
It is the considered view of the Democratic Party that a credible programme for justice, and for granting substantial autonomy i.e., democratic self-governance, is an essential requisite in the search for a sound resolution of the Northern problem.
JUSTICE:
Justice is an essential element of our motto in the Democratic Party ("Truth & Justice"); but even more important, justice is a critical issue regarding political legitimacy. From antiquity to the present day, a political system which is devoid of a fair system of justice is regarded as morally bankrupt; and its leadership is unfit to claim the loyalty and services of its citizens. The importance of the concept of justice can best be appreciated by the fact that it is a central theme of inquiry in virtually all fields of political philosophy, with regard to relationships between, and to the treatment of, people e.g., ethics, human rights, laws, natural law and procedural law etc.{4}
It would, therefore, be a false start and totally unacceptable to approach the Northern problem without first putting in place a programme for justice. There has to be a process and a machinery to handle the serious issue of crimes committed against innocent people and against the country. Allegations of crimes committed must be properly investigated by an authoritative judicial commission of inquiry.
CASES FOR INVESTIGATIONS:
In the opinion of the Democratic Party, the following are a reasonable minimum for investigation into under the justice programme:
(a) Violation of Human Rights, generally, especially in respect of wanton killings and looting, as well as political oppression and discrimination based on the victim's ethnic background and/or religious and political affiliation;
(b) Political harassment and persecution: for example, there are innumerable complaints of large numbers of otherwise innocent people throughout Northern Uganda who, under the pretext of security measures, have been killed, imprisoned and tortured on the basis of their political beliefs or opinions, to witness:
o the arrest, torture and imprisonment of key opposition personalities or critics in 1991 e.g., former Minister of State for Foreign Affairs and UPC leader, Omara Atubo; DP and Liberal Party leaders: Andrew B. Adimola, Zachary Olum (a former Minister) and Mzee Tiberio Atwoma Okeny, amongst many others, who languished in Luzira maximum security prison charged with the capital offence crime of treason on the basis of malicious fabrications by state agents;
o the arrest, torture and imprisonment of about 300 local leaders in Acholi in 1991, who were detained without trial at various locations in Acholi, again on the basis of false accusations by state officials and functionaries;{5}
o the arrest of four alleged Kony guerrillas or Kony collaborators by senior army officers in Gulu, 1996, and handing them over to a hostile and incited mob for lynching to death,{6}
o the forceful eviction of opposition leaders e.g., Mzee Tiberio Atwoma Okeny, from their houses and home areas.{7}
o the arrest, torture and imprisonment of opposition supporters in Arua e.g. Mr. Kaku Langalanga, Abdulah Musa, a one Matia, etc., who are dumped in Luzira maximum security prison on a trumped up charge of treason - there to languish on remand without any early and fair trial in sight.
o the recent arrest in Arua of hundreds of people and their subsequent imprisonment in local prisons there, but without any proper prior police investigations and without any prospect for an early and fair court hearing.{8}
o the alleged wave of terror, in Arua, in the form of arrests, threats and killings directed at staunch multipartyists and, in particular, people who campaigned for Presidential candidate Paul Kawanga Ssemogerere, who include:
(i) one Ali, a water seller in Arua Municipality, who was allegedly tortured in the dreaded Gilgil Military barracks, and died a few days afterwards;
(ii) Alex Drandua, a prominent Pharmacist, who was gunned down near his home in Arua Municipality;
iii) four businessmen: Binaisa Amule, Isaac Okulega (Manager of Top Ten Traders), Asen Langalanga and Isaac Oscar, who were rounded up by military personnel in April 1997 and are said to be undergoing torture without being tried in the law courts;
o the arrest and detention without trial of thirty six (36) workers at Kakira Sugar Works (all originating from West Nile) following a strike at the factory over salaries, and labelling them collaborators of a rebel group operating in West Nile, the West Nile Bank Front (WNBF).
(c) Violations of Human Rights and commission of various atrocities, including heterosexual rape and rape by homosexuals, against, in particular women, children and the youth.
(d) Corruption, whereby it is alleged for instance, that senior officials in Government and the military are exploiting, and even perpetuating, the military situation in the North, in order to profiteer in various transactions there.
(e) Allegations of massacres as at Namokora, Kona-Kilak, Alero, Anaka, Acholi-Bu etc, in Acholi in 1986 as well as various incidents of bombing of civilian and non-military targets by helicopter gunships, as at Alokulum in the early 1990s.
(f) Allegation of extensive arson i.e., wholesale destruction of stored dry food by the setting on fire of granaries in the countryside. Investigations into the above issues are necessary because:
i) such investigations are mandatory, anyhow, in so far as they are into allegations of otherwise criminal acts under Uganda law;
ii) they would be investigations into internationally defined criminal acts, notably genocide and acts against humanity;
iii) where conclusive evidence is adduced, such investigations would help identify and isolate the culprits; and help lead to appropriate action, juridical or otherwise, to resolve the issues once and for all;
iv) where the allegations made for instance against Government and the military are proved to be baseless, exaggerations or malicious fabrications, welcome vindication of Government will follow, and finally;
v) a precedent has already been set in Uganda by the NRM Government itself, when such a Commission of Inquiry was set up in 1986 to inquire into violations of human rights in Uganda since 1962.
GENOCIDE AND ACTS AGAINST HUMANITY
While the Democratic Party does not assert that genocide has been committed in the North or any other part of the country, it is a matter of public knowledge that some of the allegations levelled against combatants border on accusation for genocide. Accordingly, and in order to clear the air in this regard, two things are necessary. First, there is need to state what genocide and acts against humanity mean. Second, it is necessary to institute and conduct a credible Commission of Inquiry into all serious allegations of atrocities committed in the war to put the issue at rest, one way of the other.
SECURITY COUNCIL RESOLUTION 827 (1993) AND 955 (1994){9} ON GENOCIDE, ETC:
Under UN Security Council Resolutions 823 (1993) and 955 (1994), genocide and acts against humanity were defined as follows:
o Genocide refers to any "act committed with intent to destroy, in whole or in part, a national, ethnical, racial and religious group as such":
(a) "killing members of the group;
(b) "causing serious bodily or mental harm to members of the group;
(c) "deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) "imposing measures intended to prevent births within the group;
(e) "forcibly transferring children of the group to another group"
Acts punishable under genocide are:
(a) "genocide;
(b) "conspiracy to commit genocide;
(c) "direct and public incitement to commit genocide;
(d) "attempt to commit genocide;
(e) "complicity in genocide"
o Acts against Humanity refer to crimes listed below, "committed in armed conflict, whether international or internal in character, and directed against any civilian population:"
(a) "murder;
(b) "extermination;
(c) "enslavement;
(d) "deportation;
(e) "imprisonment;
(f) "torture;
(g) "rape;
(h) "persecutions on political, racial and religious grounds;
(i) "other inhumane acts"
The Resolutions in article 7 of 823 (1993) and article 6 of Resolution 955(1994) pinpoint individual responsibility as follows:
A person who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in article 2 to 5 of the present Statute, shall be individually responsible for the crime.
JUDICIAL COMMISSION OF INQUIRY:
As pointed out above the Democratic Party is of the view that a Judicial Commission of Inquiry is necessary to clear the air about allegations of serious atrocities committed in the war zone etc. This is particularly the case in respect of allegations, true or false, of genocide, and/or acts against humanity. Even though the Security Council Resolutions under reference do not now apply to Uganda, their import to our country may not be ruled out, at least in the future.
Although the above Security Council Resolutions are, currently, applicable only to former Yugoslavia and Rwanda, the definitions of genocide and acts against humanity are universally valid. Secondly, it may only be a matter of time before these very resolutions also applied to Uganda and the mandate and jurisdiction of the International Tribunal extended here.{10} The international concern over the massacre in Rwanda, during war, allegedly of hundreds of thousands of people in Rwanda, produced Resolution 955 (1994). Similar concern of similar atrocities in Northern Uganda could conceivably produce a similar resolution with Uganda in the dock.
Under the circumstances no emphasis is needed to state the obvious, that a Judicial Commission of Inquiry is absolutely essential to pinpoint the culprits, if such there are; and, in the alternative, to clear the suspects, if they are indeed innocent.
The Democratic Party, therefore, urges Government to muster the necessary courage to adopt this programme of justice and to be open about it. As a local Luganda proverb puts it: the earlier one bears one's burden, the better (Koonooweeka tokalinda kusaaba ttaka: if you are going to carry a baby on your back do not wait until it soils itself).
Justice Not Revenge:
In recommending a Judicial Commission of Inquiry into allegations of serious atrocities, the Democratic Party is not interested in a punitive expedition in revenge actions. We are after truth; and we are of the view that a Judicial Commission of Inquiry, wisely constituted, will, in addition to bringing out the truth, serve as a cleansing process, and even prepare the ground for meaningful forgiveness and reconciliation. The Truth Commission in South Africa, and a similar one in Chile, have served their countries well. Uganda should borrow a leaf from this experience.
DEMOCRATIC SELF GOVERNANCE IN THE NORTH:
The merits in a call for substantial devolution of power to the North, leading to self governance there are so self-evident, they do not need much comment. It suffices to reiterate the long standing policy of the Democratic Party in this regard of respecting our cultural diversity and traditional institutions; and of substantive devolution of power, nation-wide, in order to achieve and consolidate local autonomy for viable communities. To this may be added the welcome positive development during the recent Presidential Election campaign when, together with the Inter-Party Forces Cooperation (IPFC) which backed my candidature and of which the Democratic Party was a constituent member, we undertook to review the Constitution in order to revisit the issue of moving the country from its current unitary character to a federal one.
The challenges posed by the Northern problem and, therefore, by a search for a meaningful, realistic and durable solution only fortify the arguments, previously made on this subject, for a federal constitution for Uganda.{11}
Uganda, as indeed many other African countries, by adopting the authoritarian model of governance and the "leadership principle", has over-invested in the centre at a costly expense to the periphery{12}. In the absence of substantive political and economic decision making power, in the countryside, it is wishful thinking to expect proper attention to be paid to the needs and demands there by the political elites in the capital who have their own demands and challenges to contend with. Given the considerable deterioration of the quality of life in the countryside; and, now is the case of the Northern Uganda, given the pathetic failure by Government to find a satisfactory resolution of the war there, it is the considered view of the Democratic Party that there is need for a redistribution of real power in the political system.
Our political system should now reflect the building of confidence, not only in the people and leadership at the centre; but in the regions and in our communities (or nationalities) as well; and, with that, the ceding of same substantial power by the centre to the periphery.
Let us give our confidence to the people in Northern Uganda, and let us put trust in them and in their self governance. In turn our brothers and sisters in the war-ravaged North will, in all probability, reciprocate and accept the challenge to shape their destiny, and turn their back to the injustices and mistakes of the past.
As they forge ahead, our Northern brothers and sisters will see the rationality and urgency of initiating a sound programme of reconciliation at the local, national and regional levels; and they will, no doubt, be well placed to set priorities for rehabilitation and development of the region.
DEMOCRATIC SELF-GOVERNANCE: NATIONALLY VALID AND APPLICABLE:
In principle, the case for federalism or self-governance for Northern Uganda is equally plausible for the rest of the country. The Democratic Party, in light of our post colonial history, argues vigorously for divided internal sovereignty in Uganda. The old adage: "Power corrupts; and absolute power corrupts absolutely" has, unfortunately been proved profoundly correct on the Uganda political scene, regardless of the qualities of the incumbents in office, so far. Uganda bleeds ponderously on account of the means and methods used by the incumbents to capture and retain power; and, in particular, it bleeds from excesses committed by virtue of the incumbent's monopoly of power.
Whether it is with Obote I or Obote II, Field Marshall Idi Amin, Paulo Muwanga or Yoweri K. Museveni, the monopoly of power has led invariably to its abuse, to the commission of irreparable damage to this country, and to considerable suffering among the people. The pursuit and perpetuation of the single power-centre model of governance has been a persistent feature of Uganda's Presidential regimes from Obote I, 1967-71, to Museveni.
THE 1967 CONSTITUTION AND THE SINGLE POWER-CENTRE MODEL
The storming, bombing and ransacking of the Kabaka's Palace (Lubiri) at Mengo in May 1966 did violence to the mind and heart of Buganda; and it virtually destroyed all remnants of traditional Buganda authority and power, vested in the Kabaka and other Buganda institutions, notably the Buganda Government, the Lukiiko as well as the clan elders etc.
The most significant feature of the "revolutionary" constitutional reforms from the 1962 to the 1967 constitution was the withdrawal, from the periphery, and the reallocation, to the centre, ...
(more will be published as it becomes available)
