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Contents

What Traditional Rulers?
Historical Background an Local Administration
Traditional Leaders
Background and importance of the Institution of Traditional Rulers
Buganda and Nation-Building
Traditional Leaders after Independence and their Abolition
Peoples' View, Concerns and Principles
Addendum

When I was invited to present a paper on the subject, The Role of Traditional Rulers in the 21st Century, I was required to make it very practical oriented and to use Ugandan Examples as much as possible.

This was quite a tall order for me. I imagined how far practical I could get short of climbing Naggalabi and get myself enthroned. But I found this a grim prospect for which I could momentarily be struck down by men or the gods. I recoiled from the enterprise. So, if I fail in my endeavours to reach the highest level of practicality expected by audience, or my instructors, I beg that you bear with me in my predicament.

I wonder how often we have used words in our daily communications which we have never stopped for a moment to discover their true meaning. The reasons why lawyers are so eager to embrace the term learned in reference to themselves is because it is the impenetrable shield to cover up their lack of learning. No other discipline runs so fast to opening books to find out meanings of words or records of things ancient, like lawyers do. And a lawyer who pretends to know anything he asserts will be speedily rebuked by the judge unless he can show the source of his authority by looking up information from books. So, when I was faced with this subject my instincts immediately sent me to the familiar journey to look for the meaning of the key words which constituted the subject. These I found to be "traditional" and "ruler".

A quick glance at my dictionary showed that "traditional" meant something done or respected according to custom from generation to generation. While "ruler" meant a person or something with power or influence over others or over certain things. It also meant a person with power to govern or with over other people or things. This definition would cover a very wide spectrum of things and situations but the subject coming at the time of the Constitution making exercise, I guessed it would be prudent to approach it from the political , social, and cultural angle.

My subject focuses on 21st century which is now a few years away, beginning a new millennium. I am also required to address myself almost entirely on the Uganda situation. When we talk about the 21st century which is not yet with us, and to propound ideas and views on the future performance of existing institutions, we are inevitably compelled to review the performances and relevance, or lack of it, of such institutions in the present century, for, as we have seen, tradition moves from generation to generation. I therefore believe that for the role of traditional rulers in the 21st century to be portrayed and discussed in proper perspective, such prophecy must be based on our experiences of the role of traditional rulers in the centuries previous to the 21st century. I will confine myself to the 2oth century as the spring board to the 21st century.

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WHAT TRADITIONAL RULERS?

The traditional rulers I am discussing in my paper in the context are the kings and similar personalities by whatever name called in their respective vernaculars. These are the persons who by tradition occupied the highest social and political positions in their respective societies over a given politically recognised area.

In the Uganda context, I would like to take the Kabaka of Buganda as the role model. With the necessary modification and adaptation the same role would be played by the traditional rulers in other areas of Uganda. I use the word areas thoughtfully and decidedly in relation to traditional rulers. This is so because in the Uganda context when we talk about kings one talks about the powers and influence they hold over a distinct territorial unit occupied by a largely homogenous people sharing the more or less a common culture, social values and aspirations. This territorial unit is a political concept. It is this territorial political unit in a given area that the traditional ruler is head of. So, by political attributes a traditional ruler cannot exist without a distinct territory and a socio-political organisation over which he exercises governance, power, authority or influence. Over the ages, in the Ugandan context, this is the concept of the traditional ruler.

In order to be very practical, as my instructions go, I suppose I have to be contemporary. In Buganda, or that political unit which once existed in the Constitution as Buganda and still exists in the minds of the population and is desired to continue to exist as such for the next millennium, there is nothing more contemporary than the views of the population of Buganda given to the Odoki Commission. The Odoki Commission is the best point of reference because it is contemporary, and the views collected were given spontaneously by people at all social levels. Consequently, I have decided to cite passages from Odoki to avoid to put forward my personal views exclusively but to propound the views of what Odoki found to be 97% of the heterogeneous population of Buganda. The citations shall be dotted with comments which shall constitute my personal views and perceptions.

I find it necessary that any vision we have for any institution such as traditional rule and traditional rulers must be based on the peoples' experiences, fears, concerns and aspirations. It is against this background that the future of the traditional rulers as an institution can be viewed. The Odoki's document is authentic because it was compiled by men and women whose integrity was not seriously contested despite that they were appointed by the Government in power, thus making their impartiality suspect in the beginning. This suspicion is pointed out bluntly by the commission itself. At page 25 paragraph 1.9 the commission's report say this:

Independence from government:
1.9 Past experience has made people very suspicious of political initiatives taken by government. Experience of rigging of elections and election results has made people determined to ensure such malpractices do not happen again. As a result it was necessary that the methodology adopted assured all people that the Commission was working independently of government.

Comment:
To my mind, and in the minds of many people, the Commission have by and large been straight and fair. Giving them the benefit of doubt, I will quote liberally from the Odoki Constitutional Commission's Report. I hope I will be understood if I personalize the report and call it simply Odoki now and again. At page 26 paragraph 1.14 Odoki says;

Critical Analysis of Society
1.14 Both the people and the commission regarded a critical analysis of Uganda as a major basis for the Constitution making process. Before worthy solutions for democratic governance could be given, it was necessary to make a critical diagnosis of society to discover why peace and stability, democracy and development had been out of reach for the past thirty years. This study involved examining the history, cultures and constitutional arrangements which to a large extent can explain what has happened in the past. Many of the people's views contributed richly to this critical analysis.

Comment:
It is noteworthy that the span of thirty years referred to the period from independence to the date of the Report which includes three-quarters of the NRM administration.

People's fears and concerns
Some of the most outstanding peoples fears and concerns are given thus by Odoki:

1.16 There was initial doubt in the minds of some Ugandans on the genuineness of the government in launching the exercise.

A few imagined that the NRM government had already made its own Constitution and had chosen a Commission of its own "liking" as a mere rubber stamp.

There was fear about whether the Commission would be impartial in its work, and free from interference by government.

There was fear that the people's views might be "rigged" in order to support the favoured positions of the government in the new draft Constitution.

Some feared that the new Constitution would be based on temporary aspirations to the detriment of lasting results.

Many people feared that Constitution, like the previous ones would be elitist, that is, based on the views of members of the elite.

Some feared that the necessary freedom of expression would be curtailed so as to impose on the people what the government wanted.

Many people were concerned that the government could tamper with the Commissions Report.

Everywhere there were very strong concerns about safeguards for the new Constitution. If adequate safeguards could not be found in the new Constitution, many people felt the exercise would have been futile.

Taking those fears and concerns into account, Odoki states:
1.17 The Commission took these fears and concerns seriously and deliberately adopted a method intended to dispel those fears, cater for the concerns, give confidence to all and make the legitimacy of the exercise unquestionable.

1.19 The functions of the Commission as spelt out in the Statute were: to study and review the Constitution with a view to making proposals for the enactment of a national Constitution that will among others:
(b) establish a free and democratic system of government that will guarantee the fundamental rights and freedoms of the people of Uganda;
(c) create viable political institutions that will ensure maximum consensus and orderly succession to government;
(d) endeavour to develop a democratic, free and fair electoral system that will ensure true people's representation in the Legislature and other levels.

Comment:
These were some of the most glaring fears of the people Odoki found when collecting the views on the future Constitution. The new Constitution in the making is about to be promulgated. Taking the direction, debates and adoption of the Constitutional provisions in the C.A. today, it is more than clear that the people's fears expressed at the outset of the exercise were not only genuine but were also a prophecy of things which were to come. To my mind what the people feared has actually happened. No other than the immediate past Minister of Constitutional Affairs has come out publicly to state that people's views were actually rigged in some respects. The freedoms of expression and assembly have been and continue to be curtailed throughout the period of the Constitution making process. Temporary aspirations which should have been left to a consensus agreement or legislation, have been used to entrench in the Constitution the party for the time being in power through the cunning device of indefinite five year terms, thus introducing a one party state through the back door. In support of this, speeches being made by important personalities in the ruling party boast of long term plans conceived long ago of clinging for power to a minimum of twenty years. The ingredients for fulfilling this cherished dream are already laid down in the new Constitution. People's views at grassroots, especially in Buganda on federo and unity, have been ignored and officially replaced by the resolutions of the easily manipulated or easily intimidated RC Vs. Consensus has been abandoned as a principle of Constitution making and substituted by the numbers game. Those who stick to the people's mandate are denounced as sycophants, criminals and called names which decent people in our society regard as unmentionable in public.

In the endeavour to dispel the people's expressed fears, the Commission found among others that

3.73 (c) Ethnic and religious diversity are dominant features of Ugandan society. This diversity is not incompatible with national aspirations and nation-building and can be a basis for the gradual emergence of a strong nation. Societies become cohesive or divided depending on the politics of those who lead them.
(d) The institutions and systems of governance that we evolve must be sensitive to this diversity. For governance to gain legitimacy, all social groups must feel they belong to and are involved in it. The new Constitution must ensure social participation. Differing social perceptions of governance must be accommodated. The peculiarities of communities should not be suppressed as long as they do not go counter to the essential principles of democracy and human rights.

Comment:
From this it would appear that the enemies of national unity are those who are set to deny the people of a homogenous cultural background to live together by dividing them into rival units of doubtful viability such as the independent districts created in what was once Buganda, Lango, Acholi, Ankole, Teso, Karamoja and many others.

It is apparent, that the organs which subsequently took charge of the constitutional making process are only bent on devising means to divide people. Every effort has been taken to refuse to accommodate ethnic diversity. Differing social perceptions of governance are being entirely resisted by resorting to coercive apparatus of the state. The peculiarities of communities are being suppressed despite their cherished goals of conforming to the essential principles of democracy and human rights. Despite the decentralization chant, we see that the real centres of power are still highly centralized, more significantly, the maintenance of law and order, the administration of justice, the social services and finance. Only a trickle of revenue is reserved to the districts leaving 99% of it in the control of the Central Government as a leverage for patronage, control and coercion of the local governments of the now numerous, weak fragmented and unviable districts with neither adequate financial base or manpower. That makes a mockery of the highly hyped federal status of the districts alleged by functionaries of the ruling party which boasts to have the majority in the C.A., despite the claim and the rule that political party politics was not a factor and was neither encouraged nor allowed in C.A. elections. So, those lofty sentiments expressed by the Commission were not only disregarded but trampled down upon and thrown to the rubbish tip.

The Commission found that as a consequence of the past leadership ignoring and actively suppressing those vital nation build people's concerns:

4.12 The independent Ugandan state has been characterised by turmoil, with groups seeking to control State institutional structures but ignoring the formal rules. Various groups have sought to impose their own political agendas which, in turn has provoked violent reactions from opposing groups. Such strategies for nation-building that have been worked out have been too closely associated with individuals and particular interest groups to be taken seriously as the basis for development of common values. Groups have been made use of nation-building strategies only to the extent that their interests have been served or legitimised. The flag, the anthem or any permanent symbols for nation-building have been invoked only to serve particularistic interests.

Comment:
It would appear that no lessons have so far been learnt from the past. History repeats itself, they say, because history teaches no lessons. The Ugandan state is still embroiled in a tug of war some individuals and a particular group now in power have abandoned strategies for nation-building and are too busy contriving devices to impose their own political agendas ignoring formal rules. The Commission stated:

4.16 People's views submitted to us show clearly that proper working of socio-cultural, economic and political institutions will entirely depend on positive attitudes towards these institutions on the part of both those holding office and the ordinary people. It is the sum total of these positive attitudes that can assist to sustain a political system. Among such recommended ingredients for promoting the nation-building process have been: equitable allocation of resources and democratic institutions, history and culture and tolerance, promotion of human rights and particularly freedom of the press, and the family.

Comment:
What we see today is a negation of those positive attitudes which promote nation-building. Increasingly we see a remake of what cause turmoil. Only the future will tell whether a Constitution so conceived and dedicated to the grandiose achievement of political agenda of a distinct group to the exclusion of the legitimate demands of significant communities and political organisations can long endure.

Odoki continues and says:
5.11 "Uganda is at crossroads. There is an opportunity to make a fresh beginning and establish new constitutional foundations that may stand a better chance to last the test of time. Views from the people show that there is widespread awareness of the fact that we have a chance to appraise our historical experience, the concerns and aspirations of our people and the factors that have characterised and been responsible for the country's present political and economic malaise.

Odoki goes on:
5.12 Political and constitutional instability has been the principal characteristic of Uganda's post-colonial history to the extent that by 1985 the very existence of Uganda as a state was threatened. This factor alone has been highlighted by the Commission's terms of reference in Statute 5 of 1988 and in many memoranda from the people as justifying the development of a new Constitution.
5.13 Uganda has not had a consistent or viable system of governance since independence. We have drifted from a Westminster parliamentary system into civilian and military dictatorships. Coalition arrangements in the from of the UNLF and the present broad based movement, the NRM, have also been, and are being, tried. National institutions inherited at, or created after, independence have either degenerated or have broken down altogether as successive regimes rose and fell.

Comment:
The New Vision issue of 25th July 1995 reported the National Political Commissioner as having said that the NRM is no longer of broad based character. This has not been refuted. It means therefore that it is now a political party pure and simple. If so constitutionalizing it means institutionalizing one party state and a military-cum-civilian dictatorship. The writing [is] on the wall.

Odoki goes on:
5.15 The ordinary people are demanding an end to sudden and violent change of government and the consequent political, social and economic destabilisation that has caused so much suffering. They castigate the "fashion" of "going to the bush" to resolve political and constitutional problems which has resulted in terrible consequences to the ordinary people who get caught up in conflicts. They demand effective mechanisms to be put in place to ensure orderly and peaceful transfer of power so that people's lives are not unduly disturbed.
5.16 The people have noted that one of the principal causes of instability is that past Constitutions have not been honoured; that "power hungry politicians" faced with constitutional arrangements that did not fit or which limited their designs or interests.

After listing the evils which cause instability Odoki says:
5.26 Our analysis has assisted us to draw conclusions and develop principles relevant to the making of a new Constitution.
(b) There are certain principles from the 1962 Constitution which should guide the new Constitution:
(i) The principle that a good Constitution is a product of compromise is an important guiding principle for the current process;
(ii) The principle of decentralization of governance which underlies the "federal" arrangement established by the 1962 Constitution should guide the establishment of real democratic governance under the new Constitution.

Comment:
It will be noted that under the federal principles of the 1962 Constitution and indeed in all Constitutions of the world over which incorporate the federal principles, people who share similar social backgrounds or have lived amicably together before the making of the new constitution, are grouped together as a state or province irrespective of their numbers and size of territory. It will also be seen that as in the 1962 federal arrangement, all constitutions which incorporate federal principles, seriously address the sharing of the national cake; and guarantees are put in the Constitution to ensure equitable sharing of resources by the federal units. This is often done on the basis of taxation and mandatory grants of a percentage of revenue. But the unitary decentralization which has now been constitutionalized gives crumbs only to the hungry majority and reserves the entire cake to the minority at the Centre to do as they wish. Graduated tax is the main source of revenue reserved to the districts does not make even 1% of the National Revenues. In the event development cannot be controlled by the people nor will resources. It is now a case of decentralizing poverty to the districts not resources to the people.

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HISTORICAL BACKGROUND AND LOCAL ADMINISTRATION

A historical setting is necessary to my subject and as since the dawn of colonialism in Uganda traditional rulers have, been involved with local governments, a few remarks on local government come in handy for a clear review of the subject. Once again I will rely on Odoki.

He says:
18.6 It is important to evaluate Uganda's experience of local government so that the Commission's recommendations on the subject are based on realistic foundations. We must take account of the lessons learnt from experience of operating local government and of social and political factors which might limit the chances of people's aspirations being effective. In particular, we must take in to account past constitutional and legal arrangements and how they have worked in practice.

The Pre-Colonial Period.
18.7 The system of local governments before the colonial period varied from area to area. In the centralized Kingdom areas like Buganda, Ankole, Bunyoro and Toro, chiefs of various grades were appointed by the kings to administer particular areas. In the segmented societies like Karamoja, Teso and Kigezi, chiefs or clan leaders exercised a varied range of administrative functions over their clans.

The Colonial Period.
18.8 The British found a system of administration in Buganda based on a hierarchy of chiefs from the sub-parish chief through the parish chief, sub-county chief and county chief. The system of administration so impressed the British that they not only maintained it in Buganda but also introduced it in other areas of the Protectorate.

Comment:
Even today, the NRM, RC system is almost a carbon copy of the ancient administrative structure found in Buganda, complete with councils which were abolished in 1966 on the attempted destruction of Buganda. Odoki continues:

18.9 There was an appearance of local participation, first because in Buganda and to a lesser extent the other kingdom areas, the traditional rulers were left free to administer their areas.

Comment:
So, local empowerment is not the brainchild of the NRM revolution or of the present day highly hyped decentralization.

18.10 Uganda was divided into local administration units based on areas inhabited by the different ethnic groups. The administration units under the Protectorate Government consisted of provinces, districts, counties, sub-counties, parishes and sub-parishes. Buganda was the only province which was administered as a single unit without being divided into districts. With the exceptions of Bukedi, Kigezi, Toro and West Nile, the district boundaries coincided with relatively homogenous ethnic groups.

18.11 Demarcation of local administration units on the basis of ethnicity had the advantage of unifying peoples who shared a common history, language, culture and traditions.

18.52 The attainment of national unity was one of the stated aims of centralisation. In the opinion of many people, the exact opposite happened. In their view, forced unity which does not take into account the diversity of the people is bound to fail because it arouses hostility and resentment.

Comment:
This is an ominous warning which for the good of this country the leadership are well advised not to ignore while there is still time to make amends.

Lack of checks on the centre.
18.53 Many Ugandans believe that there is a relationship between the weakening of local government and the emergence of dictatorship in Uganda. So long as local governments had sufficient powers and resources, they could could exert some pressure on the Central Government to act within the confines of the law. Buganda, the semi-federal states and the elected districts governments had provided some checks on the central Government. With the abolition of the kingdoms and the gradual destruction of local governments, checks and balances built into the Constitution at independence disappeared.

Comment:
You can now understand why the NRM Government is so keen to constitutionalize the unitary system of decentralization and to totally resist the federal system of decentralization. It is to avail these checks and balances so that those in power will forever have unfettered power not only over our daily lives but also over our national resources and funds. This accounts for the present scenario in the Central and Local Government institutions. The Public Accounts Committee of the NRC has over the years now been bringing to our attention this misuse of public funds. The National Political Commissar who is also the first Deputy Prime Minister is reported in the New Vision to have admitted the rampant corruption and the theft of public funds in government departments and institutions. He, however exonerated ministers. He gave no reasons for this exemption.

Patronage.
18.54 Many people complain that local government and the district civil service became a little more than a source of patronage. People see this as one of the reasons why there are so many unqualified, corrupt and uncaring people in positions of leadership in the local administrations.

Comment:
The corrupt or extravagant officials in local government, Central Government and other public institutions are often protected  through transfers, promotions, prestigious jobs abroad and clandestine immunity from prosecution. Huge sums of "personal" money contributed at fundraising functions by persons in public office, totally out of keeping with the contributors' known personal resources do not engender confidence in the incorruptibility of the leadership at all levels. There are even reports of money stolen from public funds, being replaced yet again from public funds by godfathers in public office in order to save the thieving ward from going to jail, thus putting a seal of approval to corruption and theft by well placed personalities.

18.55 There is concern about lack of control over officials who serve our local administrations. With no popular control over political leaders and civil servants, there was no accountability to the people.

Pressure to "capture" the centre:
18.57 The emasculation of local governments meant fewer opportunities to exercise political power. Many Ugandans believe that this partly accounts for the intense and sometimes violent competition for political and public offices at the national level.

Rejection of patronage:
18.65 People have made it clear that there should be no way in which those in power in the centre can use local governments as a source of patronage, something clearly in conflict with local government.

Odoki extols the virtues of unity in diversity and says this:
Unity in Diversity:
Nobody has expressed the view that Uganda should not remain as one entity, but many views want a system of local government which allows for unity in diversity. By this they mean that the system should be flexible enough to cater for local circumstances and conditions, while at the same time ensuring minimum national standards and goals in local governments.

Comment:
Yet the high priests of decentralization and social disruption continue to shout their imaginary and maliciously fabricated Buganda's desire to secede if Buganda remained united. They have the same agenda for all ethnic communities. This fragmentation of communities fits in their grand plan to weaken local government in order to centralize power, institutionalize patronage, graft, corruption and theft of public funds, stifle checks on their performance, capture power at the centre and perpetually monopolize it, and gag any criticism and opposition from any quarter. When communities loose their voice under the fragmentation system miscalled decentralization the evils outlined will have very fertile soil to blossom. The result will be the evils pointed out by Odoki and what we have seen already.

Equalization of development:
18.68 The issue of balanced development of all parts of Uganda has figured prominently in the views submitted to this Commission. As long as there are noticeable disparities between different areas of the country, there will be tensions and conflicts in the Country.

Guarantee of adequate resources:
18.69 Many views advocate that local governments should be given sufficient and reliable financial and human resources to enable them to provide services to the inhabitants of their areas. To avoid uncertainty, sources of finance for the local governments should be guaranteed against encroachment by the Central Government.

Comment:
This is one of the pillars of the federal principles. A mere mention of this sends violent tremors in the NRM centrist camp. Sharing of functions under the unitarian decentralization structure is most welcome but sharing of resources and revenues is anathema. This is the strongest reason they hate federo for. They do not want to have a meaningful share of power or share of national resources.

Such is the background to the subject I have been invited to give a paper on.

Any un-researched discourse is bound to be met not only with suspicion but also with derision. I would therefore once again avail myself with the data from all the research conducted by the Odoki Commission from which I shall once again quote liberally. The people's and the Commissions' views on the Traditional Leaders is contained in Chapter Nineteen of the Report.

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TRADITIONAL LEADERS

19.1 The chapter is divided into five sections. The first section discusses the background to the institution of traditional rulers in Uganda and the importance people's views have attached to it. It also analyses the types and roles of traditional authority under colonial and in post-independence period.

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BACKGROUND AND IMPORTANCE OF THE INSTITUTION OF TRADITIONAL RULERS

(Importance and Relevance)
19.2 The issue of traditional rulers was extensively debated throughout the country and more especially in Buganda. It was identified by the people as one of the constitutional issues which the new Constitution should decide once for all.
19.3 The relevance and importance of traditional rulers are based on the uncontested fact that they were the basis of government and organisation of African societies from time immemorial to the advent of colonialism. They shaped the history, culture and identity of the various people who now make up the Uganda nation. The way they relate to the colonisers and the emergent colonial policy towards them shaped the character of the State of Uganda that was moulded in the process.
19.4 Throughout the colonial period, the traditional rulers played an important role in the politics of the country, the creation of law and order and in the struggle of independence. Ever since 1967 when the institution of traditional rulers was unilaterally abolished, it continued, in certain parts of the country, and more especially in Buganda, to be loved, recognised and respected by the people.
19.5 As many of the people's views expressed, the institution of traditional rulers is essentially an issue of the fundamental human right to culture and unity in diversity. Since people fully wanted the new constitution to be based on fundamental human rights, the institution rulers had to be seriously reviewed from this important perspective.

Types and Roles of Traditional Authority
19.6 The people of Uganda had by the advent of colonialism reached different stages of development. There were those who were still close to communalist living, and others who had evolved centralised forms of governance. By the time colonial rule was established, traditional leadership could be categorised under three broad types: monarchies, clan councils and paramount/military chiefs.
19.7 As peasant economies of pre-colonial Africa required close relationships among the people, in all the various societies of pre-colonial Uganda, the leadership was closely linked with the people, even where monarchies reigned. In all systems f government, clan councils were important organs of political, social and cultural organisation.

Monarchies
19.8 Buganda and much of the Western region of the country which is part of the interlacustrine region, had evolved economies more developed than those in other areas. It, therefore, became possible to develop an efficient centralised administration that is always a necessity to regulate relations in relatively developed  economies. As a result powerful monarchies had evolved in the region.
19.12 The social relationship under monarchies were to some extent akin to the feudal system but varied from kingdom to kingdom. In the Buganda kingdom by the nineteenth century, the Kabaka ruled through a hierarchy of appointed chiefs (Bakungu) and the clan leaders (Bataka). Through the well-organised clan system descending from the Ow'akasolya, Ssiga, Mutuba, Lunyiriri, to the Luggya, the people became attached and linked to the monarchy, the chiefs and clan leaders. The Kabaka is the head of all clans, (Ssabataka), into which Ganda society is neatly divided. Although the Kabaka is selected from the royal line (abalangira) an important relationship to every clan is provided by custom whereby the Kabaka is an exception to the patrilineal rule of a person taking his father's clan. The Kabaka takes the clan of his mother and this ensures that every clan has a chance of one day returning a king. Besides, every clan has a traditional duty which it alone can carry out in relation to the king and his palace.

Comment:
This democratic element has always been suppressed by the opponents of monarchy in Buganda. Another democratic principle of Buganda monarchy which is often lost sight of is that no Prince of the Drum (royal prince which custom allows to become Kabaka) is allowed to be appointed a chief or even head of the Balangira (princely) Clan. So Ssabalangira can never be an aspirant to the throne. With this arrangement there was no and there is no ruling class in Buganda. Any Muganda can aspire to the highest administrative office of Katikkiro.

19.14 This crucial difference between the monarchy of Buganda and other monarchies goes a long way to explain the great attachment to the monarchy manifested in the views from Buganda in contrast to the minority of views supporting restoration of other monarchies.

Traditional Rulers under Colonial Rule: Agreements
19.21 The agreements made between the four kingdoms areas and the colonial authority were conditioned by the existing relations with the colonising power, the atmosphere in which they were made and the ability of the local leaders to negotiate. Accordingly, they differed greatly in contents.
19.23 The Buganda Agreement contained a number of important elements.
(a) The Agreement clearly fixed the boundaries of Buganda.
(c) Under article 3, Buganda conceded to "rank as a province equal rank with any other provinces into which the Protectorate may be divided". This was victory to the colonial authority.
(e) The principle that laws made for the general governance of the Uganda Protectorate by Her majesty's government would equally apply to the Kingdom of Buganda was accepted. There was, however, an important exception that such laws should not conflict with the terms of the Agreements. In case they did, the terms of the Agreement would constitute a special exception in favour of Buganda.

Comment:
The above is the anchor of federal principles and a Constitution based thereon. This shows clearly that federalism or federo governance in Buganda did not start with the 1962 Constitution but in 1900 when Buganda agreed to be a province of a new country called Uganda. So, for Buganda a traditional ruler exists in a traditional form of governance and that is in a united Buganda, with an administration structure and clear sources of revenue, with responsibility to use such revenues for the benefit of the region and the people of the area over which he is traditional ruler.

19.31 As independence approached, it was clear that the issue of monarchies had to be adequately addressed, if Uganda was to be kept together as one nation.

Traditional Rulers at Independence
19.37 Immediately before independence the only traditional rulers of national significance were the monarchs of Ankole, Buganda, Bunyoro and Toro. The Kyabazinga of Busoga has also gained prominence of local stature as the accepted traditional head of Busoga. The four monarchs and the Kyabazinga, in varying degrees, did influence the course of national politics leading to independence.
19.38 First, as the rallying point of their kingdoms vis-avis the colonial authority, they contributed to the struggle for independence. Theirs were presented as self-governing kingdoms which could negotiate directly with the colonial government.
19.39 Second, the Buganda monarchy had a unique role to play. The exiling of Kabaka Muteesa II was significant not only to Buganda but to the whole Uganda's struggle for independence. It aroused feelings of anger among nationalists at the uncalled for humiliation of an African leader. It helped to unite Baganda more closely and it strengthened the nationalist feelings for demanding independence immediately.
19.40 Third, even if the kings had lost their traditional executive powers, they were listened to by their people. As rallying centres of influence, the kings reinforced the work of nationalist politicians.
19.41 Fourth, the political influence of the kings played an important part in the negotiations for the independence Constitution. It also ensured that their status was entrenched in the Constitution of 1962.
19.42 Fifth, the existence of these kings with governments under them contributing to the image of federal self-governing states even before independence.

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BUGANDA AND NATION-BUILDING

19.45 Several writings refer to what they call "the Buganda factor" or "Buganda Question". In the submissions we received, particularly from Buganda, there is ample reference to the position of Buganda within Uganda, the special status of Buganda and the roles it has played and should play in the future in nation-building, national politics and development. We considered it important, therefore, to devote this section of the chapter to the roles of Buganda in relation to the entire process of nation-building.
19.46 In considering the Buganda factor there are important points to emphasise and which have been articulated in people's views.
(a) As already stated it was Kabaka Muteesa I who invited the British to his country to help him develop and educate his people.
(b) Once in Uganda the British took Buganda as the base around which they would construct the Protectorate of Uganda.
(c) Buganda's administrative structure was introduced almost wholesale into all the various parts of the country. The initiative, however, of introducing Ganda administrative structures and sending Ganda agents elsewhere did not originate with the Baganda themselves but rather, with the colonial administration.
(d) Similarly the use of Luganda in areas beyond Buganda kingdom was the initiative of the colonial administration and/or Christian missionaries.
(e) The geographical position of Buganda in the centre of the country and the fact that the national capital was put within Buganda both added to Buganda's influence on both nation-building and national politics and development.
(f) The population factor is also of great significance. Over a quarter of the entire population of the country is in Buganda. This makes it imperative that if peace is to prevail in the country, Buganda must be peaceful. Past experience has shown the validity of this observation or affirmation.
19.47 The above factors need to be reflected on seriously and objectively by society in order to create a positive attitude to Buganda in the entire process on nation-building. As it has been argued in some views submitted to us, it is unthinkable to imagine Uganda without Buganda or Buganda without the rest of Uganda.
19.48 Both its monarch and Buganda's status more generally did play a prominent role in the political development of Uganda.
19.49 Almost a consensus of people's views in Buganda has expressed the desire for the restoration of the institution of Kabaka. It is thus important to analyse the basis for this strong demand.
19.50 The attachment of Buganda to the institution of Kabaka can only be understood in the light of the roles it plays in society. The Kabaka was not only a political ruler but also played important cultural, social, religious and judicial roles. The Buganda Constitutional Proposals submitted to us by the Ssabasajja Ssabataka's Supreme Council and the Buganda Bataka Heads of Clans' Council explained this attachment in the following manner:
(a) The institution of Kabaka is part and parcel of the cultural heritage of the Baganda.
(b) The institution is as old as 600 years during which it has always been the focal point in the culture of the people.
(c) Kabakaship is tied to the people of Buganda through the clan system. The moment a Muganda is born and is given a name he or she is intractably and forever tied to his or her clan and subsequently to the Kabaka who is the head of clans. The clan dictates not only the name he or she is given but the particular traditions he or she may follow, who he or she may marry, where to [be] buried, who may succeed to his or her property, etc.
(d) The institution accounts to a large measure for the relatively high level of development in the areas where it existed. It promotes unity and peace and creates incentives for community development.
19.51 The Kabaka held supreme executive and judicial powers but exercised most of his functions through the traditional and appointed chiefs. That a few Kabakas abused their powers and one is referred to as having been deposed from the throne, did not make the people hate the institution itself, which is always distinctly conceived from the individual incumbent. The Baganda hold this royal institution as sacrosanct despite the continued social and political changes in the powers and privileges it enjoys at any particular time.

Comment:
Blinded or motivated by the hunger the centralists deceive the people that federo if granted, the Kabaka (king) will exercise absolute power and deny the people freedom. Odoki has laid bare their lies.

19.54 Buganda had rejected participation in the constitutional discussions of 1959 for strong reasons contained in the Wild Report (Nos 11-12). Likewise it did not participate in the consultations of the constitutional committee of 1961. Buganda, however, actively participated in the subsequent consultations of the 1961 and 1962 which formed the basis for the Independence Constitution of 1962.
19.55 The above explains Buganda's attachment to the spirit and principles of the 1962 Constitution. Most of the submissions which wanted restoration of the 1962 Constitution came from Buganda. In the Buganda Constitutional Proposals to the Commission, two points were clearly made in relation to the 1962 Constitution.
(a) We must point out that there was near unanimity of view on the spirit and principles enshrined in the 1962 Constitution. We have endeavoured to incorporate this spirit and principles in the documents we have presented.
(b) We have been given this message that the people of Buganda deplore the abrogation of the 1962 Constitution. They hope, however, that if the spirit and principles of that Constitution are incorporated in the new Constitution, Buganda will happily take her place and play her role together with other nationalities in Unity and Concord for the benefit of all peoples of Uganda.

After that historical review the Commission concludes:

19.56 For effective nation-building process to take place, the feelings of mutual suspicion on either side should be brought to an end. The policy which appeared to be pursued for several years beginning in 1966 of unfriendly encirclement and humiliation of Buganda should never happen again. The necessary fundamental change in attitudes should emphasise mutually, full acceptance of each other, respect for each other's diversity, especially in culture, peaceful discussion and resolution of any outstanding issues may that arise.

Comment:
The continued existence of this iniquitous policy of unfriendly encirclement and humiliation of Buganda found and confirmed by Odoki is manifest for everyone to see. It is being pursued with great zeal. It is not enough to say that there are some Baganda in the ruling party and establishment. No regime in the world however oppressive has lacked collaborators for sinister anti people schemes. But the presence of such collaborators does not reduce the weight of the oppression meted out to the population or the gravity of the hatred the majority of the people concerned bear against such evil schemes.

19.58 Cash crop production spread quickly in Buganda and the economic growth of the province advanced at a greater pace than perhaps in most other parts of the country.
19.59 These opportunities for economic development, however, were also shared by people from other areas of Uganda.

Buganda and National Politics
19.60 It was in Buganda in the early 1920s that associates with political objectives began to emerge. The Young Baganda Association used the new tools of an indigenous press to attack strongly the over-stay in power of the old chiefs and in the process dismantling the old regime of chiefs.
19.61 The rich peasants and the young educated gentry who had gained from cash crop production and modern education were at the center of opposition to what they saw as political and economic injustices. It culminated in the riots of 1945 and 1949. The leaders of the opposition called for democracy in the Lukiiko and wanted a greater say in the management of the economy. Of course, these agitations and the articulations of grievances influenced the spirit of nationalism throughout the country, thus laying a basis for national politics.
19.67 In essence this is the Buganda issue which is the background to the current debates about traditional rulers. Here was a nation that was independent before the advent of colonialism and which, through the 1900 Agreement, seemed in appearance under indirect rule to have preserved its autonomy under colonialism and to have kept its special status. On the other hand, it was the clear colonial policy that the entire Uganda Protectorate was to form one nation.
19.68 The 1962 Constitution was negotiated and promulgated against this background. I would say that the spirit and background which characterized the 1962 Constitution remains as true today in the minds of the Baganda as it was then.
19.69 It is against this background of Buganda's positive role in national politics and its attachment to its traditional institutions that the issue of traditional rulers can be best discussed. Buganda has been the axis in the formation of the nation. It contributed a large percentage of the domestic product plus the human and physical resources for the continued existence and development of Uganda. Many national institutions were sited in Buganda. Uganda needed Buganda just as Buganda needed the rest. This is the basis for principled compromise for the good of each other and all.

Comment:
Here Odoki is referring to Buganda taken for granted as a unit, not to the districts which were severed from the decapitated Buganda. He is not talking of a phantom now reported as being proposed by the NRM Constituent Assembly Delegates deeming the districts of Buganda to have agreed to unite and later to disunite as they wish. It is an insult to the intelligence of the Baganda for anyone in leadership to imagine that they are unable to see the trap of the destruction of Buganda laid in this formula.

Odoki continues:
19.70 What is said of Buganda in this section could also be done for each part of Uganda. Each had a unique history and contribution for the good of all and above all in the process of nation-building. Each needs Uganda and the preservation of its identity.

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TRADITIONAL LEADERS AFTER INDEPENDENCE AND THEIR ABOLITION

19.71 Under the 1962 Constitution, the status of the four monarchs and the Kyabazinga of Busoga was entrenched. Their legal status was defined in the Constitution of Buganda and the special provisions relating to the other kingdoms and Busoga as contained in the Schedules 1-11 of the Constitution. The kingdom governments were to be run in the names of the kings or the Kyabazinga who were to be kept informed on important matters concerning government. In law, however, the kings were constitutional heads who were required to approve whatever their governments decided.
19.77 The 1966 crisis witnessed the unilateral suspension of the 1962 Constitution, the removal of Muteesa II from the post of President and arrest of the alleged conspirators. When Muteesa II protested, Obote's reaction was to abolish the Kabakaship in 1967 Constitution which had been kept in the interim Constitution of 1966. The other kingdoms and Kyabazingaship were also abolished in the process. Likewise the 1967 Constitution abolished the federal and semi-federal structures of the kingdoms. In the eyes of then Parliament the office and political arrangements were accorded similar treatment indicating that one had led to the other

Comment:
Political demagogues who are ignorant of the chronology of events and those deceitful politicians who were active participators in the destruction of Buganda in 1966 and are still in political positions of influence today tell the unknowledgeable population that the abrogation of the 1962 Constitution was the result of the resolution expelling Obote's Government from Buganda soil. This ignorance or deliberate deceit has been exposed here by Odoki. The truth is that the abrogation of the 1962 Constitution by Obote is what led to the Lukiiko resolution. When he single handedly abrogated the 1962 Constitution, Obote removed the authority by which he ruled and placed his government on Buganda soil. The Lukiiko showed consummate knowledge and adherence to constitutionalism and clout. Only the Buganda Lukiiko then raised a voice against tyranny. Fifteen years later the others followed and achieved through violence five years afterwards what the Buganda Lukiiko had tried but failed to achieve through peaceful means. What the C.A. has passed in the new Constitution, the right and duty of every Ugandan to resist unconstitutionalism, was what the Buganda Lukiiko took upon itself to do thirty years ago. The Buganda Lukiiko and the Baganda have always shown great foresight in political matters as the Odoki Report amply testifies. They are still doing so now, but this time unlike  before, they are not alone at this in Uganda. Other communities of Uganda are also awake to this.

19.78 What happened in the crisis of 1966 and afterwards has greatly influenced people's views in discussing the issue of traditional rulers. In the view of many people, Obote's crisis of 1966 did not in any way warrant the dictatorial suspension of the Constitution of 1962. The tensions between him and Muteesa II did not warrant the full-scale attack on and destruction of the Lubiri and the people therein. The manner in which both the provisional Constitution of 1966 and the Constitution of 1967 were made was against the spirit and the provisions contained in the 1962 Constitution for amending a national constitution.
19.79 The abolition of traditional rulers was preceded and followed by a continual state of emergency over Buganda which lasted until the coup of 1971. Many areas, especially Buganda, felt very insecure and deeply wounded by what happened from 1966. This experience of suffering nurtured great attachment to the institution of traditional ruler which has been able to be given free expression during this constitution-making process.

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PEOPLES' VIEW, CONCERNS AND PRINCIPLES

19.80 In view of the history and cultural impact of the institution of traditional rulers and given the tragic and unilateral manner in which it [was] abolished, it was naturally expected that the people from the former kingdom areas would provide serious debate on the issue. We certainly found this to be the position and especially in Buganda.
19.81 Right from the time of the district educational seminars held soon after the Commission was established, we found that the participant in the districts of the Buganda region discussed this issue very widely. In the regions of other former kingdoms and Busoga, the issue did not feature prominently. In the non-kingdom districts, the topic received minimal discussion.
19.88 Those in favour of the restoration and preservation of the institution of traditional leaders were quite articulate as to its utility and relevance. Buganda submitted the majority of views on the issue, which included the biggest single memorandum received by the Commission from the Ssabataka-Ssabasajja's Supreme Council and Clan Leaders. The Abalangira of Busoga, the Babiito clan of Toro and the Orukurato orukuru oruteraniza Engabo za Bunyoro-Kitara also submitted memoranda.
19.89 The arguments most emphasised included the following:
(a) The institution of traditional leaders is part and parcel of the cultural heritage of some Ugandans. As such, those who want it and respect should be able to have it as an essential part of their fundamental right to culture. The institution is intimately linked to the clan system which forms the essence of all social relations. Without the Ssabataka (head of clans) in the case of Buganda, the entire clan system and social development is seriously affected.
(b) The institution did a lot to unite people and forge their identity. It can do the same now and in the future as other monarchies in Europe and Africa have continued to do for centuries. To achieve meaningful and lasting national identity, it is imperative that the different units which make up the nation-state are strongly united among themselves. Far from being a hindrance to national unity, the institution of traditional leaders, once motivated, is an important asset towards the goal. In this view it is not accidental or coincidental that the abolition of the institution in 1967 was the beginning of the real national instability and disintegration.

Comment:
It is obvious that to take away the social, political and traditional structure upon which the institution of traditional ruler is sustained is the nearest point to once again abolish the institution. No population in their right senses can be deceived of this clear cut design. The very strong agitation fro restoration of federo is intertwined with and inseparable from the agitation fro the preservation of the institution of the traditional ruler in Buganda and in every other part of Uganda where the people of the area so desire it to continue.

(c) Traditional leaders inspire and motivate their people for development in every aspect. They advocate cooperative action, encourage community development, enhance education and economic growth. All this is possible because of the special attachment people have to them. Their word is much respected. Their praise is much appreciated and their example is emulated.
(d) Traditional rulers have important judicial powers in the clan affairs of their people. Their judgement is much respected and so tends to bring about peace and reconciliation among family members, clan members and between clans.
(e) Every nation to be strong and stable needs values and traditions on which it is based. Without a specific identity a nation cannot be proud of itself, let alone be respected by other nations. The values and traditions on which Uganda should be built should come from every ethnic group in order to provide an enriched identity of unity in diversity.
(f) Like all other aspects of culture, the institution of traditional leaders grows and adapts to the changing values and aspirations of its people. It is the ordinary people who condition it and re-shape it to be constantly relevant. The values of democracy, participation, respect for human rights, mutuality and cooperation with others all influence the nature and functioning of the institution of traditional leaders in the contemporary society.
(g) The fact that the institution was dictatorially and unilaterally and, as most advocates assert, unconstitutionally abolished, was given as an extra reason why it should be restored. The NRM government ushered in a new era to rectify the errors and grievances of the past. One such error which has caused much grievance was the abolition of traditional rulers in 1967.

Comment:
For Buganda the error of abolition of the institution of traditional rulers has been addressed but only partially rectified. The institution cannot survive for long in captivity. It must be restored to its natural habitat to survive. This habitat is federo. so as far as Buganda is concerned its mission to rectify the errors and grievances of the past shall have failed if federo is not restored and Buganda will rightly feel, and regard itself, as having been left out of the said new era ushered in by NRM. The people of Buganda will have little reason to support a Constitution that excludes them as one in a united province or region which the people of Buganda asked the Constitutional Commission to bring about for, without it, the Constitution excludes what sustains their identity as a nationality and their aspirations. If this happens Odoki's fears expressed in paragraph 4.12 of the Report as the source of turmoil may well lurk around.

19.90 After assessing the arguments for and against the institution, the Commission had to decide whether its recommendations on this issue would be based on the majority view nationally or on the majority view in each former kingdom and Busoga. We decided to base our recommendations on the majority view of the areas concerned, which have traditionally had the institutions. We had several reasons for doing so:
(a) The institution of traditional leaders is an aspect of the human right to culture. Each of Uganda's areas has its specific culture which should be respected.
(c) The views from Buganda on this issue were nearly unanimous in favour of the institution. To discard such unanimity in favour of national majority appeared to us to offend against the wishes of powerful minority. This can itself set up or exacerbate deep tensions in any society. One of the principles of the new Constitution is respect for the rights of the minorities.

Buganda's Position
19.91 As stated before we have found that the institution of traditional leaders has been strongly supported in the Buganda region. Memoranda from all levels of RCs, individuals and groups of people from Buganda came out in favour of the restoration of the Kabakaship. It was only in a very few districts of Buganda that there were views which did not favour the restoration of kingship. Among all the regions of Uganda, Buganda submitted to us the greatest number of memoranda. The Buganda Constitutional Proposals submitted to us were the result of many memoranda collected by or submitted to the Buganda Constitutional Committee.

Position of Other Former Kingdom Areas
19.92 The situation was rather different in the other kingdom areas and Busoga.
19.96 Among areas which did not form cultural units with the above described kingdoms, it was in Kasese district that we found a significant minority in support of the institution of traditional rulers.

Non-kingdom areas
19.97 In the non-kingdom areas, it was in Arua, Nebbi, Gulu and Kotido that we found a significant minority that was either in favour of traditional rulers in general or did not mind if those areas which had them wished to restore them as purely cultural rulers.
19.100 ... The Advocates of the institution contend that what traditional leaders do is to enhance the special identity of the people and in so doing facilitate development.

Feudalism and modern democratic society
19.101 Those opposed clearly indicate that the institution belongs to the past, before democratic and human rights values became the centre of society. The advocates of the institution of traditional rulers argue that, especially when it is left out of politics, it is always able to adapt itself to contemporary values without losing its identity and that of the people it unites.

Right to culture and cultural identity
19.103 The institution of traditional rulers belongs to the right to culture, once the people who are affected by it freely choose to have it and continue with it. The same right gives power to the people to decide to do away with any aspect of culture they no longer wish to have.

The non-political role of traditional rulers
19.104 The largest majority of those who want the institution of traditional ruler and those who do not mind whether it exists or not emphasises the principle that if the institution is restored, it should not have political roles both in the central and local government. This principle was a result of the lessons of our history. Keeping the traditional ruler out of the tensions of politics was seen as the best way of preserving his position and ensuring a smooth process of nation-building. It was in this context that the title "traditional ruler" should be turned into "traditional leader" since his main duty would be to guide and lead his people in cultural unity and development rather than involved in "rule" through an active position with an executive authority in government.

The people concerned to democratically decide
19.105 As stated above, the principle that the people of a particular ethnic group or of the former kingdoms and Busoga should be the one to decide on the issue using democratic means was accepted by the Commission. It is a necessary and principled compromise to deal in this way with important issues of local importance which also have some national significance.

The rights of the people concerned and importance of respecting fundamental human rights
19.106 Many views while wanting the people concerned to determine the manner in which the cultural leader and his institution should operate, wanted also to ensure that the fundamental human rights are observed. Only in this way would the fear of the national majority which was opposed to the institution because of its tendency to feudalism and sectarianism be dispelled.

Desirability of building the new Uganda on the basis of our cultural identity and values
19.107 Many views expressed the conviction that our national interest to emerge as a strong and stable nation should take our national cultural values as a basis for nation-building. Those traditional institutions, systems and values which have managed to outlive the destructiveness of the colonial and post-colonial periods, and which can be usefully reconciled with the modern principles of democracy, human dignity, human rights and development should be encouraged. They give a specific identity to our nation and ensure that Uganda will not totally depend on artificial, foreign concepts, values and institutions while neglecting its own. The contribution of Uganda to the world society would only appear in its best form when it is based on our local values and aspirations. 
19.112 We have found the reasons given for having traditional leaders where the ethnic groups concerned want then convincing. We are of the view that traditional leaders with purely cultural and developmental roles should be able to exist in Uganda without harming national unity or interfering with the operations of both local and central governments.

Comment:
It is the culture of the Kabakaship  that the Kabaka symbolises the Buganda nationality socially, politically and territorially but that when it comes to functions it is the people who perform them.

19.114 It would certainly not be conducive to unity and stability to suppress the cultural desires of any ethnic group in the country unless such desires are inimical to the national interests or otherwise contrary to the basic ideals of the Constitution. The cultural desires of ethnic groups should be guaranteed by the Constitution, subject to the above qualification.

Comment:
This cultural desire is not limited to Kabakaship but attaches to the land as well. The elements and strands of culture we embed in the land of peoples ancestry. The Kabakas tombs, the cultural sites, the legends, folklore and what have you are all attached to or have their source from land. Land is inseparable from peoples culture in real terms. Ultimate control must belong with the cultural group concerned together to preserve their identity and to conserve their culture.

Odoki gives the rights most violated as:
7.54 The right to liberty has been ... grossly suppressed.
7.55 The administration of justice has at times turned into mockery. People released by courts of law have been re-arrested immediately. Bail has been unreasonably denied suspects. The constitutional right of habeas corpus has rarely been respected. People are known to have remained on remand for years without even being informed of charges against them.
7.56 The basic rights to a free press and freedom of association and assembly have constantly been assailed by successive governments. Political parties have been suspected, intimidated, suspended or banned by those in power to silence any group criticism or pressure. Dictatorial regimes have wanted a monolithic society and thinking. To even hold peaceful meetings, official permission has often been required.
7.59 The right to equality has been undermined by deep-rooted attitudes and practices of discrimination on various grounds: sectarianism, nepotism and opportunism.

Comment:
It is interesting to note that Odoki exonerates traditional rulers and institutions from the list of offices, institutions and groups responsible for gross violation of human rights since independence. In chapter 7, Odoki makes a list of the transgressors and the atrocities they habitually commit and called for a fundamental change. Most prominent of these are :

7.50 (a) Those presidents, both civil and military, who assumed dictatorial powers have been denounced by many for having abused their offices, usurped powers that were never theirs, divided the people and created factions within the Army to keep themselves permanently in power.
(b) The brutal intelligence organisations have been in the forefront in the violation of human rights since 1966. Instead of keeping security they were often agents  of insecurity.
(c) Some members of the police force and prison services.
(d) Political party functionaries, especially those of the party in power.

It is surprising that there should be people who would wish to abolish an institution which research has confirmed to be the anchor of stability, social cohesion, development, progress and conservation of culture, while actively championing the preservation of institutions which have over the years brought chaos, suffering, national disintegration and loss of hope for millions. If we must abolish some institutions at all why do we not straight away abolish these which are listed by Odoki as the greatest source of Uganda's woes: the Presidency, the military, the security organs and the like?

The institution of traditional ruler does not exist in vacuum. It stands on the pillars of a community with cultural and administrative structures having common aspirations and through economic activities and financial resources available to it able to sustain itself and achieve economic objectives. In other words, a traditional ruler must be a viable and relevant institution to the community. At least in Buganda, this has always been so and the Baganda wish it to continue within those parameters.

The Baganda are of the view that possessed with these attributes, the traditional rulers or leaders where their communities still wish them to stay, will have a major role to play in the 21st century. If on the other hand the traditional rulers are forced out or shaven of their necessary attributes of leadership and are brought down from where they belong that is, at the helm of their cohesive, unfragmented but united communities, there may once again be created condition, as there has been in Buganda before, which may tear down, Bosnia style, the entire state structure of Uganda. But Traditional Rulers will not thrive in the 21st Century in a torn down Uganda. It is therefore imperative to devise means to save Uganda.

After toying with unitarism for years the peoples of the world have realized that federalism especially cultural diversity exists, is the bulwark against ethnic friction and internal strife. Developed countries like Denmark, developing countries like Sri Lanka, and under developed countries, like Ethiopia, to name but a few, have opened their ears to their peoples voices and their eye to the stark reality. Of course in some it has come after a heavy price in destruction of economy and infrastructure, terrible loss of life and horrific human suffering.

Unity, fraternity, tranquility and peace cannot be forged by mere high sounding slogans on or through the official media for public consumption and cosmetic dressing for image presentation. In our country it is a gimmick which has been adapted by every leader but did not save those regimes from violently toppling. The reality lay with the silent majority. Unfortunately the leadership was each time well aware but preferred to indulge in self deception ostrich like.

Alex Mukula, the celebrated Ugandan playwright and impresario succinctly summed up the real cause of Uganda's seemingly endless reign of turmoil in his Thirty Years of Banana, when he presented the busts of Uganda's past leaders. They had no ears! True, for if they had had ears they would have listened to the people instead of going it alone trusting in their own exclusive wisdom and infallibility. Uganda would have been saved from agonies it has gone through. On why there was no bust of President Museveni lined up with others, the answer was short and fitting.

"No bust is cast of one who has not yet passed his examinations"

From President Museveni came the appeal and supplication:

"When mine is cast include the ears because I listen"

Uganda is just waiting for this and it is now.

Oh Uganda may God uphold thee!

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ADDENDUM

The Questionnaire

After delivering my speech a short questionnaire was put to me and I have been requested to add the answers to my speech for completeness.

A State within a state

Whether a federal Buganda would be a State within a state.

There has been some unfortunate remarks and brainwashing that to grant federal status to Buganda and to any other area which desires it, would be to create a state within a state and that these two cannot stand together. I took a glance at [it] politically and my English dictionary gave the following two meanings.
a) a country considered as one organised political community controlled by one government.
b) an organised political community which is part of a country that is a federation or a republic.

The dictionary gives the example of the United States of America as one of the countries where there are states within a state. 

The former (a) above, refers to an independent and sovereign country. The later (b) above, refers to a dependent political community within the former and is not sovereign at international law.

Tribalism

Whether a federal arrangement would promote tribalism in Buganda and lead to the non Baganda to be chased away.

Tribal discrimination is not a Buganda problem. The Buganda Lukiiko acting as a constituency for the whole of Buganda has on every occasion it has so acted chosen non Baganda, too, to represent Buganda in the Central Legislature. I am unaware of any other area which has done so. Even where there have been direct elections non Baganda have been returned to represent Buganda Constituencies as they continue to be elected in direct elections.

Equal Opportunities

Whether non-Baganda in a federal Buganda would not be discriminated.

From time immemorial to date non Baganda have been facilitated to own land and tenancies in Buganda. Non Baganda children in Buganda, like the Baganda children, were awarded scholarships from time to time to study locally and abroad on Buganda Government funds when the Buganda Government existed.

Acts of ethnic cleansing which took place in recent times like in Ankole regarding people of Rwandese origin have never happened in Buganda.

Buganda has the largest tribal mix than any other part of Uganda. They live in amity and concord.

The late Kabaka Muteesa II acted a guardian to many refugee children displaced during turmoil in Rwanda and the Sudan and met their daily and educational needs.

At all times Kabaka's household staff has included non Baganda. It is still so today. Many of the new comers who settled in Buganda and occupied high positions in the service of the Kingdom of Buganda and in, trade and industry.

The role played by Buganda in tribal integration was and is still outstanding. By and large the Baganda are a rational people, civilised albeit lagging behind in technology and are more concerned with issues and interests than with nepotism and tribal discrimination. This attitude of the Baganda accounts for the tremendous support they gave to Museveni right from the start of the bush war to the end. His was not the negative support enjoyed by Godfrey Binaisa when he held the Presidency, or Muwanga when he chaired the Military Commission. Yet those two were Baganda. The support the Baganda give to any leader, irrespective of his tribe, is maintained as long as that leader continues to espouse the interests the Baganda hold dear.

The Buganda Monarchy as a Discriminatory Institution

Whether women should not withdraw support from the Buganda monarchy which does not permit accession by women.

A tiny band of high profile women have criticised the Buganda monarchy and urged women not to give it support on the ground that it is discriminative of women because princesses do not become kings in Buganda. This reveals a profound ignorance of culture and a clear lack of perception. There are certain things which by culture of those institutions things are only done in one way and not the other. We cannot accuse God for being discriminative and therefore cease to believe in him on the ground that he assigned the heavy burden of pregnancy and giving birth, to women only saving the men from the birth pains. Women Catholics are not yearning to leave the Catholic Church because the Pope has been and continues to be a man. Fortunately the overwhelming majority of women in Buganda are not paranoiac and they are happy with the existing tradition of succession to the Buganda throne.

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