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Security Forces in a Federal System - A Case for Uganda |
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by Fred Guweddeko (1991) Background It is an achievement for that at this time we can come together in a free atmosphere to consider what we can hold for the future of our Country. It is a great shortcoming that some members of our Community cannot participate in these deliberations. It is my hope that what we deliberate in this Seminar will be useful to the process of finally liberating our Country from instability and guiding it on a path of harmony and development. I hope that the people gathered here like me believe that the final solution for Uganda will have to be reached through deliberation and consent though today or tomorrow may not be the day; the more we deliberate the nearer we get to the 'form' and the stronger our belief in the settlement based on consent which has therefore to be propagated. My topic - Security forces in a Federal System - A case for Uganda involves suggesting a security forces arrangement for a Federal Uganda. Since there is no stereo-type Federal System and since the security forces arrangement in Federal systems is not monolithic, I have aligned my presentation specifically to Uganda not concentrating on general theories and principles. To Uganda, the 'security forces topic' is closely touching, because most have sad memories of confrontation of themselves or their dear ones with these agencies or their products. So for such a touching issue I have decided to treat directly, projecting a point into the situation and reflecting its effect. I have decided to give two conditions of the crisis of our Country which may not be the most important, but which I have given as an introduction to my topic for the sake of consistency to justify the relevancy of the Federal System and therefore a Federal Security arrangement which I present for discussion. I have also digressed a bit further by giving the theoretical conditions of a Federal System for Uganda that can safely accommodate a Security Forces arrangement. A system that is bankrupt in these values does not deserve security and should not be entrusted with forces. I have then given the limitations of this discussion. Finally, I have attempted to reflect the relative importance of the Security Forces in the breakdown of the 1962 Constitution. Crises of Uganda today: Finance/Economy:- Uganda took a developmental turn after 1939-45 War. By this turn, Uganda from 1947-80 established hydro-electricity facilities, set up a government-supported Industrialisation programme, it built Secondary schools in major districts, it financed/sponsored co-ops Unions at districts levels, it extended the railway line, the tarmac roads, it modernised the towns with electricity, sewerage, water, telephone, roads, car parks etc. It established numerous parastatals, built hospitals, and greatly expanded the civil service, and other government facilities. The whole scenario was based on one secret, that in 1940, the colonial govt. centralised the export marketing of coffee and cotton. After the War they instituted the C.M.B. and the L.M.B. which were used to directly tax the farmer. Records indicate that by 1.1.1959 these two boards collected 60.8 Million £ Sterling. In the Colonial period this money was particularly used for construction of infrastructure, social services and industrialisation. After Independence it was used to create a large public sector. The post-independence Govt instituted the Bank of Uganda to harness and allocate Forex (from the LMB and CMB) for imports, and enjoyed another big revenue from import duties, and the sale of this foreign exchange. The crisis is now (1991) on. Coffee and Cotton prices have fallen so low that no funds can be got from direct taxation and their Forex thru imports. It is not possible to continue with the wide national programme. Consequences 1. C.M.B. and L.M.B. may be dissolved. There is no
more work for them. Conclusion: The Superstructure that was imposed partly because funds were available and partly by the increased responsibility at the centre under the Republican Constitution can now no longer be sustained financially on the same scale. Many districts have realised this crisis and have created 'Development Agencies'. The latest, Tororo District Development Association has been formed to help improve the quality of life in Tororo. Constitutional Crisis: The Constitutional Crisis can be summarised as follows: That the present Constitutional arrangement cannot a. Accommodate all genuine political and social
interests and their objectives. The most important conclusion therefore is that today there is no regulation upon which our affairs can be conducted. Consequently, we have numerous problems that have no means of resolution. It is only we are a civilised people that we are a few steps from total anarchy. This civility has its limits, we therefore, urgently need a 'basic law'. A basic law and a system that is above the people (individually) who establish it, that is above its implementers and which has an existence that is beyond that of a single government. or person. This envisaged a system based among others, on a scientific and empirical focus on the potential activities of and requirements of every constituent unit, its individuals, homesteads, its villages, and all subunits; On having such data, science and authority so suspended in a gravitational relationship to the whole, such that on questions of survival or extinction, development or stagnation, poverty of prosperity, law or anarchy, stability or instability, each unit should be involved in determining what to be done and how and to regulate its resources and affairs, under the arrangement where constituent units can relate with each other, on prescribed terms for their benefit and for general benefit. The search for a formula upon which the people of Uganda, in respect to a federal hypothesis, involves a search for the organisational base, a search aimed at the 'optimum zones' of governmental affairs. In management service we are finding the 'break-even' margins of managing society. In so doing we have to assess the unifying points of the people; issues of identity, other bonds including infrastructure. These unifying kinds will then be used to identify potential zones of consensus, organization, the responsibility and 'public spirit' (Public ownership). The objective is to unite the social resources together and with power, and in so doing form a state. This state, be a stable order of people, power, government, territory, or and permanency. It is on the basis of this condition that we can make a rational proposal of securities forces arrangement. The forces arrangement should not be the basis of the Federal State. The basic idea is that there should exist the element of 'landlordism' in the State. We have people identifying themselves with the units, their institutions and assets as 'ours' (Public spirit Patriots). These will now be the landlords of the system and they will be at the front of its existence. The point of caution is that we do not have 'Military Zones' posing as 'Federal units'. What the discussion will entail:- This paper will not deal on the possible tactical, strategic and technical aspects of security forces in a Federal Uganda. These issues are not beyond the understanding of intelligent people, but their nature cannot be discussed on an open forum. We will therefore not talk about their arms, their numbers, assembly, deployment operations and internal discipline. You will also notice that the discussion does not deal particularly with recruitment and retirement. Note that these functions are implied in the set up ... This paper will discuss a possible arrangement of security forces under a Federal System that: a. Reinforces the political arrangement This involves the safety from loss of sovereignty, sabotage, subversion, destruction, expropriation, denial of the life, property, labour, peace, and 'state' of the people in an area. It is normally ensured externally by 'Defence' forces and internally by policing forces. Together they are called security forces. They constitute conventional and unconventional organisations. Definition of the security tasks: While defining this task, it is essential to be guided by that most fundamental element, which will constitute a guiding philosophy. For this purpose, let's suppose a hypothetical Federal Constitution which clearly spells out the fundamental as for instance: Article I Article II Here it is possible to discern, for the security forces and indeed all persons that any threat, potential or applied on the conditions holding Article I are the task of security forces. To conceive the ultimate objective of security defence, it is necessary to identify correctly and sincerely, and to describe explicitly and possibly publicly the features that should be secured and defended. These should be the features that are understood, accepted and held to be essential and dear to the existence of the society. This is the democratic and permanent aspect of the task. Once spelled out, security and defensive action will be that action that protects the existence and advancement of those basic features, of the 'State'. Interpretation and implementation of security tasks
should be those institutions and people so entitled and appointed under
the constitution on the basis of: The Security forces arrangement Broadly the following are the proposed Security Agencies and their duties: 1. Regular Army
| Defence Authorities Federal Authorities Units Authorities Some of the functions Executive a. Federal Functions Legislature a. Federal Functions Judiciary a. Federal Functions Appendix for Judicial forces Intelligence will be useful in detecting plots to defeat justice, citizens could complain directly to the Judicial police on any issue they feel aggrieved by the executive security forces or has been frustrated by the security forces and other channels. This can be a balancing force on the conventional armed forces, not necessarily on their strength but on regulating their individual actions and exercise of their powers. - They can affect the Independence of the Judiciary
and its activeness in ensuring social justice, human rights, corruption
and abuse of authority. Advantage of this formation: This is an advantage over a situation where you deploy forces in a County deep in Singo for instance, with the forces not knowing the language (can't buy things, can't communicate to people) so they up using force, [rape], not knowing the culture you get problems like destroying private religious shrines and food structures, spears and shields; not knowing the local activities they victimise hunters, distant farmers and travelers; not knowing the local situation more than necessary [use] force in simple cases. Politically Under this arrangement, the Federal authorities will act in a local area with full collaboration of local militia and there will be no spill over. Division of Labour In case there is one penal code act and other regulations are fairly uniform throughout the whole federation, the Central Police force can perform the role of supervising or commanding the units police forces in their areas. The prison forces can be on the same arrangement as the police forces with all prisoners facing capital punishment cases strictly under Central Prison Force. Financial 1. With Police and Prison Forces there will be no need
for expensive training of the personnel of the units for all conditions
in the Country. They will be simply trained to operate in say Rakai.
Only a few of the Central, will need intensive and foreign training.
This applies for local, regular and reserve militia as well as
intelligence. Social: There are so many people who in 1974 and in 1981-82, because they knew the languages of security personnel first move around with them as private interpreters, and later posed also as security personnel. These people made a lot of money out of this - interpreting statements of civilians to security personnel and vice versa. Someone witnessed a man who was told "We muzeyi toka hapa, sitaki sura yako", being interpreted "Don't just stand there, go and bring something". A person would reap advantages out of working near his home, family relatives and Kibanja. Even if he is getting little money, he would be contented and he would not have problems of asking leave and money to make safari for burial, funeral rites, sick people etc. This person will also be able to develop his Kibanja. This arrangement gives us institutions in which personnel are not doggedly tied to an existence, where are not obtrude and where they do not lose normal social abilities. This solves the problem of conditions in which a person can't retire from a job because he has not been able to prepare fro retirement and has been rendered unable, or even unfit, to lead a normal civil life. The person becomes a problem to himself/herself, to the immediate society and to the whole Country. This arrangement can save the situation in which security personnel see the Country or the population as owing them a living ... a belief so internalised at one time that it led a C.D.F. to tell people that "soldiers are suffering for you, and they are poor ... so if you have four trousers give a soldier one, in that way he won't steal from you". Personnel were alienated from other prospects in life. This creates an aggressive dependency character that is partly responsible for destructive tendencies of the forces on state property. The Security Vacuum: The effect has been what in American English is called "vigilance communities", which are groups extra-legally assuming authority for summary action professedly to keep order and [prevent] crime because of lack or failure of the usual law enforcement agencies. Some of these private/official security agents and administrators were simply stalwarts of not parties of religious sects, and at times stalwarts of supremacy or suppression tribal. Some were overzealous officers extending their powers - D.C., Agricultural Officers, Local Chiefs would add the security task to their normal duties. Some came in the business out of being relatives, friends, or associates of powerful people. They all involved in security, law and order and on average mismanaged it tremendously. With the arrangement given of security forces in a federal system where every unit and every corner of the country can legally organise its security according to its needs, and where the philosophy guiding the implementation of security tasks is based on the idea of implementers being not only knowledgeable but also having an interest and attachment to the task and area of operation, the problem of the security vacuum will be resolved. We have given a configuration of security forces in a federal system, which gives each unit some direct and some indirect control over some forces, which limits the direct control of one unit or one institution over all forces, and which limits the possibility of an uncompromising influence of one force over the whole federation. The separation of forces, and the fruits to be enjoyed from its application are protective/preventive rather than aggressive. It does not for instance attempt to arm one unit so that it will be able to fight a war against its colleagues, it does however prepare constituent states and the centre, in such a way that none may have a walkover the other and that no unit may have a walkover in bullying the centre or other units. The arrangement is that it will be costly to use coercion to impose any unpopular or unconstitutional authority. The problem of the divergence of local and overall
security objectives and of military paternalism: The danger of military/security paternalism can be seen from the statement of the Minister of Internal Affairs on 27 Mar. 1969 to the National Assembly. "Since 1966, the Government had promised that it would be responsible for the welfare and security of the people of Buganda and the whole country". Since 1966, Uganda has been characterised by some self elected individuals at various levels, dominating society on the grounds that they wer protecting them. This crisis reached its crudest form in the late 1970's and early 1980's when prominent individuals could not live without quoting their security godfathers. This problem was implied by Amin in the reasons for his coup when he said that under the former Government, some tribes and some principle budget, some people in the Army were insecure. The problem of Military/paternalism has led to various regions in the country wishing to have their security godfather as the national leader or at least highly placed. The strongest Military godfather who can protect all the people equally at the same time is seen as the best solution. However the problem of such Military patriarchism is that of succession and continuity, and its most important weakness is its lack of a framework to resolve prime conflicts. For Uganda a federal system generally will not require Military godfathers, the security arrangement will prevent the emergence of people who can, with arms, hold society at ransom. The Problem of Economy: Hoping that an overall federal system will be able to resolve the conflicts that are civil without involving security forces, and hoping that those problems will be genuinely solved, then it will be possible to plan and forecast resource requirements of the security forces. It can be possible to balance defence security factors and other needs with our resources on a cost-benefit criteria. It can be possible to prevent the whole nation's economy being plagued by defence/security expenditures. "Today, Uganda collects about Shs 1,000 billion in taxes annually. Shs 220 billion is spent on defense, Shs 250 billion is spent on servicing debt, and the local government capitation grants are about Shs 25.2 billion only [I think this is the figure that Mary Muduuli, Director of Budget provided a few days ago and I should be corrected on that one]. This is the money that the central government transfers to assist in the running of the local administrations or about 2.5% of total revenue collection. Agriculture which is the backbone of the economy receives a miserly Shs 40 billion or 4.0% of the total revenue collection. Of course we have a wage bill of Shs 150 billion but any revenue structure or budget structure that spends more than 7% on wages is a structure heavy at the top and low on unlocking of strategic value" (Karoli Ssemogerere, Jan. 2001). Professionalism: Appendix to Professionalism: Part of the reason for this is that personnel were distanced from their culture and encouraged to despise it and adopt a culture of rootless, landless, shameless, people which is alien to Uganda. The Problem of Elections: Under this alignment of the security forces, I would suggest that Federal Constitution provides for direct elections for the Federal Executive at least for the beginning. An alternative possibly for this post to rotate from one region to another (N, S, W, E) such that if it is the turn of the North region, the units there choose the Federal Executive by any means other than direct elections. An election at the present time can breed problems which the security forces arrangement may not accommodate without loosing 'form' or credibility depending on what action they take. An election at an early stage of a Uganda Federal Union can undermine not only the Security forces arrangement but also other institutions and the state. |
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