Museveni is right: Bunyoro entitled to justice
“Nationalists” and “constitutionalists” have criticised President Yoweri Museveni for injecting justice entitlement considerations over land conflicts and compounded historical injustices in Bunyoro Kitara Kingdom (See Museveni’s original letter on land issues in Bunyoro, DM, 04 Aug 2009).
The president’s critics evade the fundamental question of justice and historical injustice, by latching on the incidental, secondary claims of civic citizenship rights, rather than the compelling need for justice for Bunyoro Kitara (see Anger over Museveni tribal talk, DM, 02 Aug 2009; Bunyoro belongs to all Ugandans, DM editorial, 01 Aug 2009).
Bunyoro Kitara, like Buganda Kingdom’s quest to repossess their “things,” deserves sympathies and serious considerations. But sympathies alone are not enough; we must provide the correct and just national solution to this problem. We agree with the president in his understanding of what the problems are. There are three grounds upon which Bunyoro deserves and is entitled to justice:
1. British annexation and transfer of Bunyoro territories to Buganda ;
2. The 1964 Referendum returned Buyaga and Bugangaizi to Bunyoro but left intact the property rights of Buganda sub-imperialist absentee landlords;
3. Absentee landlords and government settlement schemes led to uncontrolled mass migrations into Bunyoro , and economic, political disempowerment of the indigenous populations swamped by immigrants.
In his letter, President Museveni seem to be seeking a just resolution of the problems between indigenous Banyoro and migrant citizens from other parts of the country. But migrant leaders from Buyaga and Bugangaizi, the press and opposition leaders all overlook the imperative for justice, and instead wield the constitution to bash Museveni’s head over civic citizenship rights (See DP raps Museveni over Bunyoro proposal, NV, 04 Aug 2009; Besigye: Museveni risking Bakiga lives, DM, 03 Aug 2009; Is Museveni a hostage or breeder of tribalism? Independent, 04 Aug 2009; Mixed reactions to Museveni’s advice on Bunyoro issues, DM, 31 July 2009).
These critics completely ignore Museveni’s other proposals, 3-9, whose principles must be supported by all patriots.
In our view, the president is not wholly wrong to suggest that elective, political, and leadership positions in parts of Bunyoro dominated by migrants, be open only to indigenous Banyoro. Sometimes, positive discrimination- when necessary for equity and justice- to right historical, institutional wrongs is justified. For instance, affirmative action with minority groups like African-Americans in the US, and women globally, gained equality rights on such premises.
The problem with the president’s proposals is not that it is illegal as some would want us to believe, but that it is impractical.
In Buyaga and Bugangaizi , the indigenous Banyoro are minorities. Short of disenfranchising immigrants completely or weighting indigenous Banyoro votes to count for more than an immigrant’s vote, it is difficult to see how the majority population will stay away from the polls or be forced to vote for indigenous Banyoro.
Furthermore, the president’s solution, while informed by the need for justice, is not robust enough to address the justice question in Bunyoro. Any solution must go deeper than merely addressing the migrant question, which itself is symptom and consequence of the injustices that Bunyoro Kingdom suffered in the hands of British imperialism and Baganda collaborators in the nineteenth and twentieth centuries. This is the core issue missed by commentators and opposition ideologues quick to seek political hay with the affected migrant groups in Bunyoro and their kith and kin in native districts. Moreover, these critics conflate fundamental rights with civic, constitutional rights and freedoms, and look at civic rights as first order and prior claims than natural justice rights.
Civic citizenship rights and constitutionalism cannot be built upon layers of injustice. Until the fundamental question of justice in Bunyoro is settled, invoking civic constitutional rights and freedoms is meaningless. The historical injustice meted upon Bunyoro: genocide, confiscation of their land by the British, Baganda absentee land lordism in the annexed-lost-counties, and uncontrolled influx of migrants, despite the 1964 referendum on the Lost Counties, need to be addressed ahead of any other rights claims (See Kibaale land row continues, NV, 31 July 2009).
However, we reject the president’s proposals 1-2 as inappropriate and impractical but support the justice principles that inform them. Instead, we propose parliament does the following:
1. Pass laws to effect results of the 1964 Referendum on the Lost Counties of Buyaga and Bugangaizi; enabling Bunyoro Kitara to exercise full , complete ownership rights and control over land in Buyaga and Bugangaizi;
2. Nullify ownership rights of landlords-absent or present- and anybody who was not settled in Buyaga and Bugangaizi by 1964 Referendum;
3. Void property rights to Bunyoro land leased or purchased after 1964 Referendum without express permission of Bunyoro Kitara or successor Bunyoro Land Board ( after 1966/67);
4. Empower Bunyoro Kitara to draw up de-congestion or de-concentration of population programmes-administered by the Kingdom and the central government-to resettle migrant families and communities from Buyaga and Bugangaizi, to other parts of Bunyoro, based on present and long term Bunyoro Kitara land use planning horizon- to integrate migrants into Bunyoro society and defuse inter-community conflicts;
5. Enable Bunyoro Kitara through decongestion and de-concentration of population programmes to exercise rights and discretions, based on present and long term population projection, land use patterns and carrying capacity, to limit acreages for individuals and commercial farming in the region,;
6. Outlaw mass movements and permanent settlements by any group, into Bunyoro and any parts of the country, without the approval of local governments, traditional leaders and local residents, unless such movements are forced by natural calamities, disasters and conflicts, and any settlements are for emergency purposes and temporary;
7. Authorise local governments and traditional leaders to de-congest, de-concentrate and resettle affected population in other parts of the district or county, based on a programme approved by and jointly administered with the central government, when mass displacements and settlements forced by emergencies and disasters take on characteristics of permanency;
8. Re-iterate citizen’s rights and freedom of movement, and to settle in any parts of Uganda; vote and be voted into office where they live, without any discrimination whatsoever;
9. Enjoin Bunyoro Kitara and any local authorities undertaking decongestion and de-concentration measures, to provide a range of suitable alternative settlement locations for affected migrant families to choose from.
These measures, if considered carefully, should eliminate the need for creating special migrant, ethnic enclave constituencies and denying citizens their civic rights.
The president’s critics evade the fundamental question of justice and historical injustice, by latching on the incidental, secondary claims of civic citizenship rights, rather than the compelling need for justice for Bunyoro Kitara (see Anger over Museveni tribal talk, DM, 02 Aug 2009; Bunyoro belongs to all Ugandans, DM editorial, 01 Aug 2009).
Bunyoro Kitara, like Buganda Kingdom’s quest to repossess their “things,” deserves sympathies and serious considerations. But sympathies alone are not enough; we must provide the correct and just national solution to this problem. We agree with the president in his understanding of what the problems are. There are three grounds upon which Bunyoro deserves and is entitled to justice:
1. British annexation and transfer of Bunyoro territories to Buganda ;
2. The 1964 Referendum returned Buyaga and Bugangaizi to Bunyoro but left intact the property rights of Buganda sub-imperialist absentee landlords;
3. Absentee landlords and government settlement schemes led to uncontrolled mass migrations into Bunyoro , and economic, political disempowerment of the indigenous populations swamped by immigrants.
In his letter, President Museveni seem to be seeking a just resolution of the problems between indigenous Banyoro and migrant citizens from other parts of the country. But migrant leaders from Buyaga and Bugangaizi, the press and opposition leaders all overlook the imperative for justice, and instead wield the constitution to bash Museveni’s head over civic citizenship rights (See DP raps Museveni over Bunyoro proposal, NV, 04 Aug 2009; Besigye: Museveni risking Bakiga lives, DM, 03 Aug 2009; Is Museveni a hostage or breeder of tribalism? Independent, 04 Aug 2009; Mixed reactions to Museveni’s advice on Bunyoro issues, DM, 31 July 2009).
These critics completely ignore Museveni’s other proposals, 3-9, whose principles must be supported by all patriots.
In our view, the president is not wholly wrong to suggest that elective, political, and leadership positions in parts of Bunyoro dominated by migrants, be open only to indigenous Banyoro. Sometimes, positive discrimination- when necessary for equity and justice- to right historical, institutional wrongs is justified. For instance, affirmative action with minority groups like African-Americans in the US, and women globally, gained equality rights on such premises.
The problem with the president’s proposals is not that it is illegal as some would want us to believe, but that it is impractical.
In Buyaga and Bugangaizi , the indigenous Banyoro are minorities. Short of disenfranchising immigrants completely or weighting indigenous Banyoro votes to count for more than an immigrant’s vote, it is difficult to see how the majority population will stay away from the polls or be forced to vote for indigenous Banyoro.
Furthermore, the president’s solution, while informed by the need for justice, is not robust enough to address the justice question in Bunyoro. Any solution must go deeper than merely addressing the migrant question, which itself is symptom and consequence of the injustices that Bunyoro Kingdom suffered in the hands of British imperialism and Baganda collaborators in the nineteenth and twentieth centuries. This is the core issue missed by commentators and opposition ideologues quick to seek political hay with the affected migrant groups in Bunyoro and their kith and kin in native districts. Moreover, these critics conflate fundamental rights with civic, constitutional rights and freedoms, and look at civic rights as first order and prior claims than natural justice rights.
Civic citizenship rights and constitutionalism cannot be built upon layers of injustice. Until the fundamental question of justice in Bunyoro is settled, invoking civic constitutional rights and freedoms is meaningless. The historical injustice meted upon Bunyoro: genocide, confiscation of their land by the British, Baganda absentee land lordism in the annexed-lost-counties, and uncontrolled influx of migrants, despite the 1964 referendum on the Lost Counties, need to be addressed ahead of any other rights claims (See Kibaale land row continues, NV, 31 July 2009).
However, we reject the president’s proposals 1-2 as inappropriate and impractical but support the justice principles that inform them. Instead, we propose parliament does the following:
1. Pass laws to effect results of the 1964 Referendum on the Lost Counties of Buyaga and Bugangaizi; enabling Bunyoro Kitara to exercise full , complete ownership rights and control over land in Buyaga and Bugangaizi;
2. Nullify ownership rights of landlords-absent or present- and anybody who was not settled in Buyaga and Bugangaizi by 1964 Referendum;
3. Void property rights to Bunyoro land leased or purchased after 1964 Referendum without express permission of Bunyoro Kitara or successor Bunyoro Land Board ( after 1966/67);
4. Empower Bunyoro Kitara to draw up de-congestion or de-concentration of population programmes-administered by the Kingdom and the central government-to resettle migrant families and communities from Buyaga and Bugangaizi, to other parts of Bunyoro, based on present and long term Bunyoro Kitara land use planning horizon- to integrate migrants into Bunyoro society and defuse inter-community conflicts;
5. Enable Bunyoro Kitara through decongestion and de-concentration of population programmes to exercise rights and discretions, based on present and long term population projection, land use patterns and carrying capacity, to limit acreages for individuals and commercial farming in the region,;
6. Outlaw mass movements and permanent settlements by any group, into Bunyoro and any parts of the country, without the approval of local governments, traditional leaders and local residents, unless such movements are forced by natural calamities, disasters and conflicts, and any settlements are for emergency purposes and temporary;
7. Authorise local governments and traditional leaders to de-congest, de-concentrate and resettle affected population in other parts of the district or county, based on a programme approved by and jointly administered with the central government, when mass displacements and settlements forced by emergencies and disasters take on characteristics of permanency;
8. Re-iterate citizen’s rights and freedom of movement, and to settle in any parts of Uganda; vote and be voted into office where they live, without any discrimination whatsoever;
9. Enjoin Bunyoro Kitara and any local authorities undertaking decongestion and de-concentration measures, to provide a range of suitable alternative settlement locations for affected migrant families to choose from.
These measures, if considered carefully, should eliminate the need for creating special migrant, ethnic enclave constituencies and denying citizens their civic rights.
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