Uganda’s Restrictive New NGO Bill

By Wesley Spartan

For the past decade, the Ugandan government has been at pains to amend its law on civil society groups, the Non-Governmental Organizations Act Cap. 113. The attempts have always aimed to stifle and restrict the operations of nongovernmentalorganizations (NGOs), especially regarding the rights to freedom of association and freedom of expression.

The latest such effort—the NGO Bill of 2015, introduced in April and set for a debate in parliament—is no different in its intention but is exacerbated by its timing in the lead-up to the 2016 presidential election.

Many NGOs in Uganda believe that this timing is no coincidence. In previous elections, NGOs have monitored adherence to electoral rules and publicly criticized the government for violations. Currently, they are spearheading proposals for electoral reforms, most of which have been ignored by government. 

To curtail the operations of NGOs through restrictive laws at this point in the electoral cycle would seriously damage the organizations’ ability to play a watchdog role before, during, and after the voting.

Although the draft legislation includes some “enabling” clauses, it has many more provisions aimed at “regulating,” “streamlining,” “coordinating,”and “monitoring” the work of NGOs, which raises concerns about the spirit of the bill. Given the restrictive language, the legislation should not be adopted in its current form.

Concerns about the bill raised by Ugandan civil society fall into the following general categories:

Broad powers for a new NGO regulator

Clause 5 of the bill establishes an NGO Board, which is granted expansive powers under clause 7. It can impose penalties including suspension of NGO permits, blacklisting, and any other disciplinary action that it deems fit. 

These discretionary and undefined powers are gravely concerning to NGOs. The board would be free to interpret the law subjectively and punish organizations for virtually any reason, such as criticism of the government. 

As a possible solution to these problems, the interpretation clause should be revised to define the permissible disciplinary actions, specify the circumstances under which they can be imposed, and provide for judicial oversight to review these actions.

Establishment of contentious monitoring committees

The bill also establishes a hierarchy of subnational bodies that would answer to the national board, including District NGOs Monitoring Committees and Sub-County NGOs Monitoring Committees. Although premised on the good intention of streamlining operations at the district and community levels, the constitution of these committees is contentious. 

Both types are chaired by the Resident District Commissioners (RDCs), which indicates that there will be limited transparency and credibility, especially when appeals need to be made to a higher level. Several NGOs have noted existing challenges posed by working with RDCs, who often restrict their work.

The committees also include security officers with no technical background that would enable them to understand NGO operations or make relevant recommendations on decisions regarding their work. 

Furthermore, the bill does not elaborate on the process of selecting an NGO representative to each committee, which calls into question the credibility of such representatives. Clear guidelines for selecting the NGO representative to the committee must be stipulated in the final bill. 

The government should also continue to hold thorough consultations with civil society to address concerns surrounding the committees’ composition and mandate.

Duplication and contradiction of existing laws, policies, and institutions

Uganda already has a robust set of laws and policies concerning NGOs, and some provisions of the new bill deal with issues that are addressed in existing legislation. For example, employment of noncitizens is governed by the Employment Act of 2006, while tax-exempt status and other immunities granted to nonprofit organizations are governed by tax laws and should not be the responsibility of an NGO Board.

The bill suggests that directors or officers in an organization can be held liable for offenses committed by that organization, which contravenes laws that hold a company liable as a legal entity and separate individuals from their company. 

In addition, the bill is unclear on who is responsible for investigation and prosecution when pursuing criminal penalties such as fines or imprisonment, meaning the NGO Board could usurp powers that are traditionally given to the police and the Director of Public Prosecutions.

If this bill is passed in its current form, the autonomy and fundamental rights of NGOs will be at risk, and if their work is disrupted, they will be unable to hold the government accountable to its citizens. 

This function is especially crucial during electoral periods, when NGOs carry out civic education, disseminate information to citizens on their right to vote, and encourage citizens to make informed decisions that are free from fear or intimidation.

Burkina Faso Ditches Monsanto’s GMO Cotton & Demands Compensation

By  Wesley Spartan

After the West African country of Burkina Faso tried out Monsanto’s GM cotton and experienced only “disappointing yields and poor quality cotton fiber,” the country decided to ditch it for good. 

As reported in Jeune Afrique, Interprofessional Cotton in Burkina Faso has decided to phase out the use of Monsanto’s GMO cotton seeds over the next three years. This is a group of cotton farmers, banks, research institutions, private stakeholders and the government. 

But be aware, it isn’t just the cotton farmers are complaining about. 

Members of Interprofessional Cotton include the Société burkinabè des fibres textiles (Sofitex), Faso Coton, and the Société cotonnière du Gourma (Socoma, subsidiary of the French group Geocoton).

All have complained that Monsanto’s GM cotton did not produce quality cotton fiber, and farmers have experienced lower yields than with non-GM cotton. In effect, the groups seek compensation from Monsanto for lower yields they experienced since the 2008 growing season.

Denouncing its contract, this group is done with Monsanto due to the lower quality performance of the GM cotton and lower yields.

Advocates of GM cotton, however, state that they have increased agricultural production by more than $98 billion (US) and saved an estimated 473 million kilograms of pesticides from being sprayed in the United States. Critics question the legitimacy of such claims, however, as well as the environmental, social, and economic impacts caused by growing GM crops. 

Among some of the complains are that GM cotton has caused super-weeds, and contributed to such low yields in India that over 291,000 farmers have committed suicide. Read about that travesty here. 

But the controversy rages on concerning genetically modified crops: Are they safe to eat? Do they really produce higher yields? Is there an agenda of corporations to push GM crops onto the public for the sake of profit? 

What is clear is that Interprofessional Cotton in West Africa has experienced Monsanto’s GM cotton for near 7 years - and members are not impressed. 

In addition to the recent finding that GM corn is less nutritious than organic, it seems it will only be time before the rest of the world catches on and boycotts genetically modified crops as well. 

"Be aware of microphones with poisonous gas", Opposition warned

By Joan Pounds

The Acting President of Uganda’s main opposition political party, the Forum for Democratic Change (FDC), Mr. Ronald Reagan Okumu, has warned his colleagues to be security conscious and not to use microphone given to them during public meetings. 

He said such microphones are laden with poisonous gas that will eventually kill them. (Many prominent Ugandans perceived to have fallen out with the regime have in the past died under mysterious circumstances). 

Mr. Okumu, who is Chairman of Acholi Parliamentary Group (APG) and Member of Parliament for Aswa County in Gulu district, sounded the warning on Sunday, 4th July 2015, during a Press briefing with members of the Gulu based Northern Uganda Media Club (NUMEC) at their offices. 

Mr. Okumu will be Acting President of FDC party for two months during the time the substantive President, Maj. Gen. Mugisha Muntu, is campaigning to be the party’s flag-bearer to compete with Museveni in next year’s election. Nomination for Presidency will be held on Wednesday, 14th October 2015. 

The NRM party of President Museveni, have already declared him the sole presidential flag bearer, although former Prime Minister, John Patrict Amama Mbabazi (JPAM), is defying his party’s position. 

There are reports of demonstrations across the country by supporters of Museveni against JPAM's candidature on NRM ticket. The opposition parties want to elect one candidate by consensus to face Museveni, who will have ruled Uganda for thirty years uninterrupted, from among the different Presidential flag bearers of the different parties. 

They call that alliance, The Democratic Alliance (TDA). FDC is the largest opposition party in Uganda, second only to NRM of Museveni. 

They have imported microphones, which emit poisonous gases. If you allow yourself to use them, you will develop cough that will kill you in the long run. They will puncture you,” Okumu claimed. 

Mr. Okumu said he has ever received copies of intelligence reports for Museveni from concerned members of his operatives in Internal Security Organization (ISO), External Security Organization (ESO) and Chieftaincy of Military Intelligence (CMI). 

How can ISO, ESO or CMI write Intelligence briefs on politics? That is not their work. Let the National Resistance Movement (NRM) party write its own briefs. Even from within these organizations, some of them do not believe in the briefs.

He warned his colleagues in the opposition parties to be careful of waiters and waitresses in big hotels since many of the girls have been recruited as agents who can kill opposition politicians by poisoning their food, drink. 

He warned them against moving at late hours in the night during this charged political climate because they will be gunned down and killed. “You have to be careful of where you eat, drink or even the time that you move at night. When you get problem like that, you should expose them by reporting to the same State Machinery. 

I cannot talk about phone tapping because that is now the order of the day,” he added. He said Museveni is using three methods of winning support from the electorates. The first is by luring supporters whereby they offer large sums of money to buy loyalty. 

The second method is by imposing heavy taxes to the business community who are considered sympathetic to the opposition to cripple their businesses and the third method is by elimination through killings. “In this election, you are going to see money. It will affect the Economy. 

More than half of our money will go. Don’t be surprised if we shall exchange Uganda shillings to a dollar at four thousand shillings”. He welcomed former Prime Minister, John Patrick Amama Mbabazi’s decision for coming forward to compete with President Museveni as an aspirant for the flag bearer of the NRM party in next year’s election. 

If we can cause change within NRM, then we shall all be comfortable”. In a related development, several politicians aspiring to stand for election in next year’s general election turned up for blessings at Taks Center in Gulu on Saturday, 4th July 2015. The prayer was organized by the National Fellowship of Born Again Churches Uganda dubbed “Prayer for Campaigns and Election 2015-2016”. 

The prayer attracted at least three Members of Parliament, namely: Mrs. Betty Aol Ocan (Gulu district Woman MP), Mr. Gilbert Olanya (Kilak) and Mr. Christopher Acire (Gulu Municipality). 

Almost all the people who spoke during the prayer meeting warned voters against votingfor politicians who come to buy their votes, accepting cheap alcohol (waragi) or consulting with-doctors for charms.

Uganda to borrow sh2.4trillion for modern artillery

By Wesley Spartan

Government is seeking Parliament’s approval to borrow sh2.4trillion ($740.5m) from Russia to purchase what it has identified as classified equipment for further strengthening of the military and security infrastructure.

Asked why government is seeking such a huge loan for military equipment when the country has so many pressing unfunded priorities, the state minister for finance, David Bahati said: “All expenditures aimed at supporting our national security are necessary. The details of what will be purchased are classified.”

The finance minister Matia Kasaija said: “Extract the statements I made in my budget speech on security sector. In my budget speech I clearly indicated that national security and defence would the number one priority in the 2015/16 financial year.”

In his budget speech, Kasaija said, “specific emphasis will be placed on the acquisition of modern weaponry, strengthening intelligence, training and welfare.”

Justifying the need to allocate security more resources, the Buyanja County MP said, “Peace and national security is an important pre-requisite that we must not take for granted. It forms the fundamental basis for all we seek to achieve.

The finance ministry is expected to table the loan request before Parliament this week.

Army MP Phinehas Katirima said: “Other sectors cannot thrive unless you have security. Security is necessary for you to be able to work in The New Vision. Buying military equipment is not like buying tomatoes in Nakasero market. Security is very expensive.”

The Leader of Opposition in Parliament Wafula Oguttu said: “All those are avenues for getting as much money as possible for ‘buying’ votes in the coming elections.”

South Sudan rebel warns president of more fighting if he stays on

By Wesley Spartan

South Sudan's rebel leader warned on Wednesday of renewed fighting, saying President Salva Kiir's new three-year mandate was illegal and the people had the right to "rise up and overthrow his regime" if he stayed on.

Riek Machar made his statement in the capital of neighboring Kenya as South Sudan's parliament speaker formally extended Kiir's term for three more years, as approved by lawmakers in a March vote.

Rebels say parliament did not have the right to take such action, in a nation that has been mired in conflict since December 2013.

Should President Kiir remain adamant and refuse to hand over power to the people, then the citizens have every right to rise up and overthrow his regime," Machar said, adding Kiir's term ended from midnight on July 8.

This is not an elected president. This is a coup leader," he said.

Fighting between forces loyal to Kiir and rebels allied with Machar plunged South Sudan, the world's youngest nation, into a civil war in December 2013. South Sudan will mark four years of independence from Sudan on Thursday.

At an event in the capital Juba on Wednesday, Kiir said the continued fighting was destroying the country's economy.

You cannot see any country developing while fighting internal insurgence or fighting an external enemy, because whatever you have in your economy you have to give it to the fighting forces," he said.

It is not me alone who will stop the war but it is all of us in South Sudan that should work to stop the war."

But more than a year and a half of on-off talks in Ethiopia have failed to end fighting that has killed thousands of people and driven more than 2.2 million from their homes, many of them fleeing to neighboring states, including Kenya.

About 8 million people, or two-thirds of the total population, face food shortages. More than 12,000 children have been recruited by armed groups to serve as soldiers, the United Nations estimates.

Machar called the humanitarian crisis "appalling," but said South Sudanese would still rejoice as they marked their independence.

We love it. We cherish it. It's governance that failed," he said. "Things will correct themselves. We shall we a proud nation in this part of Africa."

Armed Congolese Men Attack Kisoro Border, Shoot UPDF Soldier

By Joan Pounds

A Uganda Peoples Defense Forces soldier was on Monday morning shot and injured by armed men from the Democratic Republic of Congo while on a night patrol.

Major Ronald Kakurungu the UPDF Second Division spokesman confirmed the incident and identified the soldier as Joseph Kule attached to Bunyangaro army detach in Kisoro district.

Kule was reportedly on a night patrol at around 3am when they were attacked by armed men suspected to have come from neighboring DRC.

Major Kakurungu says the assailants — five in number – attacked Bujandaro village along the BwindiNational Park road.

While the UPDF soldiers were on foot patrol in the area, they bumped into them and in a fire exchange that ensued, Kule was shot in the right leg, while the armed men run away and crossed back to the DRC.

Kakurungu says they couldn’t pursue them beyond the border, but noted that they had established communication with the DRC government to have them traced.

He added that security has since been stepped up along the border.

Major Kakurungu also revealed that that the injured UPDF soldier was showing good signs of recuperation at Kisoro Hospital where he was rushed for treatment.

Ruling party wins parliamentary elections in Burundi

By Wesley Spartan

Burundi’s ruling party has officially been confirmed as the winner of the country’s parliamentary elections despite controversy surrounding President Pierre Nkurunziza’s seeking of a third term in office.

Burundi’s national election commission announced Tuesday that the CNDD-FFD party has won 77 out of 100 elected seats in parliament.

The elections on June 29 were marred by huge street protests demanding Nkurunziza drop his bid for a third term in office, calling it unconstitutional and against the 2000 Arusha Accord, which provided a framework to end the civil war in the country.

Burundian opposition parties had boycotted the elections on the grounds that Nkurunziza has launched a massive crackdown on dissent. The African Union (AU) also said earlier in June that they will not observe the votes in Burundi until calm returns to the African state.

Nkurunziza, who has been Burundi’s president for two legal five-year terms, has repeatedly rejected claims that he is violating the constitution and the Arusha peace document by seeking to remain in power, arguing that he can still run for president as his rise to power after Burundi’s 12-year civil war in 2005 did not come through direct votes.

Burundi is also set to hold presidential vote on July 15.