Saturday, 1 April 2017

Re-thinking Government Intervention in Regulation of Religious Activities in Uganda





Over the past couple of weeks there has been growing talk on the Government’s intention of passing a law to further regulate certain religious and spiritual establishments. Something else I have seen was the supposed move by the Uganda Communications Commission (UCC) to ban adverts of religious and or spiritual emphases. I am yet to read the actual policy documents and possible minutes of these developments and should add that I am not particularly comfortable basing on media reports for accurate information on what is on ground.
That said, I surmise that it is not entirely premature for all concerned to introspect on how we contribute to such conversations and if our involvement or indifference absolves us from inevitable consequences if ideological divides are crystallized into law. My contribution to this discussion is limited to two aspects: The Constitutionality of such moves and the narrow spectrum of Ecclesiastical Polity. For our present purposes, I do not intend to be too technically specific but will try to point us to sources of detailed discussions of relevant aspects. I also will not be generous enough to offer technical definitions and detailed context of some of the perspectives I present. I also labour to avoid an academic approach to this conversation so that despite our varied vocations we may benefit from the conversation.

CONSTITUTIONALITY
Uganda is considered a constitutional democracy. This simply means that the people of Uganda have power of self-government, have consolidated a baseline of their wishes in a document called a Constitution and through majority participation (universal suffrage / referenda) or representative participation (through institutions like Parliament) interact with the relevant frameworks of how they wish to be governed.
Uganda is governed under the Constitution of 1995 and some of the relevant clauses in that document are those declaring Uganda a secular state and as such must not adopt a state religion. The others relate to religious freedom, freedom of association, right to information and freedom of speech. The Constitution is also clear that any other law passed or in place is valid only as far as it is consistent with the people’s wishes enshrined in the Constitution.
What does it meant to be a secular state or not to adopt a state religion? That is a fair question to ask since most of the policy outlay is seldom explicit with clear language on possible intention or conflict. The actual test of such Constitutional guarantees is usually broad and far reaching enough to comfort the citizens on why they chose to be governed that way in the first place. For a law to be consistent with the spirit of our Article 7 (secular State), it must satisfy four tests: (i) It must not be seen to establish religion. (ii) It must not serve a religious purpose. (iii) It must not endorse a specific religion. (iv) It must not show that Government is being entangled with religion. (I have discussed these tests in a previous “academic” paper on a different subject: available at  https://cepa.or.ug/analysis-of-cultural-and-constitutional-responses-to-comprehensive-sexuality-education-in-uganda/ )
Evidently the world has classic examples of religious states such as Sudan, Saudi Arabia, Indonesia etcetera and they are not necessarily failing states just because of their religious inclination (depending on the parameters in question). However, when a people decide to take a secular path, laws passed must serve a secular purpose and more importantly be consistent with the cardinal wishes of such people especially those which are expressly evidenced in the Constitution (grund norm). A more meticulous examination of existing regulation would reveal that without prejudice to presumptions of innocence and the burden of proving specific bits and pieces, most if not all possible indiscretions are properly covered by penal laws, corporate structure and tax laws. That is not to say that killing in the name of God is not to be prohibited. Certainly, there is no place in civilisation for jihads, crusades (strictu senso) and forms of mutilation shrouded in religious practice. We cannot ignore the fact that some of the worst atrocities committed in recent history have resulted from states using public trust machinery to castigate religious components albeit too harshly. A sledge hammer to kill a fly approach usually boarders on violating clear Constitutional principles and may lead to a costly process when citizens choose to challenge it at whatever stage. Public accountability best practices would demand that all boxes are ticked before policy decisions are made or implemented.

ECCLESIASTICAL POLITY
This is just a fancy term to refer to how religious setups are governed. Obviously, it covers all historical debates on religious governance, the possibilities and in there somewhere, the regrets and benefits we can credit for millennia of co-existence. Religious teaching is generous on perspectives of honouring leadership and that is just as well. On the flip side, there is risk of forming an abhorrent sort of unholy alliance. Sometimes the line between some sort of affirmative action and political convenience is blurred so much so that several elements / assets of government may be deployed for benefit that may be inconsistent with fundamentals of the given religious outfit itself and legitimate Constitutional expectations that people might have of their political representatives. To coin a term, I might say that we at times condone a type of “religious corruption”.
Having for a fair number of years taught a university class titled “Law, Christian and Political Thought” and inevitably marinated thousands of ancient texts and graded a few opinions, I request to earn the right to have a favourite topic and character. This is none other than Richard Hooker aka the Angelic Doctor. As a lawyer, politician, lawmaker, writer and theologian who lived at the heart of the advanced puritan reformation in ancient Europe and at a time of glaring conflicts between church and state, he had one or two nuggets to both parties in their respective spaces of expertise. He popularly posited that even for those who wished to use scripture to inform their governance, there was a difference amongst natural law, social law, political law and religious law (Of the Lawes of Ecclesiastical Politie). It should not take too much intellectual investment for us to understand why rocks do not grow flowers, fish do not fly, why we rarely tame lions or why we should not cut all trees; why we do not all drive on the left or right side of the road as a matter of discretion, why we are not all presidents and why even spiritually we manifest different results and expressions. There is expected to be an inalienable stratification of different forms of divine order and sometimes the challenges we face relate to how we properly appropriate them.
When religious leaders run to state machinery to regulate expressions or emphases they consider different from theirs, or if the state coffers are relieved to facilitate religious causes outside proper Constitutional quotas and processes one of two parties might have some clarification to make. Then again, it takes two to tango. 

By Matsiko Godwin Muhwezi
Corporate Lawyer & Lecturer

*first published on matsikogdwin.blospot.com ©

Tuesday, 19 July 2016

Friday, 29 April 2016

What is wrong with the Great Lakes Region?

Kenya

If as they say, the country's economy is run by a few families with roots in the forefathers who through the likes of MAU MAU grabbed the the spoils of a fleeing queen, where does that leave the rest of the wanainchi? Who owns, the universities, the airports, the food industries and transport business? Vision 2020 may well be underway but we may have entrenched the dominance of dynasty if the likes of Bush, Clinton and a host of other senators in the US are to go by. What is more exciting, Obama visiting or Lupita winning? ICC failed to witch hunt or prosecute whichever way you look at it but the blood of those fallen cries out and maybe the loss lies where it falls. Is the Turkana a forgotten brother or is the Somali border the banished sister? In  Karen and Gigiri we microwave our burgers as Kibera stares pitifully. Where the lot and loot is determined by stereotypes of tribe and origin, who should answer for the taxes of the masses.

The show must go on

Tanzania

It is a Magufuli all affair and we may as well pack up and go to roost. steady democracy they say and the West is happy but who makes the rules. Is it fine that we use a language which might not get us beyond the confines of our borders or even makes us abandon our native languages and cultures? Who will save us from the roots of Mao Tse Tung and these Communist clutches? We are the polite (not slow) neighbours who happen to be the well behaved brother. The albino craze and the island mysticism might very well upstage Diamond Platinum's act. Who owns that Tanzanite, and why can't my ambitions tip the Kilmanjaro ranges?

The show must go on.

Burundi

The thing is, our story is too long but breaking it down for you might not do justice either. You call us the poorest country but it might be because you do not understand us. We have fought our way to this mountain and we are not sure why you bind us to pieces of paper with fine print. Brothers fight and that only make them stronger. You are judging too much but maybe when we have better internet you will see that we are not as oppressed as you might think.

But the show must go on.

DRC

The big fat brother with more money that he has use for. We probably have ten countries in one and twice as many governments. What matters is whether you are in Kinshasa or Kisangani. God forbid you find yourself in Ituri. we are the kings of lingala RIP Papa Wemba, we have the gold and mention it. Lumumba turns where he lies and Mobutu wonders why riches could not buy him immortality but it is Kabila's baby we have so let us enjoy that if we can.

The show must go on

Rwanda

The land of a thousand hills and a million possibilities. We may soon export snow but certainly you will not fault us for not trying. Have you read those self made something something? Yes that is us. Be advised that the walls on this page have ears and the arm of the king is never too short. It was 1959 and 1994 but we have the Belgians to blame. This is not a Hollywood blonde affair, we are pretty faces with a strong, very strong will. Denial is not an option but we rather let bygones be bygones and from the inside looking out...Never again

But the show must go on.

South Sudan

We were excited to cut the oil pipe umbilical but perhaps spent far too long resting on our laurels. The dust will soon settle but our uncles and parents are yet to agree on who takes over the estate because there was never a clear will. It has become a machine gun preacher crusade and we still tower the skies and dwarf the hoops. Melanin is not all there is so you cannot trust the uptown jealous big brother to say nice things about us.

The show must go on.

Uganda


Undoubtedly the comedy capital of the world, right here everything sells. We epitomize the forgive and forget adage. Today it is Aine, tomorrow it is Tubonge, the next it is save Carol, then Cancer machine, then Nyanzi, then Lokodo, then....depends on what social media decides is important for the day. Gripped in the war heroes Roman empire, as Roman Reigns would say, you are unfortunate not to know someone who knows someone who knows someone who was in Luwero in 1986. Might I add that if you feel like not paying taxes, just become an MP because then you can make the rules and forbid heavens that you eat a small toad. Run in battles, black Monday blues and house arrests we may probably have the most active Police force there is. If you touch the leopard's something something, you better have a very high high tree to climb because unless you have an affidavit, the leopard does not have a something something even if everyone can see the something something, you need proof that there was ever a something something. With potholes in Kololo and Bwaise alike, what actually happens in Kaberamaido (random thought, I cannot trace any more districts on the map before I get the day's paper because chances are one more might have been created). Who actually paid the price for everyone being on VPN for a week? We might never know. The hustle capital of Africa is right here where the party never sleeps. 

Because the show must go on.
In the East African Commodity.










Sunday, 15 November 2015

Tears of the Eiffel Tower

If it is about tall,chizzeled jaw, hollow bellyied romantic size zero runway queens we get it. If it is about the classy rhetoric and sharp suits that too. If it is about the Riviera, the concord; Thierry Henry and Zinedine Zidane we would still relate. This is no such thing, not the tourist rate or the bizzare prostitution laws being passed in the land of Marie Antoniette.
 
It is a gruelling attack on civilians, I choose not to say innocent because few ever merit that description however easily it is littered. Whether it is immigration, politics, religion or sheer wantonness the hyenas jump on the carcass of the lion they have trailed. Regardless, it was no combat, and the world woke up to horrific stats of the blasted stadium; not by rowdy racist fans or infuriated losers. Tortched concerts and racketed restaurants. A sad day anywhere.
 
We for the most part just take away the statistics and keep updating our tally but that is a child, father, mother or loved one to someone. It could not get worse. A selfish confession, the first people that came to mind were, Ozil, Giroud, Kocielny and Wenger. I hoped and prayed they were fine. I think I have beat that horse senseless!
 
It is an attack against humanity, like any other murder in Soweto, Burundi, South Sudan, Iraq, Syria and not just because of age old allies or because Obama thinks so. All blood runs red and it helps that the value of one's life is never weighed on the GDP of one's flag. That is myopic in every sense of the word but true it is time to mourn and not point fingers.
 
 
The world was silent when Rwanda was bleeding, Gulu wailed lipless for decades on end while we cheesed and burgered; the silence remains  in so many forlon battle fields but this the camera gets in 3D and so we care. Where did Libya go? are we the happier? Will we ever know what goes on in Syria? What became of Afhagnistan and the families that wail at night for snatched cuddles and children that could have been? When you see crocodile turn and toss in their graves, it is for things like these, for their tears that we have monopolised. When we have blacks shot in American surburbs by Police, does it become an attack against humanity? What of the Mexicans dying in scores because they cannot get accross the border to never never land. How many boats the waves blast in the Mediterranean we have lost count but how relevant is that?
 I digress however, France we care, and so we change our profiles for thy sake, may  you remember us too. When we seek to visit your well lit streets may you not shut your borders. When we seek aid for insects and reptiles, hear thee our call. France, may your visa be as common place as a blister in the hand of a tropical labourer. May we find your language easier to grasp and passable in exams knowing well we might never use it beyond Cher mon amis!
 
France we stand for humanity, may you be found human too; not in just frailty but also in heart.
 
$TOH

Thursday, 12 November 2015

The Ultimate Anifesto #Uganda Decides


While we pave our trenches and hope the Pope finds all dirt swept properly back under the bed, while we clap for the flowerbeds blossoming on our streets; while it is all and sundry, I stand to make a proposal. I promise you I was not aware it would rain at such a time otherwise I would have warned us to create a swamp in Lugogo to keep enough frogs which might drink the drain to dregs.

That aside, I must have missed the primaries but for whatever case, there was not that much money changing hands. Forget about the dollar noise and bribery issues; those incumbents that refused to win are traitors and must be disciplined accordingly. That is not what we teach and a stiker is employed and educated to make the score sheet not to whine and perspire through the ninety.

Who was beaten?, that cannot be true. You cannot rule out the possibility of some people cutting their wrists and undressing before cameras just to claim police highhandedness. Elections are supposed to be free and fair and it would be surprising if anyone thinks otherwise.

Let's talk crowds now. At the end of the day, what matters is the tally in the bag not the shirts and caps in still photos, coloured a dominant red or green whichever you prefer. My friend, crowds are overrated unless you are talking about the French Revolution, a relic dwarfed by modern right thinking voters. You could very easily be a computer guru but still only manage to gather kindergarten sojourners who have no idea what a nationa id looks like let alone how to cast the ballot. Who cares about noisy ingrates peddling social media hype when they will be playing golf on voting day; I am kidding they probably will be watching TV or at the beach-that vote counts a lot, don't you think?

 

I have heard in foreign countries that pre-ticked ballots, voting by candlelight and less candidates on ballots than the actual are a few of the stuff they have to deal with. That is baffling and cannot but be a fable of postcolonial myopia. For crying out, would you believe Skyfall selling a vote to the highest bidder? That is just Hollywood mantra and you my Ugandans know better than that. It is similar to having a party president run when you have time tested flag bearer still willing to skin the animal! You do not just skip the queue when the broth is steamy, get back to the bush son.

Camps, maskots and finger concortions. Ah, unless it is an epileptic situation, I find no pleasure in attempting to form meaningless finger formations to prove that I have something above my shoulders worth the time of this beautiful country. What is that even about? Are we hiphop artists now?, waving finger and hand motions to prove no point?

We should even do an Intellectual Property case on these colours and symbols. I heard one say that we should not sit on chairs anymore because they are his party symbol? All forests should pay taxes to the green party don't you think? I think music is our saving grace. If you want to be President not of the ghetto; sing or go home, rather, go hard or go home. It is a crucial skill, your lack of experience blights your consceintousness to what matters.

It is a fall, rise thing my friend, maybe the fifth time's a charm. By the way, at times you have to have a hairstyle represented just to even things out. Three horse races are overrated, we ought to throw in every ego just to spice up the pie. Afterall there is less to muzzle over after a score of pen pushing and an empty nest. Let us all line up for the ivory tower, shall we? It is a marathon, no need for heats, I say let's all dive in.

On another day we shall address the security question, but Today is no such day my friend. We do not put portions in each other's food that is for sure. Other issues will be updated in due course. It is unfortunate that my speech writer run out of ideas but he was fired so I should have fresh material for you soon. After all, 2021 is still far away, and this is still an anifesto- the "M" is still too precious to waste.

$TOH

Wednesday, 16 September 2015

What is killing our generals? - What no one else will tell you!

 As one from the great district of Rukungiri, I stand saddened by the loss of a gallant son of our hills and great example to many. Like every other Ugandan, I have had to do a crash course on your bio-not that Basim'ogenze was a great song but you know how these things be (sic).
 
I note with sadness that you were quite a package and in these hard times, a country cannot have too many of such distinguished gentlemen to spare. Not many institutions can ably churn out your qualifications coupled with the experience and level head you carried.
 
So I set out, like most Ugandans, to find out exactly what may have hastened you home. It is no crime to work too hard, Usain Bolt would agree and Kiprotich could revise; so that was not going to convince me. Cardio pulmonary whatever sounds smart but who is going to believe it? Thing is, for us who are not medically sophisticated, it does not register that something can arrest someone all of a sudden without days of pleading or something traditional at play. That would be too cruel to any soul even worse for a beautiful one like yours.
 
It is that time of the month, year, campaign season where we can use every kindling to harness the embers of our straw clutching political careers. Pedigree too, is not spared a baking on the altar of cheap popularity. Speeches have been written, wrongly dated releases have been transcribed and conspiracy after conspiracy theory has been advanced. At this rate we could easily develop a course on the subject.
 
Mayombo, Kazini, yourself sir? Is there a way this could be related, connected even? Everything is, these days; Amama, Sejjusa, your appointments or lack thereof; it is the dollar rate perhaps. Or wait a minute, were you in anyway aware of Illuminati? sorry, that is too debased to even deserve attention in the same breath as yourself sir.
 
So after sending pathologists and anthropologists to Dubai, via Kartoum on the way to Korea and perhaps Germany; after they had taken enough selfies and munched some pizza in nice hotels paid by Kiseka market tax payers, after they had combed their long forgotten medical terminology and dusted their passports-those who had them, the experts from Katakwi found something spectacular.
 
This is not news to you but as a broken record would sound, allow me to read you the final verdict of the Coroner's Inquest. "You, General (pause, clears throat) have died of death and all of us should take a chill pill and let the bereaved mourn their beloved".

 We owe you that much.
 
R.I.P General Aronda Nyakairima
$TOH

Saturday, 11 July 2015