Are Buganda’s Demands Viable?
Feb 04, 2003
REACTIONS to Buganda’s proposals to the Constitutional Review Commission (CRC) are still pouring in.
Though the 12 districts of Buganda can easily be moulded into a state, this can’t be said of other areas
By Joshua Kato
REACTIONS to Buganda’s proposals to the Constitutional Review Commission (CRC) are still pouring in.
Are these proposals viable? How can they be implemented in a country like Uganda?
For starters, Buganda has made changes from the old kind of federo (federal system), to a new one that they say “fits the current situation.†“We have opted to leave the Kabaka out of it. We proposed that he will be a constitutional king, without executive powers,†Apollo Makubuya, vice chairman of the Buganda Constitutional Review Commission, says.
He says Buganda does not propose an army of its own, nor a Buganda Police Force and the likes. According to Buganda, the executive committee to take charge of administration of the region of Buganda will be elected: “There are fears that power will be given back to the Mengo Lukiiko, who are not elected by universal human suffrage as it was before. The proposals indicate that the executive will have to be elected by the people of Buganda,†Makubuya says.
For the case of Buganda, turning into a federal set up is very easy. It is one huge tribe with over 5.5 million people living in 12 districts. The Buganda districts include, Luweero, Mubende, Kiboga, Masaka, Rakai, Ssembabule, Mpigi, Mukono, Kayunga, Nakasongola, Kalangala and Wakiso.
“It is easy for them to form a federation because all of them recognise that they have one king as a cultural leader. They have common goals and aspirations and a common culture,†says Paul Zake, a student of Political Science, university of Nairobi.
However, turning to other areas of the country, the situation is different. This means that finding a cohesive factor to unite people of other areas into united federations will certainly be a problem. The Baganda did not make any suggestions on how other areas can be moulded up into federal states. Makubuya says that they feared to be called ‘presumptuous.’
“Obviously, a demarcation of the federal areas using geographical regions is out of the question,†Zake says. He bases this argument on historical reasons. He explains that it is not possible to have a Northern Region comprising the Acholi and Langis, West-Nile region comprising the Kakwa, the Madi, the Lugbaras and the Aringas West-Nile. He says combining the Eastern region from Busoga to Teso cannot work.
The fact that what the Baganda can have in one huge area other regions cannot, does not ogre well for the federal cause: “Fears are that the Baganda will become dominant over other areas. They will develop at a much faster rate and fears are that they might try to break away,†another analyist says.
However, the Baganda proposed that other regions are free not to adopt the federal system as they deem it right. This is a contradiction in its self, especially for the sense of uniformity of administration.
“A true federal state should be based on uniformity. You can’t have different leadership for different areas. Everything should be the same,†he says. In federal states, whatever happens in one state is replicated in the other. Equity, uniformity regardless of population, size or status is very important.
Others think that federal systems are best for huge countries, with vast distances from the centre. Examples include USA, Nigeria, South Africa and Russia: “In actual sense, if all regions in Uganda were the size of Buganda (12 districts), then Uganda would have been good for this kind of system,†Mushabe says.
One fear those who do not want a federal system is for the survival of economically weaker regions: “In the current system, the taxes collected from factories like BAT, or Coca-Cola or Mukwano are spread out throughout the country, including assisting development of weaker areas. Yet if a federal system is introduced, such taxes will have to be retained by the federal government of these areas, depriving economically weaker states of a chance to develop,†Mushabe says.
According to the proposal, Pay as You earn (PAYE) taxes are to be shared 50/50 between the Central government and the federal states. This is the same for Value Added Tax (VAT) Import and Excise Duties. 40% of stamp dues collected by the federal government should go to the central government, while the federal government retains 60%. 100% of graduated, trading licenses, market dues and property rate fees are to be retained by the federal governments: “There are areas of Uganda where very few people are eligible for PAYE. There are areas of Uganda where the use of VAT related commodities is very minimal and there are areas of Uganda where there is no property tax to be charged. How do you expect them to survive in the face of Federo?†Mushabe asks.
According to the Baganda, decentralisation at the district level differs from a federal system in several ways. One is that power is devolved from the centre, which is far away and it is not absolute power. Because of this, there is a lot of interference by the central government in the activities of the districts: “Under a federal system, federal governments will have absolute power to do whatever project they like without the intervention of the Central government,†Apollo Makubuya says.
However, Ofwono Opondo, director of information at the Movement Secretariat, says these interventions are necessary to follow up on financial grants given to districts by the central government: “Even if it was under a federal arrangement, there is no way you can do away with such interventions, so long as there are grants given to federal areas by the central government,†he explained.
Under the set up, districts are proposed to retain their decentralisation status, but are to be answerable to the regional federal governments, rather than to the central government that is far away.
Kampala has always been a fiery issue. The 1966 crisis is partly attributed to the fact that Buganda tried to remove the central government from Kampala. There is no doubt that this land is in the heart of Buganda and some kind of recognition should be made. The capital has got some of the landmark institutions of the kingdom. This includes the main palace, the Bulange (main parliament) and the burial sites for Baganda chiefs.
However, demanding that the whole of Kampala be given back to Buganda is seen as unreasonable: “There is no where in a federal state in which the centre of the capital is in the hands of the federal state,†says the analyst. The administrative area is marked out as the responsibility of central government. This is the case from Washington to Lagos and Abuja.
“I think what Buganda should have asked for is a return to the 1962 boundaries of Kampala. Buganda should say that what is called Kampala should stop on the seven hills and not the new areas that Kampala is eating into,†he says. Alternatively, Buganda should advocate for having the area of Mengo turned into a municipality under the Mengo government.
However, according to Makubuya, Buganda is not asking for the control of Kampala administratively, but rather a constitutional recognition that Kampala is part of Buganda: “We don’t want to take control of Kampala. We only need recognition of the fact that this is part of Buganda and that is all,†he says.
The easiest to implement of all the five proposals is the issue of the status, immunities and privileges of traditional rulers. Buganda demand that they be accorded their due respect and recognition.
As Makubuya pointed out, these are just proposals that are subject to discussions: “The Baganda are just saying what they feel should be given to them. They don’t have any hidden agendas as some people are saying,†he says. Ends
By Joshua Kato
REACTIONS to Buganda’s proposals to the Constitutional Review Commission (CRC) are still pouring in.
Are these proposals viable? How can they be implemented in a country like Uganda?
For starters, Buganda has made changes from the old kind of federo (federal system), to a new one that they say “fits the current situation.†“We have opted to leave the Kabaka out of it. We proposed that he will be a constitutional king, without executive powers,†Apollo Makubuya, vice chairman of the Buganda Constitutional Review Commission, says.
He says Buganda does not propose an army of its own, nor a Buganda Police Force and the likes. According to Buganda, the executive committee to take charge of administration of the region of Buganda will be elected: “There are fears that power will be given back to the Mengo Lukiiko, who are not elected by universal human suffrage as it was before. The proposals indicate that the executive will have to be elected by the people of Buganda,†Makubuya says.
For the case of Buganda, turning into a federal set up is very easy. It is one huge tribe with over 5.5 million people living in 12 districts. The Buganda districts include, Luweero, Mubende, Kiboga, Masaka, Rakai, Ssembabule, Mpigi, Mukono, Kayunga, Nakasongola, Kalangala and Wakiso.
“It is easy for them to form a federation because all of them recognise that they have one king as a cultural leader. They have common goals and aspirations and a common culture,†says Paul Zake, a student of Political Science, university of Nairobi.
However, turning to other areas of the country, the situation is different. This means that finding a cohesive factor to unite people of other areas into united federations will certainly be a problem. The Baganda did not make any suggestions on how other areas can be moulded up into federal states. Makubuya says that they feared to be called ‘presumptuous.’
“Obviously, a demarcation of the federal areas using geographical regions is out of the question,†Zake says. He bases this argument on historical reasons. He explains that it is not possible to have a Northern Region comprising the Acholi and Langis, West-Nile region comprising the Kakwa, the Madi, the Lugbaras and the Aringas West-Nile. He says combining the Eastern region from Busoga to Teso cannot work.
The fact that what the Baganda can have in one huge area other regions cannot, does not ogre well for the federal cause: “Fears are that the Baganda will become dominant over other areas. They will develop at a much faster rate and fears are that they might try to break away,†another analyist says.
However, the Baganda proposed that other regions are free not to adopt the federal system as they deem it right. This is a contradiction in its self, especially for the sense of uniformity of administration.
“A true federal state should be based on uniformity. You can’t have different leadership for different areas. Everything should be the same,†he says. In federal states, whatever happens in one state is replicated in the other. Equity, uniformity regardless of population, size or status is very important.
Others think that federal systems are best for huge countries, with vast distances from the centre. Examples include USA, Nigeria, South Africa and Russia: “In actual sense, if all regions in Uganda were the size of Buganda (12 districts), then Uganda would have been good for this kind of system,†Mushabe says.
One fear those who do not want a federal system is for the survival of economically weaker regions: “In the current system, the taxes collected from factories like BAT, or Coca-Cola or Mukwano are spread out throughout the country, including assisting development of weaker areas. Yet if a federal system is introduced, such taxes will have to be retained by the federal government of these areas, depriving economically weaker states of a chance to develop,†Mushabe says.
According to the proposal, Pay as You earn (PAYE) taxes are to be shared 50/50 between the Central government and the federal states. This is the same for Value Added Tax (VAT) Import and Excise Duties. 40% of stamp dues collected by the federal government should go to the central government, while the federal government retains 60%. 100% of graduated, trading licenses, market dues and property rate fees are to be retained by the federal governments: “There are areas of Uganda where very few people are eligible for PAYE. There are areas of Uganda where the use of VAT related commodities is very minimal and there are areas of Uganda where there is no property tax to be charged. How do you expect them to survive in the face of Federo?†Mushabe asks.
According to the Baganda, decentralisation at the district level differs from a federal system in several ways. One is that power is devolved from the centre, which is far away and it is not absolute power. Because of this, there is a lot of interference by the central government in the activities of the districts: “Under a federal system, federal governments will have absolute power to do whatever project they like without the intervention of the Central government,†Apollo Makubuya says.
However, Ofwono Opondo, director of information at the Movement Secretariat, says these interventions are necessary to follow up on financial grants given to districts by the central government: “Even if it was under a federal arrangement, there is no way you can do away with such interventions, so long as there are grants given to federal areas by the central government,†he explained.
Under the set up, districts are proposed to retain their decentralisation status, but are to be answerable to the regional federal governments, rather than to the central government that is far away.
Kampala has always been a fiery issue. The 1966 crisis is partly attributed to the fact that Buganda tried to remove the central government from Kampala. There is no doubt that this land is in the heart of Buganda and some kind of recognition should be made. The capital has got some of the landmark institutions of the kingdom. This includes the main palace, the Bulange (main parliament) and the burial sites for Baganda chiefs.
However, demanding that the whole of Kampala be given back to Buganda is seen as unreasonable: “There is no where in a federal state in which the centre of the capital is in the hands of the federal state,†says the analyst. The administrative area is marked out as the responsibility of central government. This is the case from Washington to Lagos and Abuja.
“I think what Buganda should have asked for is a return to the 1962 boundaries of Kampala. Buganda should say that what is called Kampala should stop on the seven hills and not the new areas that Kampala is eating into,†he says. Alternatively, Buganda should advocate for having the area of Mengo turned into a municipality under the Mengo government.
However, according to Makubuya, Buganda is not asking for the control of Kampala administratively, but rather a constitutional recognition that Kampala is part of Buganda: “We don’t want to take control of Kampala. We only need recognition of the fact that this is part of Buganda and that is all,†he says.
The easiest to implement of all the five proposals is the issue of the status, immunities and privileges of traditional rulers. Buganda demand that they be accorded their due respect and recognition.
As Makubuya pointed out, these are just proposals that are subject to discussions: “The Baganda are just saying what they feel should be given to them. They don’t have any hidden agendas as some people are saying,†he says. Ends