Govt explains KFM closure
Aug 14, 2005
<b>INTRODUCTION</b><br>Certain facts remain incontestable in Uganda today. One, more than any other government in the history of Uganda, the Movement Government has advanced the cause of press freedom that we see today in Uganda.
INTRODUCTION
Certain facts remain incontestable in Uganda today. One, more than any other government in the history of Uganda, the Movement Government has advanced the cause of press freedom that we see today in Uganda. Two, the robust nature of current debates on press freedom and democracy in particular and governance in general were unheard of prior to the coming to power of the Movement Government. Up until that time, the climate was not conducive to such debates. Ugandans were not as free as they are now. Three, Uganda has been hailed as having one of the most free and flourishing press in Africa, with hundreds of privately owned radio stations and dozens of newspapers and magazines adorning Uganda’s landscape.
In 1986, Uganda had one television station and one main radio station in the names of Uganda Television and Radio Uganda, respectively.
Today, the country has a plethora of television and radio stations active on the country’s airwaves with varying programmes.
The country now has more than 130 FM stations and 8 television stations active on the airwaves with varying programmes. Government is proud of this record and will promote as well as jealously guard it.
Debates in the media are sometimes robust and generally edifying the task of nation building although from time to time there surfaces the ugly head of abuse of press freedom. A government elected by the people must have laws that deal with such situations. Equally important, it must be able to act decisively when the freedoms it authored are being undermined by forces acting on behalf of interests that may be opposed to Uganda.
The Movement Government is aware that when people are free that provides a perfect context for rapid transformation of society. It is also aware that a free press is essential to having a free people. With the guidance and authorship by the Movement Government, the Electronic Media Act was enacted to facilitate more the process of licensing than actually controlling the media.
The spirit behind the Act was one of promoting media freedoms and a specific provision (see section 7, sub-section 1) was put in place to prevent any person or authority from stopping the broadcasting of any programme on ground of content.
CLOSURE OF KFM RADIO: THE FACTS
On 10th of August 2005 Andrew Mwenda in his Andrew Mwenda Live show hosted Hon. Okumu Reagan, Mr. Moses Byaruhanga and Mr. David Pulkol to discuss the relevance of the day’s public holiday to mourn Dr. Garang, his entourage and seven Ugandan nationals. Towards the end of the show, Mr. Mwenda, acting as the moderator, had now turned into a presenter. He at that point asserted that both H.E. President Museveni and the Government of Uganda had caused the death of Dr. John Garang. He repeated this even after being reminded of the need to withdraw such a sensitive remark.
It must be remembered that the death of Garang has caused a lot of grief and violence that had claimed up to 130 lives in the Sudan. The implication of the claims by Mr. Mwenda could be far reaching if they were believed by our brothers and sisters in both Northern and Southern Sudan.
Where there are sensitive implications to any story, however juicy that story may be, professional journalism has a duty to promote higher ideals of stability than freedom since the latter cannot exist in the absence of the former. Mr. Mwenda’s assertions were made in light of the sensitivity of this matter as well as the on-going regional and international investigations. These were uncalled for. In times of a national tragedy such as the death of Dr. Garang, his entourage and our sons and a daughter, the media should promote collective grief rather than seek to divide society.
The action by the Broadcasting Council to suspend the broadcasting license of KFM pending completion of investigations was taken against this background and backed by both the Constitution and the statutory law. The Electronic Media Act Cap 104 provides for minimum broadcasting standards and the Act calls for a broadcaster to ensure that, among others, a programme broadcast is not likely to lead to public insecurity or violence.
Government believes that Mwenda’s live talk-show on KFM was likely to cause public insecurity or violence. This is why it has supported the move taken by the Broadcast-ing Council to suspend the licence of KFM.
The arrest and detention of Andrew Mwenda was necessitated by a number of statements he had made on more than one occasion. For example, recently, Mr. Mwenda claimed in an article in the Monitor newspaper that Uganda at one time wanted to attack Rwanda. Government denies it has ever had plans to attack Rwanda. It notes that such unfounded allegations could easily harm relations between Uganda and Rwanda.
The bold accusation by Mr. Mwenda that both H.E the President and the Government of Uganda caused the death of H.E. Dr. Garang was not taken lightly. First, it appeared to interfere with the on-going regional and international investigations. Second, it meant that Mr. Mwenda has some information that could help in the on-going investigations. Third, the allegations imputed bad motive and disaffection to the person of the President and this is a sedition offence.
These strong comments from Andrew Mwenda were made at the height of great tension inside the Sudan which had already led to the death of hundreds of people. If they were believed, this could have endangered lives of Ugandans inside the Sudan or influenced our brothers in Southern Sudan to work against Uganda’s quest for peace in Northern Uganda, with devastating consequences. Everybody remembers what happened in Rwanda in 1994. Inflammatory statements on Radio Mille Collines led to the death of Belgian nationals and hundreds of thousands of Rwandese. Neither KFM nor any other radio should ever be used in this way.
Mr. Mwenda’s claims were full of numerous inaccuracies. It is not true as he has alleged that the late Dr. Garang and the Ugandan crew left the country at night. Actually, they left at 5:00pm. Equally, it is not true that H.E. President Museveni gave the late Dr. Garang a junk helicopter to fly in. It is a fact, instead that he gave him his own helicopter which he had himself used that very morning of the accident. Is there any president that would put his own life in danger by using a junk helicopter?
Government must assert its mandate to govern Uganda in accordance with provisions of the Constitution. In this connection, it is not honest of some individuals in the local and international media fraternity to blindly jump to the defense of an individual that has been accosted by the law for alleged infringement of that law. A society that does not have means for dealing with presumed or actual offenders of the law invites anarchy and a context for a lasting state of underdevelopment.
Encouragingly, Andrew Mwenda himself has written to the Chairman of the Broadcasting Council agreeing that he used inappropriate and intemperate language during his talk-show.
The management of KFM, too, has accepted that Mr. Mwenda went beyond accepted norms of conduct. This contrition should answer those that have sought to assert that the Movement Government is clamping down on press freedom.
WAY FORWARD
The Movement Government will continue to introduce conditions that allow for existence of a free media in the country. It asserts, however, that a free media must go hand in hand with a responsible media.
Government will continue to use the law to encourage the media to serve Uganda’s interests and not those of individuals or interests opposed to our country. In this connection, it is reviewing all media laws to ensure that the media play their role responsibly and not compromise national security interests of Uganda. The airwaves are a public resource and no media house should be used as a vehicle for endangering that resource.
Concerning the future of KFM, the Broadcasting Council is continuing with its investigations and very soon both the nation and management of KFM will be informed of its decision. The case of the person of Andrew Mwenda is now one for the courts of law. Since this Government believes in the rule of law, it will abide by the court’s ruling. Ugandans in general and the media community in particular should remain calm and continue with the business of transforming Uganda.
For God and My Country
Dr Nsaba Buturo (MP)
(Minister of State for Information & Broadcasting)
Certain facts remain incontestable in Uganda today. One, more than any other government in the history of Uganda, the Movement Government has advanced the cause of press freedom that we see today in Uganda. Two, the robust nature of current debates on press freedom and democracy in particular and governance in general were unheard of prior to the coming to power of the Movement Government. Up until that time, the climate was not conducive to such debates. Ugandans were not as free as they are now. Three, Uganda has been hailed as having one of the most free and flourishing press in Africa, with hundreds of privately owned radio stations and dozens of newspapers and magazines adorning Uganda’s landscape.
In 1986, Uganda had one television station and one main radio station in the names of Uganda Television and Radio Uganda, respectively.
Today, the country has a plethora of television and radio stations active on the country’s airwaves with varying programmes.
The country now has more than 130 FM stations and 8 television stations active on the airwaves with varying programmes. Government is proud of this record and will promote as well as jealously guard it.
Debates in the media are sometimes robust and generally edifying the task of nation building although from time to time there surfaces the ugly head of abuse of press freedom. A government elected by the people must have laws that deal with such situations. Equally important, it must be able to act decisively when the freedoms it authored are being undermined by forces acting on behalf of interests that may be opposed to Uganda.
The Movement Government is aware that when people are free that provides a perfect context for rapid transformation of society. It is also aware that a free press is essential to having a free people. With the guidance and authorship by the Movement Government, the Electronic Media Act was enacted to facilitate more the process of licensing than actually controlling the media.
The spirit behind the Act was one of promoting media freedoms and a specific provision (see section 7, sub-section 1) was put in place to prevent any person or authority from stopping the broadcasting of any programme on ground of content.
CLOSURE OF KFM RADIO: THE FACTS
On 10th of August 2005 Andrew Mwenda in his Andrew Mwenda Live show hosted Hon. Okumu Reagan, Mr. Moses Byaruhanga and Mr. David Pulkol to discuss the relevance of the day’s public holiday to mourn Dr. Garang, his entourage and seven Ugandan nationals. Towards the end of the show, Mr. Mwenda, acting as the moderator, had now turned into a presenter. He at that point asserted that both H.E. President Museveni and the Government of Uganda had caused the death of Dr. John Garang. He repeated this even after being reminded of the need to withdraw such a sensitive remark.
It must be remembered that the death of Garang has caused a lot of grief and violence that had claimed up to 130 lives in the Sudan. The implication of the claims by Mr. Mwenda could be far reaching if they were believed by our brothers and sisters in both Northern and Southern Sudan.
Where there are sensitive implications to any story, however juicy that story may be, professional journalism has a duty to promote higher ideals of stability than freedom since the latter cannot exist in the absence of the former. Mr. Mwenda’s assertions were made in light of the sensitivity of this matter as well as the on-going regional and international investigations. These were uncalled for. In times of a national tragedy such as the death of Dr. Garang, his entourage and our sons and a daughter, the media should promote collective grief rather than seek to divide society.
The action by the Broadcasting Council to suspend the broadcasting license of KFM pending completion of investigations was taken against this background and backed by both the Constitution and the statutory law. The Electronic Media Act Cap 104 provides for minimum broadcasting standards and the Act calls for a broadcaster to ensure that, among others, a programme broadcast is not likely to lead to public insecurity or violence.
Government believes that Mwenda’s live talk-show on KFM was likely to cause public insecurity or violence. This is why it has supported the move taken by the Broadcast-ing Council to suspend the licence of KFM.
The arrest and detention of Andrew Mwenda was necessitated by a number of statements he had made on more than one occasion. For example, recently, Mr. Mwenda claimed in an article in the Monitor newspaper that Uganda at one time wanted to attack Rwanda. Government denies it has ever had plans to attack Rwanda. It notes that such unfounded allegations could easily harm relations between Uganda and Rwanda.
The bold accusation by Mr. Mwenda that both H.E the President and the Government of Uganda caused the death of H.E. Dr. Garang was not taken lightly. First, it appeared to interfere with the on-going regional and international investigations. Second, it meant that Mr. Mwenda has some information that could help in the on-going investigations. Third, the allegations imputed bad motive and disaffection to the person of the President and this is a sedition offence.
These strong comments from Andrew Mwenda were made at the height of great tension inside the Sudan which had already led to the death of hundreds of people. If they were believed, this could have endangered lives of Ugandans inside the Sudan or influenced our brothers in Southern Sudan to work against Uganda’s quest for peace in Northern Uganda, with devastating consequences. Everybody remembers what happened in Rwanda in 1994. Inflammatory statements on Radio Mille Collines led to the death of Belgian nationals and hundreds of thousands of Rwandese. Neither KFM nor any other radio should ever be used in this way.
Mr. Mwenda’s claims were full of numerous inaccuracies. It is not true as he has alleged that the late Dr. Garang and the Ugandan crew left the country at night. Actually, they left at 5:00pm. Equally, it is not true that H.E. President Museveni gave the late Dr. Garang a junk helicopter to fly in. It is a fact, instead that he gave him his own helicopter which he had himself used that very morning of the accident. Is there any president that would put his own life in danger by using a junk helicopter?
Government must assert its mandate to govern Uganda in accordance with provisions of the Constitution. In this connection, it is not honest of some individuals in the local and international media fraternity to blindly jump to the defense of an individual that has been accosted by the law for alleged infringement of that law. A society that does not have means for dealing with presumed or actual offenders of the law invites anarchy and a context for a lasting state of underdevelopment.
Encouragingly, Andrew Mwenda himself has written to the Chairman of the Broadcasting Council agreeing that he used inappropriate and intemperate language during his talk-show.
The management of KFM, too, has accepted that Mr. Mwenda went beyond accepted norms of conduct. This contrition should answer those that have sought to assert that the Movement Government is clamping down on press freedom.
WAY FORWARD
The Movement Government will continue to introduce conditions that allow for existence of a free media in the country. It asserts, however, that a free media must go hand in hand with a responsible media.
Government will continue to use the law to encourage the media to serve Uganda’s interests and not those of individuals or interests opposed to our country. In this connection, it is reviewing all media laws to ensure that the media play their role responsibly and not compromise national security interests of Uganda. The airwaves are a public resource and no media house should be used as a vehicle for endangering that resource.
Concerning the future of KFM, the Broadcasting Council is continuing with its investigations and very soon both the nation and management of KFM will be informed of its decision. The case of the person of Andrew Mwenda is now one for the courts of law. Since this Government believes in the rule of law, it will abide by the court’s ruling. Ugandans in general and the media community in particular should remain calm and continue with the business of transforming Uganda.
For God and My Country
Dr Nsaba Buturo (MP)
(Minister of State for Information & Broadcasting)