Are local govts ignorant of human rights?
Apr 18, 2007
THE story of a Primary School teacher, who was caned by Pader Resident District Commissioner (RDC) Santos Lapolo has been told again and again. However, according to a research <i>Decentralisation without human rights</i>, this was just another case of human rights abuse, carried out by leaders at t
By Joshua Kato
THE story of a Primary School teacher, who was caned by Pader Resident District Commissioner (RDC) Santos Lapolo has been told again and again. However, according to a research Decentralisation without human rights, this was just another case of human rights abuse, carried out by leaders at the local government level.
The research points out ignorance, illiteracy and lack of information as the leading causes of human rights abuses at local governance level.
The research report launched on April 12 at Makerere University, points out that the disenfrachisation of sections of local voters, marginalisation of some ethnic tribes and the recent recentralisation of some of the formerly decentralised powers as other hindrances to the observation and respect of human rights.
However, veteran politician and former Local Government Minister Jaberi Bidandi Ssali says it was wrong to recentralise devolved powers.
“Under decentralisation law, no body, not even the President has got powers to re-centralise the appointment of leaders,†he says. He argues that if the abuses are to be stopped, the indigenous values of decentralisation must be revisited.
The Makerere research was started in April 2006 by the Human Rights and Peace Centre (HURIPEC) with support from Danida.
Makerere University law lecturer Prof. Oloka Onyango described the Uganda’s decentralisation process as a system ‘without human rights.’
Clashes at districts
According to Oloka, RDCs are part of a well calculated move by the central government to erode some of the powers devolved to local government levels.
“This explains the evolution of the office of the RDC, which began as a link between local and central government action. This has in many instances led to clashes of power by local authorities,†Oloka says.
It is almost difficult to find a district were the RDC and LC5 chairman or other elected leaders are agreeing. Oloka argues that although the LC5 is the political leader and topmost executive in a district, the RDC sometimes stands out to the extent of colliding with political leaders in the running of the district.
“These situations are a real dilemma for district leaders. For example, the district may pass a given law, but then before it is implemented, the RDC stops it,†says Luyimbazi Nalukoola, Youth Councillor and deputy speaker, Kawempe division. He says in Kampala, RDCs have intervened in tax collection, thus reducing the revenue of the district.
However, Arua RDC Maj. Ibrahim Abiriga thinks that it is the lack of respect of roles at the district that causes the erosion of human rights.
“Like for us the RDCs, we sometimes find ourselves doing work that is supposed to be done by the LCs and because of this, there is bound to be clashes,†he says.
Besides, there is a lot of ambiguity surrounding the role of the RDC. The RDC is a representative of the President, who happens to be the chief political leader in the country. As a result, it is believed that the RDC should be the political leader of the district.
Clashes are not only among central government representatives like RDC and LCs, but also among MPs and LCs. In Makindye Division, area MP Michael Mabikke recently overturned a decision by the division authorities to impose taxes on telephone booths among other things. In the same division, a Town Clerk was forced out of office by a mob, over allegations of embezzlement.
Other reported clashes include those in Sembabule, Yumbe, Kayunga, Kampala and other areas. All these actions were carried out without following the law, in the process abusing the rights of several people.
Revenue collection at local government level is itself full of abuses and inequalities from both the central government vis-Ã -vis local governments and Local governments vis-Ã -vis villagers.
On the other hand, the central government has numerously deprived local governments of the right to collect and levy taxes, by suddenly scrapping several taxes, including Graduated Tax, market dues and boda boda taxes.
Onyango explains that all this is a symptom of disrespect for rights of each other.
Abuses at LC1 courts
Local Council courts are empowered by the Constitution, the Executive Committees, Judicial Powers Act and the Local Council Court ACT, 2006.
According to Oloka, most studies have established that at least 80% of villagers utilise local council courts to settle disputes. “One of the biggest advantage of LC courts is that they are easily accessible to the ordinary individual,†says Benson Tusasirwe, from the Faculty of Law, Makerere University.
LCs use among other methods, reconciliatory approaches. Cases in LC courts are also relatively solved much quicker than in conventional courts.
It is however important to note that while there is faith in LC courts, human rights are commonly abused in village courts.
“A 2006 survey pointed to several failings that can be classified as human rights abuses by LC courts,†Oloka says.
Corruption and bribery, lack of training, cultural biases against groups, for example women, nepotism and inadequate facilitation are some of the weaknesses recorded.
For example, so many cases, including capital cases like rape and robbery with violence, defilement are mishandled at local council courts. The chairman and the committee decide to give feeble sentences, for example a defiler can walk away after being sentenced to a jerrycan of a local brew. Rapists are ordered to marry their victims in village courts. “In an event like this, the rights of the girl are adversely abused and infringed upon,â€
In most LC1 courts, the issue of Mwanawagundi (so and so’s child), verses another is one of the criteria used to find out who is guilty and who is not. In many cases, the indigenous son of the soil takes the day, even if he was the aggressor.
In the process, the rights of the non indigenous resident to natural justice are abused.
Way forward
The research recommends empowering the LCs and the masses through information on all rules and regulations governing local governments, human rights, conflict resolution and clear demarcation of responsibilities of the various authorities in the districts.
Send your views to the Editor Local Leader, P.O. Box 9815 Kampala or localleader@newvision.co.ug
THE story of a Primary School teacher, who was caned by Pader Resident District Commissioner (RDC) Santos Lapolo has been told again and again. However, according to a research Decentralisation without human rights, this was just another case of human rights abuse, carried out by leaders at the local government level.
The research points out ignorance, illiteracy and lack of information as the leading causes of human rights abuses at local governance level.
The research report launched on April 12 at Makerere University, points out that the disenfrachisation of sections of local voters, marginalisation of some ethnic tribes and the recent recentralisation of some of the formerly decentralised powers as other hindrances to the observation and respect of human rights.
However, veteran politician and former Local Government Minister Jaberi Bidandi Ssali says it was wrong to recentralise devolved powers.
“Under decentralisation law, no body, not even the President has got powers to re-centralise the appointment of leaders,†he says. He argues that if the abuses are to be stopped, the indigenous values of decentralisation must be revisited.
The Makerere research was started in April 2006 by the Human Rights and Peace Centre (HURIPEC) with support from Danida.
Makerere University law lecturer Prof. Oloka Onyango described the Uganda’s decentralisation process as a system ‘without human rights.’
Clashes at districts
According to Oloka, RDCs are part of a well calculated move by the central government to erode some of the powers devolved to local government levels.
“This explains the evolution of the office of the RDC, which began as a link between local and central government action. This has in many instances led to clashes of power by local authorities,†Oloka says.
It is almost difficult to find a district were the RDC and LC5 chairman or other elected leaders are agreeing. Oloka argues that although the LC5 is the political leader and topmost executive in a district, the RDC sometimes stands out to the extent of colliding with political leaders in the running of the district.
“These situations are a real dilemma for district leaders. For example, the district may pass a given law, but then before it is implemented, the RDC stops it,†says Luyimbazi Nalukoola, Youth Councillor and deputy speaker, Kawempe division. He says in Kampala, RDCs have intervened in tax collection, thus reducing the revenue of the district.
However, Arua RDC Maj. Ibrahim Abiriga thinks that it is the lack of respect of roles at the district that causes the erosion of human rights.
“Like for us the RDCs, we sometimes find ourselves doing work that is supposed to be done by the LCs and because of this, there is bound to be clashes,†he says.
Besides, there is a lot of ambiguity surrounding the role of the RDC. The RDC is a representative of the President, who happens to be the chief political leader in the country. As a result, it is believed that the RDC should be the political leader of the district.
Clashes are not only among central government representatives like RDC and LCs, but also among MPs and LCs. In Makindye Division, area MP Michael Mabikke recently overturned a decision by the division authorities to impose taxes on telephone booths among other things. In the same division, a Town Clerk was forced out of office by a mob, over allegations of embezzlement.
Other reported clashes include those in Sembabule, Yumbe, Kayunga, Kampala and other areas. All these actions were carried out without following the law, in the process abusing the rights of several people.
Revenue collection at local government level is itself full of abuses and inequalities from both the central government vis-Ã -vis local governments and Local governments vis-Ã -vis villagers.
On the other hand, the central government has numerously deprived local governments of the right to collect and levy taxes, by suddenly scrapping several taxes, including Graduated Tax, market dues and boda boda taxes.
Onyango explains that all this is a symptom of disrespect for rights of each other.
Abuses at LC1 courts
Local Council courts are empowered by the Constitution, the Executive Committees, Judicial Powers Act and the Local Council Court ACT, 2006.
According to Oloka, most studies have established that at least 80% of villagers utilise local council courts to settle disputes. “One of the biggest advantage of LC courts is that they are easily accessible to the ordinary individual,†says Benson Tusasirwe, from the Faculty of Law, Makerere University.
LCs use among other methods, reconciliatory approaches. Cases in LC courts are also relatively solved much quicker than in conventional courts.
It is however important to note that while there is faith in LC courts, human rights are commonly abused in village courts.
“A 2006 survey pointed to several failings that can be classified as human rights abuses by LC courts,†Oloka says.
Corruption and bribery, lack of training, cultural biases against groups, for example women, nepotism and inadequate facilitation are some of the weaknesses recorded.
For example, so many cases, including capital cases like rape and robbery with violence, defilement are mishandled at local council courts. The chairman and the committee decide to give feeble sentences, for example a defiler can walk away after being sentenced to a jerrycan of a local brew. Rapists are ordered to marry their victims in village courts. “In an event like this, the rights of the girl are adversely abused and infringed upon,â€
In most LC1 courts, the issue of Mwanawagundi (so and so’s child), verses another is one of the criteria used to find out who is guilty and who is not. In many cases, the indigenous son of the soil takes the day, even if he was the aggressor.
In the process, the rights of the non indigenous resident to natural justice are abused.
Way forward
The research recommends empowering the LCs and the masses through information on all rules and regulations governing local governments, human rights, conflict resolution and clear demarcation of responsibilities of the various authorities in the districts.
Send your views to the Editor Local Leader, P.O. Box 9815 Kampala or localleader@newvision.co.ug