In Verbatim: Besigye pens dossier on presidential monarchy, life presidency

The current excitement and debate about possible plans for a Museveni “Life-Presidency” started at the beginning of July 2017. It was started by The Observer newspaper story about a Uganda Gazette of 8th June 2017 listing the Constitutional Amendment Bill as one of the bills to be published.

The targeted provision Article 102(b), says “a person is not qualified for election as President unless that person is not less than 35 years and not more than 75 years of age”.This was followed by confirmation by Maj Gen Kahinda Otafiire, the regime’s Minister of Justice and Constitutional Affairs, who said that a Constitutional Review Commission (CRC) was to be appointed as soon as the bill had been gazetted. The CRC was then expected to gather views on all matters, including the age-limit for presidential candidates.

In mid July the NRM Junta tabled a Constitutional Amendment Bill seeking to amend Article 26(2) that deals with compulsory acquisition of land only. Mr Museveni subsequently said that those talking about age-limit are idlers!

Now, there is an outburst of emotions and activity following an NRM MPs “Caucus” resolution to move a Private Member’s Bill seeking to amend Article 102(b) of the Constitution to remove the age-limits of persons qualified to be elected as President.

What surprises me is that there is still surprise, especially among the Ugandan elite, about what’s happening! Whoever has been following Uganda’s politics, even casually, shouldn’t be surprised by Mr Museveni’s quest to align the “Uganda Constitution” to his desires.

Right from the day Mr Museveni was sworn in as President after the 1981-6 bush war, he’s singlemindedly pursued two political objectives. First, to expand and protect his power. Secondly, to emasculate, weaken, or even destroy any institutions, organisations, entities or individuals that had capacity or potential to check his power.

The “historical” NRM/NRA leaders (of which I was one) and those who joined the post-1986 broad-based government are culpable for being complacent or compliant as this process gained pace.

Salient among the elements of power accumulation:

1) From 1986, all NRM and NRA top organs had Mr Museveni as the Chairperson. These included, NRM’s NEC, NRC (also Parliament), NRM SECRETARIAT and CABINET; NRA’s HIGH COMMAND & ARMY COUNCIL.

2) Enacting a law that makes him (Mr Museveni) a member of UPDF High Command for life- Sec 15(c) of UPDF Act. The UPDF Act also gives the president (& C-i-C) preponderant power to micromanage the UPDF.

3) Formal NRM organs were abandoned, since they could only be convened by the Chairperson; Mr Museveni, personally, and with informal (ad hoc) groups increasingly managed NRM affairs during the 1986-96 transition period.

4) “Suspension” of the activities of all other political parties (formally done since 1992), meant only Mr Museveni’s NRM could politically organise and function.

5) Manipulation and subversion of 1995 Constitution for self-entrenchment- read the document I wrote entitled “Evolution and Character of the NRM” authored in 1999.

6) Introduction of the “Movement System”- dubbed a “No Party System”, but with organs of a political organisation! The Movement National Conference (policy organ & body corporate, that included all MPs) and the National Executive Committee (Executive organ) were all headed by Mr Museveni. Even now, in NRM-O, Mr Museveni chairs all national party organs.

7) Embarked on policies of primitive accumulation of capital and accumulation by dispossessing the public. This included the dismantling of Producer & Marketing Cooperatives and advocating the transformation of peasant (producers) into wage labourers; massive conversion of public enterprises into private (Museveni family & Cronies) property; massive land-grabbing; etc.

8) Expanding the Military and armaments to atrociously subdue insurgent communities (rather than have political settlements) and launch regional expansion missions.

9) Colleagues that shared achievements and credentials of the NRM struggle were gradually marginalised or purged. Replaced by those who were entirely beholden to him and would do his bidding unquestioningly.

10) “Personal” financial favours using public funds. This started with a special item in the Ministry of Defence budget, where huge slash funds would be allocated for Mr Museveni’s discretionary and not accounted-for expenditure. “Presidential donations” were also taken off classified budgets of NRA/UPDF and Security Organisations. State House/ President’s office also created a Presidential Donations budget that grew exponentially to the huge slush fund it is today.
Patronage with appointments- responsible for the greatly bloated administration.

11) State House Scholarships- again, this started as a small item, with no known policy, and had exponential growth. This was for funding the education of hand-picked people through to university, including expensive foreign universities. The products of this scheme have been absorbed into various strategic areas to advance/protect Mr Museveni’s interests.

12) Militarisation and indoctrination of civil service and local government leaders through the Kyankwanzi “political education” or “Leadership Institute”

13) Chilling Military attacks on the Judiciary; sustained verbal threats; and appointments of “cadre judges” that have left the independence of the Judiciary only on paper.

14) Civil Society and non-state Institutions were either co-opted into the “NRM” or turned into appendages of the patronage system.

15)Co-optation of religious and cultural leaders through direct regular payments and financial favours. Those that resist are subjected to various forms of intimidation, harassment, blackmail, and outright attack and annihilation.

16) Breakdown of independent (critical) media. This was through economic blockades, illegal closures, security and “legal” operations; co-opting the journalists and editors etc. Alongside this, was the huge investment in large propaganda networks- domestic and international.

17) Patriotism secretariat (project) in the President’s Office, with a large budget mainly meant for indoctrination of school-going pupils.

Salient among the elements of regime protection were:

1) Expansion of the elite Presidential Protection Unit (PPU)- originally, about a Company (of about 100 soldiers) expanded to Battalion strength (about 650 soldiers), then to a Brigade strength, called PGB (about 2,000 to 3,500 soldiers) and now to a full Command- Special Forces Command (SFC)- about 10,000 soldiers! State House Entebbe displaced all other entities in its vicinity to give way to a huge military base.

2)Army leadership largely developed from specially recruited (hand-picked) cadets; taken through accelerated training courses; and given accelerated promotions.

3) Arming civilians in the “Cattle Corridor” without any legal framework regulating the weapons.

4) Specially recruited and trained police officers (akin to the PPU/PGB/SFU and largely from one area) that took over the leadership of the police force. Some military officers were also “transferred” to Uganda Police to join this group! These are the openly “partisan” officers that keep M7/NRM campaign posters hanging in their offices.
Building “private”militia, like Kakooza Mutale’s Kalangala Action Plan.

5) Building quasi-official militia forces like the Special Police Constables (SPCs) and the Crime Preventers.

6) Developing a multiplicity of Security Organisations, several of them informal and reporting to Mr Museveni personally.

Mr Museveni has also focussed on weakening and destroying institutions, organisations, entities and persons capable of checking his power or empowering others. Salient examples include:

1) Financial institutions owned by Ugandans-eg: Uganda Cooperative Bank, Uganda Commercial Bank, Greenland Bank, more recently, the National Bank of Commerce and Crane Bank etc.

2) Cooperative Unions and Trade (Workers) Unions.

3) Religious institutions- those whose leaderships were not outrightly co-opted have been blackmailed, divided and, even, criminalised.

4) Cultural Institutions- treated in the same way as religious institutions above.

5) Political Institutions (Parties, Pressure Groups and Associations etc)- apart from what happens to 2& 3 above, these are emasculated by sustained blatant violation of Rights & Freedoms to associate, assemble and peacefully demonstrate.

These processes have been largely visible to all who cared to see. It was clear from very early in Mr Museveni’s presidency that he was constructing a patrimonial system- a PRESIDENTIAL MONARCH. He had turned against NRM mission to engender a democratic transition.

UGANDA’S 1995 CONSTITUTION:

The 1995 Constitution was made against a background of political and constitutional instability since independence in 1962. This political turmoil was driven by Chief Executives, who, using the armed forces, sought to exercise perpetual and absolute power. That was why no leader had ever handed over power to another, which is still the case to date.

The critical concerns and initiatives contained in the Constitution Commission (Odoki) report aimed at dealing with fundamental challenge of peaceful and democratic change of leaders.

As pointed out earlier, the Constituent Assembly (CA) process (debating and passing a new constitution) was seriously sabotaged by Mr Museveni. However, significant initiatives coming from the people (through Odoki report) survived, although, sometimes quite altered.

The main initiatives that survived the CA process were in four areas:

1) Comprehensive bill of rights; some, entrenched.

2) Reduce the powers of president through having parliamentary approvals on some decisions and censure of ministers.

3) Decentralisation- to give local (and regional) authorities direct power and control of resources.

4) Presidential term limits (Art 105(2).

The draft Constitution never had an upper age-limit. It only provided for a lower age-limit of 40 years! This is a provision I opposed together with educational qualifications. My view then, as now, was that they were campaigns issues on which voters (with ultimate power) would decide.

The upper age-limit was included as an amendment that was introduced by a Museveni hatchet man, the late Lt (then) Noble Mayombo.

That’s why it’s widely believed to have been a Museveni initiative to bar the then UPC leader from contesting! Regardless of what may have motivated its inclusion, it became an integral part of the Constitution.

Regrettably, right from the promulgation of the 1995 Constitution, Mr Museveni embarked on systematic undermining and undoing the various provisions (that had survived the CA) vital for democratic governance and peaceful, orderly change of government.

How Mr Museveni conducted himself in the 1996 elections, the first under the new constitution, should have erased any doubts that the attempt at a democratic transition had aborted.

It was, therefore, surprising that many political elites seemed surprised, when, in 2005, Mr Museveni sought to remove the vital safeguard of term limits.

Removal of presidential term limits was a tragic blow to the soul of the 1995 constitution and its fundamental objectives of ending tyranny and oppression; engendering democratic and peaceful change of government; and ending political and constitutional instability.

With the tragedy of the fallen term limits, the only constitutional check to Mr Museveni’s ambition to create a “Presidential Monarchy” is, ironically, the age limit. This is the only reason why the fight over Article 102(b) is a do or die.

Mr Museveni has, so far, gotten away with destroying the 1995 Constitution and construction of a Presidential Monarchy largely because of the nature of the majority of Uganda’s political elites.

A large section of the political elite seems to be unable or uninterested in studying the obtaining political situations and trends, for purposes of anticipating what’s likely to happen ahead and prepare for it.

There is also a discomforting level of dishonesty; selfishness and disregard for common good; lack of self-esteem or self-confidence; and underpinned by insatiable greed! This is why many of our elites are like wind vanes- rotating effortlessly and endlessly to align themselves to the wind of personal benefits regardless of cost to common good.

Conclusion:

Over the last three decades, there has been a comprehensive capture of all State institutions and the country’s governance systems. Mr Museveni’s ongoing effort is to formally align the constitutional/ legal framework with the reality of a Presidential Monarch.

It means that Parliament, in the present state, will not, on its own, discharge its intended duty of representing the people’s will. Similarly, a referendum conducted by the captured State institutions will not give a result that reflects the true will of the people.

Mr Museveni knows all this very well. That’s why he didn’t appeal to parliament for reforms or run to Courts of law in 1980, when he complained about rigged elections.

The way forward:

All Ugandans need to realise that having the first ever non-violent change of a leader and a transition to a democratic dispensation isn’t a partisan issue. It’s a foundation on which a stable and prosperous nation has to be built.

The determination and single-mindedness of Mr Museveni to create a Presidential Monarchy or Life Presidency will not be stopped by words of persuasion alone! Ugandans who want a transition must take some actions- individually or collectively.

Individually, from wherever you’re, take action that will slow the pace of the regime and/or show your disapproval. This includes those who work for the regime in any capacity. In doing this, you don’t have to expose yourself to the regime operatives, to avoid retribution.

Collectively, together or in our different formations (students, Youth groups, Women groups, business people etc,) undertake protest actions. These are actions that demonstrate our objection to proposed changes to the constitution and support for TRANSITION.

If the police and other coercive forces menacingly stop peaceful protest, as they did last week, we disperse our actions throughout the country and stop (withhold) movement of food and supplies to the regime nerve centres.

Progressive MPs, who are objecting to amendment of the Constitution, on both sides of the house should continue to robustly protest within parliamentary chambers and also offer leadership to protests of the public.

The MPs who are serving as regime hired guns to support creation of a Presidential Monarch/ M7 Life-Presidency should be isolated and face maximum non-cooperation. The effect of these MP’s actions is same as a Plague (KAWUMPULI in Luganda, TAUNI in Kiswahili).

Members of UPDF, Uganda Police Force, Uganda Prisons Services, Internal & External Security Organisations, and any other Armed/ Security Organisation have a special and primary responsibility to the country; to the people of Uganda as a whole, and not to the ruling regime.

It’s your responsibility to make sure that the greed of the rulers of the day doesn’t subvert the political and constitutional stability of Uganda.

It’s not going to be a one day engagement, however, all signs show that the people’s desire for nonviolent change is well within reach.