Anti-Gay Legislation - Parliament of Uganda
Transcription
Anti-Gay Legislation - Parliament of Uganda
August House PARLIAMENT OF THE REPUBLIC OF UGANDA Deputy Speaker defends Uganda over Anti-Gay Legislation Analysing Supreme Court’s Ruling in the Spirit of Article 83 (1) (g) and (h) of the Constitution UWOPA comes of age JUNE 2014 August House June 2014 August House: June 2014 i NOTE FROM THE EDITOR Welcome to yet another edition of the August House magazine. We take this opportunity to congratulate the Rt. Hon. Speaker, the Deputy Speaker and Members of Parliament for their achievements in the previous Session and welcome them to the start of the Fourth Session of the Ninth Parliament. In the Third Session, Parliament handled considerable business both in the committees and in the House, passing a total of 19 Bills. Some of the Bills passed in the Third Session that have generated much debate in the public domain include The Anti Pornography Bill, The Anti-Homosexuality Bill and the HIV and AIDS Prevention and Control Bill. Parliament on its part has had to engage its stakeholders to educate, put the record right, and in some instances defend the stance taken by the institution in enacting such legislation. In this edition of the August House, we highlight the Deputy Speaker of Parliament, Rt. Hon. Jacob Oulanyah’s vivacious comments in defence of the AntiHomosexuality Bill at the 27th African Caribbean and Pacific-European Union Joint Parliamentary Assembly in Strasbourg, France, and why there is a need for foreign ii August House: June 2014 governments to respect the sovereignty of nations but more particularly legislations which are a reflection of the moral values and norms of the people. We also highlight the new team of Parliamentary Commissioners who have taken on the mantle of administration and strategic management of Parliament. We bring you their plans for the institution, but also take a sneak peek of the kind of persons they are. Additionally, we bring you articles about the offices of the Government Chief Whip and the Opposition Whip; business in the Pan-African Parliament, where Uganda has representatives and also give you highlights of the year passed. We would like to get feedback from you. Please take time to give us your comments on these and other articles in the August House. Your feedback is important to us and will inform future publications. Thank you and have a pleasant reading. Helen Kawesa Editor-in-Chief editor-in-chief Helen N. Kawesa editor Mohammed G. Katamba project coordinators Stephen Mwanga Charles bukuwa copy and style editor Phillip K. Nabyama design and layout editor Moses Bwalatum photo editor Dorothy Namubiru Mwesigwa copy assistants Mercy Nalusiba Ben Kokas Okiror design assistant Moses Mbona photography Steven Bingi Ibrahim Senfuma Abdu Kagimu A Publication of the Parliament of Uganda P. O. Box 7178 Kampala Tel: +256 414 377 000 +256 414 377 180/1 www.parliament.go.ug ©2014 August House: June 2014 iii NATIONAL ANTHEM Oh Uganda! may God uphold thee, We lay our future in thy hand. United free, For liberty Together we’ll always stand. Oh Uganda! the land of freedom. Our love and labour we give, And with neighbours all At our country’s call In peace and friendship we’ll live. Oh Uganda! the land that feeds us By sun and fertile soil grown. For our own dear land, We’ll always stand: The Pearl of Africa’s Crown. iv August House: June 2014 EAC ANTHEM Chorus Jumuiya Yetu sote tuilinde Tuwajibike tuimarike Umoja wetu ni nguzo yetu Idumu Jumuiya yetu. 1. Ee Mungu twaomba ulinde Jumuiya Afrika Mashariki Tuwezeshe kuishi kwa amani Tutimize na malengo yetu. 2. Uzalendo pia mshikamano Viwe msingi wa Umoja wetu Natulinde Uhuru na Amani Mila zetu na desturi zetu. 3. Viwandani na hata mashambani Tufanye kazi sote kwa makini Tujitoe kwa hali na mali Tuijenge Jumuiya bora. August House: June 2014 v PARLIAMENT PRAYER (Recited at the beginning of all committee and plenary meetings) Almighty God, Who in your infinite wisdom and providential goodness have appointed the offices of leaders and parliaments for the welfare of society and the just governance of humanity We beseech you to look upon with your abundant favour these your servants whom you have been pleased to call to perform such important tasks in this land Let your blessings descend upon here assembled And grant that they may as in your presence Treat and consider all matters that shall come under their deliberations in so just and faithful a manner as to promote your honour and glory And to advance the good of those whose interests you have committed to their charge. Amen. vi August House: June 2014 CONTENTS Deputy Speaker defends Uganda over Anti-Gay Legislation in International Assembly............................................................................................................... 1 Akwa Ibom State House Assembly applauds Parliament of Uganda......................... 5 Speaker decorated in Benin...................................................................................................... 8 Ushering in the new Commission .......................................................................................... 12 Opposition leadership in Parliament changed.................................................................. 17 ‘Avoid being weak,’ President Museveni advises African governments..................... 20 Whipping the Government and the Opposition sides in Parliament........................ 22 Analysing Supreme Court’s Ruling on the Spirit of Article 83 (1) (g) and (h) of the Constitution......................................................................................................... 25 ‘Meet regularly,’ Govt., Opposition Whip advised............................................................... 28 UWOPA comes of age; Grows stronger.................................................................................. 31 Hon. Cecilia Ogwal bows out of Pan-African Parliament with glowing tribute ..... 36 Hon. Kiwanda takes Chair of Commonwealth Parliamentary Human Rights Group ................................................................................................................... 40 Dr. Baryomunsi elected President of African Parliamentarians Forum on Population................................................................................................................... 42 Another 83 offices for MPs in offing........................................................................................ 43 The year that was 2013 - 2014.................................................................................................. 45 August House: June 2014 vii Deputy Speaker defends Uganda over AntiGay Legislation in International Assembly By Charles Bukuwa T he Deputy Speaker of Parliament, Rt. Hon. Jacob Oulanyah, early this year spearheaded a resolution of African Caribbean and Pacific nations that defends the sovereignty of these nations. This followed an attempt by the members of the European Union to suspend Uganda and Nigeria from the Cotonou Agreement of 2000. This was during the 27th African Caribbean and Pacific-European Union Joint Parliamentary Assembly held from 17th to 19th March 2014 in Strasbourg, France. homophobic. Mr. Michel stated that “Any law that criminalised homosexuality is a clear breach of the international agreements that protect minorities and must be In his submission to the Assembly, the CoPresident of the ACP-EU Joint Parliamentary Assembly, Mr. Louis Michel said that Uganda and Nigeria should repeal the anti-gay laws which he described as being Rt. Hon. Jacob Oulanyah August House: June 2014 1 immediately repealed.” He added that countries, which outlaw sexual minorities, should not be part of the wider international community. “We can never accept that governments use some kind of cultural argument as a pretext to justify demonising homosexuality. The right to be different is a founding expression of the rights of man”, he added. However, Rt. Hon. Jacob Oulanyah in his submission to the Assembly said that there is consensus on state sovereignty and there is no need for interference from outside. “What has happened in Uganda and Nigeria is an expression of that sovereignty. Any proposition to undermine the sovereignty of states; those against the root of this relationship and to propose anything less is to abuse this process and partnership”, he added. In an interview with the August House, Rt. Hon. Oulanyah said that it was a tough job convincing the other countries that any resolution adopted on that subject would eventually affect all of the ACP nations. “I put it to them that this would target Uganda and Nigeria at that moment but any resolutions against us would at one time have far reaching implications on other member states,” he said. Following this spirited fight, the ACP countries adopted a resolution in support of Uganda and Nigeria, which have passed anti-gay legislations. Below is the full Resolution; DECLARATION OF THE ACP PARLIAMENTARY ASSEMBLY ON RECENT PROPOSALS ADOPTED BY THE EUROPEAN PARLIAMENT WITH REGARD TO UGANDA AND NIGERIA The Parliamentary Assembly of the African, Caribbean and Pacific (ACP) Group of States, meeting at its 35th Session in Strasbourg, France on 14 and 19 March 2014, • Having regard to the European Parliament Resolution of 13 March 2014 on initiating consultations to suspend Uganda and Nigeria from the Cotonou Agreement in view of recent legislation further criminalising homosexuality in the two countries; • Having regard to the Resolution on challenges to the democratic accommodation of ethnic, cultural and religious diversity in ACP and EU countries, adopted by the ACP- EU Joint Parliamentary Assembly in Prague on 4 April 2009 (ACP-EU/100.460/09/fin); 2 August House: June 2014 A. Whereas as many as 76 countries in the world consider homosexuality a crime, with 5 countries foreseeing the death penalty for such crimes; B. Considering that one of the universally held cardinal principles of democracy is to accept differing opinions on matters of principle and that democracy and human rights do not allow forceful imposition of unilateral points of view by one country over another sovereign country; C. Whereas the laws passed in Uganda and Nigeria were proposed by democratically elected Parliaments, and complied with all the necessary legislative procedures, including consultations with a cross-section of their populations; D. Conscious of the need to respect the rule of law and the right of sovereign governments and their democratic institutions, notably their legislative institutions to reflect and respect the will of their people E. Whereas a number of Member States of the European Union among which, the Netherlands, Denmark and Sweden, as well as other countries such as the United States of America and Norway have decided to either withhold aid directed to the Ugandan Government or redirect aid away from the government to civil society; F. Whereas homosexuality is already punished with a 14-year prison sentence under section 145 of the Uganda Penal Code Act, enacted by the British colonial government; with 7 year imprisonment under section 214 of the Nigerian Criminal Code, enacted by the same British Colonial government; G. Whereas the right of a society to determine its own moral values and norms must be understood as a fundamental human right under principle of sovereign protection; H. Recalling that ACP countries have consistently respected the right of the EU and other countries to determine, defend and legislate for their own cultural values and norms, such as laws outlawing polygamy, which are, on the contrary, permissible in many ACP states; I. Whereas recent developments have indicated that while ACP countries have August House: June 2014 3 exercised their democratic right to defend their cultural values and traditions which form the bedrock of their social development and ethics, the European union has exerted pressure on them to disregard the wishes of the majority of their people in the name of democracy and human rights as they perceive it; 1. Regrets the deliberate application of double standards in addressing democracy and human rights issues as manifested in the reaction of the European Parliament in relation to the issue of sexual orientation and homosexuality in ACP Countries; 2. Recalls that in ACP countries these have not been issues of controversy amongst their own people who have co-existed with such differences on the basis of established social behaviour and acceptable standards of decency; 3. Reaffirms its rejection of any attempt to pressure the ACP countries into accepting values contrary to the wishes and aspirations of their peoples; and regards such attempts by the EU as running counter to the values of parliamentary democracy which it espouses, and having nothing to do with the Cotonou Partnership Agreement; 4. Regrets that some ACP countries are being punished for observing and upholding the generally acceptable norms in their societies; 5. Urges the EU to accept that at this time, there is no common ground between itself, and Uganda and Nigeria on the question of sexual orientation and homosexuality; 6. Calls upon the EU to respect the democratic processes of sovereign States and to refrain from taking action which could undermine the basis of its development partnership with the ACP Group, including the attainment of the objectives of poverty eradication and sustainable development, and to desist from tying sexual orientation and homosexuality to development aid and cooperation; and 7. Instructs its President to forward this Declaration to the ACP-EU Joint Parliamentary Assembly (JPA), the Pan-African Parliament, the European Commission, the EU Council, the European Parliament, ACP national parliaments and Governments, in particular to the Governments, Parliaments and the Presidents of Uganda and Nigeria and the African Union. AH 4 August House: June 2014 Akwa Ibom State House Assembly applauds Parliament of Uganda By Stephen Mwanga T he Speaker of Akwa Ibom State House Assembly, in Nigeria has applauded the Parliament of Uganda for its concerted efforts in deepening parliamentary practice in Africa. “I would like to express my gratitude to my senior colleagues and the Parliament of Uganda as a whole for their spirited efforts in building and sustaining parliamentary practice in Africa,” Rt. Hon. Sam Okon Ikon said. This was during his address to Uganda’s Parliamentary August House: June 2014 5 “Nigeria is one of the countries in Africa that has also passed a law against homosexuality after Uganda. We find that very supportive.” Commissioners during their working visit to the Nigerian State in February this year. Rt. Hon. Ikon said that just like the Parliament of Uganda, the Akwa Ibom State House Assembly works to fulfill the interests of the common person. “We are working on the uncommon transformation for the good of our people. We have worked to change leadership in many government entities including the courts of law and the police for purposes of creating harmony and law and order for the common person, he explained.” Right Hon. Ikon also reiterated the fact that just like it is in the Parliament of Uganda, the Akwa Ibom State House Assembly works without state influence. He stressed that not even the State Governor, interferes with the parliamentary roles,adding that separation of powers did not only exist between the Akwa Ibom State and the Federal 6 August House: June 2014 Government of Nigeria but that also within the Assembly, the principle of separation of powers is highly respected. “For example, our Parliamentary Commission though created by a Statute of Parliament, works independent of this Assembly in many respects.” Speaking at the same meeting in the Speaker’s Boardroom at the Akwa Ibon State House Assembly Building, Hon. Elijah Okupa, the leader of the delegation from Uganda thanked the Akwa Ibom State House Assembly Speaker and Nigeria at large for the spirited support exhibited in South Africa in September 2013 during the election of the Chairperson of the Commonwealth Women Parliamentarians Association in which, Rt. Hon. Rebecca Kadaga was elected Chairperson. Hon. Okupa also applauded Nigeria for the support exhibited as far as the fight against homosexuality in Africa is concerned. “Nigeria is one of the countries in Africa that has also passed a law against homosexuality after Uganda. We find that very supportive,” he said. Hon. Okupa also stressed the need for the Akwa Ibom State House Assembly to work closely with the media. He asked them to pick examples from the Parliament of Uganda and explained that the Parliament of Uganda works with an effective press staff; and the relationship between the State Assembly and the National Assembly among others. This was the last working visit of the Commissioners, who were replaced by a new team in April this year. team under the umbrella association of the Uganda Parliamentary Press Association. He commended the Speaker of the AkwaI bom Assembly for regularly organising meetings with senior editors from media houses in the State, adding that this was a good practice,which the Parliament of Uganda needed to tap. “The practice of senior media editors meeting with the leadership of Parliament to sort out issues, is a good practice that should go to the Parliament of Uganda,”he stressed. The Parliamentary Commissioners, in company of two staff of Parliament, were in the Akwa Ibom State on a working visit to benchmark on how political parties are facilitated at the Akwa Ibom State Assembly; the management of constituency offices; management of committees; facilitation of The team, led by Hon. Elijah Okupa also included, Hon. Emmanuel Dombo, Hon. Jalia Bintu and Hon. Dr. Chris Baryomunsi together with Hon. Samuel Odonga Otto as the outgoing Chairperson of the Government Assurances Committee of Parliament. The Commissioners were accompanied by two staff members – Mr. Benson Masereka;the Assistant Director of the Commission Secretariat, and Stephen Mwanga; Senior Assistant Editor of the Hansard. Akwa Ibom State is one of the 36 states of Nigeria. It was named after the Qua Iboe River, and is located in the coastal Southern part of the country. It is bordered on the east by Cross River State, on the west by Rivers State and Abia State, and on the South by the Atlantic Ocean and the southernmost tip of Cross River State. It is currently the highest oil and gas producing state in Nigeria. The State was created in 1987 but had its first State Assembly in 1992. Rt. Hon. Sam Ikon is Speaker of the fifth multiparty Assembly, which has 26 members with only one member of the Opposition from the Action Congress of Nigeria (CAN) political party. AH August House: June 2014 7 Speaker Decorated in Benin By James Bamuwamye T he Speaker of Parliament, Rt. Hon. Rebecca Kadaga was in April 2014 decorated with the Grand Cross of the National Order of Benin. The Speaker was honoured during a courtesy call she paid to the Benin President, H.E. Yaya Boni at the Presidential Palace in Cotonou, Benin on 11th April, 2014. The Speaker was presented with the medals by Dr. Koubourath Anjorin Osseni, of the Benin Chancery, which recognized the dignity and prestige the people of Benin accord to Rt. Hon. Kadaga; who was recommended for the medal by H.E. Yaya Boni. The Speaker was in Porto-Novo, Benin to attend the Opening of the 1st Session of the 6th Legislature on Friday, 11th April 2014. On receiving the honour, Right Hon. Kadaga encouraged the People of Benin to include women in decision-making. The Parliament of Benin has only six women representatives out of the 83 Members of Parliament. 8 August House: June 2014 The Speaker also visited the National Parliament of Benin’s Radio Hemicycle FM 103.4 where she proposed the signing of a Memorandum of Understanding to identify areas of common interest between the two legislatures. The Speaker was accompanied by Hon. Lucy Ajok and Hon. Peter-Abraham Lokii. Below is Hon. Kadaga’s speech in full:Your Excellency the President, The Right Honourable Speaker of Parliament, all distinguished guests, Ladies and Gentlemen; It is a great pleasure and honour for me to address the National Assembly on the occasion of the Opening of the First Session of 2014. I express my sincere pleasure to Prof Nago, the Speaker of the National Assembly. He has invited me on two previous occasions but I was unable to come, but this year I decided to put aside any other work so that I could honour his invitation and I am very happy to be here, for the first time. When I was in secondary school we studied the history of West Africa and I recall vividly the power, the political and military organization of the ancient Kingdom of Dahomey under its ruler, the FON. Presently relations between our two governments are very cordial. There have been state visits to Uganda by both President Kerekou and President Soglo as well as other dignitaries like ministers. What has been missing and which I have come to implement is the improvement and strengthening of relations between the two national assemblies of the Republics of Benin and of Uganda. Amongst the other things we share is the production of cotton, and both Benin and August House: June 2014 9 Coming to the parliamentary dimension, I have worked closely with Prof Nago and the Benin delegation, as a member of the IPU Executive Committee, representing the African region together with colleagues from Burkina Faso, Gabon and Lesotho. I wish to report that overtime, it has become clear that parliaments are not ver much engaged in the shaping of international foreign policy, yet when international agreements are agreed and signed by governments, it is the parliaments which are expected to not only domesticate those agreements into municipal law but to also budget and carry out oversight. Many times parliaments find themselves in a tight spot where they cannot change the agreements since they have already been signed, including terms and conditions. It is for this reason that the IPU, has been able as a start to influence the future content of the reports of our countries to the United Nations Committee on the Elimination of all forms of discrimination against women. Uganda have been consistent and avid advocates for the full implementation of the Brussels Programme of Action for the least developed countries which calls for poverty eradication and quota free market access for all commodities from least developed countries and specifically for the USA to cut subsidies to their farmers, 10 August House: June 2014 It is now a requirement that the country report must include an assurance that the report being presented has been discussed by the Parliament. Therefore, as the Executive Committee of the IPU, we would like to encourage the governments to include Members of Parliament on national delegations to the meetings of the United Nations and other multilateral organizations and of course to request the Speakers to facilitate the participation as well as reporting so that the outcomes are owned by the people. Members of Parliament are the representatives of the people, and as such are key stakeholders who need to make an input into agreements entered by the governments on behalf of the population. It is therefore a matter of great regret that the Millennium Development Goals were designed, discussed and agreed upon without the national parliaments. Ironically, civil society has always been consulted and indeed have a right of space at meetings of the United Nations, yet they are not elected by anybody, they appoint themselves and report to the donors not to the population, for instance, during the annual meetings of the Commission on the Status of Women which takes place each year, the IPU has only one day out of the two weeks. It is therefore important that parliaments and the local governments participate fully in the development of the Post-2015 sustainable development goals. This position has been made to the high-level consultative group. in mind the public interest. We should scrutinize the governments proposals to ensure that they have equity for both genders. When budgeting, are we taking into account the needs of school children, their infrastructure, their sanitation, the provision of water, the distances that children have to walk to get to school? Have we provided for sufficient laboratories and equipment, have we ensured sufficient teachers for them? Do the ordinary people have access to land, to capital, to financial institutions and is it affordable? All these and more responsibilities sit on our shoulders because we are their voice. I will not conclude before speaking about the need for inclusion of women in decision-making. Most of our countries are signatory to The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which is now more than 30 years. The Beijing Platform of Action required our governments to take temporary special measures to facilitate this, if there is an opportunity to amend your national constitution please take advantage of that to make those changes. Again thank you for this opportunity, Mr. Speaker and I wish you a successful Session. AH At the local level, we need to always keep August House: June 2014 11 Ushering in the new Commission – Mercy Nalusiba & Moses Bwalatum E arly this year, Parliament elected four new backbench commissioners namely, Hon. Reagan Ronald Okumu, Hon. Rose Akol Okullu, Hon. William Nokrach and Hon. Rosemary Seninde to replace former commissioners Hon. Emmanuel Dombo,Hon. Dr. Chris Baryomunsi, Hon. Elijah Okupa and Hon. Jalia Bintu whose term of office expired in December 2013. The previous Commission, steered by the Speaker, Rt. Hon. Rebecca Kadaga, was emphatic, focused and determined to deliver and give Parliament a new facelift. Their two and a half years’ tenure in office saw the completion of a multi-storied parking facility for the over 375 MPs and staff. They also saw to it that MPs embrace a modern outlook to work and facilitated each MP with an Ipad, a move towards a paperless Parliament. of gender have been addressed with the commission approving a modern day care centre for nursing MPs and staff. These are just but a few of the numerous achievements the previous commission boasts. Suffice to say, the new Commission, with faces of senior MPs that have served for quite some time in Parliament, promises an even brighter future for Parliament. The Parliamentary Commission, a body charged with the administration and strategic management of Parliament is established under Article 87(a) of the Constitution. It is charged with the responsibility of appointing, promoting and disciplining staff holding public office in Parliament but also to review their terms and conditions of work, including determining the allowances and privileges to the Speaker and Members of Parliament. The Commission also embarked on solving the longstanding problem of office space for both the MPs and staff by approving construction works of new floor that will accommodate over 80 offices. Whereas theirs is still a learning process, the new commissioners acknowledge the role played by their predecessors and want to take on the mantle from where they stopped. The August House spoke to them about their plans and what their new role means to them. With a female Speaker at the helm, issues Completing the modern parking facility with 12 August House: June 2014 Hon. Reagan Okumu Hon. Rosemary Seninde Hon. Akol Rose Okullu a modern security system and supervising the renovation of Development House to solve office and parking space woes are some of the pledges by the new commissioners. “We are looking to add value. The welfare of MPs and staff is priority. We want to ensure that members are facilitated to do their work. We also want to enhance professionalism in the service by having qualified and experienced personnel. We also want to ensure that all MPs and Parliament staff have offices. Hopefully, with the completion of the 6th Floor and renovation of Development Hon. William Nokrach House, we shall reduce on the expenditures on renting buildings outside Parliament,” says Hon. Nokrach. Honourable Rosemary Seninde re-echoes the same concern, citing that a conducive working environment is key for service delivery. “You cannot get anything positive from a poorly facilitated and demotivated team.” One of the major challenges observed by the previous Commission in Parliament’s last three years has been absenteeism or failure August House: June 2014 13 by MPs to attend plenary and committee sessions. Hon. Reagan Okumu, however, says that absenteeism has been generally due to the many uncoordinated Parliament activities. “Sometimes committees are in the field yet there are other ongoing activities at Parliament; others members may be executing field trips, abroad or within the country or visiting their constituents, while others may not necessarily be interested in the debate of the day, as not everyone can legislate on all matters. However, there are members who are perennial absentees and do not attend to any business and this has stalled Parliament business. The Commission will harmonise this, even if it means having a Shame List,” he asserts. Hon. Akol also acknowledges that the issue of quorum has persistently bogged Parliament for long. She attributes it to political pressure especially elections. “Every third year into Parliament, Members tend to concentrate more on their constituents as the pressure of re-election sets in. We need to amend the Rules of Procedure to provide for the Hansard to reflect attendance to Parliament work even outside Parliament.” She clarified that because of the oversight role of Parliament, some committees are out in the field, especially at this time of the budget process, overseeing what Ministries, Departments and Agencies (MDAs) have done. Worth noting also is the commission’s zeal to improve the quality of committee reports. 14 August House: June 2014 Hon. Okumu is critical of the new system of political parties nominating people to serve on various committees and committee leadership saying this undermines the quality of work “In the past, one was voted for by the whole House to serve on a committee and leadership was based on experience and expertise. However, this new system undermines the quality of reports as committee chairpersons in most cases are answerable to their political parties. This stifles Parliament work.” he explains that the new Commission will look into ways of standardising the procedure. Speaking about the Commission’s long term plans, Hon. Akol remarks that they are considering amending the Parliamentary Pensions Act to address MPs and staff welfare upon retirement. Hon. Okumu, on the other hand envisions a proposal to have MPs facilitated with constituency offices, supported by Parliament, to do research for the busy MPs, like it is in other parliaments in addition to construction of a new chamber that will accommodate all MPs. The new Commission also intends to be proactive by engaging in regular meetings with the various stakeholders to ensure that issues of welfare, staffing, recruitment, facilitation of staff among others are looked into and timely action and feedback delivered. AH Fact Sheet Name: Hon. Reagan Okumu Party: FDC Constituency: Aswa County, Gulu District Committees Served: • Committee on Natural Resources • Committee on Commissions, Statutory Authorities and State Enterprises • Committee on Foreign Affairs • Committee on Human Rights • Public Accounts Committee • Committee on Government Assurances • Committee on Presidential Affairs • Presently, Member Committee on Natural Resources and also Member, Committee on Commissions, Statutory Authorities and State Enterprises Triumphs: A philanthropist. February 2013, received a humanitarian award for community leadership in philanthropy from Kansas, USA, owing to work for the children, women, peace and development in Uganda. Secondly, Parliament of Uganda is autonomous today to perform its oversight role unlike in the Sixth Parliament. Your passions: I am passionate about governance, especially issues of integrity, protocol, management and order. I am shaped by ideology and standing by the underprivileged in society. I am a very principled person. I believe people should be of high integrity. If you are on the wrong, I’ll tell it to your face irrespective of who you are but when you are right, I do not praise you. How do you spend your free time: I don’t have free time, whether when abroad or in Uganda. Hon. Reagan Okumu is presently the Chairperson of the Sub-Committee of Administration in Parliament. Name: Hon. Akol Rose Okullu Party: NRM Constituency: Woman Representative, Bukedea District Committees Served: • Committee of Finance, Planning and Economic Development / Member, Sub-Committee on OAG • Chaired Budget Committee in Eighth Parliament • Presently, Member Budget Committee • Chaired Parliamentary Pensions Scheme Board of Trustees Triumphs: I pay special tribute to Hon. Oketcho. Working together as a team in the Budget Committee, Parliament of Uganda has become a model and reference point in Africa in terms of the Budget Process. We have the Budget Act and the Parliamentary Budget Office, which most parliaments don’t have. The Budget Committee has never had a Minority Report and this is because we have consensus on most issues. Passions: I am passionate about my constituency and the health of women. My mother died of cancer, and it is partly why I have been screening all women for cancer in my constituency. Most of them do not have knowledge about cancer and yet it lives among them. Maternal deaths have greatly reduced in my constituency because I recently procured an ambulance – a 24-hour emergency rescue system to reach a health facility within an hour. My people are very grateful for this intervention. How do you spend your free time: I do not have free time. When I chance to get it, I am in the constituency. However, I make it a point to spend public holidays with my family. Hon. Akol is presently the representative of the Parliamentary Commission on the Parliamentary Pensions Scheme Board of Trustees August House: June 2014 15 Fact Sheet Name: Hon. William Nokrach Party: NRM Constituency: Persons With Disability Representative Committees Served: • Chairperson, Committee of Gender, Labour and Social Development • Human Rights Committee • ICT • Presently, Member Committee on Human Rights, and also Member Committee on Gender, Labour and Social Development Name: Hon. Rosemary Seninde Party: NRM Constituency: Woman Representative, Wakiso District Committees served: • • • • • Committee on East African Community Affairs • Committee on Rules, Privileges and Discipline • Committee on Foreign Affairs Public Accounts Committee Committee on Social Services Pioneer Member, Committee on HIV/AIDS and Related Matters Pioneer Member, Committee on Human Rights 16 August House: June 2014 Triumphs: Persons with Disability enjoy a unique status in Parliament. I appreciate the former Commission for the state-of-the-art restrooms they have provided for persons with disabilities on every floor of Parliament. In the new parking lot, we have slots clearly reserved for PWDs at the top most floor. Passions: I want to leave Parliament a better place in terms of welfare of MPs and staff and their performance in their different roles. How do you spend your free time: I am a musician. I am an active member of the choir in my church. Hon. Nokrach is presently the Chairperson of the Sub-Committee on Human Resource Development in Parliament. • Presently, Member Committee on Foreign Affairs Triumphs: I am glad that we caused policy shifts and reforms in the health and education sector. Your passions: I am passionate about my voters. These are the people who gave me their mandate and they have not let me down. I have programmes for all categories of my people in the constituency. How do you spend free time: Of the 24 hours in a day, I give one hour to God. Sometimes, I work out in the Parliament Gym. Hon. Seninde is presently the Chairperson of the Audit Sub-Committee of Parliament Opposition leadership in Parliament changed By Onghwens Kisangala I t is the tradition in Parliament that leaderships of especially committees are reviewed after two and a half years. These reviews saw changes occur across the leadership strata of the Opposition in Parliament right from the Leader of the Opposition to the committee membership; most of the members switched positions. Hon. Wafula Oguttu, the Bukooli South legislator took over from Budadiri South’s Hon. Nandala Mafabi as the new Leader of the Opposition in Parliament. The Chief Opposition Whip’s office switched hands too as the Kasese Woman Member of Parliament Hon. Winnie Kiiza gave way to the Dokolo Woman representative, the veteran politician, Hon. Cecilia Ogwal. The position of the Assistant Chief Opposition Whip also changed hands between Hon. Betty Aol of Gulu and Hon. Roland Mugume of Rukungiri Municipality who took over. The entire top leadership of the Opposition therefore, changed. The last time a similar scenario occurred in Parliament although occasioned by Hon. Wafula Oguttu (LOP) different reasons was after the abrogation of the 1962 Constitution in Parliament and the collapse of the UPC-KY Alliance in May 1966 when the then LOP, the late Hon. Basil K. Bataringaya together a few Members from the Opposition crossed the Floor to join government leaving the Hon. Alex Latim to take over as the new LOP. It was the first time when there occurred a situation where there was a former LOP in the same House with his successor. Although other leaders of the Opposition were switching offices, the fact that they were being replaced in those offices meant August House: June 2014 17 that there was going to be no office in the Parliament building to settle the former LOP. This was particularly so because the new LOP was coming from Bauman House and it was unthinkable to settle the former LOP there. To have Hon. Nandala Mafabi occupy Room 301 in Parliament Building took a bit of shuffling and negotiations. COSASE (Committee on Commissions, Statutory Authorities and State Enterprises) while Hon. Jack Sabitti handed over to Hon. Kiiza Winfred the Local Government Accountability Committee. It was not amusing, especially to the new LOP. Hon. Wafula Oguttu pointed out that all this would be sorted if only the law was amended to make it possible for party presidents or party leaders that run in presidential races and attain particular percentages to come to Parliament in a particularly defined category. The expanded Shadow Cabinet also saw new faces come in with only one exiting. The new faces include Hon. Muwanga Kivumbi of Butambala County taking the Internal Affairs and Human Rights portfolio; the Minister for East Africa, Hon. Benson Obua, MP Moroto County; the Minister for Kampala, Hon. Osegge Angelline, the Woman MP Soroti District and the Minister for Karamoja, Hon. Femiar Wadada, Woman MP Sironko District. “All this would not be if my party president was here in Parliament. He would be the automatic Leader of the Opposition in a definite continuity”, said Hon. Wafula Oguttu. Only Hon. Odonga Otto of Aruu Country and Hon. Mathias Mpuuga opted to stay out of the cabinet although they were members in the last team of the “alternative government”. Literally, all the other leadership positions in the opposition changed hands. In the revered Public Accounts Committee, Hon. Kasiano Wadri gave way for Hon. Alice Alaso. Meanwhile, Hon. Wadri himself replaced Hon. Samuel Odonga Otto in the Government Assurances Committee. The ambassadors to International organisations are Hon. Okupa Elijah, to the Pan-African Parliament (PAP); Hon. Franca Akello, a Member of the International Parliamentary Union (IPU); Hon. Bihande Bwambale, a representative to the Commonwealth Parliamentary Association (CPA) and Hon. Christine Abia who represents the Opposition in the African Caribbean/ EU. Meanwhile, besides the Leader of the In the other Opposition led accountability committees, Hon. Semujju Ibrahim Nganda took over from Hon. Patrick Amuriat in the 18 August House: June 2014 Opposition, Hon. Reagan Okumu is the new representative of the Opposition to the Parliamentary Commission. Opposition leaders receive certificates of appreciation As the final ceremony of the hand over process, the Office of the Leader of the Opposition decided to present the former leaders with certificates of appreciation for their contributions in the respective offices they held either as a Shadow Cabinet Minister, Committee Chair or Vice Chair, Parliament Commissioner, Whips and as LOP. They all received certificates of appreciation. It was another first in Parliament. No Member, not even the Speaker, Rt. Hon. Rebecca Kadaga who presided over the function could recall an event ever organised for the recognition of former leaders of Parliament in the past. Members were so pleased by the gesture and the Speaker reiterated that Parliament should in the future consider recognizing its leaders in the routine of their coming and going. The function was attended by members of the civil society, leaders of political parties represented in Parliament including Maj. Gen. (Rtd) Mugisha Muntu of the FDC, Mr. Asumani Basalirwa of JEEMA, Ambassador Olara Otunu of the UPC, Norbert Mao of DP and Hon. John Ken Lukyamuzi of the Conservative Party. The Clerk to Parliament also graced the occasion which was presided over by the Speaker of Parliament Rt. Hon. Rebecca Kadaga. AH August House: June 2014 19 ‘Avoid being weak,’ President Museveni advises African governments By Mohammed Katamba T he President of Uganda, H.E Yoweri Museveni, has advised African governments to avoid being weak and hence prevent Western countries from intervening in their national and continental affairs. President Museveni, speaking at celebrations to mark 10 years of the PanAfrican Parliament (PAP) in Midrand, South Africa on March 18, 2014, said that by being weak and under developed, Western powers were coming back with a new wave of colonialism. “You were weak and got colonised. Fortunately we survived and got our freedom again. We did not use our freedom to make ourselves stronger; now they have come back to start from where they stopped,” he said. “After Independence we did not analyse why we had been colonised and quickly rectify the problems. We simply relaxed and enjoyed being in power forgetting that the lion cannot live with the lamb,” he said using the Biblical references on how the 20 August House: June 2014 lamb would lay with the lion in heaven. The Parliament was established in March 2004, as one of the nine Organs of the African Union. It was intended to “provide a common platform for African peoples and their grass-roots organisations to be more involved in discussions and decision-making on the problems and challenges facing the continent.” President Museveni was unhappy that Western countries had intervened in Libya, which, he said, has never recovered, ignoring possible solutions proposed by the African Union. He said it was contemptuous of NATO to prevent a team of six presidents with the AU mandate to try and resolve the Libyan issue, from travelling to the country. He said that although he was part of the named AU team, he was not on the fateful flight to Libya. “African Presidents, on African soil, carrying out an African mission were ordered by NATO to go back (arguing) that they had not allowed them to land. This was contempt,” he said. “I want to advise African governments, you should not tempt the greedy people, to come and colonise us by being weak. When you are weak, you tempt the greedy.” “I want to advise African governments. You should not tempt the greedy people, to come and colonise us by being weak. When you are weak, you tempt the greedy,” he said, adding that, “It is your fault to be weak, why would you allow yourself to be weak. Avoid making yourself so vulnerable.” President Museveni identified ten factors preventing African countries from developing including ideological disorientation by the political elite; attacking the private sector; inadequate infrastructure; underdevelopment of human resource, lack of education and health; small markets; lack of industrialization, underdeveloped services, agriculture and lack of democracy. The President of Saharawi, H.E Mohamed Abdelaziz and the President of Mauritania, H.E. Mohamed Ould Abdel Aziz, the former President of Ghana, H.E Jerry Rawlings also addressed the sitting, advocating for the granting of legislative powers to the Pan African Parliament. At the inception of the PAP, it was expected that it would evolve into an institution with full legislative powers, whose members are elected by universal adult suffrage, which awaits a decision from the African Union Heads of State Summit. Uganda’s representatives to the PAP are Hon. Onyango Kakoba (NRM, Buikwe North), Hon. Barumba Rusaniya (NRM, Kiruhura district), Hon. Amooti Otada (Ind., Kibanda), Hon. Jacqueline Amongin (NRM, Ngora district) and Hon. Elijah Okupa (FDC, Kasilo). AH August House: June 2014 21 Whipping the Government and the Opposition sides in Parliament By David Ivan Masajjage Background The title ‘whip’ dates as way back as the Seventeenth Century in the British Parliament. It (whip) was derived from the foxhunting spot in England where the whipperin hounded all the hunting dogs in one direction to chase after the fox and ensured that they did not stray. The title ‘party whip’ has been adopted by Commonwealth parliaments to mean the individual Member of Parliament chosen by his/her political party in Parliament to act as their head or manager. In Uganda, before the advent of multiparty democracy in 2006, Cabinet had a Minister in charge of Parliamentary Affairs. The first Minister for Parliamentary Affairs was the current Speaker of Parliament, Rebecca Alitwala Kadaga who was succeeded by Hon. Hope Mwesigye, the then Woman Representative for Kabale District. With the advent of multi-party politics, the offices of the Government Chief Whip, 22 August House: June 2014 Opposition Chief Whip and Party Whips were established by Sections 6H, 6I and 6J of the Administration of Parliament (Amendment) Act, 2006 respectively and Rule 14 of the Rules of Procedure of the Parliament of Uganda, 2012. The Government Chief Whip The Government Chief Whip is appointed by ruling Government from among its Members of Parliament, as provided for by the Rules of Procedure of the Parliament of Uganda. Just like in many other Commonwealth countries, the Government Chief Whip in Uganda is a full Cabinet Minister and works very closely with the Prime Minister who also works as the Leader of Government Business in Parliament. The Government Chief Whip also chairs the ruling party’s (NRM) caucus through which consensus on Members of Parliament’s views are sought on rather controversial policy matters before being legislated on during plenary and in Parliamentary committees. Chronology of Government Chief Whips in the Parliament of Uganda Soon after the reactivation of the multiparty democracy dispensation in 2006 and the subsequent amendment of the Administration of Parliament Act, came the first Government Chief Whip in Uganda, Hon. Kabakumba Masiko Labwoni, Member of Parliament for Bujenje Constituency, Masindi District. She was reassigned in a Cabinet reshuffle to head the Ministry of Information and National Guidance. Hon. Daudi Migereko, Member of Parliament for Butembe County, Jinja District took over from Hon. Kabakumba until he was also reassigned to head the Ministry of Lands, Housing and Urban Development, a post he still holds todate. Hon. John Nasasira, Member of Parliament for Lands, Housing and Urban Planning. Kazo County, Kiruhuura District took over the mantle from Hon. Migereko until he was reassigned to head the Ministry of Youth, Culture and Gender where he still is.. The Opposition Chief Whip The current Government Chief Whip, Hon. Justine Kasule Lumumba, Woman Representative, Bugiri District received the baton from Hon. Nasasira after a brief stint as the Minister of State for Urban Development, a docket within the Ministry of The Opposition Chief Whip is appointed by the party in opposition to government with the greatest numerical strength among the opposition parties in Parliament, as provided for by Rule 14 (4) of the Rules of Procedure of the Parliament of Uganda. Just like in many other Commonwealth August House: June 2014 23 countries, the Opposition Chief Whip in Uganda is a Shadow Cabinet Minister and works very closely with the Leader of the Opposition in Parliament. The Opposition Chief Whip also chairs the Opposition Caucus through which consensus on the Opposition’s alternative views are sought before being legislated on during plenary and in parliamentary committees. Chronology of Opposition Chief Whips in the Parliament of Uganda The first Opposition Chief Whip was Hon. Kassiano Wadri Ezati, Member of Parliament for Terego County, Arua District. Hon. Wadri left to serve as the Chairperson of the Public Accounts Committee and is currently the Chairperson of the Committee on Government Assurances. Hon. Winfred Kizza, Woman Representative, Kasese District, replaced Hon. Wadri at the beginning of the Ninth Parliament in 2011 until recently when she was appointed Chairperson of the Local Governments Accounts Committee where she is still serving. Hon. Cecilia Atim Ogwal, Woman Representative, Dokolo District, took over from the Hon. Winifred Kizza and is currently the Opposition Chief Whip. 24 August House: June 2014 Roles of Whips The major role of all the whips is to ensure due attendance, participation in proceedings and voting in Parliament by Members of Parliament of their party. The other functions of all Party Whips include: Organizing party business; keeping Members of Parliament informed of parliamentary business; appointing Members of Parliament to serve on Standing and Sectoral Committees; cooperating with other Whips in putting into effect and coordinating agreed parliamentary business; acting as an intermediary between leaders and other party members; arranging representations of party members on official delegations; and acting as a teller during voting. Challenges of whips Party whips face the following challenges: • Balancing between party interests (loyalty) and knowledgeability of a Member while appointing them to serve on a committee; • Constitution of new committees and their leadership; • Allocation of meager office spaces; • Constitution of foreign delegations; • Lack of quorum in committees; Whips are like shock absorbers of punches from all angles; The title ‘Whip’ itself scares some MPs who assume that a whip is there to harass them. AH Analysing the Supreme Court’s Ruling in the Spirit of Article 83 (1) (g) and (h) of the Constitution By Solomon Kirunda Hon. Barnabas Tinkasiimire, Hon. Wilfred Niwagaba and Hon. Theodore Ssekikubo C an a Member of Parliament remain in their political party while enjoying the benefits of another political grouping? Several questions of this nature have lingered - what happens to a Member of Parliament and their seat if, having been elected to Parliament as a member of a political party or as an independent, choses to get nominated in the subsequent election as an Independent or as a member of another political party all together? Such questions have dawdled in people’s minds because of the provisions contained in Article 83 (1) (g) and (h) of the Constitution of the Republic of Uganda. However, answers to such questions have started trickling in. The first answers were provided in the Supreme Court Ruling to Constitutional Petition No. 38 of 2010: George Owor Vs. William Oketcho and Attorney General in which the Constitutional August House: June 2014 25 Court had ruled thus: “Article 83(1) (g) and (h) means that if one was elected to Parliament on a party ticket and joins another party or becomes Independent, he/she cannot be validly nominated for election to the next Parliament on the ticket of that latter party or as an Independent unless they, at the time of nomination, resigned or vacated their seat in Parliament, though such a member is deemed to have vacated his seat in Parliament upon participating in party primaries other than for the party or grouping under which he was elected. … if an Independent Member of Parliament fails to vacate or resign from Parliament under Article 83 (1) (h), he or she cannot be validly nominated on a political party ticket for election to the next Parliament,….” But feeling aggrieved, the learned Attorney General appealed against that ruling of the Constitutional Court to the Supreme Court on the following grounds: “(1)That the learned Justices of the Constitutional Court erred in Law and in fact in interpreting Article 83(1) (g) and (h) as nullifying the nomination of Members of Parliament who failed to resign or vacate their seats under the said Article; (2) That the learned Justices of the Constitutional Court erred in Law and in fact in holding that Article 83(1) (g) and (h) means that if one was elected to Parliament 26 August House: June 2014 on a party ticket and joins another party or becomes independent he/she cannot be validly nominated for election to the next Parliament on the ticket of that latter party or as an independent unless he or she has, at the time of nomination, resigned or vacated the seat in Parliament, while at the same time holding that Mr. William Oketcho was deemed to have vacated his seat in Parliament upon participating in the NRM party primaries; and (3) That the learned Justices of the Constitutional Court erred in Law and fact in holding that if an Independent Member of Parliament fails to vacate or resign from Parliament under Article 83 (1) (h), he or she cannot be validly nominated on a political party ticket for election to the next Parliament, while at the same time declaring that Mr. William Oketcho ceased to be a Member of Parliament and vacated his seat in Parliament upon joining the NRM party in or around August 2010.” In deciding the appeal, the Supreme Court bore in mind the principles of constitutional interpretation, namely: The generous and purposive rule of interpretation which entails a broad, liberal and purposive interpretive approach. This approach aims at giving effect to the purpose of the article or provision under construction. They further reflected on the rule of harmonisation, which entails reading the entire Constitution as a whole with no provision affecting but sustaining each other. “nomination of the offending MP for election in the next parliament was invalid, null and void ab initio.” And lastly, they bore in mind all provisions concerning how an issue should be considered to give effect to the purpose of the instrument under construction. On the question of what happens where such an MP resists vacating or disputes vacation of his or her seat in Parliament, the court held thus: “Article 86 (1) (a) of the Constitution and Section 86 (3) of the Parliamentary Elections Act could be invoked for determination by a competent court of the question whether the seat of the offending MP in parliament has fallen vacant.” With the above principles in mind, the Supreme Court held thus: “… the spirit of Article 83 (1) (g) and (h) and the intention of its framers was that any person who violates it automatically loses his or her seat in Parliament for the simple reason that the MP’s integrity and wishes of the electorate need to be instilled and protected by subjecting the offending MP to facing the electorate in a by-election, if he or she wishes to regain his or her seat in Parliament on that other party’s ticket or as an independent, as the case may be, or to seek election to the next parliament.” The above notwithstanding, the Supreme Court hastened to point out thus: “… the spirit of the article and the intention of its framers were not to deny such an offending MP the right to seek re-election to regain his or her seat or election to the next parliament after loss of his or her seat in parliament under the article.” The Supreme Court observed that there was no justification at all for the Constitutional Court to read into the said article, the words, A casual reading of both provisions of the law reveals that the competent court in this regard is the High Court and the Attorney General has the locus standi to petition it for such a determination. For the cited reasons, the Supreme Court found merit in the appeal and as an inevitable consequence, overturned the decision of the Constitutional Court as regards invalidating the subsequent nomination. But that is not the only constitutional dilemma Members of Parliament and other politicians are facing. The Supreme Court is currently handling an appeal as to what happens when a Member of Parliament is dismissed from the political party on whose ticket they joined Parliament. Does this situation fall within the confines of Article 83 (1) (g) and (h)? We wait to read the Verdict. AH August House: June 2014 27 ‘Meet regularly,’ Govt., Opposition Whips advised By Mohammed Katamba T he Forum of Parliamentary Committee Chairpersons, has recommended regular weekly meetings between the Government Chief Whip and Chief Opposition Whip intended to “harmonize matters before the House.” 28 August House: June 2014 This was one of the several recommendations made at the end of a retreat for the Forum of Parliamentary Committee Chairpersons, Deputy Chairpersons and Committee Support staff, which was held in Entebbe at the end of March, 2014. The Committee leadership made wide ranging recommendations intended to improve the performance of both committees and plenary of Parliament. The recommendations hinge on Parliament’s collaboration with other parliaments, institutional relationships, capacity building and development. Others include work plans and budgets, committee reporting, foreign travel and Parliament’s relationship with the media. Below are the recommendations: Collaboration with Other Parliaments/ Bodies • External travels of Committees should be harmonized and coordinated by the Office of the Clerk to Parliament. • The Clerk to Parliament shall ensure that all committees are effectively serviced at all times. • The Clerk shall ensure that gifts are made available for all incoming and outgoing delegations. • Relevant committee chairpersons be notified in time of the visiting delegations and be facilitated to receive and host them. • Institute pre-travel briefings for all delegations. • Chairpersons and their deputies should not travel out of the country at the same time when Parliament is sitting. Any exceptions shall be authorized by the Speaker. Institutional Relationships • Government and Opposition Chief Whips should meet weekly to harmonize matters before the House. • The Clerk should follow-up the roll out process of IFMS from the MoFPED to the Budget Office as a measure to strengthen the oversight and accountability function in Parliament. • Streamline relationship in the work of committees and parliamentary fora. Capacity Building and Development • Carry out continuous training for the leadership and members of committees in relevant areas. • The Clerk puts in place a monitoring and evaluation mechanism for training and development of MPs. • Set up a database for training and development. • Develop a training policy for both MPs and staff. Work Plans and Budgets • CPS to facilitate development of committee work plans in tandem with the budget cycle. • CPS in liaison with committees should develop a mechanism to help committees to clear backlog. August House: June 2014 29 • CPS shall consolidate and circulate all annual committee work plans • Circulate all approved committee budgets. Committee Reporting • Standardisation of committee reports for structure, form, style, syntax etc • Institute measures to improve the quality of reports by targeting the Committee Leadership, Members and Staff. • Set structure, relationship, reporting and supervision systems for support staff in committees. • Promote mutual respect between committee staff and Members of Parliament. • Committees to produce quarterly reports against work plans. • Ensure preparation of “legacy” reports by outgoing Chairpersons of Committees. • Committee secretariat be provided with ipads and laptops to develop committee reports while in the field. Institutional Reforms • Rationalise use of office space by deliberately earmarking committee offices • Formalise recognition of outgoing parliamentary leadership. • Innovative ways of enforcing 30 August House: June 2014 attendance be put in place by leadership of Parliament and the committees. • CPS to institute committee performance monitoring and evaluation mechanism. • Establish a fully fledged Protocol Department to serve Parliament better. • Institutionalize periodic interaction between the leadership of Parliament, leadership of committees and the staff through working retreats. • All committee rooms be equipped with recording facilities. Foreign Travel • Interact with Ministry of Foreign Affairs to obtain information relevant to foreign travels. • A meeting to be held with the Ministry of Foreign Affairs to generate a Diplomatic Statement on the position of Uganda on the Anti-Homosexuality Law. • Utilise medical insurance for MPs and staff while on external trips. Relationship with the Media • Consider designating a media liaison officer to every Committee • Reports by committees shall not be published or leaked by MPs and staff until they are presented. • Chairpersons shall inform their members not to address journalists on the tentative recommendations before committees. AH UWOPA comes of age; Grows stronger T he Uganda Women Parliamentarians Association on Friday 16th May 2014 held an Annual General Meeting to assess its performance for the last one year in the areas of fostering the Common Women Legislative Agenda (CWLA) in the 9th Parliament. This meeting was also scheduled to facilitate for the elections of a new Executive Committee, whose tenure will run for two and half years. The Assembly turned into a vital platform to assess UWOPA’s progress and review the commitments made by the women parliamentarians to advocate for better services for the citizens of Uganda and particularly, the women. At the meeting, the members/participants present, unanimously resolved to retain a big number of the current executive members including the Chairperson, Hon. Betty Amongi returning unopposed. Some of the new entrants are the Vice Chairperson, Hon. Harriet Ntabazi Women, Bundibugyo); the Treasurer, Hon. Betty Mbabazi (Women, Rubirizi); the Eastern representative, Hon. Olivia Kabaale Kwagala (Women, Iganga); and the Secretary General, Hon. Sarah Lanyero (Women, Lamwo), among others. Some of the reasons given for the decision August House: June 2014 31 UWOPA also focuses on community monitoring programmes which have facilitated MPs to conduct constituency outreach programmes such as public dialogue, cancer screening, Domestic Violence Act monitoring exercises and media advocacy to retain some of the leadership were that during the current leadership tenure, UWOPA had worked on a number of activities and registered remarkable success. There has been tremendous progress in some areas of the CWLA resulting from intensive advocacy by UWOPA and partners in and outside Parliament. UWOPA has managed to galvanize support within Parliament both among women and male MPs on key gender issues on the floor of Parliament. In addition, a great number of women have stood firm in making gender related amendments to key bills like the Oil and Gas; the Company Bill, the HIV Prevention and Control Bill; and the removal of taxes on key gender commodities like 32 August House: June 2014 family planning contraceptives, diapers, kerosene and Mama Kits among others. Additionally, UWOPA has closely followed the implementation of the Rules of Procedure of Parliament, which guarantee 40% representation of women in committee leaderships. This has enabled Parliament to have a current representation of 43% of women in leadership of parliamentary committees. Furthermore, in the bid to build the capacity of women parliamentarians, UWOPA has groomed the women for positions of Committee Chairpersons and encouraged them to work hard to ensure that they excel and are able to open more doors for other women. UWOPA has also been fundamental in engendering the parliamentary structures by pushing for the establishment of a breastfeeding facility to facilitate the work of young female MPS. UWOPA also focuses on community monitoring programs which have facilitated MPs to conduct constituency outreach programmes such as public dialogues, cancer screening, Domestic Violence Act monitoring exercises, media advocacy in different districts and high level engagement meetings which have increasingly influenced public appreciation of prioritizing and putting the gender issues on top of the agenda. During the last three years, UWOPA has utilized its comparative advantage and strategic positioning in Parliament to advance the cause for women in the society; and this has been realized by garnering support from their male counterparts who not only are privileged by the numbers but also positioned better in as far as decision-making is concerned. The Association has also strengthened partnerships and collaborations with different stakeholders namely; the Uganda Police Force, the Office of the Directorate of Prosecution, Ministries and most importantly, the civil society in the fight for Women emancipation and empowerment. and many other volunteers. Over the last two and a half years, UWOPA has continued to carry out exchange visits to bench mark on best practices and learn from other parliaments/institutions on key issues like Gender Responsive Budgeting, factors facilitating and undermining women’s participation in politics and many others. With support from UN Women, UWOPA visited various countries including Rwanda, Ghana, Turkey, India and Tanzania. On Sunday 1st June 2014, a 12 women delegation will visit the Republic of Namibia to foster the learning and sharing process. Because of the unprecedented reputation built, UWOPA attracts students for internship. The office receives several interns, volunteers and researchers from local and international universities/organisations. UWOPA has hosted students from USA, United Kingdom, Finally, the Association is currently working on the Sexual Offences Bill- formerly, a Private Members Bill - (through the ongoing amendment of the Penal Code Act); the amendment of the Evidence Act and Succession Act; and the Marriage and Divorce Bill to capture and incorporate the gender perspectives. UWOPA continues to follow up on the process of passing the Gender Equity Certificate, and the implementation of the gender laws, which have been passed now and in the recent past. UWOPA has also managed to increase its financial base to a tune of Ushs 2 billion through lobbying and fundraising from donors/development partners. The Association currently works with the Population Secretariat, British High Commission, Plan Uganda, Austrian Development Cooperation-GEZA, Irish Aid, Democratic Governance Facility and DIAKONIA. The resource mobilisation process continues to ensure sustainability of the projects and to facilitate the rolling out of these projects to all districts. Social Justice, Peace and Economic Empowerment For All Ugandans! By Betty Iyamuremye Communication and Advocacy Officer UWOPA AH August House: June 2014 33 Bills Passed by the 9th Parliament as at 19th May 2014 DATE PASSED TITLE OF BILL 05/09/11 The Excise Tariff (Amendment) Bill, 2011 06/09/11 The Finance (Amendment) Bill, 2011 07/09/11 07/09/11 09/09/11 The Income Tax (Amendment) Bill, 2011 14/09/11 DATE PASSED TITLE OF BILL 12/03/13 The National Council for Disability (Amendment) Bill, 2010 Stamps (Amendment) Bill, 2011 12/03/13 The Local Government (Amendment) (No.2) Bill, 2010 The Value Added Tax (Amendment) Bill, 2011 10/04/13 The Uganda National Bureau of Standards (Amendment) Bill, 2010 The Supplementary Appropriations Bill, 2011 22/05/13 The Building Control Bill 2012 The Appropriations Bill, 2011 10/07/13 The Anti-Money Laundering Bill, 2009 The Companies Bill, 2009 23/07/13 The National Population Council Bill, 2011 26/04/12 The Prohibition and Prevention of Torture Bill 2010 06/08/13 The Public Order Management Bill, 2011 19/04/12 The Uganda National Meteorological Authority Bill, 2010 21/08/13 The Industrial Property Bill, 2009 17/05/12 The Transfer of Convicted Offenders Bill, 2007 18/09/13 07/08/12 The National Council for Older Persons Bill, 2010 The East African Excise Management (Amendment) Bill, 2013 29/08/12 The Finance Act 2006 (Amendment) Bill, 2012 18/09/13 The Finance Bill, 2013 29/08/12 The Income Tax (Amendment) Bill, 2012 19/09/13 The Income Tax (Amendment) Bill, 2013 30/08/12 The Excise Tariff (Amendment) Bill, 2012 19/09/13 The Value Added Tax (Amendment) Bill, 2013 30/08/12 The Value Added Tax (Amendment) Bill, 2012 19/09/13 The Excise Tariff (Amendment) Bill, 2013 30/08/12 The East African Excise Management (Amendment) Bill, 2012 19/09/13 The Supplementary Appropriation Bill, 2013 20/09/13 The Appropriations Bill, 2013 The Free Zones Bill, 2012 15/09/11 22/03/12 05/09/12 The Uganda Communications Regulatory Authority Bill, 2012 05/12/13 12/12/13 The Higher Education Students Financing Bill, 2013 11/09/12 The Supplementary Appropriation Bill, 2012 18/12/13 The Uganda National Commission for UNESCO Bill, 2012 07/12/12 The Petroleum (Exploration, Development and Production) Bill, 2012. 19/12/13 The Anti-Pornography Bill, 2011 19/12/13 The Chattels Securities Bill, 20/12/13 The Plant Variety Protection Bill, 2010 20/12/13 The Anti-Homosexuality Bill, 2009 13/05/14 The HIV and AIDS Prevention and Control Bill, 2010 06/02/13 The Accountants Bill, 2011 06/02/13 The Geographical Indications Bill, 2008 21/02/13 The Petroleum (Refining, Gas Processing and Conversion, Transportation and Storage) Bill, 2012 THE ROLES OF A MEMBER OF PARLIAMENT LEGISLATIVE ROLE PARLIAMENT OF UGANDA Article 79 of the Constitution stipulates the functions of Parliament:m Article 79(1): Subject to the provisions of the Constitution, Parliament shall have power to make laws on any matter for the peace, order, development and good governance of Uganda. m Article 79(2): Except as provided in this Constitution, no person or body other than Parliament shall have power to make provisions having the force of law in Uganda except under the authority conferred by an Act of Parliament. m Article 79(3) enjoins Parliament to promote democratic governance. THE ROLES OF A MEMBER OF PARLIAMENT OVERSIGHT ROLE PARLIAMENT OF UGANDA m Members of Parliament sit on Parliament’s Sessional, Standing and other committees. The committees scrutinize business referred to them before reporting back to the plenary for debate and adoption. m Members of Parliament also scrutinize government policy and administration through scrutiny of Bills, programmes and projects referred to the committees by Parliament. THE ROLES OF A MEMBER OF PARLIAMENT REPRESENTATIVE ROLE PARLIAMENT OF UGANDA m Members of Parliament represent their constituents’ views in Parliament and also bring to the attention of relevant ministers different matters of national concern through various motions debated in the Plenary. m MPs also address to Members of the Executive (Ministers) questions for reply on the Floor of the House regarding different issues in the country. THE ROLES OF A MEMBER OF PARLIAMENT OVERSIGHT ROLE PARLIAMENT OF UGANDA MPs monitor and bring to the attention of the Executive (Ministers) the misuse of government funds, violations of rule of law and unlawful activities both in their constituencies and in any part of the country at large, and cause the arrest of public officials who embezzle public funds. THE ROLES OF A MEMBER OF PARLIAMENT OVERSIGHT ROLE PARLIAMENT OF UGANDA MPs oversee the implementation of government programmes and projects by following up on funds allocated to them. This is done by monitoring and evaluating the use of funds allocated to all spending agencies to undertake prioritised activities in a given financial year. THE ROLES OF A MEMBER OF PARLIAMENT PASSING THE NATIONAL BUDGET m MPs pass the national budget after a thorough analysis of funds allocated to all sectors by the Ministry of Finance. Parliament examines the proposals made by government and makes recommendations. PARLIAMENT OF UGANDA THE ROLES OF A MEMBER OF PARLIAMENT VETTING PERSONS PARLIAMENT OF UGANDA Parliament vets the appointment of persons nominated by the President under the Constitution or any other enactment. The posts for which the vetting is done include Ministers, Judges, Diplomats and heads of statutory bodies among others. Hon. Cecilia Ogwal bows out of Pan African Parliament with glowing tribute By Mohammed Katamba W hen she stood up to speak – to speak about issues of the traditional family, women rights and public accountability, everyone listened attentively. Her bellowing voice, reverberated in the chamber, (now renamed Dr. Idris Ndele Chamber after the Second Pan-African Parliament (PAP) President who perished in a car accident in 2013), forcing the PAP President, Rt. Hon. Bethel Amadi, to grant her an extra minute to complete her presentation. 36 August House: June 2014 This was the woman; an accountant by profession, who admits she has never practiced, Atim Cecilia Ogwal, who up until March 2014 was the leader of Uganda’s delegation to the PAP. Now, upon reassignment by the Forum for Democratic Change (FDC), she had to give up that role and international position, which she seemed to enjoy and admitted she would miss, to become the Chief Opposition Whip. During her two years as one of Uganda’s representatives, she built a base, so powerful that she influenced outcomes of several elections to various positions at the PAP. When the Ugandan group joined PAP and she was appointed Leader of Delegation, she convinced her colleagues to back the Nigerian legislator, Bethel Amadi to take up the coveted position of Presidency. She took many by surprise when she declared she was leaving PAP, and that March 2014 would be her last appearance in Midrand, South Africa, the seat of the institution. But when it sank in that she had to leave Midrand, her friend, Hon. Awad Hag Ali AHMED (Sudan), the Chairperson of the Eastern Caucus – comprising Kenya, Tanzania, Rwanda, Sudan, Ethiopia, Somalia, Mauritius and Uganda, drafted a Motion, which was accepted and lined up for consideration; to recognise her contribution to the PAP and congratulate her upon her new role as Opposition Whip. Hon. Juliana Azuma-Mensah (Ghana) said she had always admired Ogwal as a lady who would stand up for women. “Having seen and met Hon. Cecilia, I think she is a very strong woman who can take on this position of Chief Whip, whether in the Opposition or in government,” she said. “The government and the Opposition must work together to make sure the business in the Chamber flows very well. Your work is all about mobilizing and looking at (Ogwal), I believe she is a very good mobiliser.” Hon. Christine Mutinta (Zambia) said she had learnt a lot from Ogwal during the period they had worked together. “I have learnt a lot from her in terms of humility, determination and in the way she articulates herself in debates in the House. She is motherly and offered free advice to those that needed it,” she said. “Although I had known her for short time, she certainly quickly became my role model because of her many positive qualities.” Her colleagues, whom she had led for two and half years also spoke positively about her. Hon. Jacqueline Amongin (Uganda) said she got mentorship from Ogwal, and that her appointment meant that both the government and Opposition sides would be whipped by ladies. “She has been a mentor to most of us. As young people when we were growing up, we saw very proactive ladies like Hon. Cecilia Ogwal and there is definitely no reason why you should doubt my being here. It is because of the mentorship of such great people,” said Hon. Jacqueline Amongin (Uganda). The new leader of Uganda’s delegation, Hon. Onyango Kakoba appreciated PAP for accepting the Motion to be moved, the first such a Motion in its 10 years of existence. He said, despite being a member of the Opposition, Cecilia always put her country first while on international assignments. “She was an inspiration (during the Constituent Assembly). It was her contributions that inspired me as a young man then to offer myself to stand (for Parliament in 1996),” he said, adding, “Hon. Ogwal has made herself worthy of recognition and we wish her luck in her new endeavors.” August House: June 2014 37 Hon. Cecilia Ogwal chats with fellow legislators at the Pan-African Parliament Hon. Suad Al-Fatih Al Badawi (Sudan), who called Cecilia ‘my sister,’ appreciated her for setting up a mosque in her constituency despite being a Christian. “She stood very strongly with and for the morals of Africa. Whatever she said was wisdom and I wish her strength, charisma and success in her new job,” said Hon. Al Badawi. “Look at this as a pride of Africa, both men and women to be proud that Cecilia is going to be one of our people – in whatever we say about good governance 38 August House: June 2014 and democracy.” Hon. Ogwal has been the Vice-Chairperson of the Committee on Administration and Financial Evaluation, charged with enforcing accountability at the PAP; and a member of Cooperation, International Relations and Conflict Resolutions. During her tenure, she moved PAP to debate and recognise Uganda upon attaining 50 years of Independence, in a Motion moved by former PAP President, Dr. Ndele, who was later to die in a car crash a few months later. In appreciation, Hon. Ogwal moved a Motion to pay tribute to Dr. Ndele. “For the first time Uganda moved PAP to debate a Motion highlighting its achievements and congratulating us at 50 years of Independence,” she added. She spoke out against dictatorship, appealing to African countries to get rid of dictators and corrupt leaders as the continent embarks on the next fifty years. “As we develop the agenda for 2063, Africa must protect itself and its resources. We must weed out dictators and corrupt leaders, who are enriching themselves,” said Hon. Ogwal. And yet in another debate, she rejected calls by a South African MP urging Parliament of Uganda not to legislate against homosexuality. “We will not promote a culture that dehumanizes African culture. We must pass a resolution condemning homosexuality,” she said. Hon. Ogwal said that PAP appreciated Uganda for its role in stabilizing the region, through its intervention in Somalia, where AMISOM is now an African Union force. In her farewell remarks, Hon. Ogwal appealed to her colleagues to maintain a high standard of performance and to remain united. Uganda’s other representatives are Hon. Jacqueline Amongin, Hon. Elijah Okupa, Hon. Barumba Rusaniya and Hon. Sam Otada. “The (Ugandan delegation) should remain united and cohesive regardless of ideological diversities. I urge them to continue to promote the image of Uganda and to put Uganda above political party politics and personal sentiments,” she said. When the August House crew spoke to her, she sounded upbeat about her new appointment and looked forward to working with colleagues both in the Opposition parties and those on the government side. She said that the position of ‘Whip’ is challenging, where she has to be “practical, reasonable and human” to encourage members to remain accountable. “I am happy that this assignment will bring me closer to parties in the Opposition which I worked with during the period when we were mobilizing the country to adapt multiparty democracy,” she said. “My duty will be to agree with the members on both sides; to agree on issues of national importance that cut across the ideological divide. We must put national interest before individual, party or constituency interests,” she stresses.AH August House: June 2014 39 Kiwanda elected Chair of Commonwealth Parliamentary Human Rights Group By Mohammed Katamba T he Commonwealth Africa Parliamentary Human Rights Group (CAPHRG) has elected Hon. Godfrey Ssuubi Kiwanda as its inaugural Chair, charging him with overseeing various human rights issues in parliaments of Commonwealth countries on the African continent. 40 August House: June 2014 Hon. Kiwanda (NRM), who is also MP for Mityana North, was elected during the ‘Africa Regional Seminar for Members of Parliament on the Role of Parliamentarians in the Promotion and Protection of Human Rights’ held at Mahé, Seychelles March 19 – 21, 2014. At the end of the seminar, legislators emphasised parliament’s primary responsibility of ratifying international human rights treaties, integrating international and regional norms and standards in national legislation and holding governments accountable for the enforcement of laws. As Chair of the CAPHRG, Hon. Kiwanda will help parliaments in the Commonwealth Africa Group comprising 18 countries set up Committees on Human Rights and ensure that legislation approved therein complies with international human rights requirements. “Where there are laws that do not comply with international requirements, I shall point it out and try to see that it is rectified,” said Hon. Kiwanda. “I’ll also ensure that institutions charged with enforcement of human rights remain independent through their funding,” he added. Hon. Kiwanda will serve for a term of two years. Congratulating Hon. Kiwanda, the Ag. Head of Human Rights at the Commonwealth Secretariat, Adv. Karen McKenzie, said, “This new role places upon you the responsibility for leading this group at the critical time of its inception, as it moves to implement the objectives as endorsed in the Mahe Declaration.” The Mahe Declaration contains resolutions by legislators at the Meeting. The legislators noted Parliament’s unique position to influence policies and budgets at the national level, monitor policy implementation programmes at local levels, address the needs and concerns of their constituencies and act as a catalyst in the realization of human rights at all levels. They agreed to take steps to integrate human rights education into curricula at all institutions of learning, and to strengthen it where already in place; to establish parliamentary committees with express responsibility for human rights and fundamental freedoms. In addition, legislators also agreed to ensure that human rights norms and principles are reflected in new laws; addressing gaps in existing legislation where necessary. AH August House: June 2014 41 Dr. Baryomunsi elected President of African Parliamentarians Forum on Population By Mohammed Katamba Former Parliamentary Commissioner, Hon. Dr. Chris Baryomunsi has been elected unopposed as the President of African Parliamentarians Forum on Population and Development. Dr. Baryomunsi (NRM), who is MP for Kinkizi East, was elected during the Forum’s Annual General Assembly held in Abidjan, Cote D’Ivore, March 17 – 20, 2014. The African Parliamentarians Forum on Population and Development is intended to “champion the population and development agenda” in their national parliaments. “Its cardinal duty is to strengthen national parliaments to ensure that they have institutional arrangements to address issues of population and development, through forums 42 August House: June 2014 or statutory committees,” said Dr. Baryomunsi. He said that his election signified recognition of the contribution of Parliament of Uganda in as far as addressing population and development issues is concerned at legislative level. He added that his responsibilities will include advising other parliaments on the need for forums or statutory committees to handle population, health and development issues. Hon. Dr. Baryomunsi, who will serve a three year term, said the Forum will give legislators a strong voice in Africa and will include building capacity of legislators and developing model laws to be recommended for adoption by African countries. The African Parliamentarians Forum on Population and Development is expected to play a key role in discussions to review the International Conference on Population and Development (ICPD) programme of action that comes to an end in 2014 as well as the Millennium Development Goals set for evaluation in 2015. The African Parliamentarians Forum on Population and Development was established in Johannesburg, South Africa in 2012, and includes all African countries in its membership. AH Another 83 offices for MPs in offing By Phillip K. Nabyama D etermined to create a better working environment for MPs, the Parliamentary Commission has contracted M/S Babcon Uganda Limited to renovate the recently acquired Development House building. Formerly occupied by the Ministry of Education and Sports and the Office of the President, the Development House UShs 2,111,411,040 renovation will create 83 offices and two committee rooms. The Parlaiment has been constrained by inadequate office space for MPs. There are currently only 10 committee rooms used by 13 standing and 15 sessional committees and the commission rents offices for about 150 MPs in Bauman House while majority of Members in Parlaiment House share office space. “Parliament is trying to lead by example by getting out of rented premises,” the Sergeant-At-Arms, Mr. Ahmed Kagoye told august House. Mr. Kagoye said that the Commission had met its 20 percent obligatory down payment to the contractor for the works to commence. August House: June 2014 43 Ongoing works atop the East, North and West wings of Parliament Building M/S Babcon beat two other firms to the deal. The scope of works on the five-storey Development House will include partitioning offices, replacing doors and locks, renovating washrooms, tiling some offices, repairing dilapidated areas on walls and ceilings, CCTV, mechanical and electrical installations, including the lift system. Although the renovations were scheduled to be completed in five months from the 25th April 2014 commencement of works, there are concerns that the delay in providing the statutory approval of the drawings by the Ministry of Works, who are the project supervisors, may delay the completion by a couple of months. The August House has also learnt that there are future plans of acquiring Embassy House when the Ministry of Education and Sports acquires its own home in Kyambogo. 44 August House: June 2014 With the acquisition of Embassy House, office space for MPs will be history. However, for now, there are still concerns that the 83 offices created from Development House and 120 from the extra floor being constructed atop the East, North and West wings of Parliament Building may not be sufficient to accommodate all MPS, including the 150 members currently holden at Bauman House. The new offices atop the wings on Parliament Building are anticipated to be completed by August 2014 after about eight months of works by M/S Seyani Brothers and Co. (U) Ltd. “Once works are completed Parliamentary Commission will decide on how to allocate the office space but MPs will take precedence,” Mr Kagoye said AH The Year in Pictures 2013 - 2014 August House: June 2014 45 Malaria Campaign in Pictures 46 August House: June 2014 Katikkiro visits Parliament August House: June 2014 47 Commonwealth Day Schools Debate August House: June 2014 48 West Nile Torch Commmitee Sittings State of the Nation Address 50 August House: June 2014 Commmitees in the Field August House: June 2014 51 Parliament Football Team A PUBLICATION OF THE PARLIAMENT OF UGANDA P. O. BOX 7178 KAMPALA. TEL: +256 414 377 000, +256 414 377 180/1 www.parliament.go.ug @Parliament_Ug facebook.com/parliament of