Buganda Vs Central government: The never ending dispute

The protracted disputes between the Mengo establishment and the Central government that can be traced as far back as the early 1960s have lately culminated in a series of meetings and negotiations between the two institutions.
The Mengo establishment has remained consistent on its demands. The kingdom among other things, wants the return of 9,000 square miles of land it insists belongs to her, granting of a federo system of governance and clearing of a Shs18 billion debt that accrued as a result of government renting Mengo’s properties.

The September 2009 riots that were sparked off after the government blocked the Kabaka from visiting his subjects in Kayunga were a climax of the dispute between the two institutions.

At the time, President Museveni aired out his frustration, revealing that Kabaka Ronald Muwenda Mutebi had declined to pick nor return his phone calls for two years. While the Mengo establishment indicated that it lacked faith in the dialogues that were proposed by the central government.

Though the two leaders met, not much came out and the dispute and public exchanges over issues they disagreed on continued. The talks seemingly collapsed and the President resorted to dialogue with MPs and opinion leaders in the ruling NRM party from Buganda.

There have been a number of committees pushing for talks between Mengo and the central government with Prof. Gilbert Bukenya, the former Vice President, Mr Edward Ssekandi, the current Vice President and the Buganda region task force chairperson, Al-hajj Abdu Nadduli, being at the fore but nothing has so far been achieved.

The other team led by the Buganda Parliamentary Caucus, now headed by Mr Godfrey Kiwanda, has held two meetings but the caucus was also divided with opposition MPs claiming they need a clear agenda on the talks.

President Museveni in the first meeting with the Caucus early last month announced a Shs2 billion contribution to Buganda’s cause of reconstructing the burnt Kasubi tombs. In the second meeting held late last month, the President committed himself to clearing Buganda’s debt in installments. In a position paper he presented to MPs, he spelt out his position clearly on Buganda’s demands.
Museveni’s current stand.

Speaking about the genesis of the kingdom’s demands, the Mr Museveni listed 11 areas where he has disagreed with the Buganda kingdom in a letter dated August 1, 2012. In the letter, Mr Museveni criticised Buganda Kingdom as the only cultural institution that has participated and sucked the Kabaka in partisan politics.
“As Uganda was resurrecting from the long night of colonialism and dictatorship, we thought that resurrecting certain aspects of culture such as language and other traditions where possible was important. The traditional institutions could also assist with spreading the message of development.

However, to avoid mistakes of the past, the Constitution specifically provided that traditional institutions should not take part in partisan politics and legislation or administration. This would be a preserve of the people themselves either directly, through referenda or indirectly through their elected leaders. This was the firm basis on which these institutions were restored. Generally almost all the cultural leaders have been careful to adhere to these parameters except in the case of Mengo,” he letter reads in part.

He added; “Certain opportunists in Mengo have begun to repeat old mistakes of dragging the Kabaka into partisan politics, administration, etc. The NRM has firmly rejected this.”

Mr Museveni also stood by his position of no federalism and insisted that there should be an elected Katikkiro to run the regional tier system of governance with the kabaka being the ceremonial head, which is abominable in the ganda culture where it is only the kabaka that is mandated to elect a katikkiro who is handed over ddamula (instruments of power).

“Having an un-elected Katikkiro to run the regional tier is unacceptable because people of Buganda are like other Ugandans. They must elect leaders, who run their administrations, legislate for them. Besides, with an un-elected Katikkiro, whom do you blame when things go wrong?

In the regional tier arrangement as spelt out in the Constitution, the cultural leader would be the ceremonial head of the regional government but an elected leader will run administrations.

The President also explained that Mengo can only be granted a regional tier system of governance and not federo, saying government cannot devolve all the power from the central government to be given to Mengo as he insisted that since the decentralisation, there has been growth in the service delivery in all areas of Uganda.

Although the regional tier arrangement was approved by Parliament in the year 2005, it has not been implemented to date. On the 9000 square miles, Mr Museveni said it became public land after independence which was legally occupied by indigenous people.

Mengo reacts

And in their usual style, Mengo hit back at the President, reminding him of the age of the kingdom vis-a-vis that of Uganda and past presidents. They denied the Mr Museveni’s claims of Mengo engaging in partisan politics, calling it “peddling lies” and assured him that they would not weaver in their demand for a portion of the central government powers.

“But he should remember that Uganda is not going anywhere but Museveni will go. We should pursue all legitimate means of having ebyaffe back. Ugandans should remove Museveni since the talks have failed,” former Mengo deputy spokesperson and now MP for Busiro East Medard Sseggona said.

“We in Mengo work with everybody but NRM wants us to work with them alone. When kabaka held a key to usher in the New Year, this was misinterpreted as him being partisan. We should not politicise most of these things because what we are demanding for are legitimate demands. It is only fair that we are compensated,” Mr Apollo Makubuya, the Mengo Attorney General, said.

So, with this pulling, the back and forth negotiations that seem to be made with half hearts, will the old-age dispute between the State and Mengo establishment be resolved?

The kingdom thinks not much has come out of negotiations held so far and they do not see any tangible resolution coming from any further talks. “One team is headed by Mr Ssekandi which, is yet to take off almost a year after it was instituted. The other is headed by the President and the Buganda Caucus MPs. So we as Mengo are confused which one should be perceived but talks have not yielded much as far as we are concerned. Although we are not about to give up on the struggle for what truly belongs to the Buganda Kingdom,” Mr Makubuya said.

What seems to be killing the spirit of the talks is the mutual mistrust that exists between the two. Makubuya said government is undermining cultural institutions using the divide and rule method while the central government accuses the kingdom of engaging with opposition element to undermine its powers.

“These issues are not at all impossible to return. If government returned our 360square miles how come we have never evicted anyone. All we see are some of our masaza being sold as we negotiate for over 19 years. All this looks like hoodwink,” the attorney general said.

After several meetings, the last held last month, with their party leaders, the Buganda Caucus MPs also seem not satisfied and lost for a way forward.
They then aired out their frustration publicly, calling on the government to release a report on the Kasubi tombs fire and the President to explain why he blocked the kabaka visiting Kayunga.

Mr Lulume Bayiga (Buikwe South) a member of the Buganda Parliamentary Caucus, said: “With the current regime, Buganda will not get the federo and the 9,000 square miles are still at stake. The people of Buganda should, however, maintain the momentum of demand. Buganda should desist from temptation because clear lines were drawn so targeting the President to get these demands is of no consequence,” he said.

But Presidential advisor on Buganda Hajj Nadduli is optimistic that at whatever time it will be, Buganda’s properties will be returned. “Ugandans know that the Buganda question is a thorn in their thigh and since the rest of Ugandans were brought to Buganda by the 1900 agreement, Buganda must be respected.”

“Granting Buganda its demands is a big milestone to the stability of the country in future. Uganda will not give up asking for masazza and magombola,” Hajj Nadduli remarked.

Buganda’s popular demands for self-determination for the last 49 years have been dismissed by the political elite which insists that the answer lies in giving most power to the districts under the regional tier arrangement.

And this relationship between the central government and Mengo has been worsened by the creation of new kingdoms like Banyala in Kayunga district. Buganda, however, argues that its issues must not be looked at in isolation of the rest of the country. Its point is that other African countries like Nigeria, South Africa and Ghana have done a great job in integrating traditional/cultural leaders in the governance of the modern state.

“In Uganda the dominant response to this question has been either to kill (abolish), co-opt or compromise these institutions to a point where they are insignificant or irrelevant. Buganda has resisted all the above and hence the wrong view that there is a Baganda problem!” said Makubuya.

The kingdom has made formal demands and submissions on the federal question in Uganda. Its views were first presented to the Constitutional Review Commission headed Justice Benjamin. Odoki and later to another one headed by Prof. Fredrick Ssempebwa. Both Commissions found that federalism was very popular in Buganda and some other parts of the country.

However, in spite of these findings, the government has said it is impossible to adopt a federal system of government. It is often argued that Uganda is too small to be governed on a federal basis and if granted, Buganda special status would be to the detriment of other parts of the country.

Buganda on the other hand argues that it wants a federal system of government – essentially a system entrenched in the constitution that allows for power sharing between the central government and the federal regional government what whatever name called.

It is also demanding for a return of all its expropriated land, assets and payment of arrears. The respect of its territorial boundaries and stopping the policy of creating competing kingdoms within the kingdom.

Mr Makubuya says the real reason the central government is pushing for the regional tier is to enable it reduce the wide coverage of the local government by the centre. It seeks to establish the regional government not to address Buganda’s concerns for self determination and federalism , but in order “ to create an efficient system of service delivery through decentralisation”.

To solve the dispute, the kingdom proposes that government puts in place a transparent National Dialogue Mechanism within which all communities which aspire to the federal system of governance may negotiate and agree upon the re-establishment of a genuine federal system of government.

This mechanism must be set up in such a manner as will inspire the confidence of the Baganda and all communities of Uganda in order to ensure that the issues of governance and natural resource distribution are comprehensively addressed to the satisfaction of all the people of Uganda. Such dialogue ought to be free of intimidation, threats and patronisation.

Government speaks

However, while Buganda officials paint a picture of impossibility, government illustrates optimism, a victory of sort out of its discussions with the kingdom.
Attorney General Fred Ruhindi describes the current relationship between Mengo and the central government as “very positive” and said government is committed to concretising it by addressing some of the outstanding issues such as the property demands that have been voiced by Mengo.

Information minister Mary Karooro Okurut tells Thoughts & Ideas that government is talking to Mengo and is very committed to ensuring that all their demands are solved amicably through dialogue since government’s doors are always open.

“Just recently the President handed over a cheque of Shs2 billion as contribution towards the reconstruction of the burnt Masiro tombs and he has indicated he would clear Mengo …All these are clear indicators that government is positive about Mengo’s demands and indicators that more is yet to come,” Ms Okurut said.

Civil society actor Godber Tumushabe, thinks that the best Buganda should re-negotiate a national conference for Uganda where each group cedes something to Uganda but they should also be certain of what they are getting.

“The mistake Buganda has made is to negotiate with politicians like Obote, Amin and Museveni. These are Presidents and this is transactional politics of I will give you this and you support me.”