Stop political arrests or lose US trade - Obama

Some the employees of a Kampala textile factory producing for Agoa export, at work. PHOTO BY E DOMINIC BUKENYA.

What you need to know:

Warned. The US advised the government to address several human rights concerns if it is to continue doing trade with it.

KAMPALA. The United States government has warned that Uganda risks being kicked out of the Africa Growth Opportunity Act (Agoa) partnership if the government does not stop abusing human rights of its citizens, and harassment and persecution of the Opposition.
“As you know, the African Growth and Opportunity Act (Agoa) requires an annual review of compliance with eligibility criteria for each country. As we approach the Agoa country eligibility review for Uganda for 2017, I wanted to make you aware that the US government has identified some serious concerns related to the government of Uganda’s adherence to certain Agoa criteria,” President Obama’s adviser on trade, Ambassador Michael B.G. Froman, wrote to Uganda’s minister of Trade and Industry, Ms Amelia Kyambadde, on June 17.
Mr Froman is President Obama’s topmost adviser on trade matters and a cabinet member.

Trade eligibility
“Agoa eligibility is based on statutory criteria established by the US Congress that require, among other things, a country to have established or be making continual progress towards establishing political pluralism, the rule of law, and a market-based economy…. Agoa criteria also require that country not to engage in gross violations of internationally recognised human rights.
Mr Froman said the US government will be looking for “concrete progress” in three areas.

“During the upcoming review cycle for Agoa eligibility, we will be looking for concrete progress in the following: Ceasing the harassment and unjustified detention of political Opposition leaders and supporters; allowing peaceful political dissent and public discourse about human rights…; ending the harassment, unwarranted arrest and intimidation of journalists reporting on Opposition activities,” Mr Froman further told Ms Kyambadde in a letter headed “Executive Office of the President, the United States Trade Representative.”
The letter is copied to President Museveni’s senior adviser on Agoa and trade, Ms Susan Muhwezi and Foreign Affairs minister, Mr Sam Kutesa.

Minister of Trade and Industry, Ms Amelia Kyambadde (L) and Mr Michael B.G. Froman, President Obama’s topmost adviser on trade matters and a cabinet member.

Mr Froman also referred to earlier interactions the US government had with the government of Uganda.
“In February, we informed your government of certain concerns regarding restrictions on the exercise of freedom of peaceful assembly and expression,” he wrote. “Since then, there have been additional actions – particularly during the period surrounding Uganda’s national elections – that raise additional questions regarding Uganda’s commitment to the rule of law, political pluralism, the right to due process and a fair trial, and freedom of association and expression, which are key elements of Agoa eligibility.”
If Uganda is to remain eligible for the Agoa initiative, Mr Froman urged the government to “engage the US Government and Ambassador [Deborah] Malac to address the concerns expressed in this letter.”

Opposition leader Dr Kizza Besigye, the runner-up in the February 18 presidential elections, has since been arrested and or detained on several occasions for political reasons. He is currently on trial for treason and several other separate charges related to Opposition activities.
On some occasions Dr Besigye has been arrested together with top leaders of his Forum for Democratic Change party. Nakawa MP Michael Kabaziguruka is in prison on treason charges and being tried before the Military Court Martial. Another Opposition official of Uganda Peoples Congress (UPC), Mr David Oola Odiya, is also detained in Gulu on treason charges.

Recently, police – using cattle-herding sticks – beat up Dr Besigye’s supporters who were following him to his home in Kasangati upon his release on bail by court and when he was heading to his party headquarters in Najjanankumbi on July 12 and July 13, respectively. The police brutality has since attracted the wrath of the general public and Parliament on Thursday convened a special session to discuss the matter.
Several police commanders and senior officers implicated in the brutality were this week taken to the police disciplinary court and charged with using excessive force.
Attempts to reach Ms Kyambadde for a comment were futile as she did not answer calls to her cellular phone.
Agoa was signed into law by former US President Bill Clinton in 2000 to support the industrialisation and export efforts of poor countries by allowing more than 6,000 different products from these countries access to the US market tax and quota-free.

Uganda is one of the 38 African countries in Agoa. The benefits accruing to the country from the initiative have, however, steadily declined over the years. The Ministry of Trade and Industry figures show that Uganda’s earnings from the trade have declined from $3.31m (about Shs11b) in 2010 to $1.15m (about Shs3.8b) in 2014.
In contrast, neighbouring Kenya has hugely benefited from Agoa. Out of the $356,248,000 (about Shs1.2 trillion) worth of goods the five East African Community countries exported to the US under the programme, Kenya accounted for 96 per cent, followed by Tanzania at 3 per cent. Uganda contributed a paltry 0.4 percent of that figure, while Rwanda earned 0.2 per cent and Burundi reaped nothing.

Government responds

Minister for Information and ICT, Mr Frank Tumwebaze

The Minister for Information and ICT, Mr Frank Tumwebaze, said the Uganda government will not be bothered by the US statements, which he dismissed as subjective judgments.
“Our trade engagements with partners – US inclusive, will always be guided by principles of mutual benefit and respect. They can never be guided by their own perceptions about us that are largely informed by their own subjective judgments. We have rejected before, and we continue to reject, their wrong narratives about Uganda’s democracy.
As a country, we are able to differentiate between deceptive rhetoric as contained in their letter you are referring to, and real democracy.

The democratic gains we have made as a country since we promulgated our Constitution in 1995, have not come to be because US tells us what to do and how to do it, but rather due to our democratic commitments and beliefs pursued consistently over time without veering off. We shall not accept their prescription of anarchy and lawlessness to mean democratic rights. We reject that. Neither does US accept it on their own land.

There is nothing we do here different from what they do back home. In fact, they are more restrictive. Yes, we listen to what our friends and partners say, but we decide and define ourselves.
Unfortunately, their narratives are wrong and based on subjective opinions of our adversaries. No Opposition leaders are harassed. Being in Opposition doesn’t mean promoting lawlessness and irresponsible behaviour. Nobody supports harassment of journalists on account of authoring Opposition stories. If that was the case, most journalists in Uganda would be in prison since almost on a daily basis, government suffers bad press.

If there are any cases of harassment of any journalist, they are isolated and have not been covered up. The harassment perpetuators are never protected. I know of a one DPC, (Joram) Mwesigye of Old Kampala (police station) who is on suspension and on trial in court for assaulting a journalist.
Trade without principles of mutual respect is no trade. We received similar threats when we passed the Anti-Homosexuality law. I hope our partners will once learn to draw a line of distinction between trade and their perceptions about others. America, for instance, trades with China, yet I am not sure whether their perceptions about each other are all that in agreement. They trade even out of that political diversity.”