Conditions for re-opening CBS not in good faith

The government should be advised to re-think its course of action as such repressive measures are futile in the modern communication era with so many alternative communication channels. They are only creating more resentment.

It is a cardinal principle of the rule of law that at any one time the law must be certain and must also be applied equally to all parties. The press has reported a disturbing development in the Mengo/central government power struggle.

The Daily Monitor of January 23 reported that Cabinet had decided to impose 12 conditions for re-opening CBS radio and that if these conditions were not met, then the CBS licence would be withdrawn permanently. I hope this report is wrong because if it is not then capriciousness has become the operating norm for the current government. Ugandans may recall that about 20 weeks ago, CBS was closed with three other radio stations allegedly for their role in the September 11/12 riots in Kampala. The other three stations have, at different intervals, been re-opened without imposition of the same conditions. Does this mean that there is a law for CBS and different laws for other radio stations? The government has not denied the media reports so it is safe to assume that the reports are correct.

Let me examine a few of these conditions and see whether they were made in good faith:

CBS apologises to the government in writing through the Broadcasting Council. If CBS broke some broadcasting regulations, there must be some defined sanctions for a definite offence or infringement. Which offence was committed and is apology one of the prescribed sanctions for it? Who is the aggrieved party in government to whom the apology should be addressed?

That CBS must de-link itself from the institution of the Kabaka? Why? What offence has that institution committed to lose its right to own property (shares) in any investment of its choice?

Relocate from Bulange, Mengo. Why? What has its location got to do with the alleged offence?

Indicate to the government the new site. If CBS is to relocate on orders of the government, surely the onus is on government to find it a location deemed agreeable to government or will government indicate which sites are appropriate?

Abandon manifestations of acts of ethnicity in its broadcasts. Again this must be a general condition to all broadcasters. Unfortunately, I never heard the CBS broadcasts on that day, though I had read threats of action against it long before September 11/12. But what are “manifestations of acts of ethnicity”? Why does the government not specify what exactly it wants to prohibit.

Withdraw suit against the government. This cannot be a condition for opening CBS. This can only be part of a settlement out of court arrived at during negotiations between the aggrieved parties and the legal representative of government, e.g. the Attorney General. Judicial processes cannot be interfered with administratively in this manner.

No featuring of persons consistently breaching the broadcasting standards. Who are these persons? What are the sanctions stipulated for such breaches? Is this condition one of the stipulated sanctions?

Change management; blacklist employees who incited September riots. Does the Broadcasting Council have power to issue such an order? What is the reciprocity of the government? For example, will the government also undertake to blacklist/punish the individuals whose excesses resulted into the death of an unknown number of people not connected to the riots?
These conditions are clearly not made in good faith. The government should be advised to re-think its course of action as such repressive measures are futile in the modern communication era with so many alternative communication channels. They are only creating more resentment.
Mr Ruzindana is FDC’s deputy secretary general, policy and research
a_ruzindana@yahoo.com