Gun violence: The state is guilty

What you need to know:
- Traditionally, the use of force by the State largely rests on the control of arms. Sometimes, it is put as the State machinery. We can argue necessity but why go deep into that philosophical rabbit hole? Hobbes hinged his views on the use of force on the need to control anarchy.
The legendary Thomas Sankara noted, “Without patriotic political education, a soldier is only a potential criminal”. Speaking about criminals and guns, my mind wanders and slides to extend that wisdom to a figure of a “Criminal State.”
Uganda and militarism are inseparable. To refresh your mind a little, Uganda has been at war in one shape or form since 1966. We either fight internally or export the war to some of our neighbours, provoked or unprovoked. The warmongers usually determine the hat to wear.
Traditionally, the use of force by the State largely rests on the control of arms. Sometimes, it is put as the State machinery. We can argue necessity but why go deep into that philosophical rabbit hole? Hobbes hinged his views on the use of force on the need to control anarchy.
He also suggested that the use of force should be limited in nature and in limited circumstances. He defined none to finer details.
Locke and Hobbes include the concept of use of force as part of the social contract theory. They did not imagine the use of arms to force social engagement.
Max Weber observed that it is only the State that should have a monopoly over the use of force but as a tool of State survival. He advocated for the periodical use of violence by the State against citizens for the sovereign state to maintain order.
By the look of things, Max Weber has very good students in Uganda’s hierarchical leadership. I have on several occasions heard some senior army officers referring to themselves as the state. Without fear of contradiction, they are part of the state machinery but share the “criminal liability” of a criminal state.
Acutely missing, is the analysis of the criminal state and the guilt it bears for its acts or omissions that extend and exert more violence on the population.
The Institute of State Effectiveness highlights 10 functions of the State. These are; Governance, Market Engagement, Security, Infrastructure, Rule of Law, Human Capital, Public Financial Management, Citizen Engagement, Asset Management and Disaster Resilience.
I will not go into the details of these functions but a proper, sensible and effective State ought to be performing above average in all the functions. Independently, you are at liberty to evaluate Uganda as a State.
I will not bore you further. As earlier said, gun violence has been on the rise and there is no indication it is about to slow down. The State is guilty in all cases based on the following reasons.
By Ugandan law, the use of arms is a preserve of the State, which of course has been extended to the State licensing of private security companies or private individuals to hold firearms. However, guns (ownership and display) are not a guarantee of security. We now know that we are less secure with guns around us.
In addition, for every case not solved, the guilty one is the State, because the State is resourced just to bring the criminals to book. For every gun that is used, the presumption is that it belongs to the State or it was the State’s failure that it landed in the wrong hands. The tricky part here is expecting a criminal to catch a criminal.
The State is also guilty for all other reasons that are systemic and systematic like the poor welfare of armed men and women which explain the occurrence of some cases of gun violence.
The State is even more guilty when it maintains the modus operandi as though nothing is happening. We are too tired of performative statements from the State that follow that aftermath of a particular case of gun violence.
In the Lord of Chaos, Robert Jordan noted that, “One more dance along the razor’s edge finished. Almost dead yesterday, maybe dead tomorrow, but alive, gloriously alive, today.” This applies to all of us amidst guns in a criminal state. No one is safe. We only assume we are.
In all cases of gun violence, the State is guilty. It can only prove itself innocent by taking its functions seriously.
Ivan Bwowe, Lawyer [email protected]