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Kasese and Bundibugyo have lately been a host of attacks, which the government has labeled as ethnic, this report explores all the aspects of ethnic wrangles happening in the region
Оригинальное название
REPORT OF THE COMMITTEE ON DEFENCE AND INTERNAL AFFAIRS ON THE ETHNIC TENSIONS IN THE RWENZORI SUB-REGION
Kasese and Bundibugyo have lately been a host of attacks, which the government has labeled as ethnic, this report explores all the aspects of ethnic wrangles happening in the region
Kasese and Bundibugyo have lately been a host of attacks, which the government has labeled as ethnic, this report explores all the aspects of ethnic wrangles happening in the region
DRAFT REPORT OF THE COMMITTEE ON DEFENCE AND INTERNAL
AFFAIRS ON THE ETHNIC TENSIONS IN THE RWENZORI SUB-REGION July 2013 1 | P a g e 1.0 INTRODUCTION On Thursday, 12 July 2012, a matter of national importance in respect of the security of the people of the Rwenzori region and the Rwenzururu Kingdom in particular was raised in the House by Hon. Nzoghu William (FDC, Busongora County North, Kasese). He specifcally cited the fracas betweenpitting the Bakonzo andagainst the Bamba during the celebrations of the 50 years of the Rwenzururu Freedom Day that took place on 30 th June 2012 in Bundibugyo. He further noted other social disturbances in Kasese largely caused by pronouncements made by the cultural leader of the Basongora who specifcally agitated for the total ban of any form of expression and practice of the Rwenzururu culture in 20 sub- counties of Kasese district. This matter was referred to the Parliamentary Committee on Defence and Internal Afairs for further scrutiny. The Committee considered this matter and hereby reports back. 2.0 BACKGROUND TO THE FLARING OF ETHNIC TENSIONS IN THE RWENZORI SUB REGION IN JUNE 2012 On June 30 2012, His Highness the Omusinga of the Obusinga Bwa RwenzururuKing Charles Wesley Mumbere of the Rwenzururu Kingdom visited Bundibugyo District as part of the events to commemorate 50 years of the Rwenzururu Freedom Day 1 during which he inter-alia inaugurated a Royal Shrine and hoisted a Flag at Kirindi Village in Bwamba County. Just hours after he left, clashes between the Bakonzo 1 Rwenzururu Kingdom was established in the 1962 as the result of a secessionist movement by the Bakonzo people in the Rwenzori region of western ganda! "he revolt was led by #umbere$s father% &saya #ukirane% who was recognized as the region$s king! 2 | P a g e and Baamba-Babwisi communities fared, as the latter argued that they are not part of the Rwenzururu Kingdom. This left one person dead and hundreds of Bakonzo displaced. A month later, on July 1 2012, the Basongora community, one of the minority ethnic groupstribes in Kasese District installed their own cultural leader, Ivan Rwigi IV Kabumba Agutamba Bwebale Rutakirwa and efectively renounced allegiance to the Obusinga bwa Rwenzururu on the grounds that there was a distinct dichotomy in cultures and norms between them and the Bakonzo. This resulted into further inter- ethnictribal clashes. Further on July 30 2012, a section of the Batuku ethnic grouptribe in Ntoroko District allegedly wrote to H.E President Yoweri Museveni banning the visits of both the KingOmukma Oyo of Tooro and of King Omusinga Charles Mumbere of Rwenzururu in their area. On August 3 2012, the Banyabindi, one of the ethnic groups minority tribes in Kasese District secretly installed their cultural leader, Isebantu Elisa Mugisa Entare ya Banyabindi. They now want the government to recognise their King. At the same time, the Bamba ethnic group in Bundibugyo were in the process of installing their own cultural leader-the Omudingya of Bwamba. It is therefore clear that this upsurge in micro-nationalism and ethno- centricism is a potential recipe for deeper divisions and confict which would inevitably cause insecurity and the disruption of the peoples livelihoods. It is against this background that the Committee delved into 3 | P a g e its investigations of the matter of ethnic tensions in the Rwenzori sub- region. 3.0 TERMS OF REFERENCE OF THE COMMITTEE The following were the Terms of Reference of the Committee; 1.Investigate the possible underlying causes of the ethnic tensions in the Rwenzori sub-region; 2.Examine the efcacy of the steps so far taken by Government to ameliorate these ethnic tensions; 3.Explore possible remedial measures that can be taken to mitigate this confict and enhance harmony among the warring factions. 4.Do anyother thing incidental to the above 4.0 METHODOLOGY In the execution of its mandate, the Committee; i). Held meetings with the following; a)The Honourable Members of Parliament from the Rwenzori sub region; 1.Hon. Kafuda Boaz- Busongora South 2.Hon. Nzoghu William- Busongora North 3.Hon. Mbahimba James- Kasese Municipality 4.Hon. Bwambale Bihande- MP Bukonzo East 5.Hon. Ntabazi Harriet- Woman Representative Bundibugyo 6.Hon. Matte Joseph-Bughendera County 4 | P a g e b)Hon. Kamanda Cos Bataringaya-MP Bwamba County and State Minister for Primary Education c) Hon. Ruhakana Rugunda the Minister of Health d)Hon. Kiyonga Chrispus Walter Bazarrabusa-MP Bukonzo County West and The Minister of Defence- e) The Obusinga bwa Rwenzururu f) The Obudhingiya bwa Bamba-Babwisi ii). Reviewed the following documents a)Joint Petition of the indigenous ethnic communities of Kasese district to the Parliamentary Committee on Public Service and Local Government demanding for a separate district-29 th August 2012; b)Resettlement of Basongora from the Queen Elizabeth National Park: A report of the Government technical team 25 th March 2008; c)Press release by the Obusinga bwa Rwenzururu titled on the installation of the King of the so called Basongora; 3 rd July 2012; d)Memorandum of the Banyabindi community of Kasese district addressed to the Rt. Hon. Apollo Nsibambi the then Prime Minister in regard to the recognition of Obusinga bwa Rwenzururu; 2 nd April 2008 e)Memorandum from Rwenzururu ex-freedomn fghters view on Busongora district proposal; 26 th July 2011 5 | P a g e f)Views of the Banyabindi cultural and development trust on the creation of a new district in Kasese-28 th May 2009 g)Grave Concerns of the Banyabindi indigenous community of Kasese district; 1 st October 2010 h)Memorandum of the Basongora/Banyabindi communities of Kasese district addressed to Hon. Maj. General Kahinda Otafire, the then Minister of Local Government requesting for a district; 8 th October 2006; i)Memorandum of the Banyabindi Cultural Trust submitted to the Constitutional review commission; 14 th November 2002 j)Memorandum by the Banyabindi cultural and development trust presented to H.E Gen. Yoweri Kaguta Museveni; 19 th July 2006 k)Ministerial Statement on Resettlement of Basonogora out of Queen Elizabeth national Park;, September 19 th 2007; l)Letter by Muzamilu Kigeri Bisanga-District Councillor- Lake Katwe with the subject; Complaint against Kasese District Local Government for Discriminating Exclusion and Marginalization of the indigenous ethnic minorities in the district iii). Fact fnding visits to the Bundibugyo and Kasese districts 5.0 FINDINGS
6 | P a g e 5.1 CONTEXTUALIZING THE ETHNIC TENSIONS IN THE RWENZORI SUB-REGION The Committee notes that while the tensions in the Rwenzori sub region have largely been accorded an ethnic outlook, it is prudent to look beyond the ethno-tribal connotations for a more comprehensive inquestinvestigation. The Committee therefore adopted aa robust and multi-pronged approach to the investigation assessment of the occurrences in the Rwenzori sub-region stretchingregion stretching from the land question, creation of new districts, livelihoods, population, contestations over recently discovered natural resources and political infuences amongst others. 5.2 THE LAND QUESTION, VARIATIONS IN LIVELIHOODS AND ITS RAMIFICATIONS The question therefore is how comes these communities that have lived together symbiotically for over 200 years are now at each others throats. Is the confict therefore indeed a social one or the struggle for limited resources has led locals to retreat to the vestiges of identity? The Committee recognizes that there is indeed an escalation in the struggle for the ownership and/or acquisition of land in the Rwenzori sub-region coupled with a resultant competitive variation in socio- economic activities between amongst the various ethnicsocial groups in the sub-region. The Committee established that about two thirds of the geographical area of Kasese district is gazetted National Game Park, Mountain 7 | P a g e Rwenzori or water bodyies and several other government institutions. This leaves only about one third of the land is available for agriculture and farming and other livelihoods.; The available one third of productive land is occupied today by over 750,000 people squeezed in an area of about 1,000 square kilometres. Within this area there are cultivators, nomadic herdsmen and traders competing for this inelastic space.; The Basongora being predominantly cattle keepers requireneed more land than the Bakonzo and the Banyabindi who are predominantly cultivators. It should be borne in mind that over historical times and geographical space cattle keepers and cultivators hardly co-exist on the same land.; The pressure on land escalated in the mid 1990s when the boundaries of the Queen Elizabeth National Game Park were re-opened and the government became stricter on the protection of gazetted conservationprotected areas. This prompted Government to set up an inter-ministerial committee which according to some legislators from the region; unfortunately bore a preconceived idea that the Basongora had historically been marginalized and therefore this presented an opportunity for redress. The Committee noted that indeed if the creation of Queen Elizabeth National Game Park had deprived the Basongora of grazing land, then likewise the creation of Kibaale National Game Park too had deprived the Bakonzo of land. In the circumstances therefore, the question of lending preferential treatment to one group in the name of redress would not ideally sufce. 8 | P a g e At a public hearing in Nyakatonzi sub County, Kasese district, Tthe Committee further was was further informed that in a bid to avail more land to the locals, the redistribution of land hitherto belonging to Mobuku Irrigation farm was done. However the process was marred with injustice because while 4 acres were being given to each cattle keepers, 1 acre was being given to each cultivators. This precipitated further marginalization and resentment. The situation in Bundibugyo is not any diferent. It is estimated that Wwith an average population growth rate of 4% which is higher than the national population growth rate of 3.2%, Bundibugyos population grew from 158,000 in 2002 to 217,500 in 2010. Given the inelastic nature of land, population pressure is indeed a reality. This position is corroborated by Hon. Dr. Ruhakana Rugunda, who in June 2012 was designated by H.E President Yoweri Museveni to explore modalities of difusing the ethnic tensions in the area. During a meeting with the Committee on 29 th January 2013, he informed the Committee that the increased pressure on land especially in Bundibugyo district can be traced to the Rwenzururu confict and its ramifcations. At the height of the struggle by the Rwenzururu Movement, many inhabitants of the highlands of Bundibugyo, where the confict was mainly raging, descended to settle in the relatively safer low lands. They acquired land and engaged in commerce and many prospered. Overtime, this generated a lot of resentment from the sections of the Communities that had traditionally occupied the low-land areas of Bundibugyo.; 5.3 INCOME AND ECONOMIC DISPARITIES: 9 | P a g e The Committee was informed that the increasing prosperity of the migrants from the highlands who had now settled in the low-lands precipitated some resentment from the original inhabitants of the low- lands. This was exacerbated by the increasing dominance of the migrants in political matters especially in Bundibugyo town.; This perception, in the view of the Committee, is largely responsible for the increasing ethno-cultural fragmentation and resultant resentment against the Obusinga bwa Rwenzururu. The various ethnic groups have retreated to cultural identities to buttress their grip on what they hold in their possession. This could partially explain why asthe much as the ancestral home of the Omusinga Wesley Mumbere is Bundibugyo where the contentious shrine in commemoration of the 50 th anniversary of the Rwenzururu Freedom Movement was built; there are sections in Bundibugyo who are bitterly opposed to the exercise of his sovereignty in the area. The Committee further noted that the visit of the Omusinga of the Rwenzururu to Bundibugyo which appeared to have taken place without adequate consultation sharply escalated resentment from some sections of the populace in Bundibugyo that had overtime been resentful towards the Obusinga bwa Rwenzururu. It should be borne in mind that this visit was intrinsically related to the erection of the shrine in Bundibugyo. 5.4 THE BASONGORA QUESTION In the course of this inquiry, the Committee encountered the debate as to whteher indeed the Basongora are a tribe or simply a clan of the Bakonzo. The Committee was informed that there is indeed a clan among 10 | P a g e the Bakonzo called the Basongora whose totem sign is the grass hopper. There was a paramount chief in that area called Musongera and that place was named after him. There is no tribe in Uganda called the Basongora. However the present day Basongora in question is actually Bahuma who are called the Batuku in Bundibugyo and the Hema in Boga Zaire and the Hima in Ankole. The tribe called Basongora is a creature of the 1995 constitution. In 1999, some Ugandan civilians followed the UPDF into the Democratic Republic of Congo (DRC) to cultivate and they occupied land in Virunga National Park. In that same period, the Basongora also moved to DRC Virunga National Park to graze their cows. When Congo gained relative stability, the Ugandans were expelled. The Cattle keepers inevitably had to come back to Uganda. But when they returned, they demanded for land. That is why government reallocated land from the cultivators in Bukangara and Rwehingo villages of Bukonzo West, Kasese district to the cattle keepers leading to a court case 2 that was won by the cultivators in April 2012 and government is supposed to compensate them over UGXgshs. 300m. (Refer to the judgement by Justice Alfonse Chigamoy Owiny-Dollo on 25 th April 2012 on civil suit No. 010 of 2009 that pitted Mrs. Lozio Masika Beatrice, Mr. Mwigha Ezekiel, Mr. Ibrahim Kitalimire, Mr. Byakatonda Paul and Mr. Thembo Joseph as plaintifs against the Attorney General of Uganda) The land problem continues to sow confict among the Bakonzo and Basongora. The victory in Court does not sort out the lack of land for the Basongora. 2 Civil suit No. 010 of 2009 in the High Court of Ugana at !ort Portal 11 | P a g e 5.5 THE CREATIONPROLIFERATION OF NEW DISTRICTS IN THE RWENZORI SUB-REGION The creationproliferation of new districts that has sub-divided the area into ethnictribal territories. The Creation of Ntoroko was largely viewed as demarcating geographical territory for the Batuku, Bundibugyo is largely a Bbamba-Babwisi area, while in Kasese, the Basongora and other ethnic groups continue to demandclamour for a districts of their own. The demands for Bughendera district can be traced to the creation of Bughendera county as a result of the need for Bakonzo representation in Parliament too. Initially Bundibugyo had just one county-Bwamba. However the Bakonzo in Bughendera pushed for and attained county status too. The increased polarization of the region on ethnic identities has prompted the Bamba in Bughendera to oppose the granting of district status especially if it is going to assimilate them into the Bakonzo. The Committee notes that the demarcation of districts along ethno-tribal dichotomy is likely to severely fracture social relations in the Rwenzori suib region. With the Rwenzori region already registering several ethnictribal conficts, which have seen the controversial formation of several cultural institutions, having ethnic identities as a basis for districts will exacerbate social instabilityaltercation. 12 | P a g e The Bakonzo in Kasese were demanding for district status because; they felt they were being marginalized as an ethnicity. (To get data on marginalization + inequitable allocation of resources) The argument that the location of social amenities such as schools and roads was premised on the high population density in the lowlands does not sufce because when the Committee met with the local Communities from the highlands they were disillusioned. The formula for the district: Vertical or horizontal Vertical: In the view of the Committee, kingdoms are not bad per-se but should not be based on the territorial factor but rather culture. Pegging identity to territory will undermine patriotism and nationalism. The Committee further notes that the creation of districts in itself is not and will never be a panacea to development. The proliferation of new districts does not in any way create more wealth for people to share. Economic emancipation and empowerment of Ugandans is the ultimate solution to the socio-economic malaise in Uganda today. 5.6 THE ALLURE OF RECENTLY DISCOVERED NATURAL RESOURCES AND THE STRUGGLES OVER LAND THAT COME WITH IT Have an introduction on Kasese and Bundibugyo on the recent mineral discoveries. 13 | P a g e The Committee notes that the recent discovery of petroleum resources and the looming prospect of further valuable mineral discoveries in the Albertine region has exacerbated struggles over land. This is because various sections of the community know that ownership over the land on which such natural resources exist or may exist increases their claims over possible future proceeds from such natural resources. There are suspicions that perceived Government preferential treatment of specifc tribal groups like the Basongora is aimed at entrenching claims over land that potentially bears rich natural resources. Such suspicion is a recipe for deep rooted hatred and social unrest if left unheeded to. A case in point is in the eviction of cultivators from over 2000 acres of land in Bukonzo West, Kasese district and the partisan manner in which Government handled it. Whereas it was believed that Governments desire was to acquire land from the respective owners on the basis of willing seller, willing buyer, the Ministerial Statement made by Hon. Hillary Onek on the 19 th September 2007 headed Ministerial Statement on Resettlement of Basongora out of Queen Elizabeth national park is quite insightful and instructive as to the intention of the Government in evicting cultivators from the land in Bukangara and Rwehingo. The salient part of the Statement is that cabinet decided that:- Government had an obligation to address the historical injustices and post independence marginalization of the Basongora The Basongora ancestral lands of Bukangara and Rwehingo totalling to about 25,000 acres be freed and shared between the cultivators and 14 | P a g e pastoralists on a 1:3 ratio as earlier agreed on in 1994. Meaning cultivators get 8,000 acres while pastoralists get 17,000 acres. The preconceived tone of the Ministerial statement exudes favouritism of one group over another. Infact the Ministerial statement is at variance with the Kisamba Mugerwa report which cabinet adopted and implemented. This report recommended the divestiture of parts of certain specifc Government institutional lands in Kasese district which it identifed; none of which for obvious reasons that they were settled on by cultivators included the land in Bukangara and Rwehingo. Indeed it is in the Hon. Onek Ministerial Statement of 2007 that Government categorically declares its decision to displace the cultivator communities from Bukangara and Rwehingo to create space for pastoralists. It is therefore clear that Government had had without any evident justifcation abandoned its earlier position, informed by the Kisamba Mugerwa report, to divest itself of institutional lands to address the Basongora pastoralists issue. Furthermore, while the Hon. Onek Ministerial Statement promised a harmonious and peaceful resettlement process, the very converse took place; and this, to the detriment of the cultivators who were forcefully evicted from lands they claim as their ancestral inheritance. The Committee notes that Government ought to not only be fair but must be fair in its treatment of all citizens regardless of cradle, tribe, religion and all other socio-economic and cultural cleavages. In Bundibugyo the King Oyo attempted to visit Butuku and he was resisted 15 | P a g e 5.7 THE RESPONSIBILITY OR OTHERWISE OF POLITICAL LEADERSHIP The Committee also notes that over time, some politicians from the Rwenzori region have conveniently and sometimes selfshly played along with the socio-economic tensions for political efcacy. Well aware that political leadership is supposed to carry the responsibility of uniting the masses and galvanizing their efort for social transformation, such politicians have deliberately failed to live up to this aspiration. The unfortunate events of 30 th July 2012 in Bundibugyo led to many accusations against some politicians including some Members of this House. It was for instance alleged that the Bundibugyo woman representative Hon. Ntabazi Harriet had used a state owned FM radio channel to fan ill-feelings among some sections of the community. However the Committee met with the area legislators and heard their side of the story. In the interest of cohesion, the Committee deemed it ft to concentrate on remedial measures and not dwell on divisive narratives. It is in this vein that the Committee makes the following recommendations 6.0 RECOMMENDATIONS 6.1 Boosting the quality of livelihoods Most of the Kasese area is in the rain shadow with very little rainfall. A rain shadow is a dry area on the lee back side of a mountainous area. The mountains block the passage of rain-producing weather systems 16 | P a g e casting a "shadow" of dryness behind them. Kasese is in between Mt. Rwenzori and Ankole Karagwe ranges in Kamwenge. It receives the dry winds from Ituri forest and the dry winds from the L. Victoria basin. In addition, Kasese has a number of rivers in its vicinity. These rivers ofer a potential source of water for irrigation and this if harnessed would grossly bolster agricultural productivity and ultimately prop up the livelihoods of the masses. In addition, a deliberate drive to improve the quality of the animals and crops that the locals look rely on would help optimize land use while at the same time boosting productivity. This if carefully and efectively implemented would mean less land is required for higher yields and ultimately higher household incomes. Improvements in livelihoods and productivity will mean that local communities will inculcate livelihoods based synergies regardless of ethnic or tribal cradle. 6.2 The need for Constitutional Clarity in the defnition of traditional leaders and kings: Chapter sixteen of the 1995 Constitution of the Republic of Uganda makes mention of traditional or cultural leaders and kings yet these are intrinsically diferent. A cultural leader may not need a geographical jurisdiction while a king requires one. The constitution needs greater clarity on this matter. The institution of cultural and traditional leaders Act further goes ahead to lump traditional and cultural leaders by defning a traditional or 17 | P a g e cultural leader as a king or similar traditional or cultural leader by whatever name called who derives allegiance from the fact of birth or descent in accordance with the customs, traditions, usage or consent of the people led by the traditional or cultural leader. There is therefore need for clarity over who is a leader and who a king is. Anybody can be a leader. A leader is basically someone who has followers. A king is royalty backed by claim over a people within a defnitive geographical jurisdiction. He is someone who has ultimate authority in a Monarchy. He sits upon a throne, usually holds a sceptre and is honoured above anyone else with titles like, "Your Majesty," and "Your Highness." It is therefore clear that one can be a traditional leader but without claim over territory. In the case of Uganda, this needs to be clarifed in the law. This would go a long way in resolving the friction that stems from the proliferation of cultural and traditional leaders in Uganda today. 6.3 Greater equity in allocation of opportunity as an anti-dote to marginalization: Cognizant to the complaints of marginalization especially by minorities not just in the Rwenzori sub-region but in many other areas of Uganda, the Republic of Uganda should embrace equity as a core guiding principle in the allocation of resources, responsibility and opportunity, in tandem with the National Objectives and Directive Principles of State Policy of the 1995 Constitution of the Republic of Uganda. For a nation that has over 65 indigenous communities as per the third schedule of this very 1995 Constitution, this diversity should be harnessed for national unity through equitable empowerment and 18 | P a g e actual and visible inclusiveness of these diverse peoples in pursuit of national unity and development. It should be borne in mind that teaching patriotism alone is inconsequential. Patriotism is built on national unity and is gained or won from the governed through deliberate interventions to help realise their aspirations and better their lives. Montesquieu-the acclaimed French liberal democracy icon once asserted that a republican government is where all the people have a share in rule. It is therefore incumbent upon the powers that be to not only preach but also practice inclusion in governance. 6.4 The role of leadership in enhancing unity In tandem with the National Objectives and directive Principles of State Policy as espoused in the 1995 Constitution of the Republic of Uganda, there is need for a deliberate efort to promote cohesion of the people. Political leaders particularly have a crucial role to play in harmonizing and uniting the populace. Fanning ethno-tribal and regional divides will only serve to prop up ethno-centricism and micro-nationalism at the expense of Uganda as a Republic. Regardless of cultural variances and allegiances, there is need for the nurturing and maintenance of interactive synergies and cohesion between local communities. CONCLUSION 19 | P a g e