Some work on Uganda

Utilising the faith potential for responsive governance.

A CALL FOR SUSTAINABLE CONSTITUTIONALISM AND RULE OF LAW IN UGANDA BY
A Concern of the National Catholic Commission for Justice and Peace of
the Catholic Bishops of Uganda


1.0 Greetings and Addressee

1.1 To all the people and citizens of Uganda but especially decision makers and in particular the legislative arm of government. We greet you in the name of God the Creator and Father of all, and the Love of Jesus Christ our Liberator and in the unity of the Holy Spirit our Teacher and the Truth.

1.2 Sustainable constitutionalism and rule of law for a participatory promotion of the common good for all is a life-long process that is NOT based on the system of confrontation and battling it out on majority bases. On the contrary it is rather based on the principle of dialogue, mutual respect and mutual trust guided by a spirit of reaching a consensus in view of obtaining the common good for all and not a few.

1.3 In principle, there is an urgent need to shift from the Western colonial and anti-religious mentality and attitude that is geared towards the political / economic system that favours a few and is a major root cause of politics being branded ‘a dirty game’. On the contrary, according to the African understanding and experience, politics and economics are rooted in the African religion, which is God, people, and environmental centered; for religion is the greatest of all means for the establishment of order in the world and for the just and peaceful contentment of all people and environment. That is why Jesus Christ came into the world to liberate humanity and the environment from political or economic enslavement (cfr. Lk. 4: 18-19; Rom. 8: 18-22) to restore the original political and economical order and transform the people into agents of integral development. (cfr.Col.1:13-20)

1.4 The participatory processes that gave birth to the Uganda 1995 Constitution paved a new way, culture and space of understanding and doing clean politics. This is a process that has enabled Ugandans to develop a new system of generating relevant political and economic knowledge and skills which empower politicians, the electorate, civil society and all faithful to participate meaningfully in working together for the common good for all. It should be continuously and maximally utilized. The National Catholic Commission for Justice and Peace of the Catholic Bishop of Uganda, notes with deep concern that that the delayed implementation of the proposed Electoral reforms, accompanied by a continued lack of a political will of the legislators to seriously scrutinize some of the tested Constitutional provisions with gaps, is a deliberate violation of the true principles of democracy in the country.

2.0 The Current Situation:
The principle of Constitutionalism and Rule of Law in Uganda binds all citizens irrespective of status, race, political or any other differences. It is rooted in a set of convinced acceptance of the values that inspire democratic procedures without which the deepest meaning of democracy is lost and its stability compromised (Pontifical council for Justice and Peace, Compendium of the Social Doctrine of the Church, #407). The church is concerned that currently, this conviction and commitment to the common good has been submerged by selfish drives that are pushing some individuals and groups into behaving as if they are above the law. This has resulted into a lot of social disorder that is not only among the electorate but even inside the legislative house.

3.0 Democracy and Rule of Law:
As many sources, like the prominent Arusha Conference on popular participation and the Kampala African Leadership Forum and the Common Wealth, stipulate that democracy and rule of law must be nurtured and promoted towards a living reality. Good governance should embrace democracy, pluralism, political accountability, and efficient administration, rule of law and respect of human, political, civil, social and economic rights. It is Church’s conviction that political representation must have a strong moral dimension which consist in the commitment to share fully in the destiny of the people and seek solutions to social problems other than run away when things turn out to be more than earning allowances. In this perspective, a responsible authority that comes from the people’s power invested in their representatives should be exercised with those virtues that make it possible to put power into practice as service. Such virtues include, among others, patience, modesty, moderation, charity and sharing. However such values are possible only to those who are able to accept the common good and not prestige or the gaining of personal advantages as the true goal of their work (Pontifical council for Justice and Peace, Compendium of the Social Doctrine of the Church, #407)

4.0 The role of Parliamentarians in upholding major principles of Democracy:
We applaud Parliament on all the positive steps undertaken to address many issues of national concerns including, the continuous struggle against corruption. We however note with concern that the foundation and growth of this country entirely depends on strong pillars of the three arms of government. These are the Judiciary, the Executive and Legislative all of which represent a system of democratic governance. It is through them that the ideal good governance, the rule of law and constitutionalism can be realized. Our concern, this time, is not on all the three arms of the government but special attention is on the legislative arm which plays a key role in the law making process. As provided for under Chapter 6 of the Constitution of Uganda the institution of Parliament consists of various members representing specific groups or electoral constituencies. These act as mouth-piece and advocates for the people of the areas they represent. They are supposed to deliberate on key issues and come out with pro-people and pro-development laws through genuine deliberations, debates, compromise and cooperation among themselves as members representing the different constituencies and the different interest groups. This is only possible when the people’s representatives are credible and their presence in the political arena can bring Gospel values to the political process.

5.0 The People’s Power:
5.1 “All Power belongs to the people …” (Constitution of the republic of Uganda, 1995, Chap 1, art.1, (1), (2), (3), & (4)) states the 1995 Uganda National Constitution. This in itself, when understood in context, justifies the fact that demands for democracy are in many cases and should be action oriented. When the people fail to see things happen in accordance with their expectations, they are justified when, at times, they practically make demands in a way of their choice because power belongs to them. For example, in the Philippines, unarmed rosary carrying civilians under the banner, ‘People Power’, demonstrated undeterred by Marcos' military machinery and managed to successfully demand for democratic change. Therefore, members of parliament must always know that they are in parliament by the will and power of the people. This is a reflection of a true democracy of people’s power through representatives and portrays the characteristics of a democratic citizenship which is the backbone upon which true democracy is established. It however needs skilful, honest, responsible and committed members of parliament with the ability to bring about change through mutual agreement for the benefit of the electorate.

5.2 The electorate must be kept informed of the issues of the day by their respective parliamentarians, monitor their performance by talking and sharing with them the concerns of the community. In addition they should task them to explain the progress on some of the key issues affecting the people. The 1995 Constitution of the Republic of Uganda, under the national objectives and Directive Principles of state policy, stipulates that one of the duties of the Member of Parliament, as a citizen of Uganda, is to acquaint him/herself with the provisions of the Constitution and to uphold and defend the constitution and the law.

6.0 Understanding the Role of Parliament
6.1 The electorate and parliamentarians alike should all carefully understand and comprehend to the role of parliament as the supreme legislative body of the land. All people must appreciate its significance by upholding constitutionalism and rule of law. It should as well be seriously noted that a Member of Parliament needs more than academic qualifications. He/she needs the ability to make thoughtful and informed decisions, think critically, communicate effectively with others, and have the capacity and untiring commitment to work with others in a spirit of cooperation. This is often times not reflected amongst some members of parliament when they opt to storm out of parliament at a time when key important decisions affecting the country are being taken and yet such action has never and will never bear good fruits at the end. In any case, the storming out of parliament means abusing the people’s freedom to choose and participate through their representatives.

6.2 We may agree that moving out parliament would be one way of expressing dissatisfaction with the process but, it should be done on a clear principle. For instance when some opposition members of parliament walked out of parliament in protest against the reappointment of the chairman and some members of the Electoral Commission, it was not clear what they exactly protested against. Did they protest against the process of appointment or the individuals who were reappointed? What does the constitution say about the process and the action of the president presenting the commissioners to parliament? If the constitutional provisions were inadequate who then should have looked at them and moved a motion for amendment? It all comes back to parliamentarians and questions their seriousness in carrying out their roles and responsibilities for which they were elected. This is no doubt but a serious betrayal of the people’s faith and trust they have in their representatives. In spite of all resistance we however do not have any incident on record where members of parliament stormed out in protest against increasing their salaries and allowances yet they have on some occasions twisted the Constitution for their own benefit.

7.0 Upholding the Supremacy of the Constitution
7.1 Law makers must always work within the confines of the provisions of the Constitution under which certain duties are discharged not only by parliament but also by other arms of government. In this respect therefore, legislators must know the relevant legal provisions and procedure under which business of parliament is supposed to be discharged. It is a deep desire to have a legislature which handles issues critically and on a principled point of view. All leaders must reflect principled politics and leadership. Mahatma Gandhi once commented that “one of the most prominent blunders of the world is practicing politics without principle”. Members of parliament must know the difference between competition and cooperation. There is no competition in matters pertaining to discharging their duties as people’s representatives, what we need is cooperation in order to achieve the common good. Opposition does NOT at all mean confrontation but alternative ideas and strategies for better interventions for good governance. Therefore, emotions basing on ones political affiliation are contrary to the interests and wishes of the people. Legislators need to be all-embracing when it comes to service.

7.2 While storming out of Parliament could be depicted as bravery, it however has nothing to do with the wishes or views of the people represented. Instead it directly negates the concept of representative democracy in parliament. This calls for educating the voters that they have a constitutional right to recall a member of the legislature. The electorate under Article 84(2b) is empowered to exercise this right to recall and remove a delinquent member of parliament. The more the problems in parliament the more the law makers should stay in the house to amicable discuss and resolve the matter and bring change through constitutional means. What we need is to advocate for quick and timely electoral law reforms. The executive should act in a timely manner and members of parliament should exploit many other means like bringing private members bills instead of waiting for the executive to act.

7.3 We cannot have a sustainable democratic environment unless Ugandans take up their responsibility to own the process. That is what we mean by the power and will of the people as guaranteed under Article 1 of the Constitution. We desire to see constructive debate with a view to identify values and strategies that can assist the country to avoid the constitutional mistakes already identified with our past. This way a culture of constitutionalism and rule of law can be fostered and promoted. We are convinced that majority Ugandans want to see an independent legislature, judiciary and the executive with each complementing the other in form of providing for checks and balances but not coercing each other.

7.4 A strong opposition reflects democracy. The opposition as part of the democratization process must see itself as the alternative government of tomorrow. We can avoid political anarchy if the opposition acts responsibly. A strong and responsible opposition builds towards consensus. It becomes ridiculous if the members of the opposition break the laws which they well know they will apply when they come into power. The opposition must respect the constitution and more so, the sovereignty of the people. In principle we need a multiparty system of parliamentary democracy which can guarantee freedom of expression, assembly, freedom of the press and freedom of participation for all Ugandans but all parties abiding by the law.

8.0 Electoral Reforms
8.1 One of the essential elements of electoral democracy is the establishment and existence of an independent, impartial and autonomous Electoral Commission and, commitment by Government and other players to protect and promote an environment of peace, the rule of law, harmony and civility during the entire electoral exercise. An electoral process that creates room for doubt, in regard to its fairness, poses a lot of danger to the nation. History proves it that mishandling the electoral processes and messing up with people’s votes has continued to cause anarchy in this country since the 80s. Therefore, with the past experience of how the electoral commission has been doing its work, it is obvious that drastic changes in the commission are a must and urgently needed. Without such, the central and cardinal pillars of a democratic society are lost and the culture of constitutionalism and rule of law will remain a dream. We should all know that it is possible to have elections without democracy but it is not possible to have democracy without elections. Although on many occasions the efforts of the opposition to push for a number of reforms have been frustrated and judged as having not used the correct approaches and procedure, it still remains your responsibility as opposition to push for things that must be done in the best way possible through your unreserved prevision of alternative critical thinking, ideas and strategies.

8.2 The history of suffering of Ugandans, as a result of anomalies in the electoral process in the past, must be a good lesson for us all. It should be critically noted that there is a strong desire for electoral reforms, on the part of the people, which the ruling government must give priority. This should be a concrete expression of its political will to support the promotion of sustainable electoral democracy and involvement of all stakeholders in their own governance and development.

8.3 The electoral challenge of conceding defeat is also very crucial to the entire democratic process. There is need to establish an authority, with excellent credentials and sufficient power and resources to effectively arbitrate in this greatest of all political challenges. We must move away from the present unsatisfactory situation whereby, in most cases the electoral Commissioners seem to be political appointees with their independence not adequately guaranteed.

9.0 Conclusion
In conclusion, we retaliate the earlier message in the March 1989 Pastoral letter of the Catholic Bishops of Uganda “Towards a New National Constitution; Guidelines of the Catholic Bishops of Uganda” that we look at Jesus the master who never directly entered the political arena; yet as master and Teacher, denounced the political evils of His time and gave clear directives to His followers and to all people of Good will. He does not flinch from branding Herod “fox” denouncing Him of his bad political leadership (Lk. 13:31-33). He advises His disciples never to act as “pagan rulers” (Lk.22:24-27), cfr. also Lk. 9:47ff; 17:7-10; and warns Pilate not to forget that his power over life or death comes from God (Jn. 19:11). Jesus truly wills a community built on love, solidarity, justice, honesty and peacefulness. At the same time, He teaches us realism, the art of looking for the possible step which, here and now, serves the best on the road towards greater hope. We earnestly call upon the present legislators who are charged with the responsibility of making laws to heed these directives. It is only then that government will work under God’s supremacy and the common good for all be obtained (The Catholic Bishops of Uganda, Towards a New National Constitution, Guidelines of the Catholic Bishops of Uganda, Marianum Press – Kisubi, 1989, pg 22)

May the Lord bless you and keep you. May the Lord let His face shine on you and be gracious to you. May the Lord uncover His face to you and bring you peace [Numbers 6:24 –

Life and Transition

The harmonised draft will indeed require comment both on the drafting style and the content. I have barely glanced through it . Looking at the bill of rights i am particularly struck by the right to Life Section 35 (1) Every person has the right to life (2) A person shall not be arbitrarily deprived of life. The second leaves a window of opportunity for life to to be taken and concrete reasons given as to why it has been taken. If we Kenyans value life then we must clearly state that it must not be taken under any circumstances. if we believe that they are those circumstances that it must be taken then clearly state so. If we want the death penalty abolished then this should be clearly stated.

The section also reminded me that the CoE was struggling with many a "political question" and they have basically thrown the ball back on our court( read Citizens) to Guide them loudly and in a clear and concrete manner on the way forward on such delicate issues.

An attempt on the issues of transition has been made however the Number of Bills that have to be passed under the sixth schedule in order to operationalize the constitution in the next year suggest that our parliament have to pass more bills than the 9 they average per year. This will be a challenge.......

.......... Happy Reading to all

27 days to go.

Reading through the chapters of the proposed constitution,I get the feel that it is going to generate more heat than expected.One wise person said,the devil is in the details and unless we read between and within the lines,we might nod our heads in approval and assume that it is a wisely crafted document.

I am not suggesting that it is a bad document.No,I mean it is good that each of us read and weed out any clause that seems to raise eyebrows or even pick out those areas that might cause controversy and share it out with the rest on the blogspace.I suggest that chapters champions come up(Not locking out the Uganda partners)who shall analyse the draft and shares views widely

Marthin circulate the online form of the draft.

The harmonised draft

It has been twenty years of waiting,praying and hoping for a new constitution.Try to imagine where you were twenty years ago and you will see the dashed hopes and prayers of many brave Kenya,some of whom have gone to the graves without seeing the fruits of their labour and sweat.

But,it is not like the constitution making process was started 20 years ago and then it went for a huge slumber.No,it was fought for and since then,illussions,frustrations have been its major foes.It comes too close yet too far to Kenyans and we hope this time round it not only come to close but it comes to roost.

Three governments,two presidents,billions of shillings,bloodshades,detentions,referundums,elections and 100 days promises have been the clouds that have hoovered over the finding of a new constitution.The cloud seems to have dissipitated and some flicker of light is beggining to emerge and grow,leading the path to a new constitution.

As partners in governance,especially the JPC,CEMIRIDE and radio Waumini, we have put our sweat into it,never throwing in the towel even when it seemed too hard...And now the draft is here. will it see the light of the day? or the same old wolves will grab and munch it? what are your views and suggestions to protect and popularise it through the debating period?

Kenya failed state ranking

FAIL STATE RATING SHOULD BE A WAKE UP CALL FOR KENYA.

Kenya has done well to thrash eight other African countries in the failed states ranking for the 2009.Somalia,Zimbabwe,Sudan,Chad,DRC,the Central Africa Republic,Gunea and Ivory cost are the other only African countries that were considered worst than Kenya. Within the Kenya range are countries such as Iraq, Afganistan, Pakistan and Burma. While this is not very good news, there is a strident
call for Kenya to rethink on the national pride that Kenyans have held for many years. Is Kenya still, or rather has it ever been the peaceful democratic country it swanks of?

The nerve-racking decline of Kenyan state from position 34 in 2006, through position 31 and 26 in 2007 and 2008 respectively, and to position 14 in 2009 demands for urgent measures and it must be done now.

Scholarly and sceptical as many Kenyans are, some will argue that the Fund for peace
is not African or rather Kenyan and thus have a perverted look at issues from the Western world lenses. While this could be true, to some sense, the feeling of the common Kenyan concurs with this rating. What Western lens is it in the corruption cases that are not brought to account? What Western lens is it on the dragging of the
prosecution of those involved in the election violence? Is it a western lens to note that close to two years the displaced people are still in camps? Is it western lens to note the increased insecurity and extrajudicial killings? Is it Western lens to read poverty ravaging people at an alarming rate never witnessed before? What is it about the transactional leadership’s problems, which has entrenched tribalism and chronism.Is that too a western lens?

If we can content that the ranking is based on Western lenses, then we should allow Somalia or Iraq too to refute claims that they are failed states. The ranking which are based on 12 indices around social, ecomonic and political factors are objective and unbiased. Dispassionately speaking, the revelation should shake Kenya from its
drowsiness to the reality.
The basic responsibility of extricating Kenya from this state of affairs falls squarely on our governance.

Policy Brief on Maize in Kenya

Policy brief
Maize shortage a threat to food security in Kenya

Maize is the primary staple food crop in Kenya. It is the most frequently produced and marketed crop, grown by 90 percent of households and sold by more than 30 percent of the households in areas where the crop is grown. Maize dominates all food security considerations. Maize production has, however, been on the decline, reducing from 2.7 million tones in 1995 to 2.1 million tonnes in 2007. Similarly, maize yields have declined over 30 percent over the same period.

The decline in yields is largely attributed to reduced use of certified seed maize, climate change and low and inefficient usage of fertilizers. This means that the future growth in maize production would have to depend mainly on yield gains made possible by widespread use of productivity – enhancing technologies such as use of certified seed maize, fertilizers and agrochemicals. In deed, seed is known to hold a huge potential of increasing on-farm productivity and enhancing food security. It largely influences the upper limit of productivity of all other agricultural inputs applied into the farming system. This not withstanding, Kenya has been experiencing declining use of certified seed maize mainly due to non-availability of high quality seed of sustainable varieties at affordable prices. Majority of maize farmers (about 83 percent) perceive certified seed maize as being generally very expensive.

Maize production was disrupted in key producing areas of the Rift Valley in particular, as farmers were unable to harvest their crops from the 2007 long rains season in a timely fashion after the outbreak of the post election conflict. Heightened pre-and post harvest losses occurred as the National Cereals and Produce Board (NCPB), the main buyer of newly harvested grain, did not purchase maize after the onset of the crisis. The production losses and limited purchasing activity had a significant impact on household food security. Households in the grain basket received low producer prices therefore earning decreased incomes. Households in deficit production areas and urban areas faced reduced food access due to 10 to 20 percent increase in prices.

The price of maize in Kenya is among the highest in Eastern and Southern Africa, the lowest income quartile of the Kenyan population spends 28 percent of its income on maize. The inefficient maize production-marketing system has contributed to economic stagnation and worsening levels of poverty. Increased productivity, more efficient markets, and rational government policies could dramatically alter the economic contribution of the maize sub-sector – from being a drag on the economy to becoming a key element in accelerated growth and poverty reduction.

Following the post election violence that hit the Rift Valley in early 2008, displaced farmers saw access to their land dramatically reduced; high input prices (in particular fertilizer and fuel) forced low income farmers to reduce the surface under cultivation and the use of inputs; erratic rainfall reduced maize yields in Eastern and Northern Kenya. All the above contributed to a marked decline of maize production during the 2008/09 farming season. Current estimates, taking in full considerations the results of the “short rains” planting season are now pointing towards an overall output of 2.1 million tons instead of the 2.6 million tons initially anticipated. Considering current levels of consumption and draw down from stocks (largely in the hands of private traders), an overall deficit of some 190,000 Mt is expected and current stocks should last until May, well before the onset of the new harvest in the middle of July 2009.

At the same time, the Strategic Grain Reserve (SGR) cannot play its institutional role injecting grains in the market as stock was drawn down during the summer in anticipation of a good rain harvest. However, the season was mediocre and the remaining SGR stock was released on to the market in October-November 2008 in a bid to moderate the sharp rising prices. Due to the limited quantities injected and mismanagement/corruption of the operation, no positive effects were observed.
The shortfall of maize combined with very high prices prevailing in the international markets in the first half of the year have pushed the internal price of maize to a very high level, thereby reducing access to food by the most vulnerable section of the population. At the end of 2008, the retail price of maize flour was Ksh 60/Kg or some 50 percent higher than in the same period last year. Wholesale maize prices equally went up some 50 percent from Ksh 1,350 to Ksh. 2,100 – 2,300.

At the end of November, the government took the following measures in order to reduce the market price: reducing maize flour from Ksh.60/kg for middle income citizens and Ksh. 26 for the most vulnerable; the National Cereals and Produce Board was ordered to release at least 27,000 Mt of maize grains to millers for processing with immediate effect. The government increased the Cereals Board of Kenya (CBK) buying price to Ksh 2,300 per bag from Ksh. 1,950 in order to encourage farmers to sell their maize. These measures have not had any significant impact on the retail price of maize flour, which continues to remain very high.

The situation was further complicated by reported poor handling of the Strategic Grain Reserve, of market interventions and decisions on imports. Several sources suggest that big producers and traders are holding on to their stocks in order to create an artificial shortage of maize on the market and keep prices at a high level at the same time they are exporting maize to neighbouring countries.

In January 2009, the president Hon Mwai Kibaki declared the food shortage a national disaster. As a short term measure, the government approved the importation of 900,000 MT (10 million 90Kg bags) duty free maize grains into the country in order to boost supply. This was to be done by both the government and the private sector. The government was to import seven million bags (630,000 Mt) for its Strategic Grain Reserves, while the millers and traders were to import three million bags (270,000 Mt). In addition and in order to keep the local domestic production within the country, exports of maize grain and flour was banned. It is not expected that new imports of maize will reach the country before February/March 2009.

For the time being, the government has indicated that 10 million persons are highly food insecure. This number includes a provisional estimate: (i) of 3.2 million drought affected marginal farmers, agro pastoralists in the arid and semi arid districts of northern and eastern Kenya; (ii) about 150,000 Internally Displaced (IPDs); (iii) 850,000 school children that will be incorporated into an emergency school feeding programme; (iv) 3.5 million urban slum dwellers, and (v) about 2.2 million persons affected by HIV/AIDS, including HIV orphans.
Policy Recommendations

From the foregoing discussions, it seems clear that any reductions by lowering overhead costs, company’s mark-ups or shortening the market chain. Maize prices can also be reduced by addressing non-price constraints influencing pricing of maize. It is, therefore recommended that:
A) Maize millers be restructured to lower overhead costs, shorten distribution chains and lower profit margins.
Reducing dependence on expensive bank overdrafts could substantially reduce overhead costs by about 30 percent while the maize distribution chain can be shortened by elimination of sub-agents level. Millers should also lower their profit mark-up margins from current level to about 15 percent. It is estimated that implementation of these measures could help reduce maize prices by about 15 percent.
B) Review laws and regulations governing the seed sub-sector.
Specifically, the seeds and Plant Varieties Act, Cap 326, should be reviewed and harmonized to accommodate accreditation of private seed inspectors and facilitate self regulation. This should complement the process of seed inspection and certification by KEPHIS. The government should also hasten rationalisation and harmonization of seed regulation within the region to ensure free flow of maize, without compromising quality. This could provide an alternative source of cheap seed, especially if both local and imported continues being expensive.
C) Seed varieties developed by research institutions such as KARI should be made available to all interested parties through simple and transparent bidding systems.
Successful bidders should preferably be granted non-exclusive rights over the varieties but must ensure that the varieties maintain their distinct attributes and quality. The law should also be reviewed to entrench payment of royalties for publicly-funded breeding programmes.
D) Unnecessary bureaucratic procedures in variety release should be removed.
Presently, it takes too long to have the varieties officially released even after the National Variety Release Committee has given its recommendations for official/ formal release. The National Variety Release Committee should be empowered to be officially releasing new varieties.
E) Irrigated seed production should be promoted.
Seed companies and maize research institutions should promote irrigated seed maize production, both in the research sites and seed growing areas, to allow for both distance and time isolation, and for production of seed in less populated and isolated regions.
F) The government should pursue policies that improve the competitiveness of the agricultural sector relative to other sectors through, for example, increasing appropriate productivity-enhancing investment in agriculture such as rural infrastructure and agricultural extension.
G) Accountability and transparency
We also question the ways of channelling public aid to those who are most in need. We fear that the lack of transparency and accountability which has tainted the Kenyan administration for decades is reflected in this matter as well. The intention of a government when it declares a “national disaster” can be a noble one. The ensuing influx of funds, however, also creates new temptations for those who know to turn the system to their personal advantage. We see relief food marked ‘not for sale’ ending up in the shops a practice trend that has to stop.

let your inputs flow,especially on the policy recommendation

POLICY BRIEF
FAMINE & CHRONIC HUNGER IN KENYA

“Famine is, by its very nature, a social phenomenon… [I]t has to be recognised that even when the prime mover in famine is a natural occurrence such as a flood or a drought, what its impact will be on the population will depend on how society is organised.”
(Drèze, J. & Sen, A., 1989)

Natural disasters occur frequently worldwide; only on rare occasions are they associated with famine. Famines are extreme events that generate spontaneous goodwill from churches and charitable organisations. Chronic hunger does not necessarily lead to famine but kills a proportionately larger number of people. However recurrent, we cannot deal with a mighty blaze alone if we forget the slow, smouldering combustion that is eating people day by day.

Though the country is making progress in dealing with malnutrition, one Kenyan out of three is undernourished and the under-five mortality rate is still growing. Chronic hunger is related to poverty and a persistent failure to allow sufficient groups of people to have access and control or ‘entitlements’ over food. Rather than importing food stuffs from other countries, we strongly advocate for egalitarian social and economic development. This is likely to be required for sustained, extensive reductions in chronic hunger.

In tackling the recent famine and prevailing chronic hunger we look upon the State and its institutions in terms of immediate response, coordination, redress and prevention. The economic successes in the tea, horticulture and dairy sector in Kenya have all been attributed to public support and favourable regulations. A 2005 Food and Agriculture Organisation (FAO) report on food-security in Africa mentioned in particular the positive effects of: “…
- the role of the legal and policy framework (land reform, regulatory frameworks, contractual arrangements);
- institutional support through initially public-funded authorities that provide services to producers, and sometimes are used for channelling subsidies (inputs), but which are gradually transferred to producer associations or the private sector; and
- Public infrastructure (for transport of product and export abroad).”

Concentrating on food availability in a country like Kenya does neither identify the real causes of chronic hunger nor of famine. Increasing Kenya’s agricultural productivity alone will, therefore, not solve the problem. Instead, an examination of the social relationships that identifies different groups of people with command and ‘entitlements’ over food is more effective and points at the heart of the matter. It has been said that the top 10 percent households control over 42 percent of the country’s total income, while the bottom 10 percent control less than 1 percent. For every shilling a poor Kenyan earns, a rich Kenyan earns 56 shillings.
Land is often regarded as an important resource in Kenya and can be the origin of inequality and violent disputes. The type of land being held and the way it is being held is important. With over 80% of the population dependent on agriculture, access to arable land is a clear dimension of inequality. While a few landowners own huge tracks of idle land, landless farmers are squatting in fragile forests. Whereas the arid and semi-arid areas remain inappropriately administered, policed or abandoned entirely in spite of their potential viability, public land, eyed as profitable, was allocated illegally or irregularly to the well-connected and often developed subsequently with public funds as well. As a matter of priority, we urge a sustained and firm commitment to develop the marginalized areas of Kenya, in terms of access to water, security and public infrastructure.

A key element in the prevention of famine is the protection and creation of livelihoods, which can in principle be achieved through public action. Public action could reduce chronic hunger through providing jobs, health care, education, access to water and elements of social security. This, obviously, raises questions about a government’s development policies in general, and its actual political will to implement those. We would like to see massive support for the small farmer through improved land tenure security, extension services, irrigation schemes, and access to credit.

Kenya was to develop its Food Insecurity and Vulnerability Information and Mapping System (FIVIMS) since 2002, this has been a challenge to date. We welcome the spirit of openness on the part of the Government, indispensable in creating a collaborative environment in which decisions are to be taken. We see, however, two significant weaknesses in this system: (1) underdeveloped co-ordinating structures at national level, in particular limited government involvement in the existing structures and poor linkages between information and response planning/policy options; and (2) poor linkages within and between levels e.g. from community to district to provincial and national levels. We see the lack of coordination and integration within and between the various structures and institutions as probably the most important constraint in the fight against famine and chronic hunger. We are particularly weary of new and ad hoc departments within government which have been created over the years when ever there is famine and only complicate the prevailing disorientation.

We also question the ways of channelling public aid to those who are most in need. We fear that the lack of accountability and transparency, which has tainted the Kenyan administration for decades, is reflected in this matter as well. The intention of a government when it declares a “national disaster” can be a noble one. The ensuing influx of funds, however, also creates new temptations for those who know to turn the system to their personal advantage. The situation is further complicated by reported poor handling of the Strategic Grain Reserve, of market interventions and decision on imports. Several sources suggest that big producers and traders are holding on to their stocks in order to create an artificial shortage of maize on the market and keep prices at a high level at the same time they are exporting maize to neighbouring countries. We see relief food marked ‘not for sale’ ending up in the shops. To misallocate funds destined for the poor, even through neglect, is a grave sin in the Bible (Luke 16, 19-31).

Public action to prevent famine is most likely to be taken when vulnerable people have been empowered by political movements which establish a governmental obligation to prevent mass starvation. In this regard, we disapprove the tendency, to remove all affirmative action in favour of minorities and marginalized groups.


Your reactions and comments are welcomed

YOWERI MUSEVENI-PRESIDENT;JANET MUSEVENI-MINISTER

I will want to take the comments from Godfrey Onentho seriuosly.In his comparison of the variuos Uganda leaders,he singled out Idd Amini and Museveni as the most daring dictators of sorts.But unlike Idd Amin Dada,the "conquarer of the British empire" as he called himself,Museveni is avery cleaver dictator.He has perfected the art of having two faces.One face is that of a democrat and a reformist.This is the face that the donors and other friends of Uganda see,and it has earned him a good name with many of them.He has received lots of praises and support from the international community.The other face ,probably the one that faces Uganda is of a dictator,who do not respect the constitution and the rule of law.

His wits are growing by the day,and from my presumption,Museveni is seeing the bigger picture of his schemes when many other people are still taking his actions as unculculated.Why am I saying this.

After rescuing Uganda from the ravage of civil wars in 1986,23 years down the line he still considers himself the Messiah for Uganda.I heard some person saying he is still paying himself for the trouble and pain he went through to bring Uganda to what it is now.That is the reason why at one forum,he had the audacity of asking people where they were when he was in he bush fighting.Were you not busy sleeping with your families in your houses?.He will ask.And Janet Museveni,his wife will tell the people,less they forget that God sent Museveni to save Uganda...And the saviour should carry on.

You might differ with me,but I read red,when I see Museveni`s governemnt enact very punitive and restrictive laws for the NGOs.NGOs has been the voice of the people and a close partner of development of the people.I read red,when he is clammping down on the media,and now the picture is becoming more clearer,when he appoints his wife Janet, a first time MP for Ruhaama County as a minister for the Karamoja region and his brother Salim Saleh as his defence advisor.Promoting his friends to various cabinet and junior cabinet positions and sidelining those not supportive of him.

Is it an advance form of manipulation before the 2011 election?.Does he want to leave office anytime soon?By the way recently he bought the most expensive presidential jet in Africa when Uganda bearly have an airline of its own.He has also build a very luxurious state house in Entebbe and with the discovery of oil and romour of minerals in Karamoja.Is he ready to leave all this to another person? I dont know.

If he is truely streamlining governace and fighting corruption,why sack the finance minister and retain his friend and loyalist Amema Mbabazi;yet all of them were involved in the same land scandal at Temagala?

Is this a wider scheme for remaining in governance beyond 2011 or is it a normal act of governance?

Is Grand coallition or Grand corruption government?

For the last Six years of Kibaki government in Kenya,the poor taxpayers have been coerced to part with 700 million Kenya shillings( 17.5 billion Uganda shillings)on six commissions.That is an average of one commission per year.We had the Goldenberg commission,the land commission,the Arthur brothers commission,the waki commission and the Kriegler commission among them.None and I repeat none of these commission`s recommendations have ever been implemented or at least taken seriously.

While the amount of money going into these commissions are huge and a real burden to the taxpayers who are also the poor of the society reeling under the weight of hunger,insecurity and all forms of injustices;Of course the rich and the political class don't pay taxes.The very taxpayers are the victims of the injustices that these commissions are geared to address.They are the victims whose coffers have been looted through grand corruption,whose land have been grabbed and have been made landless,whose properties have been destroyed and loved ones butchered on poll clashes and whose lives are mythically drained out of their physical bodies by all forms of governance related issues.

The grand coalition government has "rubbished" the recommendation of the last two of these commissions,just as it has with the others.

One,the reinstatement of Amos Kimunya into the Cabinet even before he is cleared of corruption charges,including having the central bank governor in office,while the commissions report implicates him of lying in office is a scam to the public funds and a signal that the grand coalition government is not committed at all to fighting corruption.

Worst,but not in any scale, is the watering down of the waki report and the recommendations that instead of taking the matter to the International court,the matter be settled through a local "Kamkunji". Simply put,throwing out the recommendations,while the post election violence was a crime against humanity.Without the recommendations being implemented to the later,we might see an amplified recurrence of the same in future.

We have witnessed the sacking of the Cereals board directors on charges of corruption and even the prime minister has suspended one of his aides on maize scandal and an "investigation" put in place on some individuals who colluded with government officials.Why has the government not arrested the sacked corrupt officials including the prime minister aide? What assurance do Kenyans have that these same people are not goin to be reappointed back at a later date?

Why all these.Do we have a government? why waste public funds on commissions that dont have results.Is it not another way of defrauding Kenyans.

Trouble for NGOs in Uganda

While the government restrictions on the operations of NGOs in Ethiopia can be termed as very restrictive and chocking,the developments in Uganda is disturbing.Disturbing because the reforms in the NGOs regulations exhibit a calculated move by the government to not only monitor the NGOs operations but also to have total,unquestioned control on it.

The Motives behind this development is what is still a blur to many.The Office of the Prime Minister (OPM),did a lot of consultation from the NGOs when the NGO policy was being re- formulated in the open forums and the NGOs were happy about this development.However,the joy was cut short when the OPM consulted the Ministry of Internal Affairs (MoIA) in a closed forum,the outcome of which saw a mutilation and re-writing of some parts of the NGOs policy.When the NGOs complained about this,the MoIA was not kind to the NGOs,accusing it of all sorts of issues.

Some of the disturbing clauses in the NGOs regulation 2008 includes clauses

8 (4)This is on application for renewal,where the the documents for renewal can only be determined by the board

8(6) The board who do not have a representative from the NGOs can vary the terms and conditions of operations.

9 (1) The rejection of permit renewal can only be explained by the board and no room for appeal is allowed.

Regulation 13 (a) to (e) essentially criminalizes NGOs’ direct contact with citizens of Uganda in carrying out their operations.

17(3) (e) Dismissal can be at the discretion of the board.

This are some clauses among many others that are detrimental to the operations on NGOs in future.

WHAT IS YOUR TAKE ON THESE RETROGRESSIVE REGULATIONS AND WHAT CAN BE DONE? KENYAN PARTNERS,THEY SAY IN SWAHILI IF YOUR FRIEND IS BEING SHAVED,PLEASE ALSO PREPARE TO BE SHAVED.WHAT RECOMMENDATIONS DO WE HAVE FOR UGANDA? POST YOUR COMMENTS

Kenya`s Crisis

Are we as a nation specialising in creating Crisis? The food crisis,the fuel crisis,the hunger crisis,the post election crisis,the education crisis,the population explosion crisis,the traffic jams and....name them.
The unfortunate fact is that all these crisis are man made and could have been prevented.The stingy part of it is,the humans who aid in the "manuacture" of this crisis are our political and governement leaders,the very people who are entrusted with the responsibility of protecting its citizens and promoting good governance.The executions of duties by these humans,unvails a Kenya of two tribes-the tribe of the RICH and that of the POOR.Where there seems to be a conspiracy from the tribe of the RICH to defraud,oppress and supress the tribe of the POOR.
What has the poor done to the rich in Kenya?
The Tribe of the RICH created the food and the fuel shortage.The Tribe of the RICH refuse to be taxed,the tribe of the rich are above the law ,the tribe of the rich abuse their offices and get promoted.

In their suffering,the tribe of the poor take a slice of the blame for allowing the tribe of the rich to have a field day in the crisis "manufacturing" field.They allow the tribe of the rich to divide them.They allow the tribe of the rich to incite them to fight against each other on ethnic grounds.And in the fight who benefits?... and who looses? You can guese.Why are the tribe of the poor still in camps?where are the tribe of the rich who they fought for?

ARE THE POOR TO BE BLAMED FOR THE GOVERNANCE PROBLEMS FACING THIS COUNTRY?.OR ARE THEY TOO HELPLESS TO CAUSE CHANGE? post your comments