Authoritarianism in the Uganda Media

PART ONE

Trace History of The Press in Uganda to Justify the View that the Press has been largely authoritarian.


The history of the Press dates back to the early 1900's. It was sparked off by the coming of the early missionaries, catholic and Protestants.


The first missionaries, the church missionary society (CMS) arrived in 1877 headed by Rev.Mackay in the Kings Muteesa's palace in Mengo. Having been advised by stanley in his letter he wrote in the daily telegram the church Missionary society were ready with gifts like mirrors , cloth and many other foreign elements all aimed at capturing the acceptance fo the Kabaka. Kabaka Muteesa's Zest for civilisation encouraged Rev.Mackay a woodworker and engineer to put their foreign skills at the disposal of the Kabaka.

The first huddle of being accepted by the Kabaka of Buganda was accomplished so, the next huddle was making the Kabaka and the people of Buganda accept christian teachings, which were mostly against the African ways of life like polygamy, subordination of women in a family and mostly against prayer and sacrifice to "small gods". It is at this stage that the missionaries saw the need for a Newsletter, to educate the people about Christianity and also coordinate the movements of the missionaries.

The second factor for publishing Newsletters by the church missionary society was the arrival of the catholic white fathers from France in 1879. Therefore a need for many coverts to both the Catholics and Protestants was imperative. It is against this background that the first church missionary society newsletter, Mengo notes was published in 1900. It was written in English for purposes of spreading the protestant faith and the English language.

The struggle for establishment between the Catholics and Protestants saw yet another Newsletter, MUNNO, a catholic printed paper in circulation, it was written purposely to spread Catholicism and also counter the protestant propanda. It was first published in 1911.

The colonial government also had its own ambitions of spreading boundaries past Buganda to reach the rest of Uganda. Therefore an instrument to spread the strategies of the colonial government like; infrastructure development, encouraging cash crop growing and the development of government institutions was needed. In this respect free newspapers were published in a number of languages to serve the purpose of the protectorate goverment in 1939. Some of the papers included Khodeyo , written in Lusoga, Bushesiire written in Runyankole and many other papers written in Iteso, Luganda and Luo.

Closely related was publication of foreign owned planter's News lette;, Uganda Herald in 1912. It was written in English to help the white and Asian business communities. The last and most vocal category of the newspapers published were the black people privately owned Newspapers. The growth of the elite black community especially in Buganda saw the use of the press as an important weapon in agitating for political space and condemning social, political and economic injustices.

Some of the most notable Newspapers were Ssekanolya 1920, Munyoyozi (Explainer) 1922, Nyubba Ebireesse 1923, Mattalis 1924 a sister paper to the Uganda Herald, Gambuuze and Ddobozi lya Buganda, 1928.

All these papers championed the struggle against unjust colonial tendencies like the Luwaro (Forced Labour) Kasanvu ("Seven thousand" compulsory cheap paid labour ), Busuulu (Land rent) and other grievances against Buganda chiefs were boldly addressed. "Evunjjo", which was tax paid to the chiefs after a peasant yielded crops. This tax was customary and therefore generally accepted by the people of the land, but unfortunately with time the chiefs abused the custom tax by sending people who did not pay to prison, taxes that strained the local people with time. In one case,a farmer complained to have borrowed 150 pounds of seed to plant about 150 yards of land, which yielded 100 pouds harvest due to poor weather. All the farmer's yields and efforts were then paid as tax to the chief. This was to pay back the initial 150 seed loan and was left with 50 pounds to pay the next harvest, and yet the farmer still had to borrow from the Chief more seed for the next season. With time these tendencies could not be accepted by the communities, hence revolting against the chiefs.

The activities of private "black" owned News papers amidst antagonism between catholics, protestants, Moslems , traditionalist’s, colonialists and the elite class, which had no political power but ideas, necessitated to check and balance the press in all sectors. Though it is unfortunate that those in power, the protectorate government and the chiefs used their political might to crash freedom of the press by arresting, fining, deporting and confiscating the press machinery of activists. Daudi Basudde editor of Ssekanolya 1920 and Munyonyozi 1922, Mr. J.N. Luyima editor of Gambuuze, J.W.Kiwanuka editor of Uganda posts, 1951 and others like peter Ssali editor of the Uganda Mirror,1951 were all arrested and heftly fined at one point in their career.

Bassudde, editor of Munyonyozi was critical of corruption practiced by chiefs. In one of his editorials Bassudde commented that, it was time the chiefs put a stop to the acquisition of wealth through corrupt ways and also apologised to the public. He was later charged with spreading malicious information about the Buganda treasurer and fined five hundred shillings for this publication.

Another vocal editor J. W. Kiwanuka vehemently criticized the Ministers for the slow progress towards independence from the whites. He further argued that the Ministers' being undeducated denied them professional administrative skills and emphasized the poor administration policies of the Katiikiro Paulo Kavuma. He was arrested and charged for violating the custom of the land, by writting offensive articles against the Katikiro. He paid a fine of one thousand shillings.

The sending of Kabaka in exile 1953 sparked off bitterness from the press especially the pro Buganda Newspapers like Ugand empya, Uganda eyogera which lamented that "Uganda will not be peaceful unless the Kabaka is returned to Uganda". Kiwanuka was arrested again and charged under the emergency laws of Publishing material intended to bring confusion in Uganda;. He was released after paying a fine of one thousand five shillings.

Paulo Muwanga and Damulira Mukiibi editors of the Emamba Esaze aslo faced the colonial authoritarian wrath, when they wrote in the editorial, warning the Ugandans about Britain being the enemy because it was braking down the Traditional hierarchy into nothing but puppets. They were arrested and charged with publishing seditious information about the colonial government.

By the end of the 1940's most of the Black owned Newspapers had closed downed, especially during the Second World War. Black owned newspapers were critical of Ugandans that were forced to fight on behalf of the British. Such papers like Munyonyozi and Gambuuze were banned under the emergency regulations and press censorship and correction ordinance No.13 of 1984.

The Banning of the early papers saw yet new vehement and vocal papers coming back on the scene among which were Uganda express, Uganda star, Uganda mirror and Uganda post edited by Kiwanuka. These papers were more ambitious and addressed issues relating to independence.

The colonialists were determined to stay and hence used the already institutionalized rules and regulations to close down most of the Newspapers.

On January 10, 1954 Kiwanuka was arrested under section 6 of the emergency regulations and press censorship of 1953. On May 31,1954 the colonial regime banned Uganda post, Uganda express and Uganda Eyogera. Peter Ssali of Uganda mirror and Musa of dobozi lya Buganda were arrested on June 14, 1954.

To curtail any further publication of Newspapers by the agitated Ugandans the colonial regime resorted to confiscation of press machinery.

It should be noted that some of the newspapers were already at the verge of closure due to the constant fines that were imposed on them. The papers were left incapacitated to continue in the publication of further articles.

It is against this background that the Uganda press turned out to be largely authoritarian. The growth of an educated black community with out jobs, and any hope of getting jobs had nothing to loose but all to gain in antagonizing the colonialists and the old school. Traditional leaders, who still wanted the stratification of society according to classes of bakopi and Balangira couldn't survive the wrath of the new energized elite class. This tendency among the traditional leaders was pulling the development of the country backward therefore the educated young men opened war on some primitive exploitative tendencies by the chiefs, Ministers and the kabaka.

While this educated class grew, the colonialists and the traditional leaders started using all available means to counter the demands of the new class of Ugandans. Therefore censorship of the press, fines and many other means were employed to see to it that, the elite operated in the boundaries of the governing body.

It should however be noted that, it is the activities of the press that ignited worker's strikes in the past , therefore the colonial regime and the business white community could not afford having a liberal press during such times.

Censorship of the press was therefore pushed into Ugandan's constitution due to the antagonism that had been sown between the warring partying; colonialists, Traditional Leaders and a new and vibrant elite class that was anxiously waiting on taking over from the white men. Some of the political parties that were formed like the Democratic Party, Uganda national congress and later Uganda people’s congress were soaked in religious rivalries.

The two political groups were later nick named (Dinni ya Papa), DP meaning Popes religion. and UPC, United People of Canterbury. Basing on the religious conflicts that were beginning to take root, the incumbent ruling political parties welcomed press censorship as a blessing in the name of staying in power. (DP), stands for Democratic Party while UPC, Uganda People's Congress.

After 1962 Independence, the newspaper and publications ordinance Number 3 of 1961 was amended and enacted in the 1963 constitution. This act included among other subsections, a fine of five thousand shillings for any publication of false information and one year arrest, Newspapers were supposed to be registered hence issued an operating license. Section18 provided for arrest and a fine for any unregistered newspaper. Finally a police officer under section 21(1) was mandated to confiscate and ban a book, magazine News papers which he or she reasonably thought was published in contravention of the News paper and publication ordinance of 1963 act.

The year 1979 was a direct repetition of press suffocation or even worse. It was a period of dictatorship under the rule of Idi Amin Dada. During this period jolly joe Kiwanuka , an editor of various newspapers, James Bwogi a television presenter and jimmy P. a photo journalists were murdered for their strong professional beliefs.

During this time Amin passed a decree against the press in 1972 which provided that " The ministry may, if he is satisfied that it is in the public interest to do so by statutory order, prohibit the publication of any Newspapers for a specified period or indefinite period" (Section 21)

This period saw the closure of most Newspapers, for example Munno was banned from 12 August to 31st December 1976. Uganda star closed during this period and Uganda Argus ceased publication after being taken over by the government. Uganda Argus changed name to "Voice of Uganda".

The movement system has been claiming every now and then to be democratic and yet it has not done much in respect to article 29 (1). This article states that every person shall have the right to;

a) Freedom of speech and expression which shall include freedom of the press and other media.

"ironically the same constitution has enacted impediments to the media such as " The press and journalist statute, 1993, the electronic media statute and the ambiguous penal codes laws on sedition sections; 36, 37, 38, 39, 40,41,42,43,44,45 and 50" Such laws which, I will not discuss in detail under these sections contradicts article 29 of the same constitution.

Authoritarianism was by far planted into our democracy by the colonial legacy. It is against this background that most political leaders in Uganda have used this weapon to consolidate themselves in power.

It should also be noted that in a country with poor civic education, Politicians could easily use institutionalized laws to hinder freedom of expression and speech largely due to the ignorance of the people about their rights and responsibilities, and this has been the case in Uganda.

PART TWO

Updates of Authoritarianism in the Media from 2001 To 2012


The passing of the press and journalists Act, access to information Act and Communication Act. (I will discussion the Press and journalist act)

Political discussion and campaign has over the years pushed the government to engage in easing some of its policies on media practices. The Press and Journalist Act was passed in July 1995 with aim of regulating Mass media in Uganda. The act is an instrument to enforce Article 29 (1) of Uganda's Constitution; Every person shall have the right to freedom of Speech and expression which includes freedom of the Press and other Media. In order to meet its mandate a 13 member media committee was established that includes experts, technocrats and bureaucrats. The Act also provides for a National institute of journalists (NIJU) a professional body that was charged with uniting and ensuring professional standards within the media fraternity. However critics of this statute claim it was designed to enshrine the government into power and not given the power it deserves to engage the state and concerned media publics. The 13 member media council is charged with the responsibility of arbitrating disputes between the state and media, complainants against persons of the media and individual or groups of people from the general public. However from the time of its passing in 1995, a number of cases shall be discussed below that have been resolved by the high court in Uganda and other legal institutions rather than the media committee, as such rendering the committee inefficient. Several cases of unprofessional conduct and practices still remain unabated and yet the National Institute of journalism as stipulated in the act is responsible for ensuring professional standards in the media.


While at the policy level efforts are being made to streamline media practices in accordance with international media standards, the same government has used its state apparatus to clamp down descent. This case by case study tells the story;-

I will briefly highlight some of the major media cases that stand to show authoritarian media practices between 2001 to date. While I discuss the cases below, It is important to note the time lag between each case of charging and that of acquittal, I will call it "Time theft, imprisonment". In my view any professional would be incapacitated when charged with cases that drag on for years.

In May 1999 during the second Congo War, (Mr) Onyango Obbo along with counterparts, Wafula Ogutu and David Ouma Balikowa were arrested and charged with sedition in a story they covered showing a photograph of a Naked woman being shaven with a pair of scissors on her genitals by two soldiers, purportdly Ugandan. November 9, the trial of three journalists opened in Kampala's Magistrates court, case was adjourned December 14, after an unknown assailant hitherto never been caught, fired at and wounded the journalist's lawyer James Nangwala, It was further adjourned to January, 25 2000. They were later released from police custody after paying fines. The government argued that the soldiers in the picture could have been Congolese or Zimbabweans who were also in the Congo at the time. One of the witness Kandida Lakony, a woman claiming to have been in the picture was charged for providing false information and sent to prison for one year. She was released in June 2000 and passed away later in the year.

August 11, 2005 KFM Radio, a subsidiary of Monitor Publication was closed down, its equipment confiscated by security agencies on charges of sedition after a debate between Movement Senior Presidential Advisor on Political Affairs Moses Byaruhanga with Andrew Mwenda, who claimed The government of Uganda's security incompetence led to the sudden accidental death of SPLA Leader John Garang. In an interview Andrew Mwenda maintained that the helicopter that was given to Sudanese leader was a junk helicopter, Garang was flagged off at night and Imatong hills where the accident happened was known to be a Lords Resistance Army (LRA) area of operation. The government responded by closing down the media house and summoning the editors to Court, the producer Angelo was sacked. The station reopened on 18th August.

27 April 2008, Andrew Mwenda arrested by an assortment of security agencies that included Chieftaincy of Military Intelligence (CMI), Joint anti Terrorism Task force (JATT) the Black Mamba that also raided his publication house the Independent Magazine. Andrew Mwenda was on his way to attend Capital Gang a house favorite talk show hosted by Capital FM radio. His equipment that included phones, flash disks and computers were confiscated by the police.

10 September 2009, Security agencies raid and close a household favorite radio station, Central Broadcasting Service (CBS). Its equipment confiscated, staff forced to leave work and the editors arrested. The government later charged the radio station of inciting violence that culminated in the killing of 27 people, in a stand off between Buganda Kingdom in particular the Kabaka of Buganda and Uganda government over land issues and the Kabaka's insistence on visiting his controversial lands in Kayunga district. High Court Judge Vicent Zehurikize ruled against the government's saying that the authority lies with the Media council to penalize media houses hence dropping all charges against Central Broadcasting Services (CBS) on 20th August 2010.

25 May 2001, Security agencies raid and close a vernacular daily "Gwanga” on grounds of publishing libelous information. The Managing editor Alex Lubwama was later arrested and his equipment confiscated.


The above case by case study reaffirms and shows the enshrinement of authoritarianism in the Uganda political structure, I have ignored to quotes authoritarian and what some may describe as reckless and careless utterances by leading politicians against the media not befitting of our times. Though most of the time media houses have ended up winning the cases, the psychological effects, the will to continue in journalism, the financial strain and loss of data is immeasurable.

A number of journalist have over the years either changed profession to Public relations, advertising, Corporate Management, Marketing, Development communication specialists for NGOs or moved countries and write and work outside of Uganda. Of course, it is important to note that a journalist working in the same media house over the years bears a financial strain that is unbearable in comparison to the skills, fame and opportunities outside mainstream journalism; such also remains the fate of journalism in Uganda.

While some journalists have maintained a lethal attack on government, civil society and the army hence playing the watchdog role, notably over the years a number of journalists have yielded to government offices, which is not wrong or professionally inappropriate, however the twist in these cases is the easy fall out and disgrace that is associated with journalists that join government and later end up on either corruption charges or dismissal. Such has been the case with renown and celebrated investigative and economic journalist Teddy Ssezi Chei former editor of Uganda Confidential.

I will lastly discuss the conduct and use of negative media campaign as a political strategy against especially opposition figure heads. While negative media campaigns are an acceptable political campaign and lobbying strategy, its use in Uganda media defiles the odds.

On several occasions political figures have been stripped of all their respect, decency and ridiculed in the media sphere through constant engagement and scuffles with security agencies, some arrests turn into real ugly fights in front of the media. A case in point was political figure Dr.Kizza Besigye who was practically beaten, roughed up like any other taut, thrown underneath a pickup van and driven off to police during his participation in the walk to work campaign. These scenes have been a repeated sight for a number of opposition figures; women have not escaped the wrath. Woman Member of Parliament Nabila Ssempala Nagayi was equally beaten, dragged and almost stripped before the media by police, on one particular occasion. Woman Member of Parliament Kitgum Beatrice Atim Anywa was equally roughed up and dragged before the media by security agencies during her walk to work demonstration. Two demeaning issues arise out of these acts in the mind of the general public. While there is no threatening message written and officially sent out by government to all would be opposition political contestants, the gruesome treatment and physical suffering inflicted upon politicians is enough to send chills to any political candidate planning to oppose the status quo. Secondly the psychological strain on politicians, after engaging in such scuffles is immeasurable; treating political diplomats like common thieves and touts drastically diminishes the politicians' diplomatic appeal. I will further explore this assertion in a paper discussing Presidential campaigns.

You might ask how this relates to authoritarianism in the media? Well, the media in this case, is used as a driving force or enforcer of political ill will, and publicizing of fear. While, a News editor might tip the photographer who took that clear picture of a police man thumping a Presidential candidate, the effect in undermining the politician has far reaching consequences.

I will conclude by saying that, authoritarianism has been rooted in the political structuring of Uganda from independence to date, the penal code still remains, a challenge and a hindrance to a fully fledged free media in the country. Government should be credited for instituting the press and journalist’s statute that is a step towards empowering the media, the challenge remains for government to recognize and respect the policy instrument. As history has taught us, media houses today are shut down and recover not like in the past.

The Media today, enjoys a host of talks, late 1990's and early 2000 saw an increase in the number of talk shows, call in shows etc and later on citizen round table discussions popularly known as "Ebimezza" aired on both radio and Television stations. This was greatly attributed to governments opening up of media space, the high number of investments in radio and television stations and most importantly the influence and contribution of telecommunication companies that used these talk shows to boost revenues and advertisements. Currently FM stations have spread more than any other media channel and still remain one of the strongest political debate and development communication platforms. Over.119 privately owned FM and 22 Television stations and 17 internet providers had been registered in 2003 by the Uganda Communication commission.


It is worthy noting that journalists today are arrested and charged under a particular law, representation by legal officials is guaranteed. In spite of these achievements in opening up of media space, the following criticisms remain; Government security agencies have been used as instruments of oppression against descent and clamping down media houses. While in other countries civil society organs are used in carrying out the processes of closure or summoning of journalists to court, In Uganda heavily armed security agencies are used and sometimes even go to greater lengths of firing ammunition. The procedures of arrests are in themselves inhuman and gruesome not befitting any professional, sometimes the arrests culminate into physical abuse as earlier discussed.

The business of Media, heavily relies on advertising and being on air 24 hours, 7 days a week, as such cannot afford a day or even hours off airwaves, otherwise you loose clients. However once the media houses are closed the massive loss of revenue is not accounted for, and reimbursed by government. In the long run the quality and revenues of media houses have dwindled and in some cases closed down. In the same spirit the journalists that are usually charged, stay on probation for months or even years as such affecting or interfering with the quality of their work. The case by case study above shows the time lag between charges and acquittals. The financial, psychological strain and effects on ones life, friends and family is some times overwhelming. I have not heard of a journalist suing government for such burdens and yet as journalists these are daily realities when arrests are made.

It is also important to mention the unlevelled justice system, once arrested, a journalist is guilty until proven otherwise or innocent and the burden of proof lies with the journalist. These are two difficult legal grounds for media practitioners, especially when it comes to the financial aspect of collecting evidence to prove one's innocence.

It is important to note that when media houses are closed down or 'Raided" as usually called, a number of equipment are confiscated and usually the process involves, breaking or mishandling of expensive and sensitive media gadgets. Some gadgets are destroyed in the process, and usually equipment is lost during the process, once again bearing a dent on the media house's infrastructure. A procedure of closure needs to be instituted that includes a clear check list of equipment confiscated and retained, packaged according to level of sensitivity and signed off by both parties. Or perhaps defined what qualifies for confiscation and what does not.
Colleagues in the legal sector have also argued against the frivolous use of "sedition" and "Treason" as a charge. A number of cases have been filed against media houses and practitioners on these grounds, but are eventually dismissed by the magistrate or high court on failure to prove the sedious/treasonous effect of a particular media output. Therefore legal experts have argued that the definition of sedition and treason remains a point of exploitation by government and needs legal redress. Other criticism remain in access to information act and the challenges practitioners face, I will however limit my self to the press and journalist statute.

I will close this paper by this quote:

"Censorship on social and cultural grounds is absolutely justified, whereas on political grounds, it is simply primitive, obvious and unacceptable in a civilized society" (Robert L. Sterenson, 1988)





Disclaimer:

The Use of "Black" to refer to indigenous black People and "Whites" to refer to foreign colonialists is in context of the time and should not be misunderstood as racist language in any way. The terms are used to define the categorical groups of people at the time. Same goes with other terms such as "Bakopi" referring to slaves.


Reference:

'Adigun, Agbbaje, Freedom of the Press and Party politics in Nigeria.

Karugire, Roots of instability

The Uganda constitution, 1995

Scott, James (1973), The first African Press in East Africa; Protest and nationalism in Uganda in 1920's in " The International journal of African Historical studies" VI,2

Gariyo Zie, “The Press and Democratic struggles in Uganda 1900 - 1962"

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Written and Edited By:

Walter Edgar Byaruhanga
Communication/Public Relations Expert
Executive Director
Development Initiatives Africa
United Nations Civil Military Coordinator, from a humanitarian perspective
Commodities, Forex and stock day trader.
+256 (0)75 1836972
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edgarbyaruhanga@yahoo.com