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Sunday, 23 March 2014

[RwandaLibre] Uganda: Term extension plot a threat to oil governance

 

Term extension plot a threat to oil governance

Guest Writers

SUNDAY, 23 MARCH 2014 22:02 WRITTEN BY PATIENCE AKUMU 0 COMMENTS   

From proposing ridiculous laws to accepting bribes from the executive,
Uganda's Parliament cannot be accused of credibility.

But the icing on the cake has got to be the recent campaign to have
their term, along with that of the president, extended for a further
five years. The excuse is that they need more time to finish projects
they began and make some money to dig themselves out of debts they
accumulated while serving their constituents.

Now, together with the executive, which is reportedly considering
giving the MPs Shs 150 million each as a "loan bailout", they are
determined to consolidate themselves in power and stay close to the
national coffers.

Oil revenue is an important part of these coffers. Estimated at 3.5
billion barrels and capable of producing enough revenue to finance the
country's budget for 30 years, Uganda's oil could turn the country
around and solve chronic poor public service delivery. But for this to
happen, there must be proper systems in place to ensure accountability
and transparency.

A parliament that abrogates the Constitution to consolidate itself in
power, against the wishes of the electorate, cannot be entrusted to
put in place and oversee such systems. Experience and empirical
evidence show that poor governance is a major precursor for the
notorious oil curse.

The Africa Institute for Energy Governance (Afiego) and other NGOs
have been pushing for systems, policies and structures that would
ensure that oil brings the expected benefits - as laid down in Vision
2040- including better social services, access to basics such as food,
clean water and electricity, and indeed a better life for communities
in the oil region and Uganda as a whole.

The inception of progressive laws such as the Uganda Petroleum and
Production Act, and the yet-to-be passed Public Finance Bill, as well
as policies such as the Resettlement Action Plan, happened only after
intense lobbying to ensure that there are safeguards for human rights
and public accountability.

The proposed Presidential, Parliamentary and Local Council Extension
Bill 2014 is a slap in the face of these efforts and very reminiscent
of the 2005 removal of presidential term limits that has seen
President Museveni stay in power for 28 years. The move also reminds
us of the pre-1986 era when allegations of rigged elections and
eventual suspension of elections led to coups that left the country
handicapped.

Now, suspending elections just before the country begins oil
production would only serve to cause suspicion and exacerbate problems
in the already troubled oil sector. President Museveni is on record
for referring to Uganda's oil as "my oil" and fear is rife among local
communities in the exploration areas that they shall not be adequately
compensated for property lost after government acquired land for the
refinery, and that benefits associated with oil may never trickle down
to them.

Today, 86 people are still complaining of inadequate compensation and
are planning to file a suit against the government. They argue that
government has violated their right to own property as guaranteed
under Article 26 of the Constitution and as stipulated in other laws
such as the Land Act Cap 227 and the Land Acquisition Act Cap 226.

It is against this backdrop of poor oil governance that
parliamentarians now seek to extend their term by disenfranchising
voters.

The proposed term extension is a sign of growing dictatorship in
Uganda and an abuse of human rights under Article 59 of the 1995
Constitution that guarantees every adult citizen the right to vote.
Article 59 (4), in particular, enjoins the state to take necessary
steps to ensure that citizens qualified to vote register and exercise
their right to vote; while Article 79 gives Parliament power to make
laws on elections.

This power is given to MPs in their capacity as representatives of the
people and must be exercised in conformity with the Constitution
which, under Article 2, is the supreme law of the country.

Free and fair elections are the cornerstone of democracy. While Uganda
has had a history of flawed elections, not having elections would harm
the country even more. It would also greatly provoke the public, cause
hostility and create a sense of betrayal from the populace.

As Ugandans gear up for an economy dependent on oil, it is important
that we progress rather than regress on the political achievements.

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The writer is the legal and communications officer, AFIEGO.

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