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#covid-19: Museveni’s 14th speech leaves many confused

By
Geoffery Serugo
-
President Yoweri Museveni

 

President Yoweri Museveni 14th Covid-19 nation address has left many Ugandans confused as whether he has eased the lockdown or stayed it as they couldn’t figure to resume work or stay home until June 2, 2020 when free public masks will be distributed.

In his address, Mr. Museveni indicated that public transport was free for operation provided they carried half of the passengers in the taxis.

The President said the public transport, shops; bod-bodas for delivery were open but could wait until June, 2, 2020 when Nytil would distribute free masks from government.

“Once the issue of masks is addressed, the, shops selling general merchandise will open provided they are not in the shopping malls, shopping arcades and food markets. Boda-bodas won’t carry passengers yet. They should continue to carry cargo as they have been doing during the time of the lockdown” the President said.

However, his address has left many wondering whether the population waits for free distribution of mask on June 2, 2020 or resume immediately since most employees had bought personal masks.

“The president’s address is confusing because he wasn’t clear, how do you say you have opened up and yet at the same time you are appealing to the public to wait for June 2, 2020 when you will give free masks? We can’t be sure whether this is attainable because we were promised food which we have never received after 60 days home.”  Wondered one of the employers at one of the companies in Kampala?

“We are going to open up but opening up will require you to wear masks. These masks will be ready in two weeks”

President Museveni furthermore outlined areas not essential for opening as bars, night clubs gyms, saunas, swimming pools, hair saloons that will remain closed for 21 days as they can’t observe the rues of social distancing. He also stressed that private vehicles will be opened for operations as far as they carry less than three passengers.

On education, Museveni said it is only candidate classes that will be allowed to resume classes after free distribution of masks.

On hotel and restaurants, he said they will reopen provided they offer takeaway services until when the more 21 days are complete.

 

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“We are not blocking mid-term access,” says NSSF boss Byarugaba

By
Our Reporter
-
NSSF Managing Director Richard Byarugaba

NSSF Managing Director Richard Byarugaba has said the Fund is not blocking mid-term access to benefits by savers.

In an interview with UBC TV, Byarugaba clarified that the NSSF Act does not provide for mid-term access of benefits.

“I am a trustee and I have to ensure that I run the scheme based on rules that are written in the law,”Byarugaba told UBC, regarding calls by savers to be allowed mid-term access.

He added:”Of course,I do acknowledge that the period is a little different. It is almost traumatic and tragic and therefore we need to think about ways of making sure that our customers have a better life-which is our motto,”

Byarugaba further revealed that there are ongoing discussions to amend the NSSF Act and provide for mid-term access.

The NSSF(Amendment) Bill is currently before Cabinet for discussion and key among the proposed changes is a clause to allow midterm access to benefits.

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Museveni to address the country for the 14th time on COVID-19 tomorrow at 8pm

By
Trevor S Baleke
-
President Yoweri Museveni

Tomorrow, Tuesday May 19, is the last day of the current 14-day lockdown in the fight against Corona Virus as extended by president Yoweri Museveni on May 6. On the same day (tomorrow), the President is expected to make his 14th address to the nation in regard to the fight against the pandemic.

By this Monday afternoon, the media was awash with reports of the president making the address today as announced by the presidential press secretary secretary, Linda Nabusaayi but moments before filing this report, Eagle Online established that the address has been postponed to tomorrow. In a tweet, Senior Press Secretary to the president, Don Wanyama announced this afternoon that “the 14th Presidential Address by H.E @KagutaMuseveni on the Covid-19 pandemic which was slated for today has been moved to tomorrow, Tuesday, May 19, 2020 at 8pm.”

This comes at a time when the country has more than 200 positive cases of COVID-19.

Museveni is expected to reassure the nation on steps to be taken in controlling the statistics from further escalating while several Ugandans seem to be ‘tired’ of the lockdown.

The presidential address shall be live on all TVs and Radios at 8:00pm.

At the time of the last presidential address – 13 days ago, the confirmed cases were less than 100, but are now 227 with the cumulative number of foreign truck drivers who have tested positive for COVID-19 in Uganda at a record 125.

There are reports indicating that cabinet shall this Monday advise the president to announce lifting more lockdown measures.

On Saturday, May 16, 2020 the president issued a directive allowing only truck drivers with negative test results to be allowed entry into Uganda.

This was revealed by Dr Jane Ruth Aceng, the minister of Health.

Accordingly, the Ministry met representatives of the Truck Owners and National Logistics Platform and resolved to mobilize, counsel and test all truck drivers from Uganda.

“We will adopt a “Truck Driver Journey Management System” using a mobile application to monitor truck drivers on transit.

The above actions will start with immediate effect. These among other strategies are aimed at minimizing evident risks for spread is COVID19 amongst Ugandans,” she said.

It came at a time when Ugandans were blaming the government for not devising means to control the truck drivers.

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It is unlawful deduction of wages for the Uganda national response to #Covid-19

By
Guest Writer
-
#Covid-19 national task-force.

 

 

In a letter to employers by the Chairman of the National Response to Covid-19  task force, the Office of the Prime Minister appeals for UGX 10,000  to be deducted from all employed workers’ wages as a contribution to the fight against #Covid-19.

Sections 44 to 46 of the Employment Act 2006 ( EA 2006)  set out the provisions that protect employees from unauthorized deductions (commonly known as “unlawful deductions”) being made from their wages.

It is unlawful for an employer to make a deduction from a worker’s wages unless:

  • The deduction is required or authorised by law or a provision in the worker’s contract; or
  • The employee has given their prior written consent to the deduction.

The law on unlawful deductions is important as it is through it that employees can use to claim unpaid (or underpaid) wages in the employment tribunal while the employment relationship subsists.

When the unlawful deductions law applies

Who is protected?

The protection against payments or unlawful deductions from wages applies to all employees:

“This includes any person who has entered into a contract of service or an apprenticeship contract, including, without limitation, any person who is employed by or for the Government of Uganda, including the Uganda Public Service, a local authority or a parastatal organisation but excludes a member of the UPDF.”

What are “wages”?

Wages are defined by section 2 of the EA 2006 as:

“Remuneration or earnings, however designated or calculated,

capable of being expressed in terms of money and fixed by mutual agreement or by national laws or regulations, which are payable under an oral or written contract of service for work done or to be done, or for services rendered or to be rendered but excluding any contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement

pension, post-service gratuity or severance allowance;”

What is a “deduction”?

Where the total wages paid by an employer to an employee is less than the net amount of the wages paid the deficit counts as a deduction. In this case where the employer without prior written consent from his or her employee deducts Shs10, 000 from wages for the response to the #Covid-19 as per the letter from the Office of the Prime Minister is unlawful deduction.

No overall reduction in pay

Where an employer makes a unilateral reduction in an employee’s wages by removing or reducing a payment to which the worker is contractually entitled, it appears that this will still amount to an unlawful deduction even if the employer increases another aspect of the employee’s wages so that there is no overall loss in pay.

In Pendragon plc v Nota EAT 0031/00, the English Employment Appeals Tribunal upheld a tribunal’s decision that an employer who had stopped paying an employee overtime pay to which he was contractually entitled had made an unlawful deduction from wages, even though the employer had unilaterally increased the premium rate of pay in order to offset the shortfall in overtime pay. The employee had never accepted the quid pro quo arrangement and had in fact protested. As a result of his protests, the contractual overtime rate was reinstated without any change being made to the new premium rate. However, he was not paid backdated overtime pay. The Appeal Tribunal ruled that it was this failure that amounted to the unlawful deduction.

Threatened deductions

The letter to employers was written on May 12, 2020 by the Office of the Prime Minister and many employees will possibly have to wait at the end of this month to find out if Shs10, 000 is actually deducted by their employers as only an actual deduction can be the subject of a complaint. In Mennell v Newell & Wright (1997) IRLR 519, the UK Court of Appeal held that for a tribunal to have jurisdiction in an unlawful deductions claim “there must be an actual deduction” and the tribunal had no jurisdiction to hear a complaint about a threatened deduction

Unilateral reductions in pay

If an employer, without contractual authority or individual, reduces an employee’s wages, this will amount to unlawful deductions of wages. In Bateman and others v Asda Stores Ltd [2010] IRLR 370,  the English Employment Appeals Tribunal held that the employer was entitled to unilaterally introduce a new pay scheme which meant that some employees suffered a reduction in pay. This was only possible because the employer’s staff handbook which had been incorporated into the employees’ contracts, and which allowed the employer to change the terms of the handbook to reflect the changing needs of the business. The Employment Appeals Tribunal considered that the changes to the pay scheme were consistent with that provision, and that there had been no unlawful deductions from the employees’ wages. If, however, there is no such applicable term and an employer unilaterally imposes a reduction in pay, an employee can:

  • Accept that the employer’s repudiatory breach and resign and claim constructive dismissal;

When deductions are permitted

Section 46 (a)- (d) of the EA 2006 deals with permitted deductions and it states:

“(a) an amount in respect of any tax, rate, subscription on contribution imposed by law;

(b) where the employee has previously given his or her written consent to a deduction being made, the deduction being in respect of any amount representing a contribution to any provident or pension fund or scheme established or maintained by the employer or some other person;

(c) deduction by way of reasonable rent or other reasonable charge for accommodation provided by the employer for the employ, or the employee’s family, where the employee has agreed to the deduction; and

(d) union dues, deducted in accordance with section 50.

Written consent of employee as per section 46(b) of the EA 2006

A deduction will not be unlawful if the employer has prior written consent from the employee. Prior written consent could be given via a written contract which has been given to the employee before the deduction was made, or an express or implied term, the existence and effect of which have been notified to the employee in writing before the deduction is made.

Like many employees have shared the letter on social media, most employers would possibly think it is wise to do the same by displaying the letter on the staff notice boards. This was the case in Kerr v The Sweater Shop (Scotland) Ltd [1996] IRLR 424, where employer displayed a notice in the factory indicating changes to the company’s rules and regulations. The Court in Kerr held that the display of a general notice on a notice-board is not sufficient. Section 46 of the EA 2006 requires that the prior consent is given individually by each affected employee. The courts will always want clear written evidence and or consent given before the event giving rise to the deduction, not just before the deduction itself.

Remedies

An employee whose wages are unlawfully deducted in response to #Covid-19 letter from the Office of the Prime Minister is entitled to claim for an unlawful deduction from his or her wages or an unlawful payment to the employer via a claim to an employment tribunal. He or she can seek a declaration claim payment (or repayment) of the sum unlawfully deducted by the employer, and in some cases compensation for further financial loss.

 

Thomas Ddumba,

UK Lawyer

tomddumba@gmail.com

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Extension of the 2021 general election without amendment of the constitution

By
Guest Writer
-
Mr. Enoch Okoler Opio.

 

 

 

A few days ago, I opined that the debate of whether or not to hold 2021 general elections is tantamount to shadow boxing provided that the status quo is maintained.

Picking it’s supremacy from article 2, the constitution of the republic of Uganda unequivocally highlights that, Uganda will go to general elections after every five years pursuant to articles 1(4), 59(1), 77(3), 78(2), 105(1) and 181 unless there exists in Uganda such circumstances that hinder the country to organize a normal general election, these are provided under article 77(4) and recaptured in article 103(3)(d) of the constitution.

Article 77(4) provides that, ‘where there exists a state of war or a state of emergency which would prevent a normal general election from being held, Parliament may, by resolution supported by not less than two-thirds of all members of Parliament, extend the life of Parliament for a period not exceeding six months at a time.’

Well, reading the article first above mentioned one would easily infer that, the circumstances highlighted under article 77(4) are absolute; and therefore, existence of the same in the country automatically stays the idea of holding elections in abeyance.

To construe article 77(4) of the constitution, one ought to focus on the phrase thus, ‘where there exists a state of war or a state of emergency which would prevent a normal general election from being held…..’ This literally means that, it is not automatic that whenever there exists a state of war or a state of emergency in the country, elections must be suspended, contrariwise it qualifies the point that the state of war or state of emergency must be such as to prevent the country from holding a normal general election.

The challenge I find with this provision is that, it does not qualify what amounts to preventing a country from holding a normal general election subsequently positioning the country at the mercy of legislators, the danger with this is that, if such an issue is tabled before a bunch of frightened legislators characteristically engulfed in phobia for their electorates like those in the 10th Parliament, then, I think that, the country will be destined for incessant extensions of general election.

That said, it is important to note that juxtaposing article 77(4) with 110(4) creates a lacuna in our constitution, consider a situation where a state of emergency is declared in conformity with article 110(1) and (3) a few months away from the country’s general election, and then the said state of emergency continues to exist beyond the time the country is to hold her general election, of course parliament will make an extension of the elections after being convinced that an election cannot be held given the circumstances (these being influenced by their phobia to meet electorates).

There exists a legal gap in our laws that makes it impossible for the country to handle a scenario where Parliament continuously and unfairly extends the state of emergency pursuant to article 110(4), and then subsequently extends elections pursuant to articles 77(4) and 103(3)(d) while giving unreasonable circumstances, without causing a constitutional crisis, after all, it’s at their discretion to determine the gravity of what the constitution highlights as being circumstances that warrant extension in both cases.

The other issue that my learned friend Deus Mukalazi raises in his article published by Eagle online on 15th April, 2020 as being a lacuna though, I squarely disagree with him is that article 105(1) of the constitution must be adhered to regardless of whether or not the country is in a state of emergency which according to him, means that the president must vacate his office on expiry of the five year tenure after which the speaker of Parliament proceeding under article 104(7) takes over as the caretaker of the office of the presidency.

And that, that is when articles 77(4) and 103(3)(d) are motioned then the speaker of Parliament continues as a caretaker until such a time when a substantive president is voted.

Deus further argues that, though expiry of the president’s tenure while there exists a state of emergency in the country is not among the circumstances highlighted under article 104(7) as being those that warrant the speaker to assume the caretaker role, the article nevertheless applies because the framers of the constitution did not envisage a situation of a state of emergency existing at the time when the country is bound to hold her general election.

With due respect, I find his argument outrageous and therefore not legally tenable because article 99 of the constitution vests all the executive powers in the president, and there is no other law suggesting otherwise when the country is in a state of emergency.

Therefore, I wish to argue that a state of emergency in the country though has the effect of rendering some articles of the constitution inactive, it doesn’t affect articles that establish, give functions and sustain the operation of the three arms of government ipso facto, the legal effect of such articles stipulating the tenure of office of political leaders is driven into abeyance by declaration of a state of emergency, the counting stops thus the president, once a state of emergency is declared retains the executive powers until such a date when elections are held and the president elect takes the oath of allegiance to serve the country as president.

That said, it should be noted that only the president is vested with the duty under article 99(3) to ensure safety of Ugandans, therefore removal of the person whose duty is inter alia to ensure safety of Ugandans in a situation where the safety of the citizens is paramount doesn’t add up logically, as such the state cannot be without a substantive president save under such circumstances highlighted in articles 104(7) and 109 clauses 1, 4 and 5 of the constitution.

While closing my submission on this issue, I have deemed it necessary to furnish here provisions of the law that further buttress the argument that the president’s office even under a state of emergency remains operational vide article 110(6) of the constitution and section 100(1)(d) of the Local Government Act. Article 110(6) provides thus, ‘during any period when a state of emergency declared under this article exists, the President shall submit to Parliament at such intervals as Parliament may prescribe, regular reports on actions taken by or on behalf of the President for the purposes of the emergency’.

Also, under section 100(1)(b) of the Local Government Act the president is given powers to takeover the administration of local governments during a state of emergency, the law provides thus, ‘the President may, with the approval of two-thirds of all the
members of Parliament, assume the executive powers of any district in any
of the following circumstances—
(a)……..
(b) where a state of emergency has been declared in that district or
in Uganda generally’

Lastly all the constitutional provisions aforementioned notwithstanding, Uganda is not under a state of war or a state of emergency thus making it implausible for articles 110(3) and 77(4) of the constitution to be motioned subsequently rendering it impossible for the country to extend the 2021 general election; that said, unfortunately under circumstances where the state of emergency has been declared pursuant to article 110(1), the general election would be extended to even beyond 2030 and the decision remains legally binding.

Au revoir

Enoch Okoler Opio.

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Former LOP seeks help for flood hit Kasese residents

By
Ronard Shabomwe
-
Former LOP, Winfred Kizza and Woman MP Kaseses district receiving relief items from Tundulu Jonathan, Guild President Kyambogo University.

The former Leader of Opposition in Parliament and Kasese district woman MP Winfred Kiiza has appealed to Ugandans and well-wishers to help Kasese residents who are going through hard times since the area was hit by floods.

Ms Kizza says Kasese people are in between a hard place and a rock.

A week ago, River Nyamwamba burst its banks after it rained heavily in many parts of western Uganda. Kasese district suffered the effects of this rain, flooding when the river burst its banks. Roads and bridges were destroyed, and homes washed away, leaving many people homeless.

More than 100,000 people are reportedly affected by floods. Gardens, bridges, schools, houses and other properties were destroyed.

“The fact that they were forced into internally displaced people’s camps, social distancing aspects are not being respected and during such a time I call upon the government to speed up the process of helping out people with what they can use in camps because they are hungry, helpless, naked and homeless, so we need a lot of interventions and going forward, I pray that government looks at a total reconstruction at Kasese district.” Kiiza said.

Kiiza said that the situation in Kasese is tough, and that she is worried that her people are not now going by the dictates of standing operating procedures that was given for the prevention and management of #Covid-19.

She further explained that district was  still struggling with killings of 2016 that left many people helpless and most of the people are still incarcerated in Jinja, as people have been struggling in Coronavirus lockdown and now floods have completely put them down.

Kiiza notes that they have received support from individuals, political parties and organizations and she appreciates their contribution.

In an interview with Eagle Online, she appeals to Ugandans to follow the example of Kyambogo Guild Leadership that has contributed towards Kasese people.

“I have this morning received 100 kilograms of maize flour, donated by the Kyambogo Guild leadership, headed by Jonathan Tundulu. The donation is directed towards restoring hope of the victims of Kasese floods. I thank them for the kindness and good leadership.” Kiiza said.

She added “Thank you Kyambogo team, food is highly needed in Kasese, one side of that was affected by the river floods displaced a total of 3919 during our visit as neighboring hospital. So I believe this relief will surely help our people.” said Enos Maate , Executive Director at Fresh Waters Charity Ministry, Hospital and Projects administrator-Kagando Hospital in Kasese district.

There are other areas affected by floods like parts of Isingiro district that left local police and officials reported homes destroyed and around 5,000 people displaced, four people died in the floods, with others still missing.

 

 

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Education during #Covid-19 lockdown: The challenges and consequences of Online teaching approach in Somaliland

By
Guest Writer
-
Mr. Adam Duale Ali

 

By: Adam Duale Ali

The Coronovirus disease (Covid-19) is caused by widespread socio-economic impacts in almost all spheres of life throughout the globe. This fatal virus has so far infected more than 2.5 million people and caused about 177,000 deaths in almost all countries around the world. Due to unavailability of a vaccine and effective medicines, most of the countries around the world are implementing the strategy of “lockdown” to slow the spread of Coronovirus. More than a third of the earth’s population is under some form of restriction in an effort of limiting the number of cases and slowing the spread of virus. The lockdown is perhaps the only way left to fight virus, which has forced more than half of the human to stay at home and stay healthy.

This pandemic disease has affected education system worldwide, leading to the total shutdown of schools, colleges and universities. Most of governments around the world have temporarily closed all educational institutions in an effort to stem the spread of the COVID-19 pandemic. According to UNESCO research, as of April 21, 2020, approximately 1.723 billion students have been impacted due to school closures in response to the pandemic, 191 countries have implemented nationwide closures and impacting about 98.4 per cent of the world’s student population.

In response to significant demand, UNESCO  has suggested the use of distance learning programs and open educational applications and platforms that schools and teachers can easily use to reach learners remotely and limit the disruption of education.

In Somaliland, the whole country closure of the education intuitions was announced during the second week of March although the closure was a bit earlier. Initially, the closure was for four weeks but now the National Preparedness Committee for Covid-19 has been extended another four weeks starting from 18 April, 2020, till May 15, 2020 – and perhaps schools and colleges will remain off till May 31 for the Ramadan and Eid-ul-Fitr vacation. The educational term in most of the schools and colleges was near at the final year.

Urgently to respond the staidness issue of covid-19 lockdown and in an attempt to save students from educational losses, the Ministry of Education and Science (MoES) implemented online based education and urged the primary and secondary schools to initiate online classes. Most schools have been applied distance learning system and thousands of students in cities and towns are glued to Television broadcasts and Smartphone screens as teachers take to online apps for lectures, tutorials and assessments. The Somaliland Ministry of Education and Science with the help of National Television launched Platform to support the students learn at home with the teachers delivering lectures via SLNTV and Radio without interruption. Most Teachers of the private schools have started to upload lectures through Google Classroom, YouTube, Facebook pages, WhatsApp and private televisions, so that students can go through these lessons at their convenience.

The challenges of online based learning in Somaliland.

In the light of National Preparedness Committee for Covid-19 guidelines, the education institutions of the country are trying to engage students through different online classes via the communication tools (TVs and Radios) and various social media platforms. It is confirmed that the online mode of teaching is not applicable for every student.

The traditional system of face to face teaching requires class activities and out of class activities. The teachers remain committed to guide students for building their ideas on their discipline. The significant advantage for students in such environment remains the presence of instructors, his motivation, support and guidance. In the online mode, it is a challenge for the teachers to perform the above mentioned roles. He can only respond by both synchronous and asynchronous design of mode in which he may be adopt a strategy to define, explain and exemplify the ideas.

Apart from that, many students, especially those living in rural areas, lack the steady internet connection and the devices to be able to learn remotely. Huge number of children has not taken part in online lessons during Coronovirus lockdown. However, all students might not have communication tools and internet connections in their homes and those who do may not afford expensive internet packages.

Furthermore, while mobile phones and Televisions can enable learners’ access to information, connect with their teachers; about half of the learners live in locations not served by mobile networks, almost in remote areas. Even teachers in some regions where Technology and other distance methodologies are less available, the online teaching has been even more difficult or impossible at this time of unprecedented educational disruption. Some households, Parents are not sure whether their children are studying or just spending time on the screen due to lack of knowledge capacity. As a ministry of education, it is important to conduct daily assessment of distance learning practices and follow up regularly with each student and pay special attention to disadvantaged background students, so they are not left behind.

The biggest challenge is being created around lab classes. Most of the lab classes of technical disciplines can’t be conducted in online. This is a challenge confronted for both teachers and students. Some schools are not going to carry on the education in online platforms considering psychological condition, accessibility availability of internet, and financial condition of the students as they may be the barriers of online education.

Government should be considered the element of “Social justice” and remove “social inequalities’ while making and formulating any policy. The internet is still a luxury for many households, while students from low income families are not able to quickly adjust towards online teaching. The problem is particularly impacted for students living in marginal rural areas. The authorities of education sector in Somaliland should plan to address most of these issues and try to convince internet companies to offer cheaper internet bundles for students during Coronovirus lockdown. This current situation requires active and supportive participation to create an enabling online environment for teaching and learning, which is best for the all students who are country’s asset and potential to adopt new ways of teaching and learning in these times.

Online medium based teaching is only effective for those who do have access to the right technology; there is evidence that learning online can be more effective in a number of ways. The main problems are a lack of capacity of some instructors and the affordability of the internet by the students. The online teaching system is being effectively used in technologically developed countries during COVID-19 lockdown but it cannot be fully followed in Somaliland. It has experienced its own problems, and should have to find local solution keeping in view the socio-economic conditions of all students.

 

Master of Development Studies

United International University

Bangladesh- Dhaka

Ademduale@gmail.com

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55th Nation of Africa: The Rebirth of British Somaliland Protectorate

By
Guest Writer
-
The flag of Somaliland

 

 

By  Ismail Yusuf Adan
Graduate student at the University of Nairobi

Nairobi, Kenya
Email: ismaelshirwac@students.uonbi.ac.ke

 

The former British Protectorate in the Horn of Africa, officially known as the Republic of Somaliland is a nation, arguably the most democratic state in East Africa, with many success stories that hardly imaginable to happen in the continent, yet the world is insisting NOT to recognize and turned a blind eye. Somaliland has managed to build peace in the flaming and volatile region, the Horn of Africa; right next to Somalia which tops the list of the failed states, in the world. It has established a fully functional and democratic government with NO international assistance, conducted series of elections which was confirmed as free and fair by the international community, in a continent where people barely vote for their presidents and maintained the Montevideo criteria of statehood including; defined territory which is built upon the Anglo-Italian, Anglo-French and Anglo-Ethiopian treaties, having a functioning and forceful government which is democratically elected by the people, a permanent population of 5 million and the capacity to enter into relations with other states.

This former British Protectorate was the 12th African nation to become independent resulted from a Royal Proclamation of her Majesty Queen Elizabeth II. This means Somaliland became independent way before 42 African countries which, now, are sitting in the African Union (AU) and have the right to decide the fate of whether Somaliland becomes recognized by the AU or not. Soon after the independence, 34 members of the UN, including the five permanent members of the Security Council, recognized Somaliland as an independent and as a sovereign country. Unfortunately, that sovereignty didn’t last long and within 5 days the country, prematurely, got into an unrewarding union with their neighboring Somalia to make the Somali Republic. This unification was a preamble to the Greater Somalia ambition inspired by the Somali people in the region. That Union was never legal and formal. On the contrary, it was a turbulent and unsatisfactory, marriage.

After 31 years of difficulties, injustice, inequalities, and prejudice, that union ended horribly with 11 years of War which claimed the lives of a quarter of a million of the Somaliland people after civilians were shelled and cities were bombed and leveled it to the ground by the military aircraft of their government.

In 1991, Somalilanders defeated and destroyed the military deployed to their land by the military government, declaring their withdrawal from the failed union they have been part of, for more than 3 decades. This is where the miraculous and phenomenal African success story starts, and the most democratic country in east Africa begins its extraordinary journey, but before that let us have a glance at the history and some interesting incidents back in time.

The pre-colonial era of the Somali inhabited territory in the Horn of Africa

 

The Horn of Africa, because of its strategic location which is conducive to trading, has given the Somalis to involve in trade businesses and interact with different cultures. They used to export animal products, rare gums, ostrich feathers, and other products. Having access to both the Red Sea and the Indian Ocean, the Horn Africa became a trade hub and coiling station to the ships going to India. Thus, European interests began to crop up in the region, and in the 1880s The British, French, and Italians competed for the Somali territory, which later agreed to share. In 1887 Britain declared Somaliland a protectorate, leading to an Anglo-French agreement to define borders between the countries of new colonies of British Somaliland and French Somaliland (current Djibouti). While Italy found its fair share to colonize Somalia as La Somalia Italiana. The British also colonized Kenya and right before the disbanding of the British colony in the region, they granted the Somali inhabited North Eastern Province administration to Kenya, as well as the Hawd and Reserve Area or Ogaden region to be part of Ethiopia. From there on, Somalis were divided into 5 administrative borders.

The colonial dissolution and the outcome of the greater Somalia Dream

The concept of Greater Somalia protrudes back to the beginning of the 20th century, and the idea was to unite all Somali speaking nations, comprising regions in which ethnic Somalis live or historically inhabited, encompassing not only Somaliland, Somalia, and Djibouti, but also the North Eastern Province of Kenya and current Somali state of Ethiopia included. That’s why the blue light flag which was originally comprehended and served as an ethnic flag, has a five-pointed star at the center, each point representing an area where the Somali ethnic groups have resided.

 

Shortly, after Somaliland got independence from Britain, they tried to practice what they had been preaching for decades and voluntarily united with their counterpart, La Somalia Italiana which got independence from Italy only four days after Somaliland. Although the two entities united as a single nation, British Somaliland and the Italian Somalia were, from an institutional perspective, two separate countries. Italy and the United Kingdom had left the two with separate administrative, legal, and education systems in which affairs were conducted according to different procedures and in different languages. Police, taxes, and the exchange rates of their respective currencies also differed.

At first, the newly formed parliament of the two united countries promptly created a new Act of Union but it was widely rejected in the State of Somaliland. This was exactly where the confusion started but it was not limited to that. Somalia turned the tables and took advantage of their kind-hearted brothers. A huge injustice and disparities in the power-sharing followed where Mogadishu benefited all state resources. As a result of this, in December 1961, a group of Somaliland junior Officers attempted a coup d’état intended to restore the independence of the Republic of Somaliland, however, it was unsuccessful.

That dream of a greater Somalia died after Djibouti received independence from France and refused to join the union, preferring to stand separate and establish their own different country. Having said that, the NFD and the Hawd & Reserve area remained to be parts of Kenya and Ethiopia, respectively. Furthermore, the union between the other two wasn’t hale and hearty.

That dissatisfaction of the Somalilanders with the Act of Union and power-sharing was a subject that the successive civilian governments ignored and the situation was completely exacerbated when the despotic Siad Barre came to power in a coup following the assassination of President Sharmake of the Somali Republic. Barre not only politically marginalized Somaliland, but economically deprived their cities, and later on, started killing anyone from these part of the country who speaks against injustice. That worsened situation derived a group of students, business people, former civil servants, and former politicians to found the Somali National Movement (SNM) which then turned to be an armed liberation front. According to Human Rights Watch, with the formation of the SNM, Somaliland people have seen the worst atrocities. Serious and series of grave human rights violations, including extra-judicial executions of unarmed civilians, detentions without trial, unfair trials, torture, rape, looting, and extortion, have been a prominent feature of life in the towns and countryside in Somaliland.

During the ongoing conflict between the forces of the SNM and the Somali Army, the Somali government’s genocidal campaign against the people of Somaliland took place between May 1988 and March 1989, where the government’s military aircrafts maneuvered by South African and Rhodesian mercenaries were bombing schools, hospitals and residential areas of Somaliland cities and killed more than 200,000 civilians indiscriminately.

 

The rebirth of British Somaliland

In 1991, the Siad Barre regime was defeated by SNM forces. On the 18th of May, at a conference held in Burao; the second-largest city in Somaliland, in which traditional leaders of all clans that dwell the country attended, Somaliland declared its independence and withdrawal from its union with the Somali Republic.

A new journey began, and a series of reconciliation and peacebuilding conferences has been conducted. The peace that Somaliland has been enjoying for almost 30 years was home-grown and completely free from any external influence and intervention. It was a traditional and indigenous conflict resolution method, which also lead to the implementation of the disarmament, demobilization, and reintegration processes. However, the country remained peaceful for thirty years and was free from acts of terrorism, piracy, and any other form of social and political instabilities.

Although Somaliland is not internationally recognized, the country enjoys symbolic trappings of statehood: it has a national flag, a currency, a national anthem, organized and powerful army with a mandate to defend the independence and territorial integrity of Somaliland, a passport that’s accepted by several countries including the UK, Ethiopia, Djibouti, Kenya, UAE, etc, and demarcated borders which are based on the colonial lines as per the Cairo Declaration on African borders in 1964.

Over the years, Somaliland, lacking any international assistance, has conducted a series of democratic free and fair elections where five different presidents succeeded the office. Sometimes an opposition leader won over an incumbent president and the transition of power was completely peaceful. Not only they have managed to hold presidential elections, but also a national referendum before that as well as parliamentary and local council elections were conducted. These elections were termed as free and fair by international observers. Moreover, Somaliland was the world’s first country to use iris recognition to register its voters.

Somaliland is also an example of freedom of press and expression. According to the last report of Freedom House, a US-funded organization based in the US, Somaliland is the most freedom country in the Horn of Africa, superior and way better than Ethiopia, Djibouti, Eritrea, Somalia, Sudan, South Sudan, Tanzania, and many other African countries.

Somaliland’s quest for recognition

The pursuit of Somaliland for recognition remained strong for many years, despite being overlooked by the International community. “Somaliland will remain independent even if we don’t get our rightful recognition for the coming 100 years ‘’ the former president H.E Ahmed Silanyo echoed at an occasion of 18th May commemoration, and that’s what every Somalilander of every age is going to tell to other parts of the world. The people are not hopeless, and despite their aspiration to be part of the International community, they also believe they can continue living and rising without recognition comparing their living standard with many countries which enjoy recognition from the outside world.

Also, an AU fact-finding mission visited Somaliland on the 30th of April 2005 and stayed the country for four days. They made a thorough assessment of the Somaliland situation and remarked in their report that Somaliland’s search for recognition is historically unique and self-justified, as such they recommended the AU to find a special method of dealing with this outstanding case.

As per the AU fact-finding report, there was an evident conviction and emotion among the Somalilanders that their “country” has all the attributes of an independent sovereign State, which they say the international community should objectively consider. Not only Somaliland satisfied the Montevideo criteria of statehood, but also achieved what most of the African and Arab countries failed to achieve.

In conclusion, as stated by the AU fact-finding mission to Somaliland, The lack of recognition ties the hands of the authorities and people of Somaliland as they cannot effectively and sustainably transact with the outside to pursue the reconstruction and development goals. The will of the people has to be respected and their accomplishment deserves to be rewarded, but it is never too late. Somaliland’s recognition could be a potential antidote to the problems of the Horn of Africa, and to that of their neighboring Somalia, in particular.

 

Ismail Adan is a sociologist and social scientist based in Nairobi. He is specializing in Disaster Management at University of Nairobi.

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Gov’t speaks out on repatriating Ugandans

By
Our Reporter
-
Mr. Ofwono Opondo.

 

 

The government has said plans are underway to begin repatriating stranded Ugandans with the process set to begin with a batch of nine citizens.

In a press statement,the Uganda Media Center Executive Director Ofwono Opondo said that 13 Ugandans will be repatriated and quarantined at their own cost .

Opondo released to the statement in an attempt to defuse growing anger after the government allowed tycoon Ben Kavuya to fly in his family from the United States.

In his letter,Mr Opondo revealed that Cabinet will on Monday finalize a draft paper to facilitate the return of many more Ugandans who wish to do so.

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#COVID-19: Uganda cases reach 227 as 24 truck drivers test positive

By
Our Reporter
-
Uganda's Health Minister, Dr. Jane Ruth Aceng.

 

The Ministry of Health has announced that 24 #Covid-19 cases have tested positive from 2558 samples and are all from truck drivers from the East African countries

The 24 new cases bring the total #Covid-19 cases to 227.

“Today, 16 May, 2020, 24 new #COVID-19 cases confirmed from 2,044 samples of truck drivers. This brings the total number of #COVID-19 cases to 227 in Uganda.
Elegu: 3 Ugandans, 2 Kenyans, Mutukula: 6 Tanzanians, 1 Ugandan, Malaba: 12 Kenyans”
On Friday, the Health Ministry posted “Today, 15 May, 2020, 43 new COVID-19 cases confirmed from 1,838 samples of truck drivers. This brings the total number of COVID-19 cases to 203 in Uganda. All 720 community samples have tested negative for COVID-19”

63 Ugandans and some foreign truck drivers have been discharged after successfully undergoing treatment.

Cases of Coronavirus were first reported in December last year in the Chinese city of Wuhan where it originated before hitting other parts of the world.

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