Toying with the law? Reckless manipulation of the legislature in Museveni's Uganda | op... - 0 views
www.opendemocracy.net/...e-in-museveni%e2%80%99s-uganda
africa development international governance museveni uganda
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Among the many factors impacting on the bill’s fortunes over time, however, its use as a political instrument by various actors at specific moments has been widely acknowledged. Less commented on has been the degree to which this fits in a broader pattern of behaviour in Uganda since the mid-2000s, and the implications of this trend for Uganda’s fragile democracy.
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These issues are explored in a new research article on the politics of lawmaking in Uganda, which examines how the government uses the legislature to make political gestures aimed at outmanoeuvring particular opponents, often stimulating violent urban protest and even more violent government crackdowns in the process.
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The politics of this odious law is further laid bare the more that it is trumpeted as evidence of independence at home while being dismissed as meaningless abroad.
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The fact that Uganda’s law-making processes are frequently protracted, contested and highly visible clearly relates to the fact that the country has undergone substantial democratization since Museveni took power in 1986. Often, if not always, parliament really does fight back and the media really does expose the details of political debate. The government cannot avoid new laws being scrutinised, and in this respect it is unsurprising that law-making processes should become difficult and politically charged. Yet the relationship between democratization and law-making is not as straightforward as this might suggest.
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In Uganda, more often than not the politics is bound up in the drafting, debating, postponing, opposing and (sometimes) eventual passing of the law; essentially, the symbolism of the law, after which implementation commonly recedes into the background.
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there is another other side to the democratization coin: it has spurred the executive to develop a toolkit of strategy and tactics to manipulate these democratic institutions and exploit them for political gain.
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It is perhaps a measure of the government’s tendency to view the legislature as a place for forging symbolic political gestures, rather than generating laws to bring about concrete changes to the country, that one of the bills being currently drawn up is a ‘Patriotism Bill’ which aims to legally obligate people to ‘love their country’.
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Although the government may be more concerned with the political manoeuvring a bill facilitates than the effect of the law-as-implemented, the letter of the law is often taken very seriously by others, both internally and abroad.
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Having soured many alliances through the Anti-Homosexuality Act, it would not be surprising if Museveni now used a new piece of draft legislation, which is essentially an ‘anti-NGO’ bill, to try and gain traction with donors again, agreeing to pull back on the new law if aid keeps flowing. In other words, now that the ‘Anti-Homosexuality’ legislation has passed, it cannot be used for political bargaining, so the government has drawn up a new bill with the potential to fulfil that role.
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Herein lies the recklessness of such legal manoeuvring. New laws, whether passed or merely proposed, are meaningful to those they are seen to ‘target’, and as the journal article argues, can be linked to many of the violent protests in Uganda in recent years. New laws are also something taken especially seriously by foreign donors; unlike many of the other shortcomings or crimes of the Ugandan government, when something egregious is codified into law it invites aid cuts that can make life even harder for many Ugandans.
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the ‘legal gymnastics’ we see are a feature of entrenched semi-authoritarianism rather than full dictatorship.
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In more ‘total’ dictatorships, oppressive laws can be passed quietly and swiftly, with no such ‘gymnastics’ necessary: Uganda only has to look over its southern border to Rwanda, or back to its own history, to see that.
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Unlike in situations of ‘total dictatorship’, Uganda’s democratic institutions are active enough to cause the government serious headaches. The country thus finds itself stuck in a cycle of semi-authoritarian democratic manipulation.