In a report released 1st October 2010, Uganda, along with several other countries, has been implicated by the United Nations (UN) for committing war crimes and crimes against humanity in the Democratic Republic Congo, between 1993 and 2003. The crimes include systematic rape of women and girls; wanton torture and massacre of un-armed civilians; plunder of Congo’s natural wealth – including timber and minerals; and malevolent obliteration of civil infrastructure.
As expected, the Ugandan government summarily rubbished the report as "a compendium of rumours, deeply flawed in methodology, sourcing and standard of proof" and threatened to review its continued engagement in peace keeping missions in Somalia, Sudan (Darfur), Ivory Coast, and East Timor.
This is not the first time Uganda has been implicated for international crimes. In December 2005, the International Court of Justice ruled in the Democratic Republic of Congo vs Uganda case, that Uganda violated the principles of non-intervention under Article 2(4) of the UN Charter, and further violated international human rights and humanitarian law when it launched military operations in the DRC between 1998 and 2003. Uganda had pleaded self defence, but the Court explicitly rejected this claim, holding that Uganda should pay reparations to the Congolese government amounting to $10 billion.
The latest UN probe which was conducted between July 2008 and June 2009, sought to unearth evidence of war crimes and crimes against humanity that had not been documented before. The Congolese government has welcomed the report and reaffirmed its commitment to seeking international justice for all crimes committed. If indeed the International Court of Justice at Hague finds merit in the allegations, Uganda could be ordered to pay additional billions of dollars for reparations or witness convictions for responsible individuals.
While Uganda will certainly have its day in court at Hague, the chances of vindicating itself appear bleak. It its improbable that Minister Sam Kutesa will buttress his claim of a “…deeply flawed [investigation]…,” when some of the best investigators in UN based their conclusions on interviews with over 1,280 witnesses and a thorough review of more than 600 incidents.
Army Spokesman, Lieutenant Colonel Felix Kulayigye, argues that Uganda was denied natural justice since it was not asked about the allegations to get its “side of the story." Granted, “natural justice” would have added methodological rigour to the investigation, but it would not have altered the core conclusion of the investigation, i.e. that war crimes and crimes against humanity were unleashed against Congolese civilians over the 1993-2003 occupation of Congo by Uganda and other countries. It would be miraculous for any measure of “natural justice” to discredit evidence given by 1,280 witnesses. But for the comfort of Lt. Col Kulayigye, Uganda will certainly access “natural justice” at Hague.
The tendency for government or the Army to plead innocence – even in the face of overwhelming evidence of war crimes and crimes against humanity – should be a concern to Ugandans. The state should have the humility to admit that yes – crimes may have been committed during the occupation – not by the state as an institution though, but by individual elements within the institution. It should then proactively establish mechanisms, or support international efforts to identify, isolate and prosecute those individuals that may have perpetrated the crimes.
In that way, accountability for crimes committed would rest upon individual perpetrators, not the state or its citizens. It would also send a strong signal that those who commit war crimes and other related atrocities while on state duty will be held individually and severally accountable for their actions. The $10 billion reparation for the 2005 Hague conviction is bad enough; Innocent Ugandans should no longer be collectively punished for crimes committed by individuals or groups of individuals on state duty. It is unfair, unethical, and illogical. Without favour, the state must cooperate with the International Court of Justice to end impunity and render justice to victims of the Congo war crimes.
6 June 2010
Address professional negligence in the medical profession
Management theory warns us about the “arrogance of expertise” whereupon experts in any field—medicine, law, education, agriculture, engineering, economics, etc—as a result of mastering the mental map that defines their field, grow more confident that their reputation is deserved, and that their interpretation of situations is correct.
Because of this “arrogance,” experts become fixated and fail to recognise the limits to their knowledge. Eventually, they loose their intellectuality and succumb to rigor mortis—a medical condition that refers to the stiffening of muscles after death.
The “arrogance of expertise” has manifested itself in many forms in Uganda, with detrimental consequences. The collapse of numerous buildings under construction in Kampala and other areas; shoddy road works whose construction had been overseen by expert government engineers; the procurement and supply of sub-standard seed and other farm inputs to farmers by agricultural officials; loss of high profile legal cases in the courts of law by government—are some of the overt examples.
Disappointedly, government response to this “arrogance” has been too little and too late for many Ugandans. The medical practioners for instance enjoy extensive latitude to commit professional crimes without fear of consequences. There have been reports of patients left to die on their hospital beds by government doctors whose preference is to hawk their expertise in private clinics. Doctors who never have time to attend to and diagnose sicknesses end up prescribing inappropriate treatments by phone call to a nurse.
Two weeks ago, my four year old son was taken to Mengo Hospital for medical attention after developing some high fever. The pediatric doctor in-charge told us we had come at a time for his Bible School, and without carrying out any tests, prescribed some medicines—which we were reluctant to buy until a proper examination had been carried out. Another doctor in another medical unit prescribed a completely different course of treatment after doing the necessary tests. It took a lot of courage to reject “expert” advice from the Mengo pediatrician.
Of late, it has become a norm rather than the exception for expecting mothers to deliver by caesarian. A friend, who is a medical doctor recently told me that doctors order caesarian operations because they make quick money from it, considering that the average cost of C-section in Kampala is shs1,200,000. The doctor in-charge of the operation often moves away smiling with the lion’s share.
A wife to a close friend suffered a miscarriage after a Senior Gynecological Consultant at Kabale Hospital administered a strong dose of quinine injections even though he was fully aware that the mother was in advanced term. The mother recovered from her sickness, but she lost her baby. Even the nursing aid who was on duty that day confessed in private that quinine was probably not the best treatment for a mother in advanced term.
And I will never forget the mockery of medical expertise, when in 1997, my boss, an expatriate from Holland was advised by a Buhinga Hospital doctor that an injury to a nerve was responsible for the groin pain he was suffering. A second opinion from another doctor after failure of the “conservative treatment” prescribed for “the injured nerve” revealed that the groin pain was in fact due to hernia. The expatriate was operated upon and he instantly recovered.
Cases could go on and on ad infinutum, and although we don’t have statistics, it’s probable that a sizable proportion of the deaths occurring in hospitals could have been averted, or at least delayed if the responsible doctors had treated the medical condition differently. Yet, transgressing doctors are never brought to account for professional negligence as has happened to for instance, KCC engineers who presided over the shoddy CHOGM road works.
Deaths due to professional negligence continue to be generalized as “untimely;” and while the marauding medical quacks wait upon their next victim, bereaved families helplessly reel in eternal loss that could have been avoided or at least delayed. Surely, the bereaved deserve justice! “Arrogant” medical experts must account for their omissions and commissions.
Because of this “arrogance,” experts become fixated and fail to recognise the limits to their knowledge. Eventually, they loose their intellectuality and succumb to rigor mortis—a medical condition that refers to the stiffening of muscles after death.
The “arrogance of expertise” has manifested itself in many forms in Uganda, with detrimental consequences. The collapse of numerous buildings under construction in Kampala and other areas; shoddy road works whose construction had been overseen by expert government engineers; the procurement and supply of sub-standard seed and other farm inputs to farmers by agricultural officials; loss of high profile legal cases in the courts of law by government—are some of the overt examples.
Disappointedly, government response to this “arrogance” has been too little and too late for many Ugandans. The medical practioners for instance enjoy extensive latitude to commit professional crimes without fear of consequences. There have been reports of patients left to die on their hospital beds by government doctors whose preference is to hawk their expertise in private clinics. Doctors who never have time to attend to and diagnose sicknesses end up prescribing inappropriate treatments by phone call to a nurse.
Two weeks ago, my four year old son was taken to Mengo Hospital for medical attention after developing some high fever. The pediatric doctor in-charge told us we had come at a time for his Bible School, and without carrying out any tests, prescribed some medicines—which we were reluctant to buy until a proper examination had been carried out. Another doctor in another medical unit prescribed a completely different course of treatment after doing the necessary tests. It took a lot of courage to reject “expert” advice from the Mengo pediatrician.
Of late, it has become a norm rather than the exception for expecting mothers to deliver by caesarian. A friend, who is a medical doctor recently told me that doctors order caesarian operations because they make quick money from it, considering that the average cost of C-section in Kampala is shs1,200,000. The doctor in-charge of the operation often moves away smiling with the lion’s share.
A wife to a close friend suffered a miscarriage after a Senior Gynecological Consultant at Kabale Hospital administered a strong dose of quinine injections even though he was fully aware that the mother was in advanced term. The mother recovered from her sickness, but she lost her baby. Even the nursing aid who was on duty that day confessed in private that quinine was probably not the best treatment for a mother in advanced term.
And I will never forget the mockery of medical expertise, when in 1997, my boss, an expatriate from Holland was advised by a Buhinga Hospital doctor that an injury to a nerve was responsible for the groin pain he was suffering. A second opinion from another doctor after failure of the “conservative treatment” prescribed for “the injured nerve” revealed that the groin pain was in fact due to hernia. The expatriate was operated upon and he instantly recovered.
Cases could go on and on ad infinutum, and although we don’t have statistics, it’s probable that a sizable proportion of the deaths occurring in hospitals could have been averted, or at least delayed if the responsible doctors had treated the medical condition differently. Yet, transgressing doctors are never brought to account for professional negligence as has happened to for instance, KCC engineers who presided over the shoddy CHOGM road works.
Deaths due to professional negligence continue to be generalized as “untimely;” and while the marauding medical quacks wait upon their next victim, bereaved families helplessly reel in eternal loss that could have been avoided or at least delayed. Surely, the bereaved deserve justice! “Arrogant” medical experts must account for their omissions and commissions.
20 January 2010
Hon. David Bahati is politically naive!
Politics has often been characterised as a dirty game; dirty because those in politics will often use uncouth means to reach their egoistic political ends. As the 2011 elections draw close, the majority of the country’s politicians have given up sleep in favour of scheming for a rebound into their elected positions. It doesn’t matter how they bounce back; they will tell you---if you ask them---that the end will justify the means!
One of those politicians seething with political anxiety is David Bahati, the Hon. MP for Ndorwa West. A first time legislator representing one of the most impoverished communities in Uganda, he has throughout his tenure struggled to make his voice heard on critical issues of nation-building and rural livelihoods transformation. Indeed, independent assessors have ranked him among the least performing MPs in the current parliament. For a first-time legislator without any political history---at least before his accession to parliament, this is perhaps not surprising! What is surprising is his machinations to get political recognition by sponsoring an utterly useless piece of legislation – the anti homosexuality bill!
Hon, Bahati hopes that the anti-homosexuality bill (whether successful or not) will help him claim political visibility a head of the 2011 elections! That’s playing dirty! If you asked his constituents, or even the general populace as to whether they think homosexuality is an issue, the answer would overwhelmingly be negative. Even to those who think it is a problem, they will most likely put it low in the rung of priorities.
Most Ugandans are concerned that: one in three Ugandans sleeps hungry every day; nearly 70% of the population in Northern and Eastern Uganda lack access to even the most basic necessities of life such as clean water; and 130 out of every 1,000 children die before their 5th birthday. The country’s maternal mortality ratio of 505 per 100,000 live births implies that 16 women die every day due to pregnancy-related factors – partly because only 38% of pregnant women have access to skilled birth attendants and professionals. Worst still, allocated government resources which would otherwise alleviate these problems are siphoned with impunity.
Homosexuality doesn’t cause any of the above priority concerns, therefore the anti-homosexuality bill is either irrelevant, or for Hon. Bahati’s comfort, untimely! Unfortunately for Hon. Bahati, President Museveni distanced himself from the bill while opening the National Resistance Movement conference in Entebbe on 12th January – citing the need to balance national principles with foreign policy interests. With a parliament which votes according to the whims of the President, it will be a miracle if the bill sails through!
Hon. Bahati failed to realize that his bill does not build political capital for the NRM and therefore will not be embraced by government. And because he is politically naive, he couldn’t predict the potential negative impact of the bill on Uganda’s foreign policy relations, and whether government would be willing to jeopardize these relations for the sake of an irrelevant piece of legislation.
If he thought the bill would strengthen his credentials for a ministerial portfolio – say Ethics, that’s now unlikely given the negative publicity the draft bill has generated among Uganda’s development partners abroad. Hon. Bahati’s appointment as a Minister would be a PR disaster for Uganda. At the local level, the bill is unlikely to help him consolidate his political capital because it’s irrelevant for Ndorwa West constituents. In fact, it is more likely to provide ammunition to his political foes who would argue that the MP lost touch with local development priorities during his tenure.
Hon. Bahati doesn’t have to be like the protagonists of Chinua Achebe’s two novels: Things Fall Apart and No Longer at Ease. The first is about the warrior Okonkwo, who hangs himself in despair after his clan’s men betray him by refusing to join him in the war against colonialists. The second is about Okwokwo’s own grandson Obi, who despite seeing himself as a pioneer for cultural adaptation and ethical values; he becomes a victim of circumstances and is eventually convicted of bribery in a court of law. Hon. Bahati can, and should do better next time!
One of those politicians seething with political anxiety is David Bahati, the Hon. MP for Ndorwa West. A first time legislator representing one of the most impoverished communities in Uganda, he has throughout his tenure struggled to make his voice heard on critical issues of nation-building and rural livelihoods transformation. Indeed, independent assessors have ranked him among the least performing MPs in the current parliament. For a first-time legislator without any political history---at least before his accession to parliament, this is perhaps not surprising! What is surprising is his machinations to get political recognition by sponsoring an utterly useless piece of legislation – the anti homosexuality bill!
Hon, Bahati hopes that the anti-homosexuality bill (whether successful or not) will help him claim political visibility a head of the 2011 elections! That’s playing dirty! If you asked his constituents, or even the general populace as to whether they think homosexuality is an issue, the answer would overwhelmingly be negative. Even to those who think it is a problem, they will most likely put it low in the rung of priorities.
Most Ugandans are concerned that: one in three Ugandans sleeps hungry every day; nearly 70% of the population in Northern and Eastern Uganda lack access to even the most basic necessities of life such as clean water; and 130 out of every 1,000 children die before their 5th birthday. The country’s maternal mortality ratio of 505 per 100,000 live births implies that 16 women die every day due to pregnancy-related factors – partly because only 38% of pregnant women have access to skilled birth attendants and professionals. Worst still, allocated government resources which would otherwise alleviate these problems are siphoned with impunity.
Homosexuality doesn’t cause any of the above priority concerns, therefore the anti-homosexuality bill is either irrelevant, or for Hon. Bahati’s comfort, untimely! Unfortunately for Hon. Bahati, President Museveni distanced himself from the bill while opening the National Resistance Movement conference in Entebbe on 12th January – citing the need to balance national principles with foreign policy interests. With a parliament which votes according to the whims of the President, it will be a miracle if the bill sails through!
Hon. Bahati failed to realize that his bill does not build political capital for the NRM and therefore will not be embraced by government. And because he is politically naive, he couldn’t predict the potential negative impact of the bill on Uganda’s foreign policy relations, and whether government would be willing to jeopardize these relations for the sake of an irrelevant piece of legislation.
If he thought the bill would strengthen his credentials for a ministerial portfolio – say Ethics, that’s now unlikely given the negative publicity the draft bill has generated among Uganda’s development partners abroad. Hon. Bahati’s appointment as a Minister would be a PR disaster for Uganda. At the local level, the bill is unlikely to help him consolidate his political capital because it’s irrelevant for Ndorwa West constituents. In fact, it is more likely to provide ammunition to his political foes who would argue that the MP lost touch with local development priorities during his tenure.
Hon. Bahati doesn’t have to be like the protagonists of Chinua Achebe’s two novels: Things Fall Apart and No Longer at Ease. The first is about the warrior Okonkwo, who hangs himself in despair after his clan’s men betray him by refusing to join him in the war against colonialists. The second is about Okwokwo’s own grandson Obi, who despite seeing himself as a pioneer for cultural adaptation and ethical values; he becomes a victim of circumstances and is eventually convicted of bribery in a court of law. Hon. Bahati can, and should do better next time!