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PARLIAMENT OF THE REPUBLIC OF UGANDA
OFFICE OF THE LEADER OF THE OPPOSITION
ALTERNATIVE POLICY STATEMENT
INFORMATION AND NATIONAL GUIDANCE
FY 2014/15
NABILAH NAGGAYI SSEMPALA, MP
SHADOW MINISTER FOR INFORMATION AND NATIONAL GUIDANCE
JULY 2014
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TABLE OF CONTENTS
EXECUTIVE SUMMARY 3
LIST OF ACRONYMS 5
SECTION 1: BACKGROUND TO ALTERNATIVE POLICY STATEMENT 6
1. Legal Provisions/ sector mandate
2. Sector Overview/MDAs in the sector
SECTION 2: SITUATIONAL ANALYSIS OF MINISTERIAL POLICY STATEMENT 12
1. Budget Allocation
2. Key Activities/Outputs/Indicators
3. Gaps and linkages, opportunities and risks/implementation challenges
SECTION 3: ALTERNATIVE POLICY STATEMENT 18
1. Key focus areas/interventions
2. Key outputs
SECTION 4: CONCLUSION 20
Summary of alternative policies
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EXECUTIVE SUMMARY
We start with two quotes:
“Freedom of expression - in particular, freedom of the press - guarantees popular participation in
the decisions and actions of government, and popular participation is the essence of our
democracy” - Corazon Aquino, Former President of the Philippines
“Freedom of the Press, if it means anything at all, means the freedom to criticize and oppose”
― George Orwell
Vision
The Vision of the Ministry of information and National Guidance should be the attainment of a
united, democratic informed and prosperous Uganda with good governance through unhindered
access to information.
Mission
The Ministry of Information should exist to facilitate a multi-way free flow of timely and reliable
information and feedback between the Government and its various publics and to assist in the
protection of the safety and freedom of the information sector, including that of journalists, free
expression and constitutionalism.
Role of public broadcaster
In contrast with private radio and TV, delivering audiences to advertisers and wrapping Ugandan
ads around foreign programs, the public broadcaster's mission should be to illuminate Uganda for
Ugandans. UBC is not just a corporation, but rather an essential public service, like Mulago
Hospital. Its Board should be chosen at arm's length from patronage among the best and
brightest Ugandans, and that Board should have the authority to hire and, if necessary, fire its
CEO.
Uganda should adequately finance public broadcasting. Parliament should increase UBC’S budget
progressively by annual increments of UGX 10.0 Billion over the next five years, to make it the
most reliable source of official government information and alternative policy views.
Our alternative policy
Our alterative policies proposals aim at ensuring an information management regime that reflects
a multiparty democracy. They include;
Transforming UBC from being a state Broadcaster to a public broadcaster that serves a
multiparty democracy, thus weaning it from the clutches of the NRM party
Increasing funding to Uganda Broadcasting Corporation (UBC) to the tune of at least
UGX 10billion per year for the next five years, to equip it for its constitutional role to
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provide equal treatment to all Presidential Candidates in a Presidential Election and to
scale up civic education programming.
Constituting a new UBC Board should without regard to political affiliation, devoid of
patronage to ensure independence of the Public broadcaster
Enforcing Access to Information Act regulations to ensure compliance of government
agencies
Stopping Cadreship Training by Ministry of Information and National guidance (OPM)
since there is no agreed National Ideology
Discussing issues surrounding Digital migration further and explaining them fully to the
public, since there is a lot of policy confusion around the issue.
Ideological training and study tours proposed by the OPM should have a multiparty
objective and delegations should be chosen across political parties, since Uganda is a
multiparty democracy. The office of the Leader of opposition should be consulted on a
regular basis when constituting such delegations
Minister’s directive for compulsory free airtime on private radio and television stations
should be revisited for voluntary compliance by owners and time allocated equitably
between the NRM government and the opposition, which is the natural thing to do an a
multiparty democracy
Election rigging begins long before elections. The NRM should not rig the 2016 elections
by monopolizing public media to the exclusion of opposition views on the public
broadcaster, UBC.
Civic education should be intensified in the run up to the 2016 general elections. More
funds should be allocated to it and all political actors, including opposition parties and
civil society organisations of either affiliation should be provided access to the national
broadcaster. This will imply increase funding to UBC.
Interparty and civic society committee on Information and National Guidance should be
established to negotiate a National Vision and National values. What are being
propagated by the NRM Ministry of Information and National Guidance are ‘NRM
visons and values for the country’, not an agreed National Vision. For now, each political
party has its own “vision for Uganda”. This does not make it Uganda’s vision.
Allocating more resources to Media Council to cater for continued professional
development of journalists, since the quality of democracy in any society is as good as the
quality of its journalists.
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LIST OF ACRONYMS
OPM Office of the Prime Minister
NRM National Resistance Movement
UBC Uganda Broadcasting Corporation
TV Television
NDP National Development Plan
CAP Chapter
NIJU National Institute for Journalists of Uganda
UCC Uganda Communications Commission
FY Financial Year
IEC Information Education and Communication
MDA Ministries, Departments and Agencies
ATIA Access to Information Act
MP Member of Parliament
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SECTION 1
BACKGROUND TO ALTERNATIVE POLICY STATEMENT
1.0 BACKGROUND TO ALTERNATIVE POLICY STATEMENT
Rt. Hon. Speaker of Parliament;
Hon. Members;
This alternative policy statement has four sections and is structured as follows;
Section 1 gives the background to the alternative policy statement. Section 2 analyses the
Ministerial policy statement in respect of budget allocation, key outputs, gaps and linkages as
well as identifying opportunities and risks. Section 3 identifies the oppositions key focus areas and
key outputs. The fourth and last section summarizes out alternative policies.
1.1 The Department
The Information and National Guidance Department is under the political leadership of Hon.
Rose Namayanja, the Minister of Information and National Guidance.
The mandate of Information and National Guidance is twofold:
• To regulate the media and coordinate the dissemination of information on government
programmes and activities.
• To propagate the National Vision and mobilize the people to embrace National Values
and the Common Good.
1.2 Development of the Department
Originally called the Ministry of Information and Broadcasting in the period immediately after
independence in 1962, the department has undergone many changes especially in the 1990s
owing to the emerging media challenges. These changes saw liberalization of the media and the
creation of the semi-autonomous Uganda Broadcasting Corporation to take over Uganda
Television and Radio Uganda, the National broadcaster.
In addition to the proliferation of dozens of private FM radio stations, the Sector has also seen
the development of new media technologies like the internet thus necessitating the creation of
two different Ministries (i) Information and Communications Technology and (ii) Information
and National Guidance; the former in charge of technology and equipment and the latter in
charge of maintaining the standards of the content that is disseminated.
In 2006 Information was transferred from the Office of the President to the Office of the Prime
Minister with the additional role of National Guidance. The major activities are aimed at meeting
the overall vision of the NRM government;
"Transforming Ugandan society from a peasant to a modern and prosperous country within 30
Years with each household able to earn Shs 20m ($10,000) each year".
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Rt. Hon Speaker, Hon. Members,
Section 6E(2) of the Administration of Parliament (Amendment) Act, 2006 stipulates that Shadow
Ministers hold similar portfolios with corresponding functions of Cabinet Ministers in
government. To articulate alternative ministerial policy directions on behalf of the Leader of the
Opposition, Shadow Ministers study government Policy Statements and propose possible
alternatives as provided under Section 6E(4) of the Administration of Parliament (Amendment)
Act. The Shadow Minister is obliged to submit his Alternative Policy Statement to Parliament by
15th day of July every year as provided under Rule 136 of the Rules of Procedure.
I have the honor to present to you the opposition’s alternative policy statement in respect of the
Ministerial Policy Statement of the Office of the Prime Minister (Vote 003 Information and
National Guidance) for the Financial Year 2014/2015 for debate on the estimates of revenue and
expenditure and subsequent approval.
Rt. Hon. Speaker, Colleagues,
Let me start with two quotes:
“Freedom of expression - in particular, freedom of the press - guarantees popular participation in
the decisions and actions of government, and popular participation is the essence of our
democracy”
- Corazon Aquino, Former President of the Philippines
“Freedom of the Press, if it means anything at all, means the freedom to criticize and oppose”
― George Orwell
Vision
The Vision of the Ministry of information and National Guidance should be the attainment of a
united, democratic informed and prosperous Uganda with good governance through unhindered
access to information.
Mission
The Ministry of Information should exist to facilitate a multi-way free flow of timely and reliable
information and feedback between the Government and its various publics and to assist in the
protection of the safety and freedom of the information sector, including that of journalists, free
expression and constitutionalism.
Role of public broadcaster
In contrast with private radio and TV, delivering audiences to advertisers and wrapping Ugandan
ads around foreign programs, the public broadcaster's mission should be to illuminate Uganda for
Ugandans. UBC is not just a corporation, but rather an essential public service, like Mulago
Hospital. Its Board should be chosen at arm's length from patronage among the best and
brightest Ugandans, and that Board should have the authority to hire and, if necessary, fire its
CEO.
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Uganda should adequately fund finance public broadcasting. Parliament should increase UBC’S
budget progressively by annual increments of UGX 10.0 Billion over the next five years, to make
it the most reliable source of information and alternative policy views.
Foundation of our alternative policy
Freedom of expression, including freedom of the media, is guaranteed in the constitution and
supported by other pieces of legislation.
The Constitutional of the Republic of Uganda:
• Article 29 (1) (a) guarantees the right to free expression, which includes the freedom of
the media.
• Article 41 (1) gives every citizen the right of access to information in the possession of
the state.
• Article 43 (1) states that these and other fundamental rights shall be enjoyed as long as
this does not prejudice the rights and freedoms of others, or the public interest.
• Article 43 (2) (c) goes on to say that any such limitations should only be those
acceptable and demonstrably justifiable in a free and democratic society, or what is
provided in the Constitution.
Similarly, the Constitution’s Objective II.1 states “the State shall be based on democratic principles
which empower and encourage the active participation of all citizens at all levels in their own
governance”.
There are so many provisions of the Constitution that support freedom of expression. However,
while the Constitution guarantees free expression and of the media, there are a plethora of laws
that limit or take away this right. The Regulation of the Interception of Communications Act of
2010 was added to a long list of restrictive laws.
Media Council of Uganda issued New Regulations under the Press and Journalist Act, Cap. 105.
The Regulations signed by Minister of Information and National Guidance were gazetted on
10th February 2014 ostensibly to make the Council more effective and improve on the
Professional conduct of Journalists and Mass Media practitioners.
The Press and Journalist (Amendment of Fourth Schedule) 2014 No.5, a Statutory Instrument
addressing the professional code of ethics is one of the new regulations. This categorically states
its application:
"This professional code of ethics applies to all persons practicing journalism and for the purposes
of this code a person practices journalism if he or she is paid for the gathering, processing,
publication or dissemination of information; and such person includes a freelance journalist.”
The same instruments outline other areas that were lacking in the Schedule of 1995 when the Act
was enacted by Parliament to address the changing media environment. These include among
others, publication of Grotesque and gruesome pictures, obscene publications, intrusion into grief
or shock, protection of children, victims of sexual assault among others.
The Press and Journalist (Fees) Regulations. 2014, Statutory Instruments 2014 N0.4 is the second
set of the new regulations. This regulation spells out the fees specified in the Schedule that shall
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be paid in respect of the matters they relate to in the Press and Journalists Act, Cap. 105. The
Press and Journalist Act gives powers to the Minister by section 42 and section 40 (3) to make
regulations in consultation with the Council.
1.1 Sector overview
Sector overview: Programme 14 Information and National Guidance
1.2 Legal Provisions
A. Mandate
Article 108 A of the Constitution mandates, the Prime Minister to:
(i) Be the Leader of Government Business in Parliament and be responsible
for coordination and implementation of Government Policies across
Ministries, Departments and other Public Institutions.
(ii) Perform such other functions as may be assigned to him or her by the
President or as may be conferred on him or her by the Constitution or by
law.
B. Objectives
(i) To regulate, coordinate and disseminate government policies, programmes and projects
to the public for economic and social accountability.
(ii) To develop and nurture a National Value system based on a shared National Vision,
mindset change, beliefs and perceptions as well as popularizing government policies and
programmes to create nation-wide awareness for socio-economic transformation.
C. Outputs
(i) Meetings with various stakeholders in the media industry like media proprietors, owners,
editors and the practitioners coordinated to improve government media relations;
(ii) National and International events publicized;
(iii) Public officials sensitized on ATIA;
(iv) Leaders and members of the public sensate
(v) In and out of school youths mobilized and sensitized;
(vi) The Barazas initiative supported
(vii) Carry out cadreship training courses;
(viii) Identify land for the regional training institutes.
(ix) Field research, Pre-sensitization surveys and evaluations on national activities carried out.
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1.2.1 Operating environment and regulation
Journalists in Uganda continue to face intimidation and harassment from state and non-state
actors. The media operates in a tense atmosphere as the government seeks to rein in protests
demanding financial accountability. Government officials often accuse media houses of helping to
incite violence by giving airtime to voices of dissent. Verbal threats from officials, including the
president, engenders self-censorship, especially among less prominent rural media outlets.
Despite these obstacles, the independent media has remained vibrant.
In April 2011, after a delay of nearly six years, the government finally promulgated implementing
regulations for the 2005 Access to Information Act. Even after the release of the regulations,
many government departments still deny requests for information. Moreover, the parliament has
yet to enforce the law’s requirement that each ministry submit annual reports on the status of
implementation.
In 2012, then Information Minister Mary Karooro Okurut conceded to lawmakers that her
ministry had not done enough to enforce the regulations. Other laws related to national security
and confidentiality continue to impede open access to information in practice.
Media groups have expressed fear that the Press and Journalist Amendment Act, has enable
the government to manipulate the licensing and registration of media outlets and introduced
new publication offenses.
The 2000 Press and Journalist Act requires journalists to register with the government-affiliated
National Institute of Journalists of Uganda (NIJU) and obtain a license from the Media Council,
which has been criticized for lacking independence.
Journalists must also meet certain standards, including possession of a university degree, to be full
members of the NIJU. Although journalists are required to renew their licenses annually, this
provision is frequently overlooked in practice
The regulatory structure is not always transparent and grants broad discretionary powers to the
regulator. In September 2012, the parliament passed legislation that consolidated the 1997
Uganda Communications Act and the 2000 Electronic Media Act, effectively merging two
regulators, the Uganda Broadcasting Council (UBC) and the Uganda Communications
Commission (UCC), under the name of the latter.
The regulatory bodies’ licensing procedures are arbitrary and opaque, and are susceptible to
influence and manipulation by the executive. The authorities have continued to interfere in
private radio broadcasting, suspending a number of stations in recent years. Radio stations that
have faced suspension in the past often engage in self-censorship to avoid renewed conflict with
authorities.
Censorship and interference by authorities continues to hamper news coverage, particularly in
rural areas. In the countryside, government officials and security agents continue to intimidate
journalists and attempt to influence content by forbidding certain guests to appear on live radio
programs. The several radio stations owned by members of the ruling National Resistance
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Movement (NRM) avoid news that is deemed harmful to the government and deny opposition
politicians access to the airwaves, particularly in rural areas.
Journalists face harassment, occasional violence, and various other obstacles while attempting to
cover the news. Security agencies, especially the police, top the list of press freedom offenders,
with many cases of brutality against journalists reported annually.
Radio remains the most widely accessed news medium, though very few stations dedicate
sufficient time to news and public affairs programming. In recent years, the number of
community stations has grown across the country.
Although technically a public broadcaster, the Ugandan Broadcasting Corporation (UBC) remains
subservient to the interests of the ruling party and the government.
To safeguard their investments, private media owners comply with government requests,
including onerous instructions as to which journalists they may employ. Declining circulation rates
have compromised the sustainability of newspapers in recent years. Threatened or actual
advertising boycotts by corporations and the government, which are especially problematic for
smaller media outlets, further limit media diversity and pluralism.
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SECTION 2
SITUATIONAL ANALYSIS OF MINISTERIAL POLICY STATEMENT
2.0 Budget Allocation
Table: Vote Function 1301 Information and National guidance
VOTE FUNCTION PERFORMANCE
Code Description Approved
Budget
FY2013/14
(000s)
Release
(000s)
Percentage
Release
Projected
Budget
FY2014/15
(000s)
Percentage
Growth %
130104 National
Guidance
2,017,917 1,301,927 64.51 2,917,917 1.45
130105 Dissemination
of Public
Information
697,449 380,291 54.52 479,671 - 6.8
130151 Transfers to
Government
Units
1,000,000 750,000 75.00% 1,000,000 0
TOTAL 3,715,366 4,379,588 11.8
The minister is asking for UGX 2,917, 917 for the FY 2014/5 up from 2,017, 917 approved for FY
2013/014. An increase of UGX 900 million out demonstrable need for it.
The planned outputs for FY 2013/14 almost recycled for FY 2014/15 were listed as:
1. Media council operations strengthened.
2. Implemented Government Communication Strategy and Amended Press and
Journalist.
3. Sensitized key implementers on the Access to Information Act and Regulations.
4. Government information and communication coordinated.
5. Information packages and documentaries on Government programmes, IEC materials,
Literature produced.
6. Quarterly Prime Minister’s Newsletters produced and disseminated.
7. Coordinated Press conferences and weekly press briefings.
8. Draft Content Management Strategy presented.
9. Mass sensitization on migration from Analogue to digital technology carried out.
10. Regulations and Guidelines on the code of ethics in the media industry reviewed.
11. National Guidance materials developed and distributed.
12. Enhanced community participation in government programs (NDP).
13. Civic Education workshops for district and community leaders, students in school and out-
of-school conducted.
14. The National Vision, National Values, National Interest, National Objectives and
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National Common Good propagated.
15. To promote a positive mindset, attitudes, believes and perceptions of the citizenry.
16. Research on citizens’ comprehension of the National Vision and National Objectives
conducted.
17. Pre-sensitization surveys and field research conducted.
18. Draft National Guidance Policy Developed.
19. Four Regional Training Centers Established.
These outputs must be put to rigorous verification before any monies are approved for 2014/15.
In particular, the Filed research (Output 17 above) the Draft National Guidance Policy and the
four regional training centres deserve attention (Output 18 and 19 above).
The sub-county barazas of the previous year ought to be audited before new funds can be
released for the same purpose.
2.1 Key outputs planned for FY 2014/2015
The Ministerial Policy statement lists the following outputs;
Government policies and programmes enhanced and popularized
‘Draft strategic mass mobilization’ for National guidance produced
Study tours to selected countries to share experiences in ideological development
conducted
Media Policies Reviewed
National and International events publicized
Public sensitized on Analogue to digital migration
Selected countries visited for benchmarking and sharing experiences
MDAs supported in developing respective communication strategies
Improved Government Media relations
Implement the roll out of the Government Communication Strategy
Establish interactive Government Communication platforms
Audio Visual Communication and Documentation of Government Programs
UBC Activities supervised
Uganda Media Council Supervised
Public officials sensitized on ATIA
Carry out cadreship training courses
In and out of school youths mobilized and sensitized
Leaders and members of the public sensitized
The Baraza initiative supported
2.2 Activities to achieve outputs include
Engaging stakeholders on the Press and Journalist Amendment Bill 2010
Quarterly Releases transferred to UBCs
Transfer funds to Uganda Media Centre
Political Assistants Paid
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2.3 Gaps and linkages, opportunities and risks
Public Broadcaster
On 2nd
May 2005, the Uganda Broadcasting Corporation Act was assented to and Radio Uganda
and Uganda Television were merged. One of the objectives of the Act was to develop the
broadcasting bodies into a public national broadcasting center of excellence, for the purpose of
providing electronic media and consultancy services that educate and guide the public. Although
a technically a public broadcaster, UBC operates like a state broadcaster on most counts and as a
mouthpiece of the National Resistance Movement.
The Minister for Informational and National guidance seeks to use the public broadcaster for the
exclusive NRM purpose and also turn the media center into an NRM media center. This should
explain the three activities to support outputs listed above namely; 1. Quarterly Releases
transferred to UBCs 2. Transfer funds to Uganda Media Centre (Never mind that the media
Centre resides in the office of the President and not in the Office of the Prime Minister) and also
3. Political Assistants Paid.
Politicization of Ministry of Information and National Guidance
Other outputs and activities have no place in a multiparty democracy. The OPM’s ministerial
statement under Information and National Guidance has as output, “carry out cadreship
training courses”. It is not acceptable that money should be found to train NRM cadres using tax
payers’ money. Reference to so called “youth in and out of school sensitization” by the Mistry of
Information and National guidance also points to the same risk.
The OPM has sought to politicize Information and National Guidance but has done so for the
benefit of one party the NRM and wants the tax payer to pay for it.
Reference to “Study tours to selected countries to share experiences in ideological development
conducted” is suspect. Uganda does not have a single ideology, each political party expressing its
own. Unless the so called selected countries for study tours are multiparty democracies, this
output is unacceptable to the opposition and money should not be spent on retrogressive study
tours. The minister also asks for money for “Selected countries visited for benchmarking and
sharing experiences ” as a different output. This is misleading.
Compulsory free prime time airtime on Private media
In zealous pursuit to promote NRM on March 18, 2014 the Minister of Information and National
Guidance issued a directive during the national broadcasting forum:
“Each Radio and/or TV Station must allocate at least one (1) hour of free airtime every week
during primetime (6:00 am -10.00am) or 5:00pm to 10:00m).”
To that effect, Uganda Communications Commission (UCC) also ran a quarter page public notice
in The New Vision of 7tth April 2014 requiring all Radio and TV stations to identify the specific
hour of the week they have designated for government programs and communicate to UCC not
later than Tuesday April 8, 2014.
It is a classic case of government interference in other people’s business. The above directive is
likely to cause a lot of doubt by the business community on the ability of Government to meet
her running costs and if allowed to go ahead, it will set a very bad precedence.
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The move is likely to cause a high political risk assessment of Uganda by both local and
international investors. It is going to be unpopular directive with potential to send away
investors.
An hour of prime time is worth approximately UGX 5m for a top radio station and UGX. 10m
for a top TV station. That is a monthly cost of UGX 20m and UGX 50m for radio and TV
respectively. This is a huge cost to give away for free.
The business community has no assurance that such a directive won’t extend to newspapers,
magazines, telecom companies, utility companies, shops, supermarkets, petrol stations, real
estates, hotels, and a plethora of all businesses in Uganda.
Private Radio and TV stations already pay licenses and taxes. They are not government
institutions. They are private business driven by profits. They have loans and a plethora of other
obligations to meet. And have no obligation whatsoever, to offer their stock in trade –airtime –
to government by directive.
Should the private Radio and TV stations comply with the directive, then free time should be
split between the opposition, which also has the right to propagate its alternative views and the
NRM government.
Government’s undemocratic Highhandedness against the media
Although radio as a political space in Uganda has gained great ground since the colonial times, it
is still a highly contested space. The NRM government is aware of the medium’s political
potential given its capacity to simultaneously bring into public discussion a wide range of citizens
across socio-economic barriers like income, language, location and education and enable citizens
to hold their leaders accountable. Consequently they keep a close watch on it not just during
elections but also between elections.
Radio owners understand that their stations operate on one condition: that they steer clear of
“the invisible line beyond which free expression is simply not tolerated.” In the meantime,
though, technology is moving at an unstoppable pace, rendering previous tactics for policing the
media ineffective. The technological developments have increased the capacity of both journalists
and audiences to exercise their agency and enabled them to regroup think up new survival
strategies.
In May 2013, four media houses were arbitrarily closed for days by the Ugandan government,
Their reopening came after 10 days of heavy police deployment at their respective premises.
During that time, police engaged in running battles with journalists and civil society
organizations, who were protesting the closures. The media houses are The Daily Monitor
newspaper – together with its sister radio stations KFM and Dembe FM at Namuwongo in
Kampala – as well as Red Pepper, located at Namanve.
This is not the first time the NRM government was doing this. In September 2009 government-
influenced Broadcasting Council summarily closed the popular Central Broadcasting Service, or
CBS. The council closed the station as riots erupted in response to the government's decision to
block the Kabaka from attending a youth celebration in Kayunga. On September 10 and 11,
2009, the same council shut down CBS and three other stations, Ssubi FM, Radio Two (locally
known as Akaboozi), and the Catholic Church's Radio Sapientia, accusing them of inciting
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violence. While the other three eventually resumed broadcasting, CBS remained closed and most
of its staff unemployed for a longer period.
Access to information
Sensitization of Public officials to ATIA, Access to Information Act has not been accompanied by
the necessary regulations to enforce the Act. Further sensitization without regulation is a waste of
scarce resources.
Digital Migration
The ‘sensitization of the public on Analogue to Digital migration’ should not be isolated from
the sticking issue of the contest of UBC a competitor, being the sole manager of the digital
migration and the uncertain circumstances that postponed the digital migration deadline for
Ugandan airwaves which had initially been set for December 2013 last year. Before sensitization
this matter ought to be clarified.
Approved by Cabinet in April 2011, the policy framework was established to ensure a well-
regulated and smooth transition from analogue to digital broadcasting, a global mandatory move
as per the 2006 Geneva Radio Communications Conference.
The policy provided for the licensing of competent signal distributors that would control
broadcasters, but it allowed UBC a five-year monopoly as distributor, a move other broadcasters
protested.
The public protests against the move to favor UBC forced parliament into considering a review
of the policy and open up for other companies to compete for the signal distribution deal. The
development means that broadcasters will have options to choose the distributor they find
competent enough to serve them.
Supervision of UBC
Supervision of UBC activities should involve ensuring that as a public broadcaster it provides
space for alternative non NRM/non-government views and policies to be aired. It is strange for a
sitting government that directs free airtime from private broadcasters not to insist that the
opposition be provided space on public television. Taxpayers who finance UBC belong to all
political shades in the country. According to the UBC Act, it is the Editorial policy of UBC to
….” Voice public opinion and criticism of a given public policy in a fair and objective manner”.
The act also states the functions of UBC. … “Provide Radio and Television broadcast
programmes that contribute to social economic development with emphasis on national unity in
culture diversity”. Multiparty democracy is an expression of diversity and UBC should be
contributing to that unity through plural programming.
National Development Plan 2010/11 – 2014/15
The 441 page National Development Plan makes no mention of Freedom of the press or
freedom of the media. The only reference it makes to communication is when it discusses
Information and Communications Technology, ICT. In that section it points to the growth of the
broadcasting sector but no reference to the environment in which it should operate.
Legal Framework for the Media and Elections: The case of 2011 General Elections
The following discussion illustrates the need to mainstream plural and unbiased reporting by the
public broadcaster especially as the country prepares to go for another election in 2016.
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Pursuant to the Electoral Commission Act, the Electoral Commission has a duty to regulate all
aspects of the elections, including coverage in the media. This includes responsibility to ensure
respect for specific legal obligations applying to the state‐owned media regarding the election
campaign. Article 67 of the Constitution states that “all presidential candidates shall be given
equal time and space on the state‐owned media to present their programmes to the people”.
Similarly, parliamentary candidates should not be denied “reasonable access” to the state media
as specified in Article 22 (1) of the Parliamentary Elections Act. According to the laws, candidates
may also use private media for their campaigning. Following complaints by several parliamentary
candidates claiming to have been denied access to rural radio stations, the two official media
regulatory bodies, the Media Council and the Broadcasting Council56, issued a joint statement
on 17 November 2010. (Final EU Observer Report, 10th March, 2011).
The statement reminded proprietors of private broadcasting outlets that airwaves are held in
public trust, and that they should therefore not deny any candidate the opportunity to express
themselves through this public resource.
Despite these provisions, the media generally operate under few legal obligations and there is an
inadequate regulatory system to ensure that the media respect the provisions that do exist. The
Complaints Liaison Committee, the conciliation body established under the aegis of the Electoral
Commission together with media regulatory bodies, had no legal powers to compel media to
provide fair coverage and advised candidates and political parties who felt they were being
denied access to take their case to court.
The Committee also failed in its attempts at conciliation when two presidential candidates, Kizza
Besigye (IPC/FDC) and Olive Beti Kamya (UFA), complained about unequal coverage on UBC.
The Committee severely weakened its remaining credibility when it only began distributing the
“Code of Conduct of the Media” on 10 February, just six days before the end of the campaign
period.
The risks that we address through our alternative proposals for Uganda include:
Inadequate political will amidst enabling laws;
Diffusion of the NRM party and the State
Inadequate mainstreaming of multiparty democratic principles in government
programming
Slow domestication of international conventions on the Freedom of the media and access
to information
Uneven distribution of scarce resources the bulk going into non-productive areas;
Political instabilities;
Inadequate civic education
Endemic lack of focus of the OPM in which Information and National guidance is located.
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SECTION 3
ALTERNATIVE POLICY STATEMENT
3.0 Key Focus Areas
Transforming UBC from being a state Broadcaster to a public broadcaster that serves a
multiparty democracy, thus weaning it from the clutches of the NRM party;
Increasing funding to Uganda Broadcasting Corporation (UBC) to the tune of at least
UGX 10billion per year for the next five years, to equip it for its constitutional role to
provide equal treatment to all Presidential Candidates in a Presidential Election and to
scale up civic education programming;
Constituting a new UBC Board should without regard to political affiliation, devoid of
patronage to ensure independence of the Public broadcaster;
Enforcing Access to Information Act regulations to ensure compliance of government
agencies ;
Discontinuing Cadreship Training by Ministry of Information and National Guidance
(OPM) since there is no agreed National Ideology;
Discussing issues surrounding Digital migration further and explaining them fully to the
public, since there is a lot of policy confusion around the issue;
Ideological training and study tours proposed by the OPM should have a multiparty
objective and delegations should be chosen across political parties, since Uganda is a
multiparty democracy. The office of the Leader of opposition should be consulted on a
regular basis when constituting such delegations ;
Minister’s directive for compulsory free airtime on private radio and television stations
should be revisited for voluntary compliance by owners and time allocated equitably
between the NRM government and the opposition, which is the natural thing to do an a
multiparty democracy;
Election rigging begins long before elections. The NRM should not rig the 2016 elections
by monopolizing public media to the exclusion of opposition views on the public
broadcaster, UBC;
Civic education should be intensified in the run up to the 2016 general elections. More
funds should be allocated to it and all political actors, including opposition parties and
civil society organisations of either affiliation should be provided access to the national
broadcaster. This implies increased funding to UBC;
Interparty and civic society committee on Information and National Guidance should be
established to negotiate a National Vision and National values. What are being
propagated by the NRM Ministry of Information and National Guidance are ‘NRM
visons and values for the country’, not an agreed National Vision. For now, each political
party has its own “vision for Uganda”. This does not make it Uganda’s vision; and
Allocating more resources to Media Council to cater for continued professional
development of journalists, since the quality of democracy in any society is as good as the
quality of its journalists.
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3.1 Key Outputs
UBC transformed from being a “State Broadcaster” to a “Public Broadcaster” that serves a
multiparty democracy
Funding to Uganda Broadcasting increased
New independent UBC Board constituted
Access to Information Act regulations enforced
Cadreship Training by OPM discontinued
Issues surrounding Digital migration discussed and explained fully to the public
Ideological training and study tours have a multiparty objective and delegations chosen
across political parties
Minister’s directive for compulsory free prime time airtime on private radio and television
stations negotiated for voluntary compliance by owners and time allocated equitably
between the NRM government and the opposition.
Civic education intensified in the run up to the 2016 general elections.
More funds allocated for UBC the purpose of civic education
More funds allocated to UBC to strengthen its capacity to cover all Presidential
Candidates the next general elections as the constitution provides
Interparty Committee on Information and National Guidance established
Media Council funded to cater for continued professional development of registered
journalists
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SECTION 4
CONCLUSION
Summary of Alternative Policies
Transform UBC from being a state Broadcaster to a public broadcaster that serves a
multiparty democracy;
Enforce Access to Information Act regulations
Discontinue Cadreship Training by OPM (Information and National Guidance)
Issues surrounding Digital migration have to be discussed and explained fully to the
public;
Ideological training and study tours should have a multiparty objective and delegations
should be chosen across political parties;
Minister’s directive for compulsory free airtime on private radio and television stations
should be revisited for voluntary compliance by owners and time allocated equitably
between the NRM government and the opposition.
Election rigging begins long before elections: the NRM should not rig the 2016 elections
by monopolizing the public broadcaster;
Civic education should be intensified in the run up to the 2016 general elections.
More funds should be allocated to UBC;
Establish Interparty committee on Information and National Guidance
Allocate resources to Media Council to cater for continued professional development of
registered journalists.