Archive for Human Rights Advocates Program

Kagame’s third term bid and the African Union’s silence

By Sylvester Uhaa, former Human Rights Advocate at the Institute for the Study of Human Rights, at Columbia University

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I read with concern a report regarding a referendum to amend Article 101 of the Rwandan Constitution to allow President Paul Kagame another seven year term. A few days ago, the Rwandan Senate voted to allow him a third term.

d4388b385c0844d39574a83eb34f9873_18Kagame ascended to power in 2003 and was re-elected in 2010. By 2017, he will have spent 14 years in power as President. With the referendum likely to be in his favour, his victory at the polls will allow him to be president for 21 years.

It was with great discomfort that I first heard about this on CCTV News last April, at the peak of the political turmoil in Burundi, following President Pierre Nkurunziza’s similar moves for a third term. Nkurunziza succeeded, but not without the bloodshed of thousands of people, with thousands more continuing flee the country for safety. As the crises heightened, the EU and Brussels have also asked their citizens to leave.

I am not from that region, and I do not happen to be an expert on Rwandan politics, but I am an African who is concerned about the spread of tenure elongation on the continent and its implications for peace, political stability, economic growth, the rule of law, and human rights.

Experience has shown that constitutional amendments for third term ambitions in Africa often trigger violence by opposition or other interest groups, either for the sake of protecting the constitution and the rule of law, or simply out of mistrust for the entire process. There is no guarantee that this will not happen in Rwanda, if not now, then later. The voices of the 10 individuals who opposed the referendum, out of the over 10 million who voted for it, according to the AFP report, could multiply into thousands and even millions of opposing voices and throw the country into chaos. For a country that is just beginning to heal from the wounds of the 1994 genocide, this would be catastrophic.

Most fundamentally, tenure elongation undermines the rule of law and citizens’ right to choose their leaders, which along with the freedoms of expression, religion and association, form the foundations of democracy.

1411335851SenatorsArticle 101 of the Rwandan Constitution sets the tenure of the president at two terms. Of course, constitutions are not written in stone, and a referendum is a legitimate and legal process by which to amend a constitution. However, the amendment of constitutions should not be solely in the interest of a single individual, as it would be in this instance. Africa needs leaders who uphold, defend and protect the rule of law and human rights, not those who bend, amend, manipulate, misinterpret, and violate human rights to suit their personal interests.

Another concern is the precedent this might set for the future. Are the Rwandan people really prepared, for the sake of one man they like, to risk coping with future presidents they may not like for 21 years or more? While this is too much of a risk in my opinion, the recent referendum seems to suggest that it is one Rwandans are willing to take.

How can anyone be sure that Kagame, unlike Oliver Twist, will not ask for a fourth term? Why did he not groom a successor, who would continue his policies and style of governance if he is doing this for the sake of the people, as he says? Even the idea of grooming a successor is not entirely democratic; the people must be allowed the right to choose freely those who will lead them. But it is a lesser evil compared to tenure elongation by the same individual.

I am also worried that Rwanda will add to the number of African nations who have yielded to the strong, autocratic and manipulative influence of rulers who will do anything to stay in power. This would increase the popularity of power elongation on the continent.

Kagame’s third term bid might rekindle ethnic tensions in a country that has not forgotten the horrors of the 1994 genocide. Obama’s words in Ethiopia in July may be instructive: “When a leader tries to change the rules in the middle of the game just to stay in office, it [the country] risks instability and strife, as we’ve seen in Burundi. And this is often just a first step down a perilous path.”

Paul Kagame

Under international law, the international community has the responsibility to protect (R2P) citizens of a State when that State fails to do so itself. This responsibility has three aspects – the responsibilities to prevent, to react, and to rebuild. The most important of these is the responsibility to prevent.

If world leaders are serious about the R2P doctrine, then this is the right time. A stitch in time saves nine!

I applaud the condemnation of the military coup by the African Union (AU) in Burkina Faso and the intervention to restore civilian rule in that country. But I fault the silence of the AU on the ‘civilian coup’ by President Pierre Nkurunziza in Burundi, and the coup currently being staged by President Kagame to overthrow both the rule of law, and the constitution  of Rwanda,  and the right of the Rwandan people to freely choose who will govern them.

The international community must apply every diplomatic and other means to stop Kagame from overthrowing the will and right of the people to freely choose their leaders. The Constitution of Rwanda sets the president’s tenure at two terms, and upholding this and the rule of law is the same as upholding the foundations of democracy.

 

Sylvester Uhaa is the Executive Director of CURE-Nigeria. He was a human rights advocate at the Institute for the Study of Human Rights at Columbia University in 2013 and is currently a Commonwealth Scholar in International Human Rights Law at the University of Oxford, UK.

Notes from the Field: Securing Women’s Land Rights in the Acholi sub-region in Northern Uganda

By Allison Tamer, MA student in the Human Rights Studies program at Columbia University

For many people living in Northern Uganda, land is their only means of survival. Land is such a prized possession that disputes over land is a common occurrence, frequently escalating into aggressive and sometimes violent situations.  For example, one man in the Amuru district attempted to poison a village’s water source so he could take over the deceased’s land. In 2010, a family in the same district lit another family’s home aflame during the night over a land dispute. This act of violence took the lives of two young girls who were sleeping during the attack.

As land conflicts intensify in this region, the situation for women and their right to land seems to be getting worse.  Gender and socio-cultural factors compounded with the aftermath of the two decades of civil war in Northern Uganda has made the struggle for women’s right to land more difficult.

Women’s land rights are protected under Uganda’s 1995 constitution and the Land Act 1998, which defines the types of land ownership that are legally recognized. In Northern Uganda, however, the majority of land ownership is under the customary tenure system and is typically passed from one generation to another. This type of land ownership is guided by informal rules that are reinforced by the Acholi traditional clan structure.  This means that land is under the custody of clan heads (i.e., family heads) and elders, who are almost always men. Often times, male clan leaders refuse to grant their female relatives land ownership, as they believe that land should be transferred through male heads of household.

The customary land tenure system makes it difficult for women to navigate and advocate for their land rights.  Many widows, divorcees and separated women are denied land by their own relatives, and live, often with children to support, in misery and destitution. In a non-industrialized region with low unemployment, having nowhere to farm means no food on the table or money for children’s school fees

This summer, I worked with Charity for Rural Development (CHAFORD) in Gulu, Uganda. CHAFORD teaches women how land ownership can improve their livelihood and how they can protect themselves from unforeseen circumstances such as divorce or widowhood.  CHAFORD formed one group of about twenty-five women in Attiak, a sub-county in the Amuru district, and provided them with a safe outlet to discuss their land rights and receive educational training in the value of land ownership.

CHAFORD understands that women must have the economic means to purchase land in order to truly exercise their rights to land. Therefore, CHAFORD works with women in various ways to increase their income through training in various vocational skills, providing seedlings and facilitating village savings and loans associations so that the women can buy land.

Photo: Allison Tamer

During the summer, I met Alice, an active member of CHAFORD’s land rights group. She was the first and only member of the group to purchase land. When I spoke to Alice, she explained to me how the land rights group inspired her to follow through with her goal of purchasing land. CHAFORD’s staff, along with the women in her land rights group, motivated her to start a butchery business so that she could obtain the income necessary to buy land. Two years later, she purchased a piece of land under her name. She said that she hopes her two daughters will follow her example and own land one day too.

CHAFORD takes small steps to create change in the communities where they work. While there are many local NGOs working in Northern Uganda, few are working specifically on land rights for women. In addition, many NGOs including CHAFORD are quite young, and lack the resources and institutional capacity to tackle women’s land rights in a consistent and long-term way.

Women in the Acholi sub-region of Northern Uganda encounter multiple barriers in claiming their land rights. The most significant obstacles to securing women’s land rights can be found within the customary tenure land system. Women’s land rights will not improve until there are effective, long-lasting solutions to overcome the many dimensions that impede women’s access to land. Until this is done, local NGOs in Northern Uganda will continue to struggle to secure women’s land rights.

Allison Tamer is a M.A. candidate in Human Rights Studies at Columbia University. She was a participation in the Institute for the Study of Human Rights Graduate Student Volunteer Program in Gulu, Uganda this summer.