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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.

Page | 18

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.

Page | 19

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

Page | 20

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.