A HOLISTIC APPROACH TO HUMAN
RIGHTS IN
UGANDA:
CHALLENGES TO THEOLOGY AND
PHILOSOPHY
The topic of this chapter refers to human rights expressed in Runyoro/Rutooro
(R/R) as obugabe bw’obuntu or bw’obuhangwa and in Luganda as
Eddembe ely’obwebange or
ely’obuntu.[i]
This means in brief that the human being has been freely and absolutely given
personal attributes
without having applied for or been consulted; these essential and
core commodities are had from
creation or birth, and noone has a right to
take them away.
Needless to say, in the disciplines of life
studies
or religious studies,
the giver of such inalienable rights is universally recognised
as the most important and generous reality in the cosmos.
The paper proceeds from the assumption that peace has always
been a sine-qua non for the enjoyment of any type of human rights reflection
on this topic
and the challenges from related theological and
philosophical perspectives is based on the fact that
peace cannot be secured merely by philosophy, law, peace
agreements or peace-keeping forces.
It is generally known that religion and
philosophy concern themselves with metaphysical and moral questions that long
have occupied
the consciousness of human
beings in Africa. Where do we come from? Why is there suffering? For what
purpose do we exist on earth?
Is there life after death? What is
good and evil? Is
there a
Creator? These and related questions are of great
concern to all human beings,
no matter what their academic disciplines.[ii]
This calls for is
the justification for discussion
of
the theological and philosophical challenges related to human rights.
Although we do know that knowledge in various fields of study interrelates,
it is sad to note that all too often some modern scholars prefer to concentrate
only on their own field of study. With proverbs like, amagezi
murro bagwiiha nju endi,
meaning that knowledge
and wisdom are essential commodities that
one gets from another house, the African traditional wisdom has some insights to
offer. It advises, the joy of discovering new knowledge and wisdom that should inspire
scholars to communicate their findings with love and in terms their audiences
can understand. People should not hesitate to borrow useful knowledge, wisdom
and enlightenment; they should
be most willing to listen to others lest their knowledge
becomes superficial and imprecise.
A related proverb in Runyoro/Rutooro
and other African languages says, (akaana)
akatabunga kagamba ngu nyinako nuwe acumba obunura: the
child who does not visit believes only its mother cooks the sweetest dishes! In
relation to this, we have some teaching from Confucius of
China who said: “A gentleman can see a question from all sides without bias.
The small man is biased and can see a question only from one side.”[iii]
We are committed here to
seeing questions from all sides for there is no single
discipline nor local prescription that can solve all the problems
facing humanity,
especially during this new millennium.
Before seriously reflecting on obugabe
bw’obuntu or bw’obuhangwa in
Runyoro/Rutooro and on Eddembe ely’obwebange or ely’obuntu in Luganda, let us recognize the cultural impact of
two
alternative views concerning the topic that
have influenced our understanding and practice of human rights.
A
legacy from the West for centuries has taught a high anthropology,
placing human beings over all created beings. It has considered the human being to
be above nature as
the apex of the whole creation.[iv]
Underlying this claim has been the inalienable dignity believed to have derived
from the biblical assertion that “man is created in the image of God” (Gen.
1.26b, 27).
This
has
been identified as the source of human rights.[v]
Together
with the command “have dominion” (Gen.1.28b) it has been the
theological basis for the claim
that human beings are superior to other
creatures. Nonhuman created beings were considered
inferior and,
at best,
fit for human use and dominion:
Descartes said, “Man is the Lord
and owner of nature.”[vi]
Some modern Western theologians have now concluded that
this inherent Western anthropocentrism and the domineering attitude of humans
has done much violence against the whole of creation. From the African point of
view, this traditional Western theology and philosophy is not only different
from the traditional African perspective, but has
limitations. We want to recognise
the impact these have had on African
culture,
which had been considered
a bygone story.[vii]
This paper argues
the need to consider very seriously the alternative worldview of the African
ancestors concerning obugabe bw’obuntu or bw’obuhangwa in Runyoro/Rutooro,
and ely’obwebange or ely’obuntu in Luganda as
indicated in the topic. In this connecting
African ancestors always had, and passed on,
a dual understanding of human rights: one, the
understanding of Runyoro/Rutooro or eddembe
human
rights in relation to the rights of the whole of creation, the other is
human rights in the context of human relationships.
Concerning human
rights and the rights
of the whole of creation,
traditional
African practices and beliefs contain many values that protect and promote human
rights and those of all of creation. Basic to
the African understanding is an
all-important eco-worldview. People claim their identity as deeply rooted in
nature: the land is the peoples’ life and identity,
to a point where the Baganda and some of their neighbours call a human being, omutaka.
The root word taka means “soil”:
hence that the omutaka becomes the person, son
or daughter of the soil is clearly
understood by the people. People live and grow up with nature;[viii]
they
feel one with it and this closeness
with nature and the whole of creation is central to their understanding
of their existence. The meaning and uniqueness of being human can only be found
in relation to the rest of creation.
African
traditions speak of this
interrelatedness of all. These traditions include
the Master Creator or God in English, the number one Mutaka,
human beings and the world. The human relationship with the whole of creation
is characterised by mutual
respect and interdependence, accentuated
by common responsibilities in caring for God’s created world. For
centuries African have
had this vision of a spiritual continuum within which the dead and the living,
natural objects, spirits, divinities, the individual, clan and tribe, animals,
plants, minerals and humans form an unbroken hierarchical unit of spiritual
forces.[ix]
With regard to the understanding of human rights in the context of human
relationships, the African legacy teaches that the human self is not only an
individual self, but an extended universal self, present and
actively participating in all parts of the human totality.[x]
Human rights
are perceived as universal with different personal, social, regional or
provisional conceptualisations
or interpretations. Thus in African history, human rights cannot be understood
apart from the rights of all of creation,
including even the
rights of the dead, nor can the dignity of the person be understood apart from
the dignity of the whole of
creation. People argue, that we do not have the
right to what we have not created.[xi]
In African society one is always a member of a community that comprises
God, the living and the dead, and the entire cosmos. On the purely human level,
one prominent practice has always been that important decisions are taken by the
family sitting around the hearth. Many
creation myths picture all creatures discussing together animatedly, consultating
and arriving at consensus after having taken into
account the words of wisdom and guidance from Ruhanga
(God).[xii]
This is indicative of the universal family that requires
the participation and cooperation of all its members
in decision-making
and in carrying out given responsibilities
according to that cultural
protocol of each.[xiii]
The Ganda cosmology today
has the chain of authority in the cosmos ranging in descending order from Katonda (God) to Kabaka
(king-human), to Mukulu
w’akasolya (head of the kika
clan), to
ow’amasiga (head of the line of one’s great-grandfather),
to
ow’omutuba (head of the line of
one’s grandfather’s brothers and sisters), to
ow’olunyiriri (the line of one’s grandfather), to
luggya (the large family of uncles,
aunts, cousins, nieces) and to
ekka (the nuclear family).[xiv]
The whole of creation
is depicted as one of co-workers and
partners with responsibilities that involve caring for God’s created world. It
is in this God given relationship among all creatures and human kind that the
rights of all creation are founded. In other words, the basis of the fundamental
rights of the whole of creation is God’s right.
The above means that God owns and claims all creatures and the whole of creation.
This entails,
for creatures—human beings included—that rights in their
true sense are gifts from God and never a privilege granted by the state or society.
Moreover, human
rights are
community or social rights: no rights can be
exercised apart from one’s relationships, service and
responsibilities. Hence,
the ultimate court of appeal for justice is always God, to whom appeals
of justice are addressed regarding all
aspects of life: political,
economic, religious and social.
However,
many
Euro-American
nations have seriously critiqued the above point of view, and instead have
enthusiastically praised extreme individualism and sexual liberation. These
trends to lead to the breakdown
of the family,
drug abuse and AIDS. In effect, the leading
ideologies in Euro-American
nations such as Christianity, Marxism, Socialism and a few others have so far
failed to provide solutions to the fundamental problems related to the issues of
human ethics and morality.
The
issue remains of
what should be done to prevent immorality. Many solutions have been suggested
including the
urgent need to reestablish
conjugal love, which founds family ethics and
then expand to social and state ethics.[xv]
Additionally, cosmic oneness means all creatures are interrelated under
their Creator. The kinship-family relationship refers to the African folktale that
people,
and all creatures for that matter, originated from the bowels of the Earth. When
they come out, Kyozaire is the
mid-wife and their first
baby-sitter.[xvi]
When the Earth is symbolically perceived as giving birth to people,
mushrooms and other creatures, she is perceived as the
most generous mother who not only gives birth to the people,
but nurtures and sustains them by the produce of the land. She commands the
highest respect from all creatures. This explains why issues concerning the
soil, mother earth,
and human mothers are among the most
sensitive.[xvii]
The closeness of Africans with nature and other created beings is further
seen in the practice called totemism in
English. Many blood-lineages (clans),
social lineages, or even spiritual
lineages trace their origins to a totem animal or
plant or other creatures. In Makerere University, and reminiscent of the
centuries old custom, there are members of the community known as elephants,
crocodiles, spirits, rats, goats, boxers and so on.
In
the larger
Ugandan society are the
Baganda people with their 52 bikka,
the Banyoro-Batoro with their 83 enganda,
and the Luo of Uganda and Kenya with their 99 blood-lineages each and everyone
of them claiming affinity with some totem. Of course, we find a number of
individuals whose identity is tagged to the Creator.[xviii]
In the African culture, totems command a great deal of respect because some
clans trace their origin to the totem animal or plant. People do not eat their
totem animals or plants, which would be tantamount to destroying their
ancestors. That animal
or plant is accorded a status that ensures
protection.
Hence, even today, with modern philosophy and theology in Africa, totems
are
accorded a status that ensures their protection, while members
of a given blood-lineage recognize solidarity and
oneness with the totem.[xix]
To do otherwise would be
highly unethical. Thus, Africans have
long viewed creatures or nature as having personalities which emanate a
warmth of fellowship and maintain a mystic
kinship with them. This contrasts strongly with
Western traditional understanding of creatures as mere commodities for human
use.
What some philosophers and theologians are saying now in Europe and Asia
has
long been present in African traditions; they are not new ideas.
What
may be
new is that they have not been used for modern philosophical and theological
articulation. This is the challenge to current
philosophers and theologians in Africa.
Because of the
rejection of the African traditional perception of human rights and the focus
only on human beings, today humanity as a
whole is facing many dangerous problems. The greatest of these is the
possibility of global war and nuclear disaster,
which could occur only too easily amidst the struggles, confusion and conflict
of ideologies, owing to the absence of a correct
value system.
Without denying the existence of natural catastrophes like earthquakes,
ghastly hurricanes and floods, the above threat results from the misuse of
man-made scientific research by evil people and various political,
philosophical, theological and even economic interest groups. In
pursuit of their
own selfish purposes they end up sabotaging
human welfare and the
highest ideals. Even religion,
which is supposed rightly to guide the human
spirit, is not fulfilling its appropriate role. Such dangers threaten the very
survival of civilization.[xx]
Who then is to solve our problems? Is it possible to integrate the
African traditional perceptions of human rights and the imported perceptions?
The answer from the age-old African wisdom is that
no other choice is possible if
humanity is to survive. There is a belief that
the challenge
of our age can be met only by teams of
experts from a diversity of disciplines, including philosophy and
theology,
who
can cooperate in the examination
of problems from various perspectives.
Besides, it is observed, that past African
philosophies and theologies have had
their own views of value, each with strong points that
are still beneficial. People
have nearly left them behind, because the past values and principles could not
adjust to the present age. The strong recommendation is that we absorb all these
strong elements from the
past and redevelop
them in ways that meet the needs of
the modern humanity.
Since the human being consists of physical and spiritual content, to
bring real happiness, there is need to improve both the
spiritual and physical life at the same time. This is a major challenge for
human
rights. Modern science has put its efforts into improving material life to
which its horizon is limited.
Hence in
spite
of its
hard work humankind has not been able to escape distress and chaos.
There is a vast
difference between the standards of values:
from ancient
times to the
modern age, between the
Orient and the
Occident, of Europe from Africa. The great challenge
is to
set up standards of value that will cut across lines and
apply at anytime and in any
place. Love at different levels and since time immemorial has been defined as
one of the absolute values that is the
basis of the ethics of the family system.
After many years of the existence of African religion and philosophy, we
read and understand from the history
of Europe that much after the Renaissance,
so-called religious people felt threat from the discoveries of science. The
focus of their concern was with individual salvation without being concerned
with developing the knowledge and techniques necessary to solve the problems of
hunger, disease, old age, and inadequate housing and clothing. Later, there is
evidence that
despite the development of modern science and the prosperity of the economy, and
despite the scientists’ deep desire and diligent efforts,
many problems continue among nations.
With their philosophy of communal life centred on blood-lineages or clan
and social solidarity, African ancestors long developed integrated physical,
social, intellectual, moral and spiritual strategies of development for their
descendants. This was referred to as obugabe bw’obuntu
or bw’obuhangwa or eddembe
ely’obwebange. In
this light, human rights in Africa is are not something
fairly new or imported as is often thought.
In fact,
there is
urgent need not merely to reject whatever
negative values from the past,
but rather to retrieve
from past wisdom the many good values
and principles that will contribute
to the elimination of physical, social, intellectual and spiritual poverty,
illiteracy, diseases of all kinds, tensions, sorrows, pains, restlessness,
anxieties, fears, wars and hostilities and other evils experienced even in the
midst of luxuriously developed and highly scientific countries.
Africa can contribute to the needed education of body and emotions, mind
and heart regarding those values
and principles that regulate humanity’s behaviour by implementing ethical and
moral standards and norms of goodness.
How can this be done? The Greek philosopher, Socrates, gave a
clue when he
said “ the unexamined life is not worth living.”[xxi]
Long
before his time, African ancestors in their traditional wisdom taught that the
ultimate giver of life and peace, called Ruhanga
(Runyoro/Rutooro)
or Katonda (Luo)
and so
many other names in Africa and God in English, has always been involved in the
education of mind and heart.[xxii]
No one should examine life and leave God out of the
equation. The forefathers’ wisdom has always implied the need for a continuous
interaction between humankind and its life context.
We must follow
in their footsteps by seriously
examining our life situations. The spirit
of the 21st century
challenges us to develop a new
philosophical and theological consciousness that will provide new
vision for building world peace.
Human rights
is one of the dominant challenges facing the national, continental
and even international community in the 21stcentury.[xxiii]
The broad philosophy of human rights is based on the view that all things
should be harmonised
so that people
can have peace in abundance. Following in God’s footsteps, billions of people
living or dead—so many ancestors,
teachers and leaders—develop understanding and
play the role of educating others to know and practice human rights even before
these are written down.
It is on these
philosophical and theological foundations
that much later in time the American ancestors, in their
Declaration of Independence,
asserted in 1776,
“We hold these truths to be self-evident, that all men are created equal, that
they are endowed by their Creator with certain
inalienable rights, that among these are life, liberty and the pursuit of
happiness.”
In the same spirit that the UN in its Universal Declaration of Human
rights adopted and proclaimed in resolution
217 A(iii) on 10 December 1948
states that recognition of the inherent dignity and the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice
and peace in the world. With this understanding, the nations signed
the 30 articles and have ever since determined, among other
things, to promote social progress and better standards of life,
and have pledged universal respect for, and observance of,
human rights and fundamental freedoms.
Over the years, having committed herself to uphold, promote
and protecting the human rights of every individual according to the UN
Charter, Uganda’s signing of the charter committed all its citizens
to its
objectives. Currently,
over human
rights
organisations
operate
in the
country[xxiv]
and underscore
the importance Uganda places
upon human rights.
The Uganda Constitution recognises them and
provides a mechanism for their enforcement.
Worldwide, while there have been revived expectations for a peaceful and
more secure world, sociologists tell us that since World
War II there
have been about 150 conflicts and wars of varying sizes—the
Middle East
being the most conflict-ridden area—due
to religious, extreme nationalist and racial tensions.
The
reality in the third millennium then is that we are far
from achieving a reasonable percentage of human rights or peace in Uganda,
Africa or
even worldwide. Weapons of mass destruction continue to threaten the survival of
humanity. Conflicts abound and nations are struggling to adjust to drastically
changed and changing political, economic, and other cultural
circumstances.
These have given rise to a growing sense
of uncertainty, disquiet and disillusion. The question is, how best can Africa,
and Uganda in particular, respond to the demands and vicissitudes of a world of
deepening interdependence among countries and the globalization of ever more
intricate and interlinked problems of peace, human rights, security and
development.
The role of intellectuals is to
think deeply and to suggest
strategies about how to tackle the
multiple social, economic, environmental and other problems that militate
against human rights using both traditional and modern perspectives on human
rights. What can we do to implement the good African and UN
resolutions, decisions and recommendations on so many issues which have to
do with human rights and the
advancement of the welfare and well-being of humanity as a whole? This
must go beyond mere preventive
diplomacy, peace-keeping and conflict resolutions.
The wisdom from the past proposes that we continue to do serious research
and also take seriously both old and new philosophical and theological
perspectives by going beyond religion and nationalism. This
means that we should not leave religion behind but go beyond religious
denominations,[xxv]
beyond what is false in religions, beyond religious authority and dogmatism,
especially where these have been part of the human problem.
As Africans we are urged to be transnational and denounce extreme
nationalism. If exported all over the world and the cosmos, the philosophy and
theology of the Bakiga and the Banyoro might make a wonderful contribution.
To the Bakiga, anyone designated as black by whatever reckoning is a Mukiga,
whereas for the Banyoro, all people, living or dead, are Banyoro.[xxvi]
It is gratifying to note that the United Nations Millennium Summit
of September
6-8,
2000
declared
the year 2000 as the “International Year for a Culture of Peace.”
In
the preparations for the Summit Mr. Kofi Annan, the
Secretary General observed that, the founders of the UN set up an open and
cooperative system for an international world; because of that we are now truly
living in a global world whereby the process of “Globalization has
been made possible.”
He
was also quick to observe that the shift to this state of affairs is a central
and core challenge for world leaders (indeed for all people) today. This is
because in this new (globalized) world, groups and individuals more and more
often are interacting directly and across frontiers,
without involving the state. New technologies are creating opportunities for
mutual understanding and common action.
But there are new dangers. Crime, narcotics, terrorism, pollution,
diseases, weapons, refugees and migrants are all moving across borders faster
and in greater numbers than in the past. People feel threatened by events far
away. They are also more aware of injustice and brutality in distant countries,
and expect States to do something about them. The
challenges to human rights are real and not a monopoly of
Africa, though at different levels.
In our African context, where millions of men and women live
in a world suffering from hunger, starvation, injustice, ignorance, economic
disintegration, political chaos, environmental problems and moral decay, there
is great and urgent need for concerted efforts from the UN which exists for,
and must serve,
the needs and hopes of all peoples. But for
Africans, and Ugandans in particular, there is a greater
responsibility for the
sons and daughters of the soil, the philosophers,
theologians and so on, to find solutions for these and related problems. Can we
do it? We
can and we must! After all,
Africans as a people have centuries of life experiences whereby they have been
able to cope with whatever problems that devilled them.
In support of this optimism, Mamdani has observed that the shaping of
Africa has always gone hand in hand with the
globalization processes. Several periods can be differentiated. Archaeologists
tell us that human life began in Africa.[xxvii]
Dr.
Kihumbu Thairu has also argued that most, if not all,
of the major human institutions have had their origin in Africa.[xxviii]
From a truly long-term view, Africans are the original global beings.
Historically, they have emigrated out of the original habitat, referred to by
some as the garden of Eden,[xxix]
and peopled the whole world. For
Mamdani, the first and original African diaspora is humanity itself.[xxx]
He continues to observe that whereas the first Africans seem to have set
the pace for humanity for the millennia, from
the Olduvai Gorge (in north-eastern
Tanzania) to the time of the Egyptian Pharaohs, a medium-term view of
globalization is likely to yield a different perspective. He dates the medium-term
view from the Atlantic Slave trade to formal colonization and to the Cold War.
During this span of history, Africans have been more victims than agents,
more receiving than initiating. What is
significant is their resilience to survive all negative forces, from the
slave
trade, to harsh
environments, HIV-AIDs, ebola
and so on. Despite
such catastrophes, the population growth is comparatively high and Africans
remain strong in surviving
all odds.[xxxi]
During all the past centuries, and much before the UN adopted and
proclaimed the Universal Declaration of Human Rights (the 30 articles) on
October 10, 1948,
Africans had long been practising obugabe bw’obuntu
or whatever terms the different African peoples call “human rights.”
The agenda of human rights has been a reality in Africa for millennia,
especially at the levels of survival,
livelihood, participation and protection.
My comments will now focus briefly on these four which over
and above the fundamental rights and freedoms of the individual,
are basic to man/woman’s continued existence as a rational being. They distinguish
people from other beings, animate or
inanimate,
which have no conscience or power of reason. They also are
inalienable because they cannot be alienated or taken away from the individual.
They are not granted to an individual by any earthly
authority, choice or democracy,
by any parliament
nor head of state.[xxxii]
Professor
Mazrui has observed that, for centuries, the greatest contribution of
Africa but least
acknowledged is the concept of one single deity
or God. Two thousand years before Muhammad (s.a.w.) and 1400 before
Christ—3400 years ago—the
Pharaoh Akhenaton let people worship one God
at sunrise and at sunset. This worship is now taken
for granted in Judaism, Christianity and Islam. This points to the
historical reality that In Africa religion
has always been acknowledged to be one of the fundamental and inalienable rights
of a human being.
This
has been recognized by the United Nations
Article 1 of the Universal Declaration of Human Rights 1948
which that proclaims,”
All human beings are born free and equal in dignity and
rights. They are endowed with
reason and conscience and should act towards one another in a spirit of
brotherhood.” In the spirit of this proposition, the constitution of Uganda
includes a chapter on “Protection and Promotion of Fundamental and Other Human
Rights and Freedoms.”[xxxiii]
Among
other things,
this guarantees
various manifestations of religious liberty, which is universally acknowledged
as
one of the fundamental and inalienable rights of the human person.
The people of Uganda are deeply religious; they cherish their freedom of
religion and belief.[xxxiv]
Many Ugandans attribute their very existence first and foremost to the Master
Creator through their ancestors whom, they believe, sustain
them in this world and have power over their future.[xxxv]
In support of the human right to religion and without a
detailed analysis of its relevant components, let us but mention them.
Section 29(b) of the Uganda Constitution guarantees “freedom of
thought, conscience and belief,” and Section 229(c)
affords constitutional protection to “freedom to
practice my
religion and manifest such practice
which shall include the right to belong to and participate in the practices of
any religious body or organisation in a manner
consistent with the Constitution.”
Section 37 entrenches the right of every person “to
belong, enjoy, practice, profess, maintain and promote .
.
.
creed
or religion in community with others.” The Constitution, in Section 21(2),
furthermore prohibits discrimination on the basis of, inter alia, creed
or religion. The right to religious education is succinctly endorsed in Article
30 of the Constitution. Ugandan law thus recognizes the importance of religion
to the moral development of the people and allows it to be
taught without limitations.[xxxvi]
Let it be added,
however, that the enjoyment of fundamental rights and freedoms cannot be
guaranteed in absolute terms. It must be subjected to limitations that
are designed to ensure that the enjoyment of the constitutional rights and
freedoms by any individual does not prejudice the rights of others or the public
interest.[xxxvii]
Under the auspices
of “the
public interest,” the Ugandan
Penal Code empowers the president
to declare any society to be “dangerous to peace and order in Uganda.”
When so declared, it becomes unlawful, and it is an
offence
to manage, assist in the management, or be a member of such a society. Religious
societies engaged in subversive activities under the cover of religion can be
declared “dangerous”
under these provisions and some have been so
declared in other countries.[xxxviii]
As mentioned above, the agenda of human rights has been a reality in
Africa for a millennia,
especially at the levels of survival, livelihood, participation and protection.
I will now turn to these with brief remarks.
1: The human right of
survival is the current greatest preoccupation for the majority in Africa and
particularly in Uganda.[xxxix]
In the broadest sense, these include aspects of population, health, food and
nutrition, water and sanitation, shelter and urbanisation, and healthy
physical
environment. Generally, one needs to enjoy these before enjoying other rights.
Concerning population and reproductive rights, a brief look at the
following sectors indicates that the infant mortality rate (per 1,000 live
births) in 1970-1998 was between
110-84. The maternity mortality ratio reported per 100,000 in
1990-98 was 510. Those not
expected to survive to age 60 in 1995-2000 were
52.2 percent.
[xl]
Uganda’s Health profile indicates, that one-year-olds
fully immunized
in 1995-1998,
against tuberculoses (TB) were
69 percent and against measles, 30 percent. During
the same period, people with HIV\AIDS between 0-49 year of age were
930,000; the adult rate between
ages
15-49 was 9.51 percent.
The
number of doctors (per 100,000 people in 1992-1995 was four,
whereas nurses for the same number was 28. It is noted, whereas 49 percent of
patients
go for modern treatment in hospitals, 51 percent perceive traditional
treatment. Because the
issue of survival is core, many Ugandans are for alternative medicine, meaning
they avail themselves of all kinds of healing modes, be they African, Asian,
European, modern, traditional. The underlying philosophy is that
when one is sick, one wants health, and will be helped to fight
sickness by whoever. Health comes before dogmas, be they traditional or modern.
2: The right to livelihood. This includes
rights to education, employment and income.
The
Education profile indicates an adult
literacy rate at
age 15 and above in 1998 of 65 percent; that
of youth age 15-24 in 1998 was 77.5 percent. Public education
expenditures
in 1995-1997
was 2.6 of GNP and
as a percentage of total government expenditure was 21.4. Access
to information includes the number of
televisions in 1996-1998
26 (per
1,000 people); personal computers, one and internet hosts 0.01.
The
human
poverty index concerning the sharing of income in 1987-1998
indicated the poorest 20 percent at 6.6 and the richest 20 percent at 46.1; the
ratio of the richest to the poorest being 7 to 1.
The population below the income
poverty line (percent) in 1987-1997
was 55.0.
A
central concern in this sector is unemployment because there are many young
graduate
end up unemployed. The following picture indicates that problem.
Primary Leaving Examination Candidates (the picture for two years)
1980
129, 510
2000
330, 044
Secondary
School Admissions I-Level
A-Level
1980
20,157 4,290
2000
95,000
42,000
Makerere University enrolments of first years
1983/84
5,042
1999/2000
20,995
Enrolment in new
universities
Bugema
362
Mbale
992
Ndejje
394
Nkumba
305
Uganda
Martyrs
234
Uganda
Christian
670
Namasagali
15
Busoga
60 [xli]
In
the case of graduates at different levels, the government is
committed to the implementation of various strategies to create more employment
opportunities. On the other hand, there is a challenge for all graduates to an
job
makers
rather than job seekers.
In rural areas, the greatest emphasis is on agriculture. 81 percent of
the entire population are agricultural workers, while the rest are engaged in
either an elementary
occupation (7.6 percent) or are low-level government
personnel (4.6 percent) craft workers (3.4 percent) and technicians (2.4
percent).
About 80 percent of the rural population depends
on subsistence farming. Only 23 percent of
households earn their living from cash crop farming. Besides, some rural
households meet their needs through employment income (8.2 percent) remittances
from working relatives (6.7 percent) and petty trade (3 percent). Family labour
is predominant with women contributing 75 percent of the labour force.[xlii]
Generally, agriculture’s contribution to the national GDP is well over
75 percent . It accounts for 98 percent of the Export earnings, with coffee
alone accounting for 65 percent. [xliii]
To ease the problem of unemployment, both government
and the private sector are working hard to boost the economy of the citizens as
a whole in the areas of:
(i)
Textile manufacturing
(ii) Coffee processing
(iii) Fruit growing and
processing
(iv) Fish processing
(v) Leather goods
manufacturing
(vi)
Dairy products
(vii) Wood products
(viii) Hydro power
(ix) Mining and mineral
processing
(x)
Export of beef and goats. [xliv]
The world
has failed
to meet basic human needs by equitable sharing of
human needs and the
earth’s resources, both natural and those produced though human endeavour.
What is happening is a world disorder,
characterized by the law of “survival
of the fittest” UNICEF states
that
15 million children die prematurely every year from hunger and hunger related
diseases. In the case of Uganda, the president
has observed 66.3 percent of Ugandans live in absolute
poverty.[xlv]
3:
The Right Of Participation. These relate to the rights
of association, expression and empowerment.
With regard to empowerment,
Uganda has a good record of women in government. Women
in Uganda received the right to vote and to stand for election in 1962. By 1998,
they were elected at all levels at
11.2 percent, with 13.2 percent at the
ministerial
level as ministers,
secretaries of state and heads of central banks and cabinet agencies. There were
9.8 percent at sub-ministerial levels,
including deputies and
vice-ministers or their equivalent, permanent secretaries, deputy permanent
secretaries, directors and advisors.[xlvi]
In responding to association
and expression, the government has
guaranteed the security
of persons
and property including allowing exiles to return home. Government has also
licensed up to 30 or more FM radio stations. These, together with
increased telephone access throughout the country an atmosphere of freedom of
expression, and
over 20 daily newspapers countrywide, promote debates in
many cities
about
cultural issues.[xlvii]
Administrative
units exist from
the village to parliament, where anyone who so
desires
can stand for election. Marginalized
groups (women, youth and people with disabilities) are recognized and
have been brought into the social and political mainstream. They are represented
at all centres of political decision-making. From October 8,1995,
a new Uganda constitution that was promulgated as the supreme instrument to
guide all citizens.
4. Rights To Protection. These refer to protection from violence,
exploitation, discrimination and to one’s identity.
Evidence
shows
that compared to past decades, the government has re-established the rule of
law, observance of human rights, constitutionalism and freedom of the press, following
a
time of high criminality and corruption when judiciary killings
and looting took place that
were state inspired. Now are efforts to eliminate them absolutely are in place.
Unfortunately, the present study does not have
statistics to do with people incarcerated for juvenile
convictions, drug offenses,
rape, homicide and others. The government tells citizens that the
way forward in fighting corruption is to utilize the existing institutions to
teach morality, starting with the
family and other cultural
units,
through
national to universal institutions. In the case of Uganda, initiatives continue to
strengthen
the offices of the Inspector General of Government, the Auditor General,
the Criminal Investigation Department, the Public Accounts Committee in
Parliament. Members
of the public make
it their duty to teach morality and reject and report
corrupt practices.[xlviii]
The guidance from the Constitution article 23 is clear. Generally,
it articulates the right to
personal liberty. Countrywide, evidence shows that
the conditions in prisons are not conducive to proper exercise of
human rights.[xlix]
Major experiments are needed in
the detention cells, prisons, prisoners clothing, overcrowding, dietary habits,
sanitation, death row, length of periods on remand, failure to have regular
sittings at the High Court,
and so on.
CONCLUSION
It
has been indicated that human
rights in Africa remain the greatest pre-occupation is for
survival.
Freedom
of speech, assembly, worship and vote mean nothing to those who are starving and
homeless—freedom of the press is meaningless to the illiterate.
The rights to survival take precedence.
As to the question of why
people stand up for human rights risking harassment, torture and even death,
there are two possible answers. One, philosophically, because people have great
faith in the dignity of the human, and two, theologically, because people decide
to follow in the footsteps of God who has manifested that the highest value is
that of sacrifice
for the welfare of His children. The Bible cites God’s values thus: “Greater
love has no man that one lay down his life for his friends.” (John 3:16).
Despite
their many setbacks, religion as teacher has played the noble role of enkindling
in the hearts of many the fire of love for others,
even to the point of death.
(Even such other
creatures as mother chickens,
antelopes and so on, have been known to die while fighting in defence of their
children.)
Human rights at the clusters
briefly indicated above—promote that survival,
livelihood, participation, and protection (i.e., peace)—are
interrelated and mutually dependent. If there is justice, it means human rights
are recognized, thus ensuring peace and prosperity in the land where all
citizens are enabled to live without fear in harmony and
healthy interactions. Through participation people are enriched by their
differences;
in dialogue and discussion they forge common goals and objectives.
The paper has employed a holistic approach to human rights in order to
address the two challenges. The philosophical challenge is
at different levels to evolve strategies towards the attainment of the necessary
balance between the many
different clusters of human rights, and the total eradication of material
poverty. The theological challenge lies
in providing
holistic guidance towards the attainment of the rights to holistic survival in
such areas as
food, unpolluted water, air, suitable housing, clothes, employment and medical
care in addition to the social,
cultural and spiritual values
essential for individual and social life.
The
paper argues that
human rights violations can never be understood apart from rights of the whole of
creation.
That is why the dignity of a human being can never be understood apart from the
dignity of the whole of creation. This
inter-relatedness
or symbiotic relationship that humans maintain is what makes them
human. In such relationships, one’s actions or deeds affect the rest of the
members, as when one cell in
the body feeling pain,
engages the whole
body.
Human rights violations in this sense are
nothing but disruptions or distortions of the peaceful coexistence of human
beings and
of the
whole of creation
as a universal community. The question of human rights is inseparably linked
with the question of rights in justice to the
protection of life, social equality, economic justice, political freedom, rights
of
participation in the overall decision-making process—all these together
constitute human rights for Africans.
In this sense, rights are indivisible and interrelated. Africans have affirmed this for
centuries, the religions. In the final
analysis,
human dignity can be found only in relationship with fellow human beings and the
whole of creation.
[i]. Obugabe b’wobuntu rundi Obugabe bw’obuhangwa (Runyoro-Rutooro),
Eddembe ly’obuntu (Luganda).
In these two languages of Uganda, the terms are meant to convey the meaning
of “human rights”. In Runyoro/Rutoro kugaba means to give or to provide with. The Legacy talks of God at
creating human beings giving each and everyone love, life, lineage,
conscience and creation facilities without charge,
choice, application, democracy, or consultation. Once given, they cannot be
wished away or removed. Eddembe is a matter of
peace. Literal translations are difficult.
[ii].
Theologically and philosophicaly, Ugandans and Africans generally believed
in the existence of Ruhanga/Nyamuhanga
(the Master Creator-God) as a Muzaire
(a parent) (Runyoro/Rutooro) with all people
living and dead as His children (not
in the biological sense). The chief characteristic
of his personality is Engonzi (love); thus has
the attributes of Kyozaire and Ngonzi or Kugonza.
He empowers human beings to share physically in His parenthood and to
transmit his eternal love, life, lineage and conscience. Communism as an
ideology or system of thought that denies God’s very existence and with
its fundamentalist atheistic view of life damages peoples’ minds and
hearts. It cannot argue for true human rights.
[vi].
For Descartes
the causation of
creation can be understood through the theory of physics.
John David Barton’s Ph.D.
“Causality in Africa and the West,” Chapter 5, shows
the adequacy of this theory being
challenged by members of the Vatican Observatory Project whose aim is to
balance the physical and spiritual realities.
[vii].
Kihumbu Thairu, Utamaduni ya Kiafrica
(African civilization), (Nairobi, East African Literature Bureau, 1975).
His whole book is about the negative impact of foreign cultures
on Africa. He argues that
out of ignorance they
condemned African culture in toto.
[viii].
Kabazzi-Kisirinya, S. (oral
information December 20, 2000), clarification on
the teaching of the bataka,
(ancestors) about creatures having been created and reproducing within the
principle of duality (i.e., men and women, stamina and
pistil in plants, and
positivity and negativity in other lower creatures molecules, atoms,
particles).
[ix].
A.M. Lugira, African Religion
(USA: Facts on File Inc.,1999), p. 62. (On the evidence
from African culture concerning the educational value of rites and rituals).
[x].
M.M. Thomas, “Primal Vision and Modernization,” National Seminar on
Theological Implications of the Primary vision (India, Madras, September
9-12, 1993), p. 2.
[xii].
Harry Sawyer, God, Ancestor or Creator,
(London, 1970).
His entire thesis is that some Africans from West Africa also refer to God
as a Parent of parents, thus qualifying Him as a grandfather or the position of
Ancestor number one. God is father or mother in the spiritual sense;
the issue of
whether He is also parent physically is debatable. Many
Africans symbolically call Him a parent in all senses, since He is the
source of all life, etc.
[xiii].
Many Africans have clear roles and responsibilities in reference to
those of parents (father, mother), brother (elder brother),
sisters ( elder sister) and children.
[xiv]. Byaruhanga-Akiiki,
A.B.T. (ed.), African
World Religion: Grassroots Perspective
(Kampala, Makerere
Printers, 1995), p. 52. This chain of
authority and relationship is the same for all, the living and the dead and
it is important for one to know these relationships
(Re-ligion). Without
this one is backward both
in head and in
heart and
could even be highly unethical. In relation to
this, one could recall here
some
ethical value contents for “education of the heart and head” as
expressed by the following terms:
love, peace,
happiness,
justice,
joy,
morality,
gentility,
unity,
freedom,
harmony,
respect,
mercy,
compassion,
kindness,
magnanimity,
honesty,
generosity,
humility,
faithfulness
and obedience.
There are other values and related terms not
mentioned that contribute to peoples’ character development. Ideally they
are learnt in families rather
than in formal
classrooms, though they should be part of the school experience.
They are practised in intricate give-and-take relationships
and constitute moral
criteria for assessing who a good person is, whether physically or spiritually. Individuals are
generously given a whole life course to practise them. The above 20 and
their opposites have vernacular terms in the many (2,600) indigenous
languages of Africa. People who teach and practice sabotage and do malicious
damage to God, other people and creatures are often described as being
dead in heart,
like walking corpses. The core teaching
is that people be clever both intellectually and in the heart
with the former having the highest priority.
[xv].
Dr Sang Hun Lee, paper “Today’s
World Problems
and Unification Thought” read at the 18th
ICUS, August
23,1991. Seoul Korea. ICUS is an acronym for the “International Conference
for the Unity of the Sciences.”
[xvi].
Kyozaire is one of the
attributes of God in Runyoro/Rutooro. The
completed phrase is, Kyozaire tonaga, meaning, you do not throw away what
you have produced (a child). The Sotho/Tswana thinking is that God is Mmabatho, the Mother of the people. Thus, it is inconceivable that Kyozaire
or Mmabatho, though She may discipline Her children for their good as should
every
good parent—should send them
away eternally. The Middle East legacy
talks of eternal punishment in Hell, Gehenna, Nar,
or Sheol; Kyozaire philosophy does
not accept that.
[xvii].
In Nyoro/Tooro culture, abusing one’s mother is the quickest way of
bringing about a bloody fight or even death. Issues of land are at times
equally bloody.
[xviii].
Here the reference
is to those thousands of Africans whose names have an attribute of God, i.e., Byaruhanga, Ojok,
Were, Karugaba, Mugisa. There are thousands more in other parts of Africa.
Similar hundreds more such names are found in Islam and Christianity, i.e., Abdallah
(Byaruhanga or Karuhanga in Runyoro/Rutooro), Abdunoor-Nuru
(child/creature of Allah who is light), Abdurashid-Rashid (child/creature of
Allah who is the leader or guide),
Benedict (Blessed by God),
Godfrey and so on. In the broadest sense, people with such names enjoy
calling Ruhanga (Allah, God), their name-sake.
[xix].
The author is a Musiita arukweera,
literally a white
or morally clean one, but symbolically referring to one who should possess the
values of love,
honesty, justice, kindness, goodness and so on: Somehow
he has two totem creatures on the father’s side, omuka (plant used for colouring palms yellow) and a sheep (humble,
sacrificial animal). His mother’s totem is an antelope. Culture teaches
one not to harm, touch or eat the totems of father and mother.
[xx].
Dr S.M. Moon,
paper on: “Education, Peace
and Dialogue among the World Civilizations.” At the
International Seminar on “International
Public Service and a Culture of Peace.” September 29-October
2, 2000, London,
England, p.
27.
[xxi].
H.E. Dr.
Makarim Wibisono,
Permanent Representative of the Republic of Indonesia to the UN, during his remarks on the theme, the
millennium Declaration of the UN, N.Y., 20, October 2000 p. 2.
[xxii].
Intellectual education: this refers to the acquisition of all kinds of
knowledge that contributes to intellectual development. The reality remains
that when God created this world, He restricted the capacity of the human
brain and reason. If people could know everything, they would be Ruhanga, Katonda or God and thus surpass their restricted status as
God’s creatures. Education
of the heart
refers to the knowledge and practice that contribute to the development of
one’s character or personality, without which, the Africans say, the heart
dies. It includes
knowledge and practice of such values as love, justice, peace, joy,
morality, unity, harmony, and kindness, to mention but
a few. These and others
that define the holistic nature, position and status of an ethically good
person, with their opposites defining an
ethically bad person, whether on Earth
or in the Spirit world.
[xxiii].
Other dominant challenges identified at the historic Millennium
summit held under the auspices of the United nations September 6-8,
2000 in New York
include values and principles to do with
peace and security,
development and poverty eradication, protection of our common environment,
democracy and good
governance, protecting the
vulnerable, meeting the specific needs of Africa,
and strengthening the United Nations.
[xxv].
Since the author has not found a single word to define “Religion,” and is aware
of the borrowed term El din,
indigenized as Diini
in the vernacular, we shall use the term “Religion” to
mean life as lived in a cobweb of relationships. It concerns itself with
existence, life itself, relationships and the Master Creator
who is the core reality
behind all other realities which are His products.
[xxvi].
An ancient value of educating people to have a transnational attitude to
all people found in that where the
Bakiga of southwest Uganda who
divide the whole
cosmos as inhabited by two
categories of people abakiga
and
n’abajungu, meaning Bakiga and
Europeans. “On the other
hand, their brothers in the west of Uganda
refer to all people as Banyoro,
i.e., omunyoro:
Clinton, Babangida, Bush, Gorbachev, Sadam and so on. This labelling is for
all those living on Earth and in the Spirit
World.
[xxvii].
Mahmood Mamdani, keynote
address at the conference on “The
challenges of the social
sciences in the
21st. Century,” Faculty of Social
Science, Makerere University Oct. 25, 2000.
p. 1.
[xxviii].
Dr.Kihumbu Thairu, Utamaduni ya
Kiafrica (African Civilization),
(Nairobi Kenya Literature Bureau, 1975), chapter 1.
[xxix].
The garden of Eden: According the Bible, Genesis 2: 8 ff.,
the Lord God
planted a garden in Eden, in the East and He placed there the man whom he
had formed. Out of the ground the Lord God made various trees grow that were
delightful to look at and good for food. The Lord gave man
this order, “You are free to
eat from any of the trees of the garden except, the tree of the knowledge of
good and evil.” With the presence
of so many fruit producing plants in East Africa, especially Uganda, with
temperatures that are average and compliant all year around, the idea that
the garden of Eden was in Uganda is
credible.
[xxxi].
Human Development Report 2000: Demographic Trends, 226. The entire report
focuses on human rights and
human development.
[xxxiv].
Ugandans, like other Africans, have been victims of the negative teachings
of foreign proselytizers, who failed to appreciate the religious
connotations of their traditional way of life, and, consequently, condemned
their indigenous cultures as manifestations of a pagan
belief structure.
[xxxv].
The ancestors, through so many generations are honoured and respected in
traditional African cultures as the foreparents whose love, life and
bloodlineages have been carried forward through generations to the present,
and whose influence
on what Africans are
today cannot be
reasonably denied.
[xxxvi] The following human rights organisations operate in Uganda in 2000: Foundation for Human Rights Initiative (FHRI), Uganda Human Right Commission (UHRC), Human Rights Network (HURINET), Human Rights Peace Centre ( HURIPEC), Uganda Law Reform Commission (ULRC), FIDA (Association for Women Lawyers (Uganda), Human Rights and Civic Education Forum (HURICEF), Amnesty International (Kampala Office), Uganda Child Rights NGO Network (UCRNN), Public Defenders Association of Uganda (PDA), Paralegal Movements, Penal Reform Projects, Legal Aid Clinics.
[xxxviii].
This has happened in such countries
as Angola, Ethiopia, Malawi, Mozambique, the DRC and Zambia. See D.D.
Nsereko, Religion, the State and the Law in Africa, in 28, Journal
of Church and State, 269-87 ( Spring 1986).
[xxxix].
Human rights for survival, in the theological sense, are products of God
which are absolutely necessary for living and without which one is bound to die physically.
[xl].
Human Development Report 2000, p. 189. It is noted
that the use of
statistics to illustrate issues of human rights is essential. Population
statistics for instance, throw light on many
situations, i.e.,
whether men and women are healthy and in a position to procreate, the number of people to
be fed and educated, and so on.