Report pins Museveni on abetting Corruption; Is he really to blame?

KAMPALA:  A rights body in early October targeted a salvo at President Museveni, literally placing all culpability for the high-level corruption that has ravaged the country over the past two decades at his doorstep. 

Mr Museveni, who will mark 28 years in power in January, has headed a government that has been beset by an integer of corruption scandals. A plethora of statutory anti-corruption bodies have been set up as a result, and a number of high level investigations have been conducted.

But Human Rights Watch (HRW), in partnership with International Human Rights Clinic of Yale Law School in America, note that neither of those moves has led to a senior regime official serving a jail term or suffering any serious punishment.

In the report they released on Monday, titled “Letting the big fish swim: Failures to prosecute high-level corruption in Uganda,” the bodies fault Mr Museveni’s approach.

“The President’s public rhetoric regarding rooting out corruption is frequently belied by his public statements on specific cases,” the report says in part.

Whenever Mr Museveni made comments on pending corruption cases, the report says, they “were often seen as tacit signals to witnesses, prosecutors and in some cases, judges.”

The report draws heavily on earlier reports about corruption in the country, and specifically where the President has undermined prosecutions or the potential for successful convictions of members of inner circle or senior bureaucrats in government.

Quoting the Uganda Debt Network’s “Corruption Dossier”, for instance, when then Security Minister, and current Prime Minister Amama Mbabazi (also the NRM secretary general) was implicated in the dishonest sale of land to the National Social Security Fund (NSSF)-the workers’ pension fund.

The report adds that, President Museveni was quoted in the media about the case saying of Mr Mbabazi, also a bush war hero and childhood friend, “I will not run away from old friends.”

The list of cases alluded to is endless but notably, the Shs500 billion Chogm case where the President said, former Vice President Gilbert Bukenya (the only one implicated) has no case to answer, and the Shs1.6 billion Global Alliance for Vaccines and Immunization (GAVI) fund case where only former Health minister Mike Mukula was brought to justice.

The said corruption is in the form of "nepotism, bribery, and misuse of official positions and resources" in the country

According to Maria Burnett, the HRW principal researcher, any magniloquence on Court trending cases continually frustrates the political will in the fight corruption.

“Yes, the laws are there but do they serve the purpose?,” Ms Burnett noted, “They have only been successful in netting the small fish while creating reality of untouchables.”

The report, further, indicates that media attention often concentrates on the "big fish who got away" and any solutions proposed rely on essentially on "technical responses."

"Those responses overlook what, based on past actions, can be described as the government's deep-rooted lack of political will to address corruption at the highest levels and importantly, to set an example- starting from the top – that graft will not be tolerated.”

But the President’ Spokesperson, Tamale Mirundi, criticised the authors of the report saying, they only wanted to tarnish the name of the head of the state.

“Such a report cannot be  written by Angels so am not surprised by the allegations made,” he said, “The authors are funded by donor countries and any result must be in their appealing interest.

“In any democratic institution (like where the report authors come from) corruption is fought by state institutions which the President has ensured. What else do they want?”

The regime factor and politics of patronage

Ms Burnett said, while efforts to fight corruption are in place and promising, they often coincide with the interests of the government which is as old as 27 years now yet it also “inconceivable” that some officials can be sacked or tried.

Several bureaucrats whose names appeared somewhere on the corruption sheet continue to be appointed in public offices either as a sign of appreciation or loyalty to the regime.

"Members of his inner circle – from both military and cabinet – have been accused of theft and improper procurement of state resources by the media, civil society, the auditor general, and parliament," but are still in government.

As a result “Uganda is likely to become yet another model example of the so-called ‘resource curse' in Africa,” the report observes.

Mr Mirundi, noted that government cannot be blamed because it has remained and continues to ensure the same discipline as was exhibited in the Bush war.

“Why didn’t they talk about the President’ relatives like Sam Kuteesa or Alice Kaboyo who respectively tried and even jailed over corruption?

A similar report released by Transparency International in July this year, equally painted a grim picture that corruption grown steadily, putting Uganda amongst the 17 most corrupt countries in the world.

Early this month, The Economist, a British news magazine, observed:” Mr Museveni is virtually the only decision-maker in the government. Almost nothing gets done without his nod.”

The article titled, ‘A leader who cannot bear to retire’, maintained: “But while the president’s signature on a policy paper is necessary, it is not sufficient to move the sluggish state machine into action. Plenty of officials have their own agendas and exploit the president’s remoteness. They undermine or obstruct initiatives blessed by him if they can do it undetected and make some money.”

This to Mr Mirundi, “is subjective and an avenue by the donor community to discredit government.”

Paul Mwiru, the deputy chairperson of the Public Accounts Committee in Parliament, informed that, corruption is an ideology of the NRM and cannot be easily fought with Museveni in power.

“As head of the executive just recently have given him several recommendations on officials like Pius Bigirimana [OPM scandal], Stephen Kagoda [Internal Affairs] and Asuman Lukwago [Health] which all have been overlooked. If he cannot take action then he is the problem.”

Shorting comings in laws and implementation

The HRW report lauds Uganda’ measures on taming the “wide spread” corruption as being robust, but notes that both the laws and implementers (Courts, Police) often suffer setbacks from the government itself.

Ms Burnett said, the findings were based on interviews with several officials in the judiciary as well analysis of about 100 cases at the Anti-Corruption Court, which has since been halted.

"In some Anti-Corruption Court cases involving well-connected individuals, senior officials have directed prosecutors to delay prosecution or prematurely try a case with incomplete or weak evidence.

While the Auditor General has been year after another, unceasingly uncovering the gross misuse of public office and resources swept under the carpets; other state anti-graft bodies like the Inspectorate of Government and Police often take less actions as recommended by the former.

"Investigators, prosecutors, and witnesses involved in such cases have been the targets of threats and requests for bribes, the report adds, but, “In some Anti-Corruption Court cases involving well-connected individuals, senior officials have directed prosecutors to delay prosecution or prematurely try a case with incomplete or weak evidence. Investigators, prosecutors, and witnesses involved in such cases have been the targets of threats and requests for bribes."

Anti-corruption crusader, Bishop Zac Niringiye, concurs that, “this points to the fact that Mr Museveni is the source of the problem.”

“We are having a Political form of corruption which is extremely dangerous, and straight from the top head,” he notes, “It is no longer a secret, and that explains why action cannot be taken against certain officials.”

Mr Mirundi, however, said the President cannot be the problem because his work is to ensure prevalence of institutions which he has done.

“Corruption prevails because the public doesn’t hold leaders accountable yet even (you) the media are not credible in reporting the issues,” he stressed, “How many times has the President blocked the Courts from sitting or ordered that his henchmen be left freely?”

The Big scandal syndrome

Bishop Niringiye is also of the view that, “We should even be more worried since every scandal involving loss of large sums of money has our President mentioned somewhere in between the lines.”

Recently the President has been mentioned in corruption allegations, among others, the Shs130 billion Tullow Oil bribes; the Shs142 billion Bassajabala compensations; the Shs40 billion Dura cement saga, and Shs300National Identity card project.

Cissy Kagaba, of the Anti-Corruption Coalition, called this a “Big scandal theory where Mr Museveni’ name is cited in every deal relating to large amounts of money.”

“Why is it always him and the few he cannot punish?” Ms Kagaba contends, “We must rise up early enough to challenge this status quo because the system has cultivated itself as here to stay.”

She added, “Corruption is indeed a big problem and I agree with the report findings that the President is the biggest problem because he ideally runs everything straight from the markets.”

Side bar

Other issues raised by the report include, failure of the president and Parliament to empower key institutions, either by failing to fill key vacancies or by failing to establish institutions."

The continued occupancy of office by officials who have been implicated in corruption yet their underlings have either been prosecuted or jailed.

The lack of protection for prosecutors and witnesses which has resulted to focus on "low-level corruption involving small sums of money, while the 'big fish' have continued to accumulate wealth and power."