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The Uganda Agreement of 1900

We, the undersigned, to wit, Sir Henry Hamilton Johnston, K.C.B., Her Majesty's Special Commissioner, Commander-in-Chief and Consul-General for the Uganda Protectorate and the adjoining Territories, on behalf of Her Majesty the Queen of Great Britain and Ireland, Empress of India, on the one part; and the under-mentioned Regents and chiefs of the Kingdom of Uganda on behalf of the Kabaka (King) of Uganda, and the chiefs and people of Uganda, on the other part: do hereby agree to the following Articles relative to the government and administration of the Kingdom of Uganda.

1 The boundaries of the Kingdom of Uganda shall be the following: starting from the left bank of the Victoria Nile at the Ripon Falls, the boundary shall follow the left bank of the Victoria Nile into Lake Kioga, and thence shall be continued along the centre of Lake Kioga, and again along the Victoria Nile as far as the confluence of the River Kafu, opposite the town of Mruli. From this point the boundary shall be carried along the right or eastern bank of the River Kafu, up stream, as far as the junction of the Kafu and Embaia. From this point the boundary shall be carried in a straight line to the River Nkusi, and shall follow the left bank of the River Nkusi down stream to its entrance into the Albert Nyanza. The boundary shall then be carried along the coast of the Albert Nyanza in a south-westerly direction as far as the mouth of the River Kuzizi, and thence shall be carried up stream along the right bank of the river Kuzizi to near its source. From a point near the source of the Kuzizi and near the village of Kirola (such point to be finally determined by Her Majesty's Commissioner at the time of the definite Survey of Uganda) the boundary shall be carried in a south-westerly direction until it reaches the River Nabutari, the left bank of which it will follow down stream to its confluence with the River Katonga. The boundary shall then be carried up stream along the left bank of the River Katonga, as far as the point opposite the confluence of the Chungaga, after which, crossing the Katonga, the boundary shall be carried along the right bank of the said Chungaga River up stream to its source; and from its source the boundary shall be drawn in a south-easterly direction to the point where the Byoloba River enters Lake Kachira; and shall then be continued along the centre of Lake Kachira to its south-eastern extremity, where the River Bukova leaves the lake, from which point the boundary shall be carried in a south-easterly direction to the Anglo-German frontier. The boundary shall then follow the Anglo-German frontier to the coast of the Victoria Nyanza and thence shall be drawn across the waters of the Victoria Nyanza in such a manner as to include within the limits of the Kingdom of Uganda the Sese Archipelago (including Kosi and Mazinga), Ugaya, Lufu, Igwe, Buvuma, and Lingira Islands. The boundary, after including Lingira Islands, shall be carried through Napoleon Gulf until it reaches the starting point of its definition at Bugungu at the Ripon Falls on the Victoria Nile. To avoid any misconception it is intended by this definition to include within the boundaries of Uganda all the islands lying off the north-west coast of the Victoria Nyanza in addition to those specially mentioned.
2 The Kabaka and chiefs of Uganda hereby agree henceforth to renounce in favour of Her Majesty the Queen any claims to tribute they may have had on the adjoining provinces of the Uganda Protectorate.
3 The Kingdom of Uganda in the administration of Uganda Protectorate shall rank as a province of equal rank with any other provinces into which the Protectorate may be divided.
4 The revenue of the Kingdom of Uganda, collected by the Uganda Administration, will be merged in the general revenue of the Uganda Protectorate, as will that of the other provinces of this Protectorate.
5 The laws made for the general governance of the Uganda Protectorate by Her Majesty's Government will be equally applicable to the Kingdom of Uganda, except in so far as they may in any particular conflict with the terms of this Agreement, in which case the terms of this Agreement will constitute a special exception in regard to the Kingdom of Uganda.
6 So long as the Kabaka, Chiefs, and people of Uganda shall conform to the laws and regulations instituted for their governance by Her Majesty's Government and shall co-operate loyally with Her Majesty's Government in the organization and administration of the said Kingdom of Uganda, Her Majesty's Government agrees to recognize the Kabaka of Uganda as the native ruler of the province of Uganda under Her Majesty's protection and over-rule. The King of Uganda shall henceforth be styled His Highness the Kabaka of Uganda. On the death of a Kabaka, his successor shall be elected by a majority of votes in the Lukiko, or native council. The range of selection, however, must be limited to the Royal Family of Uganda, that is to say, to the descendants of King Mutesa. The name of the person chosen by the native council must be submitted to Her Majesty's Government for approval, and no person shall be recognized as Kabaka of Uganda whose election has not received the approval of Her Majesty's Government. The jurisdiction of the native Court of the Kabaka of Uganda, however, shall not extend to any person not a native of the Uganda province. The Kabaka's courts shall be entitled to try natives for capital crimes, but no death sentence may be carried out by the Kabaka, or his Courts, without the sanction of Her Majesty's representative in Uganda. Moreover, there will be a right of appeal from the native Courts to the principle Court of Justice established by Her Majesty in the Kingdom of Uganda as regards all sentences which inflict a term of more than five years' imprisonment or a fine of over £100. In the case of any other sentences imposed by the Kabaka's Courts, which may seem to Her Majesty's Government disproportioned or inconsistent with humane principles, Her Majesty's representatives in Uganda shall have the right of remonstrance with the Kabaka, who shall, at the request of the said representative, subject such sentence to reconsideration.
The Kabaka of Uganda shall be guaranteed by Her Majesty's Government from out of the local revenue of the Uganda Protectorate a minimum yearly allowance of £500 a year.
During the present Kabaka's minority, however, in lieu of the above-mentioned subvention, there will be paid to the master of his household, to meet his household expenditure, WO a year, and during his minority the three persons appointed to act as Regents will receive an annual salary of £400 a year. Kabakas of Uganda will be understood to have attained their majority when they have reached the age of 18 years. The Kabaka of Uganda shall be entitled to a salute of nine guns on ceremonial occasions when such salutes are customary.
7 The Namasole, or mother of the present Kabaka. (Chua), shall be paid during her lifetime an allowance at the rate of £50 a year. This allowance shall not necessarily be continued to the mothers of other Kabakas.
8 All cases, civil or criminal, of a mixed nature, where natives of the Uganda province and non-natives of that province are concerned, shall be subject to British Courts of Justice only.
9 For purposes of native administration the Kingdom of Uganda shall be divided into the following districts or administrative counties:

(1) Kiagwe	(6) Buyaga	(11) Butambala (Bweya)	(16) Sese
(2) Bugerere	(7) Bwekula	(12) Kiadondo	(17) Buddu
(3) Bulemezi	(8) Singo	(13) Busiro	(18) Koki
(4) Buruli	(9) Busuju	(14) Mawokoto	(19) Mawogola
(5) Bugangadzi	(10) Gomba (Butunzi)	(15) Buvuma	(20) Kabula

At the head of each county shall be placed a chief who shall be selected by the Kabaka's Government, but whose name shall be submitted for approval to Her Majesty's representative. This chief, when approved by Her Majesty's representative, shall be guaranteed from out of the revenue of Uganda a salary at the rate of E200 a year. To the chief of a county will be entrusted by Her Majesty's Government, and by the Kabaka, the task of administering justice among the natives dwelling in his county, the assessment and collection of taxes, the upkeep of the main roads, and the general supervision of native affairs. On all questions but the assessment and collection of taxes the chief of the county will report direct to the King's native ministers, from whom he will receive his instructions. When arrangements have been made by Her Majesty's Government for the organization of a police force in the province of Uganda, a certain number of police will be placed at the disposal of each chief of a county to assist him in maintaining order. For the assessment and payment of taxes, the chief of a county shall be immediately responsible to Her Majesty's representative, and should he fail in his duties in this respect, Her Majesty's representative shall have the right to call upon the Kabaka to dismiss him from his duties and appoint another chief in his stead. In each county an estate, not exceeding an area of 8 square miles, shall be attributed to the chieftainship of a county, and its usufruct shall be enjoyed by the person occupying, for the time being, the position of chief of the county.
10 To assist the Kabaka of Uganda in the government of his people he shall be allowed to appoint three native Officers of State, with the sanction and approval of Her Majesty's representative in Uganda (without whose sanction such appointments shall not be valid)-a Prime Minister, otherwise known as Katikiro; a Chief Justice; and a Treasurer or Controller of the Kabaka's revenues. These officials shall be paid at the rate of £300 a year. Their salaries shall be guaranteed them by Her Majesty's Government from out of the funds of the Uganda Protectorate. During the minority of the Kabaka these three officials shall be constituted the Regents, and when acting in that capacity shall receive salary at the rate of £400 a year. Her Majesty's chief representative in Uganda shall at any time have direct access to the Kabaka, and shall have the power of discussing matters affecting Uganda with the Kabaka alone or, during his minority, with the Regents, but ordinarily the three officials above designated will transact most of the Kabaka's business with the Uganda Administration. The Katikiro shall be ex officio the President of the Lukiko, or native council; the Vice-President of the Lukiko shall be the native Minister of Justice for the time being; in the absence of both Prime Minister and Minister of Justice, the Treasurer of the Kabaka's revenues, or third minister, shall preside over the meetings of the Lukiko.
11 The Lukiko, or native council, shall be constituted as follows: 'In addition to the three native ministers who shall be ex officio senior members of the council, each chief of a county (twelve in all) shall be ex officio a member of the Council. Also each chief of a county shall be permitted to appoint a person to act as his lieutenant in this respect to attend the meetings of the council during his absence, and to speak and vote in his name. The chief of a county, however, and his lieutenant may not both appear simultaneously at the council. In addition, the Kabaka shall select from each county three notables, whom he shall appoint during his pleasure, to be members of the Lukiko or native council. The Kabaka may at any time deprive any individual of the right to sit on the native council, but in such a case shall intimate his intention to Her Majesty's representative in Uganda, and receive his assent thereto before dismissing the member. The functions of the council will be to discuss all matters concerning the native administration of Uganda, and to forward to the Kabaka resolutions which may be voted by a majority regarding measures to be adopted by the said administration. The Kabaka shall further consult with Her Majesty's representative in Uganda before giving effect to any such resolutions voted by the native council, and shall, in this matter, explicitly follow the advice of Her Majesty's representative. The Lukiko, or a committee thereof, shall be a Court of Appeal from the decisions of the Courts of the First Instances held by the chiefs of counties. In all cases affecting property exceeding the value of £5, or imprisonment exceeding one week, an appeal for revision may be addressed to the Lukiko. In all cases involving property or claims exceeding £100 in value, or a sentence of imprisonment exceeding five years, or sentences of death, the Lukiko shall refer the matter to the consideration of the Kabaka, whose decision when countersigned by Her Majesty's chief representative in Uganda shall be final. The Lukiko shall not decide any questions affecting the persons or property of Europeans or others who are not natives of Uganda. No person may be elected to the Lukiko who is not a native of the Kingdom of Uganda. No question of religious opinion shall be taken into consideration in regard to the appointment by the Kabaka of members of the council. In this matter he shall use his judgement and abide by the advice of Her Majesty's representative, assuring in this manner a fair proportionate representation of all recognised expressions of religious belief prevailing in Uganda.'
12 In order to contribute to a reasonable extent towards the general cost of the maintenance of the Uganda Protectorate, there shall be established the following taxation for Imperial purposes, that is to say, the proceeds of the collection of these taxes shall be handed over intact to Her Majesty's representative in Uganda as the contribution of the Uganda province towards the general revenue of the Protectorate.
The taxes agreed upon at present shall be the following:
'(a) A hut tax of three rupees, or 4s. per annum, on any house, hut or habitation used as a dwelling-place.
(b) A gun tax of three rupees, or 4s. per annum, to be paid by any person who possesses or uses a gun, rifle or pistol.'
The Kingdom of Uganda shall be subject to the same Customs Regulations, Porter Regulations, and so forth, which may, with the approval of Her Majesty, be instituted for the Uganda Protectorate generally, which may be described in a sense as exterior taxation, but no further interior taxation, other than the hut tax, shall be imposed on the natives of the province of Uganda without the agreement of the Kabaka, who in this matter shall be guided by the majority of votes in his native council. This arrangement, however, will not affect the question of township rates, lighting rates, water rates, market dues, and so forth, which may be treated apart as matters affecting municipalities or townships; nor will it absolve natives from obligations as regards military service, or the up-keep of main roads passing through the lands on which they dwell. A hut tax shall be levied on any building which is used as a dwelling-place. A collection of not more than four huts, however, which are in a separate and single enclosure and are inhabited only by a man and his wife, or wives, may be counted as one hut. The following buildings will be exempted from the hut tax: temporary shelters erected in the fields for the purposes of watching plantations; or rest houses erected by the roadside for passing travellers; buildings used solely as tombs, churches, mosques or schools, and not slept in or occupied as a dwelling; the residence of the Kabaka and his household (not to exceed fifty buildings in number); the residence of the Namasole, or Queen Mother (not to exceed twenty in number); the official residences of the three native ministers, and of all the chiefs of counties (not to exceed ten buildings in number); but in the case of dispute as to the liability of a building to pay hut tax, the matter must be referred to the collector for the province of Uganda, whose decision must be final. The collector of a province may also authorize the chief of a county to exempt from taxation any person whose condition of destitution may, in the opinion of the collector, make payment of such tax an impossibility. By collector is meant the principal British official representing the Uganda Administration in the province of Uganda.
The representative of Her Majesty's Government in the Uganda Protectorate may from time to time direct that in the absence of current coin, a hut or gun tax may be paid in produce or in labour according to a scale which shall be laid down by the said representative. As regards the gun tax, it will be held to apply to any person who possesses or makes use of a gun, rifle, pistol, or any weapon discharging a projectile by the aid of gunpowder, dynamite or compressed air. The possession of any cannon or machine gun is hereby forbidden to any native of Uganda. A native who pays a gun tax may possess or use as many as five guns. For every five or for every additional gun up to five, which he may be allowed to possess or use, he will have to pay another tax. Exemptions from the gun tax will, however, be allowed to the following extent: 'The Kabaka will be credited with fifty gun licences free, by which he may arm as many as fifty of his household. The Queen mother will, in like manner, be granted ten free licences annually, by which she may arm as many as ten persons of her household; each of the three native ministers (Katikiro, Native Chief Justice, and Treasurer of the Kabaka's revenue) shall be granted twenty free gun licences annually, by which they may severally arm twenty persons of their household. Chiefs of counties will be similarly granted ten annual free gun licences; all other members of the Lukiko or native council, not Chiefs of counties, three annual gun licences, and all landed proprietors in the county, with estates exceeding 500 acres in extent, one free annual gun licence.'
13 Nothing in this Agreement shall be held to invalidate the preexisting right of the Kabaka of Uganda to call upon every ablebodied male among his subjects for military service in defence of the country; but the Kabaka henceforth will only exercise this right of conscription, or of levying native troops, under the advice of Her Majesty's principal representative in the Protectorate. In times of peace, the armed forces, organized by the Uganda Administration, will probably be sufficient for all purposes of defence, but if Her Majesty's representative is of opinion that the force of Uganda should be strengthened at any time, he may call upon the Kabaka to exercise in a full or in a modified degree his claim on the Baganda people for military service. In such an event the arming and equipping of such force would be undertaken by the administration of the Uganda Protectorate.
14 All main public roads traversing the Kingdom of Uganda and all roads the making of which shall at any time be decreed by the native council with the assent of Her Majesty's representative, shall be maintained in good repair by the chief of the Saza (or county) through which the road runs. The chief of a county shall have the right to call upon each native town, village, or commune, to furnish labourers in the proportion of one to every three huts or houses, to assist in keeping the established roads in repair, provided that no labourers shall be called upon to work on the roads for more than one month in each year. Europeans and all foreigners whose lands abut on established main roads, will be assessed by the Uganda Administration and required to furnish either labour or to pay a labour rate in money as their contribution towards the maintenance of the highways. When circumstances permit, the Uganda Administration may further make grants from out of its Public Works Department, for the construction of new roads or any special repairs to existing highways, of an unusually expensive character.
15 The land of the Kingdom of Uganda shall be dealt with in the following manner: Assuming the area of the Kingdom of Uganda, as comprised within the limits cited in this agreement, to amount to 19,600 square miles, it shall be divided in the following proportions:

	Square miles
Forests to be brought under control of the Uganda Administration	1,500
Waste and uncultivated land to be vested in Her Majesty's Government, and to be controlled by the Uganda Administration	9,000
Plantations and other private property of His Highness the Kabaka of Uganda	350
Plantations and other private property of the Namasole (Note.-If the present Kabaka died and another Namasole were appointed, the existing one would be permitted to retain as her personal property 6 square miles, passing on 10 square miles as the endowment of every succeeding Namasole.)	16
Plantations and other private property of the Namasole, Mother of Mwanga	10
To the Princes: Joseph, Augustine, Rarnazan, and Yusufu-Suna, 8 square miles each	32
For the Princesses, sisters, and relations of the Kabaka	90
To the Abamasaza (chiefs of counties), twenty in all 8 square miles each (private property): 160 Official estates attached to the posts of the Abamasaza, 8 square miles each: 160	320
The three Regents will receive private property to the extent of 16 square miles each: 48 And official property attached to their office, 16 square miles each, the said official property to be afterwards attached to the posts of the three native ministers: 48	96
Mbogo (the Muhammedan chief) will receive for himself and his adherents	24
Kamswaga, chief of Koki, will receive	20
One thousand chiefs and private landowners will receive the estates of which they are already in possession, and which are computed at an acreage of 8 square miles per individual, making atotal of	8,000
There will be allotted to the three missionary societies in existence in Uganda as private property, and in trust for the native churches, as much as	92
Land taken up by the Government for Government stations prior to the present settlement (at Kampala, Entebbe, Masaka, etc., etc.)	50
Total	19,600

After a careful survey of the Kingdom of Uganda has been made, if the total area should be found to be less than 19,600, then that portion of the country which is to be vested in Her Majesty's Government shall be reduced in extent by the deficiency found to exist in the estimated area. Should, however, the area of Uganda be established at more than 19,600 square miles, then the surplus shall be dealt with as follows:
'It shall be divided into two parts, one-half shall be added to the amount of land which is vested in Her Majesty's Government, and the other half will be divided proportionately among the properties of the Kabaka, the three Regents or native ministers, and the Abamasaza, or chiefs of counties.
'The aforesaid 9,000 square miles of waste or cultivated, or uncultivated land, or land occupied without prior gift of the Kabaka or chiefs by bakopi or strangers, are hereby vested in Her Majesty the Queen of Great Britain and Ireland, Empress of India, and Protectress of Uganda, on the understanding that the revenue derived from such lands shall form part of the general revenue of the Uganda Protectorate.
'The forests, which will be reserved for Government control, will be, as a rule, those forests over which no private claim can be raised justifiably, and will be forests of some continuity, which should be maintained as woodland in the general interests of the country.
'As regards the allotment of the 8,000 square miles among the 1,000 private landowners, this will be a matter to be left to the decision of the Lukiko, with an appeal to the Kabaka. The Lukiko will be empowered to decide as to the validity of claims, the number of claimants and the extent of land granted, premising that the total amount of land thus allotted amongst the chiefs and accorded to native landowners of the country is not to exceed 8,000 square miles.
'Europeans and non-natives, who have acquired estates, and whose claims thereto have been admitted by the Uganda Administration, will receive title-deeds for such estates in such manner and with such limitations, as may be formulated by Her Majesty's representative. The official estates granted to the Regents, native ministers, or chiefs of counties, are to pass with the office, and their use is only to be enjoyed by the holders of the office.
'Her Majesty's Government, however, reserves to itself the right to carry through or construct roads, railways, canals, telegraphs or other useful public works, or to build military forts or works of defence on any property, public or private, with the condition that not more than 10 per centum of the property in question shall be taken up for these purposes without compensation, and that compensation shall be given for the disturbance of growing crops or of buildings.'
16 Until Her Majesty's Government has seen fit to devise and promulgate forestry regulations, it is not possible in this Agreement to define such forests rights as may be given to the natives of Uganda; but it is agreed on behalf of Her Majesty's Government, that in arranging these forestry regulations, the claims of the Baganda. people to obtain timber for building purposes, firewood, and other products of the forests or uncultivated lands, shall be taken into account, and arrangements made by which under due safeguards against abuse these rights may be exercised gratis.
17 As regards mineral rights. The rights to all minerals found on private estates shall be considered to belong only to the owners of these estates, subject to a 10 per centum ad valorem duty, which shall be paid to the Uganda Administration when the minerals are worked. On the land outside private estates, the mineral rights shall belong to the Uganda Administration, which, however, in return for using or disposing of the same must compensate the occupier of the soil for the disturbance of growing crops or buildings, and will be held liable to allot to him from out of the spare lands in the Protectorate an equal area of soil to that from which he has been removed. On these waste and uncultivated lands of the Protectorate, the mineral rights shall be vested in Her Majesty's Government as represented by the Uganda Administration. In like manner the ownership of the forests, which are not included within the limits of private properties, shall be henceforth vested in Her Majesty's Government.
18 In return for the cession to Her Majesty's Government of the right of control over 10,550 square miles of waste, cultivated, uncultivated, or forest lands, there shall be paid by Her Majesty's Government in trust for the Kabaka (upon his attaining his majority) a sum of £500, and to the three Regents collectively, £600, namely, to the Katikiro £300, and the other two Regents £150 each.
19 Her Majesty's Government agrees to pay to the Muhammedan Uganda Chief, Mbogo, a pension for life of £250 a year, on the understanding that all rights which he may claim (except such as are guaranteed in the foregoing clauses) are ceded to Her Majesty's Government.
20 Should the Kingdom of Uganda fail to pay to the Uganda Administration during the first two years after the signing of this Agreement, an amount of native taxation, equal to half that which is due in proportion to the number of inhabitants; or should it at any time fail to pay without just cause or excuse, the aforesaid minimum of taxation due in proportion to the population, or should the Kabaka, Chiefs, or people of Uganda pursue, at any time, a policy which is distinctly disloyal to the British Protectorate; Her Majesty's Government will no longer consider themselves bound by the terms of this Agreement.
On the other hand, should the revenue derived from the hut and gun tax exceed two years running a total value of £45,000 a year, the Kabaka and chiefs of counties shall have the right to appeal to Her Majesty's Government for an increase in the subsidy given to the Kabaka, and the stipends given to the native ministers and chiefs, such increase to be in the same proportional relation as the increase in the revenue derived from the taxation of the natives.
21 Throughout this Agreement the phrase 'Uganda Administration' shall be taken to mean that general government of the Uganda Protectorate, which is instituted and maintained by Her Majesty's Government; 'Her Majesty's representative' shall mean the Commissioner, High Commissioner, Governor, or principal official of any designation who is appointed by Her Majesty's Government to direct the affairs of Uganda.
22 In the interpretation of this Agreement the English text shall be the version which is binding on both parties.

Done in English and Luganda at Mengo, in the Kingdom of Uganda, on the 10th March, 1900.

H. H. JOHNSTON, Her Majesty's Special Commissioner, Commander-in-Chief and Consul-General,
on behalf of Her Majesty the Queen of Great Britain and Ireland, Empress of India.
APOLLO, Katikiro, Regent.
MUGWANYA, Katikiro, Regent.
MBOGO NOHO, his X mark.
ZAKARIA KIZITO, Kangawo, Regent.
SEBAUA, Pokino.
YAKOBO, Kago.
PAULO, Mukwenda.
KAMSWAGA, of Koki, his X mark.

(On behalf of the Kabaka, Chiefs, and people of Uganda.) Witness to the above signatures:

F. J. Jackson, Her Majesty's Vice-Consul.
J. Evatt, Lieutenant-Colonel.
James Francis Cunningham.
Alfred R. Tucker, Bishop of Uganda.
Henry Hanlon, Vicar Apostolic of the Upper Nile.
E. Bresson (for Mgr. Streicher, White Fathers).
R. H. Walker.
Matayo, Mujasi.
Latusa, Sekibobo.
Matayo, Kaima.
Yokana, Kitunzi
Santi Semindi, Kasuju.
Anderea, Kibugwe.
Sereme, Mujasi, his X mark.
Coprien Luwekula.
Nova, Jumba Gabunga.
Ferindi, Kyabalango.
Saulo, Lumana.
Yokano Bunjo, Katikiro of Namasole.
Yosefu, Katambalwa.
Zakayo, Kivate.
Hezikaya, Namutwe.
Ali, Mwenda, his X mark.
Nselwano, Muwemba.
Sernioni Sebuta, Mutengesa.
Njovu Yusufu, Kitambala, his X mark.
Kata, Nsege.

Note: The term "Uganda" is from the Swahili and means "Land of the Ganda". Originally, (and as used throughout the above agreement) this term applied only to the Buganda kingdom. As British colonial control expanded outwards from this central territory, the term was retained for the whole Protectorate. The central territory was distinguished from the wider colony by using its indiginous name of Buganda.

The 1966 Crisis in Buganda

A deep political crisis arose in Uganda in the early part of 1966. The events surrounding this crisis culminated in the Uganda Army attacking the palace of the king of Buganda, the late Kabaka Fredrick Walugembe Muteesa II (affectionately known as King Freddie) on May 24th. The army was intent on capturing and killing King Freddie. After a day long battle in which the army deployed tanks and heavy artillery, it became evident that the Kabaka and his defenders with their small arms could not hold the palace against the attacking force. Fortunately, the Kabaka was able to elude capture and with the help of several loyal supporters was able to escape into exile. For the first time in Uganda's short history, the state had deliberately and systematically turned its guns on its own people. This attempt to destroy the Buganda kingdom and the culture of its people was truly momentous in the country's history.

Here is some background information that will help put the crisis in context. Prior to the 1962 elections, the main political parties in pre-independence Uganda were the Democratic Party (DP) and the Uganda People's Congress (UPC). The UPC itself was born of a coalition of smaller parties that came together under the leadership of Apollo Milton Obote. The Kabaka Yekka (KY) party was hurriedly formed shortly before the elections mainly as a political movement to advance the interests of the Buganda Kingdom in the emerging new nation of Uganda. A political alliance was formed between UPC and KY at the time of the 1962 elections to defeat DP. After the elections, UPC and KY formed a coalition government and Obote, head of UPC became the Prime Minister. A year later, Obote nominated the Kabaka of Buganda to serve in the largely ceremonial position of President of Uganda and parliament concurred. This political marriage of convenience quickly soured however in 1964 when Obote championed a parliamentary bill providing for a referendum in the Buganda counties of Buyaga and Bugangazzi, which led to those counties seceding from Buganda and reverting to Bunyoro.

The relationship between UPC and KY was never smooth after that. Naturally, Obote feared that his support in the Buganda region was eroding. He ordered the security forces to react with maximum force to any perceived sign of opposition. This new policy was starkly demonstrated on November 10, 1964 following a minor domestic scuffle at Nakulabye on the outskirts of Kampala. Thinking it was an anti-government riot, the police went on a rampage that covered a radius of up to three miles from the scene of the original incident. Six people were shot dead by police including two school children. Three were shot point-blank inside their own homes. The incident was investigated by Chris Kantinti, a senior margistrate whose report concluded that the people had been the victims of a deliberate, violent and unprovoked attack by armed policemen. Despite the official government condemnation of the incident, the officer in charge of the operation was later promoted to regional commander for the Eastern region.

Meanwhile, some divisions had developed within the ranks of UPC. Some prominent party members accused Obote of having dictatorial tendencies, and of fostering tribal rivalries within UPC and the national army. Obote's position as head of the UPC had become tenuous and it was apparent that he would face a formidable challenge at the party's Delegates' Conference due to be held before the next national elections in 1967. Obote was anxious to forestall any opposition.

Another problem bedevilling the country at the time was the widespread corruption at various levels of government, so much so that Obote himself was personally implicated. He was alleged to have been involved in the smuggling of gold, ivory and coffee from Zaire (then Congo Kinshasa) with the collaboration of Col. Amin. On February 4, 1966; Mr. Daudi Ochieng, a KY member of parliament, introduced a bill calling for a commission of inquiry into these activities and the suspension of Col. Amin until such inquiry was completed. Obote's response and retribution came on February 22, when he had five of his cabinet ministers (Ibingira, Magezi, Lumu, Kirya and Ngobi) arrested during a cabinet meeting and held without trial; suspended the constitution, and assumed all executive powers. Needless to say, all this was a direct violation of the constitution. On February 26, rather than suspend him, Obote appointed Amin as his army commander. On March 3, Obote dismissed the President and Vice- President and assumed the functions of the presidency. On April 15, the constitution was abrogated formally during a parliamentary session in which Obote was surrounded by troops and a 'Revolutionary' constitution was adopted by MPs who had not even seen it beforehand let alone debated its contents. This constitution later came to be known as the 'pigeon-hole' constitution.

The creeping coup had thus reached its zenith. Obote, now with the support of the senior ranks of the army saw himself as the only power in the land and he would brook no opposition. Any pretense at democracy was snuffed out throughout Uganda. The Buganda Kingdom was one of the few political institutions left that could speak out against this undemocratic turn of events. The crisis came to a head in May when on the 19th, the Buganda Lukiiko (regional parliament) passed a resolution requesting the government of Uganda to depart from Buganda soil. This was Buganda's response to the abrogation of the constitution that formed the basis on which Uganda had become independent. Obote seized the opportunity to crash Buganda. On May 24th, under the command of Col. Amin, the Uganda Army staged a bloody attack on the palace of the Kabaka of Buganda on Obote's orders ostensibly to forestall a coup. Security forces were deployed in Kampala and other areas of Buganda. The troops killed thousands of unarmed civilians and there was extensive looting, raping and torture by soldiers. Many royalists were arrested and imprisoned without trial and a state of emergency was declared in Buganda. The palace was set ablaze, and many centuries old cultural treasures were destroyed. All of this earned Obote the undying hostility of the people of Buganda who had always looked to the Kabaka as their leader and as a symbol of their ancient culture that stretched back over six centuries. The Kabaka had no army to resist Obote's putsch let alone stage a coup and he fled into exile in Britain where he died in suspicious circumstances three years later.

A judicial commission was set up to investigate the 'Gold Scandal' and Mr. Ochieng returned from an overseas trip to testify before the commission. Curiously, he took ill with "stomach pains" and was admitted to the government hospital at Mulago where he died on June 1, 1966 at the age of 41. The explanation of stomach pains leading to his death was not believed by most people.

In September 1967, Obote imposed a new 'Republican' constitution on the nation, and declared himself President without first calling an election. All kingdoms were abolished formally in the new constitution. Yet in a move typical of the man and intended to spite the Baganda, the abolition of The Kingdom of Buganda"No action may be instituted in any Court of law in respect of any matter or claim by any person under this article or under any provision made by Parliament pursuant thereto." Buganda's resilience however was clearly demonstrated when, after Obote was overthrown, the monarchy was restored by an Act of Parliament in 1993 and institutionalized in the new constitution of 1995. was made retroactive to May 24, 1966; unlike the other kingdoms whose abolition was effective with the coming into force of the 1967 constitution! The spirit of the 1967 constitution is captured in this quotation from article 118 which abolished the kingdoms:

The events of 1966 unleashed a repressive regime which in turn spawned an army coup in 1971 led by Amin. The killings and terror that were first perpetrated in Buganda in 1966 were now extended to other parts of Uganda. Since then, more than 1 million Ugandans are estimated to have lost their lives because of politically inspired violence perpetrated by the state or those revolting against the state. In retrospect, it is clear that the violent and unconstitutional system imposed on Uganda in 1966, which is symbolized by the events of May 24, 1966; was a watershed in our nation's history that needs to be remembered perpetually. A special prayer service to remember the victims of these tragic events was held on May 24, 1996. His Majesty Ronald Muwenda Mutebi II, the new Kabaka of Buganda, gave this talk at the service.

APPENDIX B Statement By The Governor (This is the statement referred to in Article 43 of the Agreed Recommendations of the Namirembe Conference)

1. The Secretary of State for the Colonies on behalf of H.M. Government stated in the House of Commons on the 23rd February, 1954, that "the long-term aim of H.M. Government is to build the Protectorate into a self-governing state" and that "when self-government is achieved the government of the country will be mainly in the hands of Africans." He also stated that "when the time for self-government eventually comes H.M. Government will wish to be satisfied that the rights of the minority communities resident in Uganda are properly safeguarded in the constitution, but this will not detract from the primarily African character of the country."

2. In accordance with this statement of policy the ultimate aim of constitutional development in Uganda is a responsible Government answerable to an elected Legislature of the whole Protectorate, with proper safeguards in the constitution for the rights of the minority communities resident in Uganda. As an immediate stop towards this eventual aim I propose to make certain recommendations to the Secretary of State.

3. I am anxious that members of the public should be more closely associated than they are at present in the formation and execution of policy. Not only is this desired by many members of the public; I am convinced that by bringing the Government closer to the people such a step would promote the orderly and smooth progress of the country.

4. I accordingly propose to make the following recommendations to the Secretary of State:

(1) A Ministerial system should be introduced.

(2) Seven members of the public, of whom five would be Africans, should be invited to join the Government and to sit on the Government side of the Legislative Council.

(3) Of these seven persons joining the Government, five, of whom three would be Africans, would be members of the Executive Council with the status of Ministers. Of these five Ministers, two -one African and one other- would have full executive responsibility under the Governor for groups of departments; one, an African, while he would be a full member of the Executive Council, would be an Assistant Minister dealing under the Minister concerned with the large portfolio of Social Services covering Education, Health, African Housing and Labour; while the other two would not have executive responsibility, but would, I should hope, concern themselves with particular spheres of Government activity. In addition there would be two African Parliamentary Under-Secretaries.

(4) The selection of these Ministers and Parliamentary Under-Secretaries and the allocation of responsibilities to them would be in the Governor's discretion. He would choose them, on grounds of merit, either from the representative side of the Legislative Council, at which he should, I suggest, look particularly, or from the cross-bench or from outside the Council.

(5) There would be nine official members of the Executive Council, as against ten at present, of whom six or seven would have Ministerial status. All these six or seven other than the Attorney General, who is the Government's principal Legal Adviser, would have executive responsibility for departments.

(6) The membership of the Council, including the Governor, would thus be fifteen, with nine official members other than the Governor and three Africans and two others drawn from the general public as against one African and four others at present.

(7) The Executive Council would be the principal instrument of policy and the members would be required publicly to support any policy decided upon by it. The Governor would consult the Executive Council on all important matters save in exceptional circumstances and, although he would continue to have the constitutional right to act against the advice of members of Executive Council, he would not, I should assume, do so save in exceptional circumstances.

(8) Ministers with executive responsibility, whether officials or members of the general public, would have the function under the Governor of forming and directing policy within their spheres of responsibility. But heads of departments would retain their full present status and responsibility for the administration of their departments.

(9) Parliamentary Under-Secretaries would have the functions of assisting their Ministers in the presentation of Government measures in Legislative Council, in answering questions and in debate; of assisting their Ministers generally in their work, including the formation of policy; and of travelling round the country and keeping in close touch with the public in connection with the work with which they were concerned.

5. The Legislative Council has recently been reorganised and enlarged and now has 56 instead of 32 members in addition to the Governor as President. There are now 28 representative members, of whom 14 are Africans, seven Europeans and seven Asians. The Government side of the Council consists of 17 officials and 11 cross-bench members drawn from the general public, of whom six are Africans. There are thus 20 African members in the present Council as against eight in the old Council.

6. I would not be prepared to recommend that the structure of the Legislative Council should be completely altered so soon after the recent change. But certain adjustments within the existing structure have in my opinion been shown to be desirable. Buganda with three members is, I consider, somewhat under-represented, while changes on the Government side of the Council are required to give effect to the proposals made above for the appointment of Ministers and Parliamentary Under-Secretaries drawn from the general public.

7. 1 therefore propose to make the following recommendations to the Secretary of State with regard to the Legislative Council:-

(1) Provided that the Great Lukiko agrees that Buganda should participate fully in the Legislative Council through members elected by whatever method is decided to be appropriate, I am prepared to recommend that the number of representative members from Buganda should be increased from three to five. In order to make this possible, the European and Asian representative members of the Council have stated their willingness each to give up one of their seven seats, the two members concerned transferring to the Government side of the Council on what is at present the cross-bench.

(2) This would increase the Government side of the Council from 28 to 30 and I propose that the representative side should also be increased to 30 by the addition of two further African members. One of these additional African seats would go to Busoga, the district, with the largest population outside Buganda; this would be on the assumption that the Busoga District Council would agree to elect members to Legislative Council. The other would go to one of the other most heavily populated districts outside Buganda.

(3) There would thus be 18 African representative members, six Asians and six Europeans.

(4) On the Government side of the Council there would be 10 or 11 official members instead of 17 at present. The Government side would also include the seven members of the public, five Ministers and two Parliamentary Under-Secretaries who would join the Government under the proposal in paragraph 4 (2) above. In so far as these seven members of the public joining the Government were drawn from the representative side or the cross-bench, they would be replaced there by other members drawn from the same section of the community as themselves.

(5) With the introduction of so substantial an element drawn from the general public onto what has hitherto been the official part of the Government side of the Council, I can see no reason for the retention of the cross-bench in its present form and this should, I propose, be converted into a Government back-bench. The members would still as at present be free to speak and vote as they like except on a motion of confidence.

(6) In addition to the three African Ministers and the two Parliamentary Under-Secretaries there would be seven other African members on the Government side of the Council -there are at present six Africans on the cross-bench. The total. number of Africans on the Council would thus be 30, 18 on the representative side and 12 on the Government side. In fact half the members of the Council would be Africans.

8. In order that a period of stability may be secured for the country, I would propose that no major changes in the above constitutional arrangements should be made for six years from the date of the introduction of these arrangements, if approved by H.M. Government; and that, assuming these arrangements are introduced in 1955, the position should be reviewed early in 1961, with a view to introducing any changes that are then agreed at the beginning of the life of the new Legislative Council which will come into being early in 1962.

9. In November, 1953, H.M. Government gave a most important assurance on the subject of East African federation. This assurance reads as follows: -

"Her Majesty's Government has no intention whatsoever of raising the issue of East African federation either at the present time or while local public opinion on this issue remains as it is at the present time. Her Majesty's Government fully recognises that public opinion in the Protectorate generally and Buganda in particular, including the opinion of the Great Lukiko, would be opposed to the inclusion of the Uganda Protectorate in any such federation; Her Majesty's Government has no intention whatsoever of disregarding this opinion either now or at any time, and recognises accordingly that the inclusion of the Uganda Protectorate in any such federation is outside the realm of practical politics at the present time or while public opinion remains as it is at the present time. As regards the more distant future, Her Majesty's Government clearly cannot state now that the issue of East African federation will never be raised, since public opinion in the Protectorate, including that of the Baganda, might change, and it would not in any case be proper for Her Majesty's Government to make any statement now which might be used at some time in the future to prevent effect being given to the wishes of the people of the Protectorate at that time. But Her Majesty's Government can and does say that, unless there is a substantial change in public opinion in the Protectorate, including that of the Baganda, the inclusion of the Protectorate in an East African federation will remain outside the realm of practical politics even in the more distant future."

This is a solemn and morally binding pledge which provides a full safeguard for the future. In order to ensure that, should the occasion ever arise in the future, public opinion throughout the Protectorate should be able to express itself fully and clearly, I am prepared to recommend to the Secretary of State that it should be laid down now that, should the occasion ever arise in the future to ascertain public opinion in terms of this pledge, the Protectorate Government would at that time consult fully with the Buganda Government and the other Authorities throughout the country as to the best method of ascertaining public opinion.

APPENDIX A Agreed Recommendations of the Namirembe Conference

CHAPTER I: CONSTITUTIONAL ARRANGEMENTS IN BUGANDA.

Article 1

The Kingdom of Buganda under the Kabaka's Government shall continue as heretofore to be an integral part of the Protectorate of Uganda.

Article 2

Wheresoever in these Articles the term "Buganda Government" appears, it shall bear the same meaning as "Kabaka's Government".

Article 3

The Kabaka shall succeed as heretofore to the throne of Buganda by descent and election of the Great Lukiko. The name of the person chosen by the Great Lukiko must be submitted to Her Majesty's Government for approval, and no person shall be recognised as Kabaka of Buganda whose election has not received the approval of Her Majesty's Government.

Article 4

The Kabaka shall retain all his traditional titles and dignities and shall continue to be the symbol of unity of the people of Buganda and between their past, present and future; and all rules governing ceremonies and customs appertaining to such dignities of the Kabaka shall be observed.

Article 5

Such constitutional reforms as may be brought into effect shall be consistent with the maintenance of the proper interests and dignity of the Royal House.

Article 6

Permanent provision shall be made whereby the Namasole, the Sabalangira and the Speaker of the Great Lukiko shall be appointed as Regents in the event of the infancy, absence or total incapacity of the Kabaka.

Article 7

Clan and succession cases shall be determined as heretofore, subject to the modifications shown in Appendix A.

Article 8

The conduct of the affairs of the Kabaka's Government shall be the responsibility of Ministers. All public acts done by the Kabaka's Government shall, so far as law and custom so ordain be done in the name of the Kabaka. Formal communications with the Protectorate Government shall be transmitted to and by the Buganda Ministers in accordance with this arrangement.

Article 9

The constitutional powers of the Kabaka shall, as far as is practicable, be exercised by the promulgation of written instruments signed by the Kabaka and counter-signed by a Minister. To signify final enactment, laws passed by the Great Lukiko shall be signed by the Kabaka.

Article 10

A Minister shall be legally and politically responsible for every act commanded or authorised to be done by him or by an instrument to which he has put his signature.

Article 11

Each Minister shall be politically responsible for the conduct of affairs in his own Department and the Ministers shall together be responsible as a Ministry within the functions assigned to the Kabaka's Government.

Article 12

There shall be six Ministers, namely the Katikiro, the Omulamuzi, the Omuwanika, the Minister of Health, the Minister of Education and the Minister of Natural Resources who shall together constitute the Ministry. The designations and departmental responsibilities of the six Ministers may be varied within the sphere of responsibility of the Ministry.

Article 13

The Ministers shall be appointed in the following manner: -

(1) Names of candidates for the office of Katikiro, shall be submitted to the Speaker of the Great Lukiko by a given date. Candidates must be nominated by not less than five members of the Great Lukiko.

(2) The list of candidates will then be presented by the Speaker to the Governor, who will be entitled to remove the name of any candidate whom he deems to be unacceptable.

(3) The list of candidates, excluding any names removed by the Governor, will then be placed before the Great Lukiko. Five week-days after the day upon which the names of candidates are placed before it by the Speaker, the Great Lukiko will proceed to elect by secret ballot from the list placed before it a person (hereinafter called the Katikiro Designate) who will be charged with the duty of forming a Ministry.

(4) Names of candidates for ministerial will then be submitted to the Speaker of the Great Lukiko, each candidate requiring to be nominated by not less than three members of the Great Lukiko. Any member of the Great Lukiko may nominate up to three candidates. The Katikiro Designate will be entitled to add further names to the list.

(5) Three week-days after the day on which names of candidates for ministerial office have been placed before it by the Speaker, the Great Lukiko will elect by secret ballot forty persons.

(6) The Katikiro Designate, after consultation with the Governor and such other persons as he thinks fit, will choose five ministerial colleagues from among the list of persons elected by the Great Lukiko. At least one of the persons chosen by him must be a serving Saza Chief.

(7) After the Governor has signified his approval of the persons thus chosen, the Kabaka will formally appoint the Katikiro Designate as Katikiro by handing him the Ddamula in accordance with custom, and will also formally appoint his five colleagues as Ministers. The Kabaka will then hand to each of the six Ministers the seal of his office.

(8) A Minister need not be a member of the Great Lukiko at the time of his appointment to office; if he is not already a member of the Great Lukiko he will become a member of the Great Lukiko ex official if he is appointed Katikiro, Omulamuzi or Omuwanika, and by nomination by the Kabaka if he is appointed one of the other three Ministers.

Article 14

The duration of a Lukiko, and the term of office of A Ministry appointed at the beginning of the life of a Lukiko, shall be five years. The term of office of a Ministry appointed other than at the beginning of the life of a Lukiko, shall be such period as remains until the expiry of the life of the Lukiko. The life of the Lukiko that is in existence when these Articles come into effect shall be prolonged from four to five years.

Article 15

A Ministry shall tender its resignation to the Kabaka through the Katikiro if a vote of no confidence in the Ministry on an important matter is proposed by twenty members and is carried in the Great Lukiko with the support of not less than two-thirds of the whole membership of the Great Lukiko. Fourteen days' notice shall be given of any motion of no confidence in the Ministry. It shall lie within the discretion of the Speaker of the Great Lukiko, to determine whether a motion of no confidence raises an issue that is important enough to justify its being debated.

Article 16

A Ministry may be collectively dismissed by the Governor in Council if in the opinion of the Governor in Council the Ministry has failed to accept or to act upon formal advice given to it by the Governor in Council thereby prejudicing peace, order or good government. Upon the dismissal of a Ministry by the Governor in Council the offices of the Ministers will become vacant.. The Governor shall notify the Kabaka accordingly, whereupon the Katikiro shall return the Ddamula and the Ministers shall return their seals of office to the Kabaka.

Article 17

(1) A Minister shall be dismissed by the Kabaka, upon conviction of a criminal offence for which the punishment is imprisonment without the option of a fine or which involves moral turpitude; or upon the production of a medical certificate that the Minister is incapacitated by reason of physical or mental infirmity from discharging the duties of his office.

(2) If in the opinion of the Katikiro a Minister has failed to carry out the policy or decisions of the Ministry either persistently or in an important matter he may propose to the Ministry that the said Minister be dismissed. If a majority of votes is cast in favour of the proposal (the Katikiro having an original and a casting vote), the Katikiro may dismiss the said Minister.

Article 18

The Katikiro shall give the Kabaka all necessary information on matters of public importance.

Article 19

Ministers shall be assisted by Permanent Secretaries who, in the case of the Departments administering services to be transferred to the Buganda Government, may be officers seconded by the Protectorate Government.

Article 20

The Permanent Secretary to the Katikiro, who will be who will be selected either from among Saza Chiefs or from among other senior officers of the Kabaka's Government shall be the Head of the Buganda Civil Service.

Article 21

There shall be established a Buganda Appointments Board, consisting of the Permanent Secretary to the Katikiro as chairman and four other members who will be persons experienced in public affairs but not at the time of their appointment actively engaged in politics. When the Board is constituted for the first time, the appointment of all of the members shall be made by the Kabaka on the advice of the Katikiro, subject to the approval of the Governor. Subsequent appointments of its members other than the chairman shall be made in the manner aforesaid; but the chairman, who will hold his office by virtue of his appointment as Permanent Secretary to the Katikiro, shall be appointed to his departmental post in the same manner as other Permanent Secretaries. Members other than the chairman shall hold office for five years and may be re-appointed; but arrangements for the rotation of membership shall be made. Members shall be dismissible by the Kabaka on the grounds specified in Article 17 (1) above.

Article 22

In order that officers of the Kabaka's Government shall stand outside the sphere of politics and shall have proper security of tenure, the Appointments Board and not the.Ministers shall be the authority that will make decisions regarding the appointment, promotion, transfer, dismissal and disciplinary control of all public officers serving under the Kabaka's Government, including Saza Chiefs but not including officers seconded by the Protectorate Government. Appointments of Chiefs and Permanent Secretaries shall be made by the Kabaka in conformity with the decisions of the Appointments Board. The approval of the Governor shall be required for the appointment and dismissal of Permanent Secretaries; but his approval of the decisions of the Appointments Board shall not be withheld save in exceptional circumstances. The Permanent Secretary to the Katikiro shall be dismissible by the Kabaka upon the recommendation of the Katikiro, subject to the approval of the Governor, should he fail to carry out the policy of the Kabaka's Government in matters other than those falling wholly within the purview of the Appointments Board.

Article 23

The regulations to be followed by the Appointments Board in the matters falling within it's jurisdiction shall be agreed between the two Governments. If either Government considers that the regulations have been infringed in any way, the two Governments shall consult together. If the matter cannot be settled by such consultation, a committee to examine the matter shall be set up in consultation between the two Governments, should either Government so desire.

Article 24

The Saza, Gombolola and Miruka Chiefs shall remain the backbone of public administration in Buganda and shall be responsible to the Katikiro, subject to the Governor's ultimate authority, for the maintenance of law and order. As soon as is practicable, the Protectorate Government shall put at the disposal of each Saza Chief, either in or in proximity to his saza, a unit of the Protectorate Police to assist in the maintenance of law and order. The Protectorate Government shall arrange training courses for the Buganda Government Police with a view to raising standards of efficiency.

Article 25

The composition and method of election of the Great Lukiko shall for the present time remain unaltered. Before the next general election of the Great Lukiko, however, consideration shall be given to the questions whether the present system whereby three representatives are elected from each saza should be varied in cases where there are large differences in population between sazas; and whether the requirement that representatives of a saza must be resident in the saza should be abolished.

ArticIe 26

There shall be a Speaker of the Great Lukiko, who shall receive a salary to be determined by law. The first business of the Great Lukiko after a general election shall be the election of a Speaker. The Speaker shall be chosen from among former Buganda Ministers, former Saza Chiefs or other persons who have had long experience of membership of the Great Lukiko. The Great Lukiko shall elect a Deputy Speaker with similar qualifications from among its own members. Either the Speaker or the Deputy Speaker shall preside at every meeting of the Great Lukiko. If the Speaker is acting as a Regent the Deputy Speaker shall preside.

Article 27

There shall be the following Committees of the Great Lukiko: Finance Committee, Public Works Committee, Education Committee, Health Committee, Natural Resources Committee, Community Development and Local Government Committee and such other committees, permanent or, for a particular purpose, as the Great Lukiko deems expedient. Each permanent Committee shall be under the chairmanship of the appropriate Minister and shall have attached to it the Permanent Secretary or Secretaries of the Department or Departments concerned and such other administrative and technical officers and other persons as it requires for its efficient working. Officers or other persons attached to a Committee shall have the right to speak but not to vote. It shall be the function of each Committee to study policy in the field of government with which it is concerned, and to give advice to the Minister responsible. The existence of these committees shall in no wise detract from the individual responsibility of Ministers for the conduct of their Departments or from the responsibility of the Ministry as a whole for the general course of policy in matters committed to it. The recommendations in this Article do not affect the position of the Standing Committee.

Article 28

Every Kabaka shall henceforward on becoming Kabaka enter a Solemn Engagement with the Great Lukiko and people of Buganda and, with Her Majesty's Government, formally accepting and agreeing to be bound by these Articles and by the Uganda Agreement, 1900, and any amendments thereto, and undertaking not to prejudice the security and welfare of his people and the Protectorate.

Article 29

So long as the Kabaka shall observe his Solemn Engagement, Her Majesty's Government agrees to recognise the Kabaka as the ruler of the Kingdom of Buganda.

CHAPTER II: RELATIONSHIP OF BUGANDA WITH THE PROTECTORATE

Article 30

The functions entrusted to the Kabaka's Government shall be formally defined in a document that shall be brought into operation simultaneously with the Agreement, amending or supplementing' the Uganda Agreement, 1900, which will be negotiated after the recommendations of this Conference have been accepted by Her Majesty's Government and the Great Lukiko. At the outset these functions shall be those at present carried on by the Kabaka's Government, together with those listed in paragraph 2 of the Memorandum on Constitutional Development and Reform in Buganda, issued in March, 1953. Local government in the sazas shall be the responsibility of the Buganda Government, with the advice and assistance of the Protectorate Government; the position in townships and trading centres will be examined in accordance with Article 47. In community development the Buganda Government and its officers shall work in co-operation with the Protectorate Community Development Department. The list of functions may subsequently be varied by agreement between the Protectorate and Buganda Governments.

Article 31

The Buganda Government shall administer the services for which it is responsible in accordance with the general policy of the Protectorate Government and (subject to Article 5 of the Uganda Agreement, 1900) in conformity with the laws governing those services. It shall initiate policy in the spheres of responsibility thus committed to it, provided that its policies shall not be opposed to the general policies of the Protectorate Government. In the formulation of Protectorate policies in relation to those services from time to time, expression will be given to the views of the people of Buganda by the representatives of Buganda on the Legislative and Executive Councils and by the representatives of the Buganda Government on the Consultative Committees referred to in Article 32 below.

Article 32

There shall be established Consultative Committees on education, medical and health questions, natural resources, local government and community development. Buganda shall be represented by the Minister and Permanent Secretary concerned and by two or three unofficial members of the Great Lukiko Committee dealing with the subject. The Protectorate shall be represented by the Member of Executive Council, the Parliamentary Under-Secretary (if any) and the head or heads of the Departments concerned, and the Resident, Buganda.

Article 33

The functions of Consultative Committees shall be:

(a) to enable the Buganda Government to express its views on Protectorate policy;

(b) to secure that Protectorate and Buganda policy are not in conflict;

(c) to discuss all matters of common interest.

The Committees shall meet at regular intervals.

Article 34

The Protectorate Government, through the Departments concerned, shall be entitled to inspect the administration of the services to be transferred.

Article 35

Officers of the Protectorate Government shall be seconded to the Buganda Government for the purpose of giving assistance in the administration of the services to be transferred, under the conditions envisaged by paragraphs 4 and 5 of the Memorandum on Constitutional Development and Reform in Buganda, issued in March, 1953.

Article 36

The functions of officers of the Protectorate Government (other than seconded officers) in their relations with the Buganda Government and its officers shall be those of advice and assistance.

Article 37

If, upon any disagreement arising between the two Governments, differences cannot be resolved by use of the machinery of a Consultative Committee, the matter shall be referred to a joint meeting, under the chairmanship of the Governor, of Members of the Executive Council and the Buganda Ministers. Such a meeting shall not only have regard to the general interests of the Protectorate but shall also take fully into account and give due weight to the views of Buganda. Such a meeting may also, if necessary, be convened in order to resolve any disagreement arising out of a reply by the Governor to a resolution of the Great Lukiko, if the matter cannot be settled by the ordinary process of consultation between the Buganda Minister concerned and the Resident.

Article 38

If, after the exhaustion of the above consultative processes, an issue remains unresolved which, in the opinion of the Governor in Council, affects peace, order or good government, it shall be open to the Governor in Council to give formal advice to the Buganda Ministry. If the Ministry then refuses or fails to act in accordance with such advice, it shall be open to the Governor in Council to dismiss the Ministry, as was explained in Article 16. The Governor shall be entitled to act in his discretion in agreeing to laws passed by the Great Lukiko, although upon any question arising out of any such law which he considers to be a question of principle he will consult with his Executive Council.

Article 39

The Resident shall be the Governor's representative in dealing with the Kabaka's Government. His functions shall be to advise and assist the Kabaka's Government, to keep it informed of Protectorate Government policy in so far as this is not covered by the Consultative Committees, and to ensure that the Protectorate Government is kept fully aware of its views and of important developments in Buganda. He shall be assisted by a Deputy Resident.

Article 40

A programme for the development of local government bodies responsible to the Buganda Government in the sazas, in accordance with paragraph 14 of the Memorandum on Constitutional Development and Reform in Buganda issued in March, 1953, shall be drawn up by the Katikiro and Resident in consultation and considered by the Consultative Committee on Local Government referred to in Article 32. After this programme has been approved by the Buganda and Protectorate Governments and the necessary legislation passed by the Great Lukiko, the Katikiro and Resident shall consult regularly together to ensure that the development of local Government bodies in Buganda proceeds according to the approved programme. The Senior Assistant Residents and Assistant Residents shall advise and assist the Chiefs, and through them the Councils, in the development. of local government bodies in accordance with the approved programme, as part of their general function of advising the Chiefs in the different areas of Buganda (East and West Mengo, Masaka and Mubende).

It shall be the aim of policy that, when the system of local government has been firmly established in Buganda, with the devolution by the Buganda Government to the local government bodies in Buganda of appropriate financial and administrative responsibility, the function of guiding and inspecting these local government bodies shall be assumed by the Buganda Government, with whatever secondment of Protectorate officers may at that time be necessary for the purpose. A review of progress in local government in Buganda to determine whether the Buganda Government should then assume this responsibility shall form part of the review, to be undertaken in six years' time, referred to in Article 48. Meanwhile, steps shall be taken as soon as is practicable, in consultation with the Buganda Government, to appoint suitably qualified, Baganda as Assistant Residents so that these officers may be among those seconded or transferred to the Buganda Government when this responsibility is assumed by the Buganda Government.

Article 41

The supervisory powers of the Protectorate Government over expenditure by the Buganda Government shall be limited to approval of the annual estimates and of schedules of supplementary provision submitted quarterly, to audit of accounts and to questions affecting financial grants and loans made by the Protectorate Government to the Buganda Government.

Article 42

The financial needs of Buganda shall be reviewed from time to time by the Protectorate and Buganda Governments so that as far as practicable the grants made to Buganda by the Protectorate Government may be on a firm basis for a period of not less than three years. In accordance with paragraph 6 of the Memorandum on Constitutional Development and Reform in Buganda, issued in March, 1953, the Protectorate Government will ensure that the Buganda Government is placed in no worse position financially than at present by accepting the transfers of services which is to take place in accordance with that Memorandum. The Protectorate Government recognises the need for adequate remuneration of Buganda Government servants in order that officers of the right calibre may be attracted.

In view of the decision already taken by the Great Lukiko to impose graduated taxation in Buganda, the Protectorate Government, apart from the other measures referred to in paragraph 6 of the Memorandum of March, 1953 and apart from such grants as may be agreed upon between the two Governments in respect of the transfer of services, will recommend that the rate of poll tax payable to it in Buganda shall be reduced from Shs. 11/25 (i.e., Shs. 15/- less the 25 per cent rebate) to Shs. 6/- per annum (on the understanding that this reduction will be absorbed in the graduated tax payable to the Buganda Government). The protectorate Government will also recommend that payments shall be made to the Buganda Government in respect of Crown Land revenue and mining rents and royalties on Crown Land on the same basis as such payments are already made to the District Councils in the rest of the Protectorate. The Protectorate Government will examine the position with regard to Crown Land in Buganda with a view to determining whether the status of any part of that Crown Land can be modified.

Article 43

The Buganda Constitutional Committee recommends in the light of His Excellency the Governor's recommendations to Her Majesty's Government which are set out in Appendix B to these Articles, and the pledge on East African Federation there referred to, that the Great Lukiko agree to the representation of Buganda on the Legislative Council of the Protectorate. The Committee recommends that the representatives of Buganda be elected by the Great Lukiko by secret ballot, and that after the election the Great Lukiko shall assign each of the members elected to a particular area.

CHAPTER III: CITIZENSHIP

Article 44

Her Majesty's Government shall be requested to consider the question of creating a citizenship of Uganda, whereby a sense of unity may be fostered.

CHAPTER IV: ADMINISTRATION OF JUSTICE AND LOCAL ADMINISTRATION IN BUGANDA

Article 45

The work of separating the Judiciary from the Executive shall be proceeded with immediately.

Article 46

A committee including legal experts shall be appointed to examine means by which the court system in Buganda can be gradually developed into a system of courts of common jurisdiction in which no distinction will be made between persons of different races or between the inhabitants of urban and rural areas. The committee will also examine methods whereby justice may be dispensed as expeditiously as possible and whereby facilities for legal training may be provided for Africans.

Article 47

A committee including local residents and representatives of the Buganda Government shall be set up to consider, as a question of urgency, the establishment of a new local authority, under the Buganda Government, for the administration of the Kibuga. This committee will be instructed to explore means by which such an authority may include representatives of all sections of the community resident in the Kibuga and may have jurisdiction, for local government purposes, over all sections of the community resident in the Kibuga. After it has completed its work on the Kibuga, this committee, with some revision of membership, will be instructed to report on the establishment of local authorities representing all sections of the community in townships and trading centres in Buganda (other than Kampala, Entebbe, Masaka and possibly Mubende) and to advise on the means of bringing them under the Buganda Government.

CHAPTER V: REVIEW

Article48

In order that a period of stability may be secured, no major changes in the constitutional arrangements prescribed in the foregoing. Articles shall be introduced for a period of six years, after which there shall be a review; that is, in 1961, assuming that the arrangements recommended in these Articles are brought into force in 1955.

CHAPTER VI: UGANDA AGREEMENT, 1900

Article 49

The Uganda Agreement, 1900, shall be amended to the extent that such amendment becomes requisite upon the approval of the foregoing Articles by the parties concerned, but shall otherwise continue in its present form.

Each Member of the Namirembe Conference approves these Agreed Recommendations by appending his signature. The Governor agrees to recommend them to Her Majesty's Government. The members of the Buganda Constitutional Committee agree to recommend them to the Great Lukiko.

The Buganda Constitutional Committee:

M. MUGWANYA	Y. KYAZE.
A. K. KIRONDE	THOMAS A. K. MAKUMBI.
E. M. K. MULIRA	E. B. KALIBALA.
J. P. MUSOKE	Y. K. LULE.
J. K. MASAGAZI	+ J. KIWANUKA.
J. G. SENGENDO-ZAKE	Mgr. J. KASULE.

A. B. COHEN,
Governor.

W. K. HANCOCK, Chairman.

S. W. KULUBYA.
J. P. BIRCH.

S. A. DE SMITH,
E. Z. KIBUKA,

Secretaries.

15th September, 1954.

Appendix A

(See Article 7)

(1) For clan and succession cases the Ddiro Court shall be replaced and its functions discharged by a Council of Clan Elders. The Council shall be empowered to delegate its authority to a committee of its members.

(2) The Council shall remit cases in which there is no dispute through the Katikiro to the Kabaka for formal confirmation.

(3) The Council shall hear cases in which there is a dispute and shall record its findings. In matters concerning property a party to the dispute shall have the right to take the case to the Principal Court and thence to appeal to the High Court of Uganda. When the right of appeal has been exhausted, the findings shall be communicated to the Council of Clan Elders for transmission through the Katikiro to the Kabaka for formal confirmation.

Colonial Office Report Uganda Protectorate: Buganda:Presented by the Secretary of State for the Colonies to the British Parliament by Command of Her Majesty, November 1954.

1. In recent months two new factors have emerged in Uganda. One is the agreement reached on constitutional matters at the conference between the Governor of Uganda and the Buganda Constitutional Committee appointed by the Lukiko and presided over by Sir Keith Hancock. The other is the judgment in the case brought in the Uganda High Court to test the validity of the action taken last year by Her Majesty's Government with regard to the Kabaka Mutesa II (Cmd. 9028).

2. It was announced on the 1st March that Sir Keith Hancock, Director of the Institute of Commonwealth Studies at London University, had agreed, at the invitation of the Rt. Hon. Oliver Lyttelton, now Lord Chandos, and of the Governor of Uganda, to visit the Protectorate to consult with representatives of the Baganda and with the Protectorate Government on various constitutional questions relating to Buganda. For three months, from the 24th June to the 17th September, Sir Keith Hancock presided over discussions first alone with the Constitutional Committee appointed by the Buganda Lukiko, and later with the Committee and the Governor together. This Conference took place at Namirembe, near Kampala, and resulted in complete agreement. The Conference recommended, among other things, that the Kingdom of Buganda, under the Kabaka's government, should continue to be an integral part of the Protectorate; that the conduct of public affairs in Buganda should be in the hands of Ministers; and that, while all the traditional dignities of the Kabaka should be fully safeguarded, Kabakas in future should be constitutional rulers bound by a Solemn Engagement to observe the conditions of the Agreements regarding the Constitution and not to prejudice the security and welfare of the Buganda people and the Protectorate. These Agreed Recommendations are attached at Appendix A.

3. The Governor, in a Statement attached at Appendix B, has made a number of separate recommendations regarding the Executive and Legislative Councils of the central Protectorate Government, as an immediate step forward to implement Her Majesty's Government's policy of constitutional development for Uganda as a whole. The Governor has recommended the introduction of a Ministerial system. The Executive Council would consist of 14 members (including the Governor) : nine of these would be Officials, six or seven of them with Ministerial status, and there would be five Ministers, of whom three would be Africans, drawn from the public. There would also be two African Parliamentary Under-Secretaries. At the same time the Legislative Council would be slightly enlarged, to permit of increased African representation for Buganda, Busoga and one other district, and the proportion of African members would be increased to half the total. African members would sit on both sides of the House and the present balance, which gives the Government side the majority through the Governor's vote, would be preserved.

4. In the light of the Governor's recommendations the Buganda Constitutional Committee have agreed to recommend to the Lukiko that Baganda members should be elected to the Protectorate Legislative Council by the Lukiko.

5. The effect of the constitutional proposals made in the Governor's Statement and the Agreed Recommendations taken together is explained in a memorandum issued by the Namirembe Conference and attached at Appendix C.

6. The Governor's recommendations for the Legislative and Executive Councils are accepted by Her Majesty's Government who propose that they should be put into effect as early as possible. The Agreed Recommendations dealing with Buganda are also acceptable to Her Majesty's Government and are now being placed before the Great Lukiko. The implementation of these two sets of recommendations should settle satisfactorily the points of difference which have arisen from time to time between the Buganda and the Central Protectorate Governments; in particular the willing acceptance of the continued integration of Buganda with the Protectorate as a whole, which should be ensured under these proposals, together with the transfer of executive power and responsibility from the person of the Kabaka to his Ministers will, it is hoped, create a new and healthier political situation.

7. Her Majesty's Government are greatly indebted to Sir Keith Hancock, whose wise and patient guidance contributed much to the success of the Namirembe Conference.

8. The second new factor is the recent judgement of the Uganda High Court. The plaintiffs sought five declarations. Those directly relating to the withdrawal of recognition from the Kabaka were the first and fifth: -

"1. A declaration-

(a) That H.H. Mutesa II is, and has at all material times since 30th November 1953, been native ruler of the Province of Buganda....;

or alternatively (b) That H.H. Mutesa II is, and has at all material times since 17th December, 1953, been, native ruler of the Province of Buganda.....

5. A declaration (a) that the purported withdrawal by H.E. the Governor of Uganda of recognition of H.H. Mutesa II as native ruler of the Province of Buganda was unlawful, ultra vires and void or alternatively (b) that such withdrawal was of no effect as from the 17th December 1953."

9. The Chief justice refused all the declarations asked for by the Plaintiffs. He held that the 1900 Agreement did not give the Kabaka a legal right to recognition enforceable by the Court. In case he was held wrong as to this on appeal, he said it, was convenient that he should deal with the question whether or not any right on the part of Her Majesty's Government to withdraw recognition under Article 6 of the Agreement had arisen on the 30th November, 1953. He expressed the view that a right under that Article to withdraw recognition had not arisen on the 30th November.

10. He said: - "At that stage" (i.e. November) "a position had been reached wherein the Secretary of State had made known his decisions on policy, and the Kabaka was called upon to refrain from opposition to the decisions on policy, notably on the question of time-table for independence, whether that opposition be expressed by public pronouncement to the Lukiko or by consultation with the Lukiko, before signing the undertakings which the Kabaka had been called upon to give. The Kabaka's refusal to abide by the decisions on policy as communicated to him, clearly, at that stage, constituted disregard on his part of his duty under the terms of the Agreement to acknowledge and abide by the over-rule of the Crown through the Protectorate Government, which by the Agreement had been acknowledged. It is manifest that the Kabaka having evinced intention to pursue a disloyal policy it was clearly within the right of Her Majesty's Government to exercise the rights reserved by Article 20 of the Agreement and declare the Agreement to be at an end. Again there could have been a withdrawal of recognition as an Act of State. In fact withdrawal of recognition was declared, and declared to be made, under Article 6 of the Agreement."

11. As the Chief Justice indicated, Her Majesty's Government did not terminate the Agreement under Article 20: nor did they claim to withdraw recognition as an Act of State independent of the terms of the Agreement. They regarded themselves as bound by the terms of that Agreement and as entitled by reason of the Kabaka's conduct to withdraw recognition under Article 6.

12. The termination of the Agreement under Article 20 would have meant that neither the Crown nor the Kabaka, Chiefs and People of Buganda would any longer have been bound by any of the provisions of the Agreement or entitled to rely on their rights under that Agreement. This extreme step Her Majesty's Government were not disposed to take and did not take.

13. By Article 6 of the Agreement Her Majesty's Government agreed to recognise the Kabaka, of Buganda as the native ruler of the province of Buganda under Her Majesty's protection and over-rule "so long as the Kabaka, Chiefs and People of Buganda shall conform to the laws and regulations instituted for their governance by Her Majesty's Government, and shall cooperate loyally with Her Majesty's Government in the organisation and administration of the said Kingdom of Buganda." Action by Her Majesty's Government under this Article did not consequently involve any question of the termination of the whole Agreement.

14. The Chief Justice held that reliance upon Article 6 was mistaken and that a right to withdraw recognition under that Article had not arisen on the 30th November, 1953 on two grounds; firstly, that to entitle Her Majesty's Government to withdraw recognition under Article 6, there had to be a failure not on the part of the Kabaka alone but on the part of the Kabaka. Chiefs and People to comply with that Article; and secondly, that the Kabaka's conduct did not involve failure to cooperate loyally in relation! to "organisation and administration" of the Kingdom of Buganda.

15. Thus it was the view of the Chief Justice that the conduct of Mutesa II entitled Her Majesty's Government to take action under the Agreement but that on his interpretation Article 6, Her Majesty's Government were mistaken in relying upon that Article.

16. This judgment and the constitutional proposals for Buganda (which if accepted by the Lukiko will settle satisfactorily the points of difference which arose last year) create a new situation in which there is both need and opportunity for a new approach to the question of the Kabaka. Her Majesty's Government, after full consultation with the Governor, have therefore decided that subject to certain conditions and after a suitable interval the Lukiko should be given the opportunity to choose whether a new Kabaka should be elected or whether Kabaka Mutesa II should return as Native Ruler of Buganda. These conditions are as follows:

(1) The Agreed Recommendations of the Namirembe Conference should be accepted as a whole by the Great Lukiko.

(2) Her Majesty's Government and the Lukiko should agree the terms of the Solemn Engagement recommended by the Namirembe Conference to be entered into by the Kabaka. The amendments and additions to the 1900 Agreement to give effect to the Agreed Recommendations should also be agreed by Her Majesty's Government and the Great Lukiko and the amending Agreement should be formally executed by the Governor on behalf of Her Majesty's Government and by the Regents and representatives of the Lukiko on behalf of Buganda and be brought into effect.

(3) In order that the new arrangements may be well established before it is called on to make the decision, the choice of the Great Lukiko whether Kabaka Mutesa II should return as Native Ruler or whether a new Kabaka should be elected should be made nine months after the new arrangements have been brought into effect. Her Majesty's Government will however be glad to shorten the period if they are convinced before the end of it that the constitutional arrangements have become well established and are working satisfactorily. Her Majesty's Government will make every effort to ensure that they are brought into effect by the 31st March next year.

17. When the choice of the Lukiko has been made, the Kabaka will be required to enter into the Solemn Engagement and to sign and thereby confirm the amending Agreement before he is recognised by Her Majesty's Government.