Tuesday, 8 April 2014

The Role of Women Lawyers in Social Economic Transformation




By Sarah Bireete
Director of Programs
Center for Constitutional Governance (CCG)

14th November 2012

DEFINING THE SOCIAL AND ECONOMIC TRANSFORMATION: Theme for Vision 2040
It is time to reclaim the march of history
Humanity's future is at stake. Scientific progress and technical advances, the supreme achievements of knowledge, fortify the privilege and comfort of a minority. Instead of contributing to the wellbeing of all, these feats are used to crush, marginalize and exclude countless human beings. Access to natural resources, especially in the South, is monopolised by the few and is subject to political blackmail and threats of war. It is time to reclaim the march of history.
Make the Economy serve the Peoples of the World
The economy provides goods and services mainly to a minority. In its contemporary form, it forces the majority of the human race into strategies for abject survival, denying hundreds of millions of people even the right to live. Its logic, the product of neoliberal capitalism, entrenches and accentuates grotesque inequalities. Propelled by faith in the market's self-regulating virtue, it reinforces the economic power of the rich and exponentially increases the numbers of the poor. It is time to make the economy serve the peoples of the world.
Break Down the Wall between North and South (Difference between developed and less developed – Southern and Northern Hemisphere)
Monopolies of knowledge, scientific research, advanced production, credit and information, all guaranteed by international institutions, create a relentless polarization both at the global level and within each country. Trapped in patterns of development that are culturally destructive, physically unsustainable and economically submissive, many people’s throughout the world can neither define for themselves the stages of their evolution, establish the basis of their growth, or provide education for their younger generations. It is time to break down the wall between North and South.
Confront the Crisis of our Civilization
The confines of individualism, the closed world of consumption, the supremacy of productive - and, for many, an obsessive struggle for sheer daily survival - obscure humanity's larger objectives: the right to live liberated from oppression and exploitation, the right to equal opportunities, social justice, peace, spiritual fulfillment and solidarity. It is time to confront the crisis of our civilization.
Refuse the Dictatorship of Money
The concentration of economic power in the hands of transnational corporations weakens, even dismantles the sovereignty of states. It threatens democracy - within single countries and on a global scale. The dominance of financial capital does more than imperil the world's monetary equilibrium, it transforms states into mafias. It proliferates the hidden sources of capitalist accumulation - drug trafficking, the arms trade, child slavery. It is time to refuse the dictatorship of money.
Replace Cynicism with Hope
Stock prices soar when workers are laid off. A competitive edge is gained when mass consumerdom is replaced with elite niche markets. Macroeconomic indicators react positively as the ranks of the poor multiply. International economic institutions coax and compel governments to pursue structural adjustments, widening the chasm between classes and provoking mounting social conflict. International humanitarian aid trickles to those reduced to despair. It is time to replace cynicism with hope.
Rebuild and Democratize the State
The programme of dismantling the state, reducing its functions, pilfering its resources and launching sweeping privatizations leads to a demoralized public sector, weakened systems of education and health and the eventual usurping of the state by private economic interests. Neoliberal globalization divorces the state from the population and encourages corruption and organized venality on an unprecedented scale. The state becomes a repressive instrument policing the privilege of the few. It is time to rebuild and democratize the state.
Recreate the Citizenry
Millions of people are deprived of voting because they are immigrants; millions more fail to vote because they are angry or discouraged, because parties are in crisis or because they feel impotent and excluded from political life. Elections are often distorted by influence-mongering and deceit. But democracy is about more than elections. Democracy means participation at every level of economic, political and cultural life. It is time to recreate the citizenry.
Salvage the Collective Values
Modernity, conveyed by capitalism and ideologised by neoliberalism, has destroyed or profoundly corrupted existing cultures. It has imploded solidarities and dismantled convictions, extolling instead the high-performance individual evaluated on the basis of economic success. Rather than bring emancipation to the peoples of the world, modernity is generating a crisis in education, fuelling social violence and triggering an explosion of insular movements that seek salvation and protection in identity politics - nationalist, ethnic or religious. It is time to salvage collective values.
Globalise Social Struggles
In all this, it is not the internationalisation of the economy per se that is to blame. It could represent a dramatic step forward for material, social and cultural exchanges between human beings. But in its neoliberal form it becomes a nightmare lived by the victims of unemployment, young people traumatised by the future, workers shut out of the productive system and nations subjected to structural adjustment, labour deregulation, the erosion of social security systems and the elimination of networks serving the poor. It purports to link and unite, yet separates and imprisons. It is time to globalise social struggles.
Build on People's Resistance
Across the world, people are organising resistance, engaging in social struggles and creating alternatives. Women, men, children, unemployed people, excluded and oppressed people, workers, landless peasants, communities suffering from racism, impoverished city dwellers, indigenous peoples, students, intellectuals, migrants, small business people, outcasts, declining middle classes - citizens - are asserting their dignity, demanding respect for their human rights and natural heritages and practicing solidarity. Some have given their lives for these causes. Others practice heroism in their day-to-day lives. Some are rebuilding knowledge in the basis of concrete situations, some are trying out new economic forms, some are creating the basis of a new kind of politics, and some are inventing a new culture. It is time to build on people's resistance.
The Time for Joining Forces
Convergence of struggles, of knowledge, of hearts and minds for a world of justice and equality, invention and material progress, optimism and spiritual development. We can build this world by seeking and discovering viable alternatives to neoliberalism and unilateral globalization - alternatives based on the interests of people and respect for national, cultural and religious differences. Now is the time for joining forces.
A Time of Creative Universal Thought
Honest, probing analysis of the current economic organization and its economic, social, ecological, political and cultural consequences can only delegitimize this phenomenon which is paraded to the world as the paragon of progress. The search for a balance between personal initiative and the pursuit of collective goals - based on a celebration of human diversity and creativity - must open the way to new models. Studies of expanding non-market sectors, productive techniques that respect the wellbeing of those who use them and the organization and nature of work will help create more human forms of organization. A time of creative universal thought has arrived.
Rebuild and extend Democracy
Democracy is no longer merely a goal for the organization of societies. It is also the key to the functioning of communities, social movements, political parties, business, institutions, nations and international bodies. It is progressively experienced as an essential contribution to the respect of popular interest and the preservation of national and international security. By prizing open spaces for all cultures - not patronizingly, but because they represent humanity's endowment - we can reverse the retreat into enclaves of narrow self-interest and the seclusion of identity politics. The existence of democratic, competent and transparent states is considered the basis of restoring their powers to regulate. Regional economic and professional groupings based on internal complementarily are viable answers to the real needs of the population and a necessary alternative to neoliberal globalization. Strengthening and democratizing regional and international institutions is a realistic imperative. It is a condition for progress in international law and the indispensable regulation of economic, social and political relations at the global level, particularly in the fields of financial capital, taxation, migration, information and disarmament. The time to rebuild and extend democracy is here.
The Time for Action
At this moment, we need to create a network of committed individuals, popular organizations, social movements and research centers. The time has come to establish a "forum of forums", bringing together existing organizations throughout the world. To think and work together, support the social struggles that embody hope for the future, encourage viable alternatives to neoliberal experience. These tasks are imperative. We believe it is possible to build viable, democratic alternatives that respect the identity and dignity of every human being.
Goals and Objectives of the World Forum for Alternatives
World-wide, the need is manifest for a Forum bringing together committed individuals, social leaders, intellectuals, social movements, existing regional or specific forums and initiators of alternative solutions to neoliberalisation and unilateral globalization. The fate of humanity is at stake. The present economic system, far from delivering goods and services to all human beings, denies these - and even life itself - to the majority. Transnational enterprises monopolize economic decision-making and minorities hoard wealth and power with the complicity of national and international regulatory bodies. This economic system is engineering and propelling dramatic social changes, weakening public institutions, dismantling social solidarity, destroying natural resources and the environment, and eroding cultural and ethical values. At the same time, many forms of resistance are being mounted across the world and new perspectives are arising for the future of our planet. They are providing hope and are identifying the possibilities for the creation of new economic, social and political alternatives. It is from them that the World Forum for Alternatives draws its will and inspiration.
So, in specific reference to Uganda, what should be the role of women lawyers?
DECADE OF WOMEN LEADERSHIP
More than 20 countries are being ruled by women today. These countries include Germany, India, Thailand, Bangladesh and Iceland, Liberia, Malawi, etc. In Austria and Switzerland, the Presidents, Speakers and Prime Ministers are all women.
Women have always been central in bringing about positive change. Examples of this positive change include the role played by the ANC Women’s League, and our own women during the NRA Bush War- Mrs. Njuba, Hon Winnie, Byanyima, Hon Joyce Mpanga, Janet Mukwaya, etc.
 Background:
1.      Woman in the eyes of God – reclaiming a lost identity by Dr. Miria K Matembe – examples of women serving as perfecters  of God’s creation, as restorers of fallen man, co-workers with God in the work of redemption, risk takers, women of grace and those in the ministry of Jesus. – She challenges the religious dogmaz about women being inferior to men.
2.      Jimmy Carter – president of the United States of America (1977-1981) – challenged the religious dogmaz about women being inferior to men.
3.      President Baraka Obama – the Audacity of Hope and letters to my daughters –He captures women as God’s special creation.
4.      President Mwalimu Julius Kambarage Nyerere – fought for the rights of women and even declared maternal deaths as a greatest shame of a nation and unacceptable “How can a woman die while giving a life?”  

Efforts by women in governance:
1.      Beijing platform
2.      Nairobi Plus
3.      UN Resolution 1325 – Women Involvement in peace negotiations – started by Burundi women in the Burundi Peace Process that was chaired by Mwalimu Nyerere – with the support of Uganda’s remarkable women notably VP Kazibwe and Hon Winnie Byanyima
4.      Gender parity in the AU Constitutive Act
5.      Affirmative Action in the Constitution of the Republic Of Uganda

What has transpired in the long walk of Ugandan women in Governance?
1.      Dr. Kalema’s commission about women property rights – the report has never been implemented
2.      The Act against Domestic Violence was enacted in 2007
3.      Increasing numbers of Women MPs in Parliament and other decision making bodies (women in the Board Rooms)
4.      Women Vice Chancellors in 2 public Universities– Busitema and Mbarara University of Science and Technology
5.      The first woman Speaker of Parliament. Etc.
What are the democratic challenges in Uganda today?
1.    Narrowing political space:

National Objectives and Directive Principles of State Policy.
General
I. Implementation of objectives.
(i) The following objectives and principles shall guide all organs and
agencies of the State, all citizens, organizations and other bodies and persons in applying or interpreting the Constitution or any other law and in taking and implementing any policy decisions for the establishment and promotion of a just, free and democratic society.
(ii) The President shall report to Parliament and the nation at least once a year, all steps taken to ensure the realization of these policy objectives and principles.
Under political objectives in the Constitution:
Democratic principles
(i) The State shall be based on democratic principles which empower and encourage the active participation of all citizens at all levels in their own governance.
·         Issues of Civil/political liberties – A4C/4GC
·         Issues of religious leaders – “IT IS A SHAME EVEN SOME OF OUR REVERED SPIRITUAL LEADERS HAVE BEEN ENTICED TO PARTAKE OF THE CARROT, BETRAYING THEIR COUNTRY” – Hon Janat Kataha M7.
·         Civil Society Demonstration against corruption during this week of mourning the loss of public funds – 3.5 trillion.

2.    Gross abuses of human rights and women’s rights:
There is gross violation of women’s rights today. It is alarming to note that the institutions supposed to protect citizens’ rights are the ones violating them, with women as major victims. The level of crime against women at the hands of the male police – which is against the Police Act and Police standing ordered (female officers should arrest female offenders).
3.    Rising cost of living:
Inflation in food/consumption items is at 65%. This makes the majority women (and even men) both rural and urban t be fully occupied with issues of bread and butter.
4.    High maternal and child mortality rates:
Our maternal mortality rate is one of highest in the World - 16 women per day and 50,000 thousand every year.
5.    Massive unemployment:
For every ten graduates, only one can find a job.
6.    Increasing corruption at all levels in the country:
Police is ranked number one and Judiciary, number 2 in the recent transparency international – Uganda chapter rankings. These are the key institutions in the fight against corruption. Then there is the political angle to Uganda’s fight against corruption. It’s now a new political tool for either silencing or eliminating dissenting voices.
7.    A failed political transition:
Art 69 of the Constitution- (Political systems.
(1) The people of Uganda shall have the right to choose and adopt a political system of their choice through free and fair elections or
Referenda.
(2) The political systems referred to in clause (1) of this article shall
include—
(a) the movement political system;
(b) the multiparty political system; and
(c) any other democratic and representative political system.
When one system is operational, the other will be in abeyance.
The country now is operating under an omnibus MOVT/Multi Party System. Why do I say this?
-          The name NRMO has since been forgotten – and there is a super imposition of NRM again. There is no party registered as NRM but you hear people saying they are members of NRM. This is a failed mind shift from the Movt system to a multi party dispensation.
-          National Institutions like Kyankwanzi – a national political institution – has been hijacked as NRM party property.
-          Use of state facilities as party facilities – Meeting of NRM Caucus in State House??????????
-          Etc
When it comes to oil resources – can a nation that has failed to have a simple political transition transit into a PETRO STATE?????
8.    General breakdown in service delivery :
Health- The way government handled the nodding disease – even after a motion adopted by Parliament compelling government to find money and treat the nodding disease children (7Bn) – the state said that there was no money. At the same time, the state tabled a state house supplementary budget for 150Bn – for gifts, entertainment, etc.
“There was comment that the foot and mouse disease cows in the West are given better attention compared to the nodding disease children”.
What can women in leadership/political positions do (what have they done) to address the above challenges?
The problem:
1.      The majority of women MPs position themselves as hecklers – just shouting and booing others in Parliament
2.      The women MPs do not have any common agenda. They are all swallowed up in partisan issues.
3.      The women MPs have failed to push for the enactment of the key gender laws like Domestic Relations Bill, the New Marriage and Divorce Act, etc
4.      The women MPs have failed to push for an appropriate budget to stop/ prevent maternal and child mortality in the country.
5.      The Uganda Women Councils have been rendered non functional and up to- date, there is no money for holding women council elections.
6.      The women movement is in abeyance.
7.      The women leaders have become mere figure heads in Cabinet, in Parliament. They are just “mere objects” to fulfill the constitutional role of affirmative action.
What is the way forward?
1.      We need to re-examine the relevancy of affirmative action today in Uganda. How long should we have affirmative action? By its nature, affirmative action is an emergency measure to collect a historical injustice. Have the women caught up with the men? Even the women want to occupy affirmative action seats in perpetuity. This defeats the whole purpose. May be we should give them just one term, like the youths.
2.      The brutality against women in politics MUST BE STOPPED. Parliament should address the issue of school drop outs especially the girl child.
3.      Women must have a non partisan common agenda that WE should all work towards achieving before 2016.

Women Lawyers after law School:

During the Special Dinner by the Uganda Law Society Honoring Justice Julia Ssebutende, she advised women lawyers to team up and form powerful law firms headed by women; I want to give you the same inspiration and assure you that you can make a big difference as women advocates in our society.

THANK YOU

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