The rights of man, rule of law

In The Nation of December 1 2016, there is a news item headed, ‘Uganda King charged with murder’. It is said in the clashes between a group of people, who want to secede from the Uganda republic and set up a new state called Yiira, and the police, 87 people were killed. The king of the secessionists, Charles Mumbere has been detained on suspicion that he is behind the secessionist movement.

This news is startling. As Uganda was approaching independence, some foreign observers were saying the Buganda Kingdom whose ruler is called the Kabaka, was likely to cause trouble by trying to secede. It was the richest part of Uganda. It contained Uganda’s main city Kampala and the then capital of Uganda, Entebbe.

Now, it is what was a little known kingdom, near the Ruwenzori Mountain that is daring to secede. What grievances have these people in a Uganda which President Yoweri Museveni had managed to unite despite the Lord’s Resistance Movement.

With these thoughts in mind, I decided to read again the book The Rights of Man by Thomas Paine. In 1989 the people of France staged one of the most famous revolutions in history. The British statesman Edmund Burke who has been sympathetic to the American colonies declaration of independence from Britain reached furiously against the French Revolution.

Thomas Paine also a Briton responded to Burke’s polemic by publishing his own book which included the Declaration if the Rights of Man and of the citizens by the National Assembly of France.

Extracts from the Declarations are presented here to remind us what grievances force people into revolts and rebellions. Thus, starts the Declaration. The representation of the people of France formed into a National Assembly considering that ignorance, neglect or contempt of human rights are the sole cause of public misfortunes and corruption of government have resolved to set forth in solemn declaration these natural imprescriptible and inalienable rights that this declaration being constantly present to the minds of members of the body they may be ever kept attentive to their rights and their duties.

For these reasons, the National Assembly does not recognise and declare in the presence of the Supreme Being and with the hope of his blessings and favour the following sacred rights of men and of citizens.

(I).           Men are born, always continue free and equal in respect of their rights.

(II).          The end of all political associations is the preservation of the natural and imprescritible rights of man and these rights are Liberty, Property Security and Resistance of Oppression.

(III).         The Nation is essentially the source of all sovereignty nor can any individual or anybody of men be entitled to any authority which is not expressly derived from it.

(IV).         Political liberty consists in the power of doing whatever does not injure another.

(V). The law is an expression of the will of the community. It should be the same to all whether it protects or punishes.

(VI). No man should be accused, arrested or held in confinement except in cases determined by the law.

(VII).        The law ought to impose no other penalties, but such as are absolutely and evidently necessary.

(VIII).       Every man being presumed innocent till he is convicted.

(IX).         No man ought to be molested on account of his opinions, not even on account of his religious opinion.

(X).          The unrestricted communication of thoughts and opinions being one of the most precious Rights of Man every citizen may speak, write and publish freely.

(XI).         The right to property being inviolable and sacred no one ought to be deprived of it.

While Declarations of Rights was before National Assembly, some of its members remarked that if it was published, it should be accompanied by a declaration of duties. There was some quibbling.

Some members felt that whatever my right as a man is, is also the right of another, and becomes my duty to guarantee as well as to possess. But this does not clarify what we call duties. The late Bingu wa Mutharika did also demand a bill of duties, but his suggestion was not embraced by those who wrote the Bill of Rights.