Ministry of Gender should popularize the Cultural Leaders Act 2011

By Steven Masiga

The Ministry of Gender, Labour, and Social Development has an uphill task to ensure that various Ugandan communities and tribes become familiar with the laws that regulate cultural institutions in Uganda.

The Cultural Leaders Act, 2011, provides guidelines on how communities install cultural leaders. For example, communities in Uganda with gazetted cultural leaders include the Bamasaba, Bateso, Kumam, Acholi, Baruli, and Bamba of Kasese, among others.

Some key legal frameworks regulating traditional and customary institutions in Uganda include the Constitution of Uganda, particularly Article 246, and the Cultural Leaders Act, 2011, in addition to other national policies and regulations on cultural and traditional leadership.

It is disappointing to note how even some high-ranking officials, such as Resident District Commissioners (RDCs), fail to appreciate the importance of such national laws in regulating cultural institutions, particularly for the Bamasaba and other tribes with such leadership systems.

Lawmaking is not a preserve of everyone; specific entities and individuals are legally empowered to enact laws for communities. Once these laws are established, citizens have a duty to abide by them rather than oppose or create unnecessary conflict over them.

Among the Bamasaba, there is limited understanding of the legal texts that govern the management of the Bukuka (cultural institution). Efforts by Umukuka III to realign the Bukuka with national laws have met resistance from some sections of the community, including certain RDCs, whose identities I will not disclose for cultural and ethical reasons.

Unfortunately, some Bamasaba people do not believe in the Cultural Leaders Act, 2011, largely due to ignorance of the law. The Ministry of Gender must actively step in to ensure that all laws regulating cultural institutions in Uganda are sufficiently highlighted and publicized so that communities and cultural actors understand their provisions.

It is also essential to translate and popularize these laws in local languages to ensure they are accessible to the grassroots. I have been following discussions on the Inzu Ya Masaba WhatsApp forum, and it is troubling to see the lack of appreciation for national laws—an unfortunate and avoidable situation.

Stakeholders, including local governments, Members of Parliament, cultural institutions, and the general public, must familiarize themselves with these laws. Failure to do so could lead to unnecessary conflict.

Cultural institutions are rooted in norms, customs, and practices, which vary from community to community. While it is not always necessary to document these practices formally, communities inherently know and follow their ancestral traditions.

The Inzu Ya Masaba Constitution was relevant during the formative years of the Bukuka but has since been overtaken by the Cultural Leaders Act, 2011, the Constitution of Uganda, and the National Cultural Policy, 2019, among others. With or without the Inzu Ya Masaba Constitution, the Bukuka can still function effectively under these national frameworks.

For instance, when the Umukuka I of the Bamasaba community was gazetted in 2014, it was done under the authority of the Cultural Leaders Act, 2011, and the Constitution of Uganda.

It is imperative to popularize these laws through all available platforms to give the Cultural Leaders Act the necessary reach and influence. Provisions for resolving conflicts over leadership disputes are outlined in Article 246 of the Constitution and Section 15 of the Cultural Leaders Act. The same law also specifies the payment of salaries or allowances to cultural leaders, their roles, limits, and authority to hire assistants, among other matters.

The gazetting of cultural leaders (Section 6 of the Cultural Leaders Act) by the Gender Minister and the authority of the Ministry of Gender to develop policies for regulating cultural institutions must be well communicated to the public. After fully understanding these laws, we can then identify and address any gaps within them.

Steven Masiga is the spokesperson for Inzu Ya Masaba. Tel: 0782231577