THE BUGANDA AGREEMENT OF 1900
In July 1899, after the exiling of Kabaka Mwanga to Seychelles Island where he was later on to die, Sir Harry Johnston was appointed special commissioner of Buganda on behalf of her majesty the queen of England and he was instructed to ensure that the whole of Uganda was under the British protectorate, prevent Buganda from declaring her own independence and to also see how Uganda could develop as a financially self sustaining country.
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Reasons for signing
The Buganda agreement was signed because of the following reasons:
It was necessary to define the position of Buganda in the country.
It was important to introduce law and order in the country.
Uganda had been in turmoil since 1896, partly due to Mwanga and Kabalega's rebellions.
The cost of running the administration had become so great for the British Government to bear, it was necessary to find a way of reducing the administrative costs.
To introduce the basis of the British colonial rule in Uganda
To legalise and formalise the British colonial rule in Buganda.
They also wanted to introduce social, economic and political transformation necessary for the British colonialism in Uganda.
The British wanted to make a spring board for the establishment of colonial to other parts of Uganda.
They wanted to find a way of exploiting Uganda's resources by following a legal means.
They wanted to weaken the powers of the king so as to strengthen British administration in Uganda
Through the Buganda agreement, they wanted to protect the British officials and missionaries and also to alert other colonial powers that Uganda was their colony.
Because of the above reasons, Sir Henry Johnston was sent to Uganda in 1899, to try and make Uganda pay for the administration. He negotiated with the Baganda chiefs for about four months until he reached an agreement with them.
Terms of the Buganda agreement
This refers to the real content of the agreement that is what each article of the agreement was dealing with. In broad outlook, there were three main terms namely, land, finance or taxation, and leadership or government.
The Buganda boundaries were defined and were to include the Bunyoro lost counties of Buyaga and Bugangaizi. The "lost counties" had been cut from Bunyoro and given to Buganda as a gift for the part the latter played in helping the British to defeat Bunyoro
The size of Buganda was increased from 10 counties to 20 counties to be managed by county (saza) chiefs and they were distributed as follows: 11 protestant chiefs, 8 Catholics and 1 Moslem chief.
Buganda land was divided into two parts as Mailo and Crown land. Mailo land was divided among the Kabaka, his family, ministers, chiefs and other notables.
The other half of the land, which remained after removing Mailo land, became crown land that is belonging to the protectorate.
Land ownership was changed. Originally, land belonged to the Kabaka but this time, ownership was freehold that is property of the owner.
The people were left to farm the land which they had been using.
Leadership
Buganda was to become one of the provinces of the Uganda Protectorate
Responsible people rendering services to the protectorate were to be paid some salary. Buganda's Ministers and county chiefs were to be paid for their work.
The Buganda laws were to remain in force as long as they did not conflict with those of the protectorate and the Kiganda system was upheld.
The Kabaka and the Lukiiko were to continue ruling but the Kabaka became the nominee of the British and there was to be the British governor above him.
The Kabaka was to work as a link between protectorate and the British. He was to rule through the Lukiiko (Local Parliament), which also performed legislative and judicial functions.
The Kabaka was to be recognised as the hereditary native ruler of Buganda and was to be given the title of "His Highness". He was to be assisted by three officers that is the Katikiro (Prime Minister), Omuwanika (Treasurer) and Omulamuzi (Chief Justice).!--> !-->
The Lukiiko was to be legitimate Legislative Council in Buganda (ie setting laws) for Buganda. It as to consist of 89 members, 60 members were to be appointed, 20 were to be Saza (county) chiefs, 3 were to be Ministers, prime Minister, Treasurer and Chief Justice, 6 were to be nominees by the Kabaka.
Taxation
On the side of finance and taxation, all the revenue collected was to go to the protectorate government.
A hut tax of three rupees and a gun tax were to be levied if any person possessed them.
It was agreed that there was to be no taxation imposed upon the Baganda unless the Lukiiko approved of it.
Buganda's revenue was to be used collectively with that got from the rest of the protectorate for the good of all the Ugandans.
The chiefs and king of Buganda were to be given salaries.
The mineral wealth of Buganda and utilisation of the forest was to be the right of ht Protectorate Government.
According to the Buganda agreement, the personal authority of the Kabaka was henceforth drastically reduced for the Kabaka from then was meant to be assisted by the chiefs and the Lukiiko-Buganda "parliament" and he could only remain in office as long as the colonial central government was convinced that the Kabaka could be loyal and Co-operative to the British government.
It strengthened the special position of Buganda in Uganda as a reward for the loyalty of the Ganda Christian chiefs to the British colonial government in other words, the Buganda kingdom after the agreement was to be treated not as a subject state but as a colonial partner.
The counties which Buganda had captured from Bunyoro notably the lost counties of Buyaga and Bugangaizi were confirmed as Buganda's real counties and this explains the sour relations between Bunyoro and Buganda to date as Muhamood Mamdani rightly puts it "the incorporation of the lost counties into Buganda were to become one of the most explosive political issues in independent Uganda".
Buganda from then was to be given a parliament - Lukiiko whose members were the three regents for the young Kabaka Daudi Chwa, twenty senior county chiefs and sixteen notables nominated by the Kabaka. In as much as this institution was to assist the Kabaka and indeed resembled the Kabaka's court, it was as some scholars have observed "An essentially British created institution" whose functions included controlling tax collection, allow the forwarding of proposals for approval by the Kabaka although the British commissioner had the right to veto any of these proposals.
Economically, no new direct taxation in addition to the already existing hut and gun taxes were to be imposed on the people without the consent of the central colonial government, the Kabaka and the Lukiiko. In other words, a hut tax of three rupees and a similar gun tax was paid as one way of raising money by the central colonial government to finance the administration of Uganda and in any case all taxes collected were to be merged with the income of the entire Uganda protectorate.
All occupied land was to be granted to the occupiers free hold in other words land by the agreement no longer belonged to the Kabaka under the care of the traditional Bataka but new land ownership was introduced in Buganda whereby half of the land became crown land or government land and the remaining about 8,000 sq miles was divided among the Kabaka, royal family, ministers, county chiefs which came to be referred to as mailo land. The introduction of a private system of land ownership is believed to have led to economic prosperity in Buganda as compared to the rest of Uganda.
A critical analysis of the Buganda agreement does justify the description that the Buganda agreement constituted a revolution in the history of Buganda and Uganda as a whole.
In the first instance, the agreement finally ended the independent position of Buganda because the British over lordship had been confirmed and in addition it became a province of the protectorate Uganda in other words she lost the sovereignty she held during the pre-colonial era.
The agreement eroded the career of the hitherto undisputed position of the Kabaka whose word was originally law. In this case therefore the agreement had made the Kabaka become a political stooge of the colonial administration for he could only remain in power as long as the colonial government wished it so.
Closely related, the means with which the Kabaka could impose his authority to win loyalty from his subjects were henceforth curtailed for originally the Kabaka's word was final and law but after the agreement her majesty's government could make laws instituted by the chiefs.
The Kabaka's position was further eroded by the loss of his authority towards land for accordingly land was both a political and economic asset from where the king obtained income for the kingdom and at the same time win the loyalty of his chiefs and subjects.
The land act created a class that had never existed in the history of Buganda in what scholars refer to as the "landed gentry" free-land owners who were later to amount to what came to be known as the Baganda aristocracy.
Despite the unfairness of this agreement, Buganda was placed in special position of status quo as compared with other provinces of Uganda, this however shouldn't overshadow the argument for it was inevitable for Buganda to be used as a stepping stone for the British tentacles to the rest of Uganda.
Similarly, the Kabaka of Buganda was given a high sounding title "His highness" which equally shouldn't cover the reality of the matter that the Kabaka had lost his political position and had only remained a political figure in his kingdom. Therefore the title was only offered to appease the Baganda.
Why some people say it was not an agreement
It is from the background therefore that many scholars have come to doubt the extent to which the Buganda agreement was an agreement.
By definition an agreement is a binding or covenant between equal parties with equal bargaining power and equal agreeable benefits in other words agreement binds both or all parties signatory to it but the Buganda agreement tended to demand Buganda to abide by the agreement while it allowed the British to abrogate or invalidate the terms.
Harry Johnston who signed on behalf of the British was a super experienced man who must have inevitably manipulated the signatories to the agreement on behalf of the infant king.
It's also believed that the quasi legal terminologies employed in agreement couldn't have been understood by the likes of Apollo Kaggwa, Zakaria Kisingiri and Stanislus Muggwanya.
Closely related, the missionaries who were inevitably British sympathizers played a very important role in the interpretation and misinterpretation of this agreement as Johnstone the architect of this agreement is quoted to have rightly put it "I Johnstone shall be bound to acknowledge the assistance of the Christian missionaries without whose assistance, I don't think the Baganda chiefs would have signed a treaty which practically placed themselves and their country under the British".
Similarly, it's argued that the agreement though made in two languages, only the English version was binding but it's vital to note that the legal phraseology that was used in this agreement was not easily understood by the signatories.
The climax of which annuls the description of an agreement is to be evident in the terms that witnessed the kingdom of Buganda being made subordinate to the British government where the Kabaka could only remain in office as long as he was loyal and cooperative to the British, his raise to power although he was to come from the descendants he had to be approved by the Lukiiko and validated by the queen's representatives which is a clear manifestation that the Kabaka had lost his pre-colonial powers at the expense of the British over-lordship that equally annuls the Buganda agreement as an agreement.
However given that this agreement was a negotiation between two parties, and which some scholars believe satisfied ground for negotiation tended to have some elements of an agreement and the fact that Buganda had something to benefit like her position, title of the king tends to justify the description nevertheless this shouldn't blind fold the fact that the Buganda agreement was not an agreement as Grace Ibingira rightly concludes. "The Buganda agreement was a proper colonial document that was imposed on the Baganda without will for by this time Buganda was already a British subject state".3
It made the Lukiiko more powerful than it had ever been before, thus reducing the personal rule of the Kabaka.
It was because of the Agreement that Uganda owed its status as a protectorate.
The land distribution was to cause a lot of disturbance, especially among the Bataka. It created a kind of permanent aristocracy which had not existed before.
The introduction of a private system of land ownership led to the economic prosperity of Buganda, compared with other parts of the country. This was to create hostility between Buganda and other parts of Uganda which have persisted to the present day.
The Baganda began to demand special privileges from the Protectorate Government which later proved a major problem. Agreements were also signed in Western Uganda.
The Toro agreement - June 1900
According to that Agreement: A hut and gun tax were introduced to the peasants. All uncultivated land was to become crown land. Toro's independence from Bunyoro was confirmed. Kasagama was re-instated as legitimate ruler of Toro.
The Ankole agreement -August 1901
Ankole was expanded to include Buhweju, Igara, Bunyaruguru and Kajara. According to that Agreement the protestant leadership was established.
Bunyoro
Bunyoro did not sign an Agreement. However, Buhanga was restored to the throne. Buganda administrators were sent to Bunyoro. These were greatly hated, and there was an uprising against them. They were eventually withdrawn from Bunyoro.
Extension of British rule to eastern and northern Uganda
In Eastern Uganda, Semei Kakungulu acted on behalf of the British and conquered Teso, Bugisu, Kumam, Bukedi and Busoga for the British.
He was a Muganda chief, who was rivalling with Sir Apollo Kaggwa the Katikiro of Buganda. He began his career in 1890 when he was placed in charge of the Northern part of Buganda's conquests from Bunyoro. He proved himself a competent soldier. He could not co-exist in Buganda with Sir Apollo Kaggwa, so he started looking for green pastures elsewhere.
In 1899, he was given the opportunity by the British Commission to round up rebels and mutineers and to carve out a wholly new dominion for himself upon the far side of Lake Kyoga. He established his authority among the people and conquered the Teso to the East with the help of Baganda soldiers, who hoped to obtain cattle and land.
In 1900, he had extended his operation south westwards to Budaka. In 1900, he was awarded "Kabaka of Bukedi" by Johnston. He introduced the Kiganda system of administration. He divided the conquests into five administrative counties and appointed chiefs to rule them. These chiefs governed the local people and helped them to build a network of roads and walled forts.
In 1901, the British took over his headquarters in Budaka. Kakungulu then withdrew Northwards to Mbale and subjugated the Bugisu. The British again took from him, for he was made Saza Chief of Mbale.
In 1911, Kakungulu was appointed President of Busoga Lukiiko, and introduced the Kiganda system of administration.
However, he later withdrew to Bukedi where he spent most of his days. He became a fanatic follower of the religion of the "Bamalaki" until his death.
As far as Northern Uganda is concerned, colonial administration took long to be effected because of the following reasons:
There was no direct means of communication. The area was characterised by inter-tribal wars. It was not as fertile as the southern region.
The British just built a few administrative posts since administrative costs were too high.
However, in 1909, Administrative stations were built in 1909 at Kamu and Palongo among the Lango. In 1910, administrative posts were built at Gulu. In 1912, at Kitgum among the Acholi. In 1914, at Arua among the Alur, Madi, Lugbara and Kakwa. In 1919, on the Moroto river.
- By 1920, only Karamoja was outside colonial rule.
- The Protectorate government faced many problems in the North.
- Ivory hunters almost destroyed the elephant herds.
- Raiding activities including those of gunmen increased especially by the Turkana who had become very powerful. It was not easy to convince them to give up.
- Lack of recognised leaders among them, they had to find and train local leaders so that the people could rule themselves within the colonial structure.
- It was not easy to persuade semi-nomadic people, to draw boundaries among their land.
- It was not easy to disarm the people and to include them in the new system of Government, without making them hostile.
- However, in Acholi land and Lango land, central native councils were established in 1914 and 1919, respectively.
- Karamoja was controlled effectively by the British until 1926.
Stages in establishment of colonial rule in Uganda 1894-1933
In 1893 the British established a protectorate over Buganda. In 1894, Uganda was declared a British protectorate. The Kingdoms of Ankole, Toro were brought under British control.
The British waged war against Kabalega who tried to resist and was defeated. Military occupation of Bunyoro was under taken to prevent any rise in Kabalega's power. This led to complete occupation of Bunyoro by the British.
Kasagama of Toro depended on the British support against Bunyoro and Toro welcomed British rule.
In 1900 the British signed an agreement with Baganda, Toro and later Ankole leading to the recognition of the Queens powers in these territories and at the same time reduce powers of traditional leaders.
In 1902 the Eastern province of Uganda (Rift valley region) was given to Kenya claiming that it was far from Entebbe.
Between 1899-1904, the British extended their rule into Bukedi, Bugisu, Kumam land, Teso and Sebei largely through Semei Kakungulu who organised them into administrative units under Baganda agents.
In 1903 the British took over Bugisu and Kakungulu nominees became advisers to the chiefs. In 1905, the British signed an agreement with Busoga. The Buganda modal of administration was introduced in Busoga; the Lukiiko was introduced with Baganda agents as advisers.
In 1906, responsibility for the Uganda protectorate was passed from the British foreign office to the colonial office and the title of the top official changed from Commissioner to governor. The system of administration in Buganda was self-sufficient similar to that of the British. The first governor was Sir Hesketh Bell (1905-1911). Introduction of cotton; wiping out sleeping sickness; and native courts proclamation were his achievements.
During the next two years effective administration was extended over most parts of Uganda. The British were much slower in establishing their rule to the Northeast and Northwest. Over the Langi, Acholi and Alur, they took advantage of rivalry between different groups. Chief Awich of Payera Chiefdom in Acholi land was the major resistor.
Kigezi, part of Belgian Rwanda was transferred to Uganda as compensation for the 1902 territory given to Kenya in 1909. West Nile district was given to Uganda by Belgian Congo which took the Sudanese area of Barilokuta in 1914. The Alur, Kakwa and the Madi were all incorporated in that district. Turkana region, which was part of Uganda, was transferred to Kenya British protectorate in 1926. In the same year Karamoja was finally subjugated. Finally in 1933 the British signed an agreement with Bunyoro.
Problems of the protectorate
In some areas resistance and non co-operation with the colonial government continued; these finally erupted into revolts. For example the Lamogi, Nyangire, and Nyabingi rebellions.
In some areas people were reluctant to grow cash crops.
In Busoga, Buganda and other areas around L. Victoria, such diseases as sleeping sickness claimed many lives.
Lack of sufficiently trained administrators to run government departments.
Poor communication and means of transport especially the very bad roads in most parts of Uganda.
Language barrier since very few people could speak and write English properly.
Most missionaries had created conflicts and antagonism between converts for example between Catholics and Protestants.
Inadequate funds to run the protectorate budget sometimes
In some areas, government agents were unpopular for example the Baganda in Bunyoro, Busoga, Bukedi and Bugisu.
Ivory hunting was on the increase and this threatened the extinction of elephants.
The Turkana were raiding large parts of Northern Uganda. They created insecurity and loss of property as well as life.
Also petty inter-tribal wars and raids continued for example the Karamojong against the Iteso.
Other problems in the North Uganda were; Firstly, drawing and defining boundaries for pastoral people who were used the free life of moving place to place for pasture. Secondly, finding chiefs whose authority would be accepted, since originally there was no centralised administration. Thirdly, how to make pastoral people accept restriction in cattle movement and provision of veterinary services.
3 Ibingira, G.S.K, "The Forging of an African Nation," New York, The Viking Press, 1973. pp 124.
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