Engabu Za Tooro cultural Music videos by Kigambo Araali Moses

WBS By Kigambo Araali Moses of Engabu Za Tooro


Otyalyebwa Omuka By Araali Kigambo Moses


Kyamanywagoha By Kigambo Araali Moses


Itaka Kintu Kikuru By Araali Moses Kigambo


Ekirale By Araali Moses Kigambo

Engabu Za Tooro wins accreditation to UNESCO

Engabu Za Tooro was invited and sponsored by UNESCO to attend in observer capacity with a right to speak on the UNESCO 5^th Session of Intergovernmental Committee for Safeguarding Intangible Cultural Heritage currently taking place at Kenyatta International Conference Centre, Nairobi.

This high level UNESCO meeting is attended by 520 representatives of UNESCO state parties and member states of the UN to review the strategies and guidelines of the implementation of The 2003 Convention On Safeguarding The Intangible Cultural Heritage.

Engabu Za Tooro is one of the 32 NGO’s selected from around the world to receive accreditation to UNESCO under this convention this year.

The meeting was officially opened by the Vice President of the Republic of Kenya H/E Stephen Kalonzo Musyoka and Her Excellency Irina Bakova, Director General of UNESCO and featured UN experts, ministers, ambassadors and government technocrats representing over 100 UN member states.

On Thursday (18^th, November 2010) at 5:25pm Engabu Za Tooro was declared accredited by the chair of the convention. Stephen Rwagweri accompanied by the entire Uganda delegation in the meeting who included Uganda permanent delegation to UNESCO and ambassador to France, Her Excellency Paula Elizabeth Napeyok and Commissioner for Uganda culture Ministry of Gender Labour and Social development, ascended the podium to receive accreditation certificate and gave 3 minute address to the meeting.

Out of the 32 NGO’s accredited, only 4 are from Africa (Uganda, Nigeria, Burkina Faso and Egypt).

According to the comments of the UNESCO examiners and experts who assessed applications, the strength of Engabu Za Tooro lies in the innovation of reclaiming values and meaning of people’s ancient traditions and promoting the visibility of cultural heritage in contemporary development practice. Three project concepts in Engabu Za Tooro programmes will be documented and profiled to be presented to UNESCO for official inscription as best practices under the convention.

The practical implication of the accreditation is that Engabu Za Tooro shall have a seat as an observer in the sessions of The Intergovernmental Committee on Safeguarding Intangible Cultural Heritage which is the executive arm of the convention that plans and supervises implementation on behalf of the General Assembly. It is also eligible for adoption on other advisory and consultative organs of the convention as a specialized field expert.

The expected role is to provide advisory services to the committee and information from the field that inform the decisions of the committee and link the committee with the grassroot communities who are the ultimate owners of the cultural heritage.  

To execute expected roles effectively Engabu Za Tooro shall access a UNESCO provided support package that include; funding trips for UNESCO meetings, conferences, events, capacity building opportunities, project funding opportunities within the framework of the convention and support with strategic linkages.

It can be remembered that Engabu Za Tooro last December got accreditation to the Traditional Knowledge Division of the World Intellectual Property Organisation to participate in observer capacity in the Sessions of Intergovernmental Committee of Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. Engabu Za Tooro is now admitted and will access funding support for representation in six UN meetings a year as follows;

1. Two sessions a year of Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore in Geneva.
2. One intercessional working group meeting on Traditional Knowledge a year in Geneva.
3. One Intergovernmental Committee Session on Safeguarding Intangible Cultural Heritage a year.
4. One Annual Session of United Nations Permanent Forum on Indigenous issues in New York.
5. UNESCO bi-annual General Assembly.

Engabu Za Tooro developed the programmes with consistent funding support of HIVOS for ten years. Cross Cultural Foundation of Uganda (CCFU) documented Engabu Za Tooro hitherto silent and isolated experience making it accessible for international appreciation.

Engabu Za Tooro accredited by UNESCO

Engabu Za Tooro which is a cultural Non Governmental Organisations based in Fort Portal and operating in the Rwenzori region has been accredited by UNESCO which is a United Nations organisation to provide advisory services to the Intergovernmental Committee for the Safeguarding of Intangible Cultural Heritage.

The organization has also been invited to the convention for the safeguarding of the intangible cultural heritage organised by UNESCO in Nairobi Kenya from 15th to 19th of this month (November, 2010). The convention will help allocate funding to governments and set and strengthen international cultural policies for the safeguarding of intangible cultural heritage.

According to the Executive Director of Engabu Za Tooro, Stephen Rwagweri, the accreditation will help identify characteristics of cultural heritage of Rwenzori region for international recognition and support.

Rwagweri says the recognition has also taken Rwenzori region at the international level because Engabu Za Tooro is the only institution in East African and one of the four institutions on the African continent to be accredited by UNESCO.

The accreditation of an indigenous Rwenzori region NGO will also help identify funding for the Rwenzori people for the protection of their cultural heritage.

Engabu Za Tooro was also last year (2009) accredited by World Intellectual Property Organization (WIPO) on its Intergovernmental committee on intellectual property and genetic resources, traditional knowledge and folklore to act as an observer. WIPO is also an arm of the United Nations.

Banyakitara in the contemporary society

Stephen Rwagweri Atwooki

September 2010

A paper presented in the 2nd Banyakitara Association Annual conventional conference (October 1-3rd 2010)

Venue: Double Tree Guest suits
Boston Massachusetts USA

Address
Engabu Za Tooro
P.O Box 886, Fort Portal, Uganda
Tel: +256-772-469751
Email: engabuzatooro@gmail.com
Facebook: http://www.facebook.com/people/Engabu-Za-Tooro/100001010274748
Blog: www.engabuzatooro.blogspot.com
Website: www.engabuzatooro.or.ug


Introduction

The president and executive of this association, distinguished guests, all members and friends of Banyakitara Association. All your excellences, ladies and Gentlemen.
I am greatly humbled by your invitation extended to me to participate and present at this historical occasion. I apologize for my failure to turn up last year. I can’t say much to introduce myself. I am Stephen Rwagweri, a leader in Engabu Za Tooro, a lover and defender of culture. I bring you greetings from Tooro, Bunyoro and Uganda in general.

The term ‘Kitara’ originate from the legendary Kitara Empire which had its headquarters in the present day Hoima and stretched up to Kagera in Northern Tanzania. The biggest African ancient state south of the Sahara.
This term in modern times has been re-invented and used to bring together four ethnically and linguistically related groups in Western Uganda namely; Batooro, Banyoro, Banyankole and Bakiga. In this presentation, I will focus on Batooro and Banyoro who I am informed constitute the biggest part of this audience.

In line with my topic and the theme of the convention, I will make efforts to analyze the position of Banyoro – Batooro in the development of Uganda highlighting gaps for our intervention as a developmental association. We come together to recognize our common roots and build efforts to defend and promote that common background.

The potential of Tooro and Bunyoro.

1. A rich natural heritage. Tooro is endowed with the richest natural heritage in Uganda. When Churchill said that ‘Uganda is the pearl of Africa he could have added that Tooro is the pearl of Uganda. Best soils and Climate ideal for agriculture and human habitation. Beautiful crater lakes in Ruteete, Ebikenkya in Harugongo, oil deposits around the belt of Lake Albert, useful stones in Kyaka, Cattle in Butuku, Volcanic hills in Rusekere, hot springs in Bunyangabu, etc. Despite this natural heritage, how competitive is a Munyoro/Mutooro in today’s development?

2. A rich cultural heritage. I am a facilitator of cultural development and a researcher and student of culture in development. I can speak with authority that Tooro and Bunyoro are one of the societies of the world with richest cultural resources.

- Bunyoro/Tooro has unique cultural practices like pet names in the whole world
- Bunyoro/Tooro culture has three subcultures that create a very rich cultural complexion. The cultivators, hunters and gatherers culture (Abairu), the cattle keepers’ culture (Abahuma) and royal culture (Ababiito). These three subgroups have each different experience, dialect and materials that create Bunyoro – Tooro cultural mix

The royal cultures is also divided into three sections according to the dynasties. The Abatembuzi, Abacwezi and Ababiito dynasties. Each dynasty gives different relics, sites and history. When you come at Nyakasura Mabeere Ganyinamwiru (stalagmites and stalactites), you learn about Bacwezi and Karambi Royal Tombs you learn about Babiito. We also have clan ancestral sites. You hear of Gweri cradle land for Bagweri, Abasiita ba Mbale, Abafumambogo ba Mweri, etc.

The Banyoro/Batooro have got a rich and diverse music, folklore and oral literature. A Mutooro can entertain non stop from morning to evening without repeating items. Take an example of Orunyege, Amakondere, Enanga, Kwebuga engoma Nyakahuma, Ebizina Byente, Ebiziina byokuswera, Ebikapiso, etc.

The culture of Batooro and Banyoro alone can make a very rich museum and theatre but all this stock of knowledge and indeed wealth is getting lost and its people equally disappearing. All these are resources, nothing God created is useless. A useful person sees value in everything and useless person sees no value in anything.

3. Human resource potential. Abatooro entymologically means people set for a ceremony. This brings out the qualities of elegancy, neatness and beauty as associated with Batooro. The Mutooro believes in ‘Obuntu’ or humanness above all other things. When you asked our ancestors ‘Omutooro Kintuki’ they would simply answer ‘Omutooro muntu’ This is not a simplistic concept of a person but a deep philosophy of a human being.

The Banyamwenge men were metaphorically referred to as ‘enjoki’ or bees hence the ancient saying that ‘Abanyamwenge njoki eziihwa no muuro’ this meant qualities of bravery, assertiveness and ability to defend socio-economic interests of their society. So, how have these innate qualities of elegancy, humanness and bravery helped the contemporary Mutooro/Munyoro to be competitive today?

4. Historical advantage. Banyoro and Batooro historically were organized societies under a monarchial system. In the colonial time the Batooro aristocracy easily joined the premier world. They dinned with the British Royalty, studied in Oxford university, become ambassadors, joined the UN, etc

The disturbing question is How has this historical advantage transformed into strength to empower the contemporary Mutooro? If it has not happened, what went wrong fundamentally?

The Banyoro under Kabalega resisted colonialism through armed struggles like the famous ‘Nyangiire rebellion’

As a result, the colonial masters instituted a policy of punishment through a sophiscated system of exploitation and marginalization which was passed on to neo-colonial governments. While Kabalega’s vision has been vindicated by the modern political thought, it has not equally been rewarded and compensated. The political actors rhetorically hail Kabalega’s resistance as they perpetuate the colonial legacy of marginalization. In my view, organized Banyoro would have advocated for an affirmative policy action to address historical imbalances created by the deliberate colonial policy of punishing Bunyoro.

Historically, right from the ancient times, Tooro was a centre of excellence in social services like education, health and administration. Galihuma in Mwenge was the ancient university of Bunyoro Kitara empire. Children of the royals and chiefs were taken to Galihuma to learn official language of the empire, acceptable behavior and administration. In colonial times, one of the three national prestigious educational centers was Nyakasura School. The other two being Kings College Buddo in Buganda and Mwiri in Busoga.

But this pride has slowly weathered away. Today, the wells to do Batooro drive their children to Ankole in search for good education. In so doing passing a vote of no confidence to their own schools.

5. The discovered oil in Lake Mwitazige (Albert). Lake Albert or Mwitazinge belt is known to have oil deposits. This is the most valuable natural resource in Uganda therefore with highest capacity of attracting the attention and the mighty of the rich and powerful. In the world governed by the principle of survival of the fittest, to be less organized and yet own a resource that attract the attention of the powerful people is very disastrous. It is like a very poor man having a very beautiful woman who attracts the attention of the powerful.

I am a scholar and a defender of indigenous issues at the UN. My knowledge is that, allover the world, discovery and exploitation of a great resource has always disadvantaged the less organized indigenous people, who would otherwise be the first owners of such resource in their ancestral land. They get pushed to the margins of society, get displaced, get enslaved, exiled or face extinction as their ancestral land is gazzeted in public interest or conquered by industrialists, the generals and the political aristocracy and in order to cease economic benefits.

Remember, according to the laws of creating a nation. Uganda is one country for all Ugandans. Everyone is free to relocate according to interest and capacity and everyone is vulnerable to be pushed according to weaknesses he/she may be having.

In a state like Uganda, natural resources belong to the most organized and powerful not those who may claim ancestral linkages to the place where these resources are discovered.

Banyoro/Batooro must get organized and be equal to the challenge. I have designed a programme to sensitize indigenous people around the oil belt on the UN promoted indigenous rights to ancestral land so that they can get empowered to engage government and industrialists on the share of oil gains.

The position of Batooro and Banyoro as socio-cultural entities in contemporary development.

I will use the metaphor of ‘Ekikoro’ to gauge the resilience of Batooro as a cultural identity in contemporary socio-evolution.

a) Capacity to preserve ‘Ekikoro’ stork. A stork is the starting and ending point of a system that grows, expands, spread and develops. The capacity of a group to preserve it’s identify is determined by its capacity to preserve its stork ‘Ekikoro’. In anthropological language, this Kikoro would be the cradle land or ancestral sites. Any social group with a concrete identity must point to some place of origin. When you lose your Kikoro as a family, clan, ethnic group or a race then you lose your identity.

Toro and Bunyoro is the cradle land of a social group who call themselves Banyoro or Batooro. They must maintain these places or atleast part of this place if they are to maintain their identity.

In contemporary social evolution, there are four options for socio-cultural groups;

i. A strong group whereby, its culture becomes the acceptable civilization and assimilates the weaker groups.

ii. A normal group that maintains its identity competing with other groups

iii. A conservative group stubbornly resists change and assimilation and is pushed to the margins of society

iv. A weak group that totally surrenders its identity and gets assimilated into other groups.

The third category is what the United Nations describes as indigenous people and it has legal instruments and programmes to protect their rights to keep their identity and exist in the way they want. They must prove two things – Determination to keep their identity and strong spirit to defend their ancestral territories.

In his book ‘Kigezi and its people’ the father of modern Kigezi, the late Paul Ngologoza wrote instructing the Bakiga kins as follows;

“I would, in writing this, like to remind the settlers that even if they become rich and change their mothe- tongue; they should remember the proverb ‘even hot water eventually cools. They must never forget the good customs and characteristics of the Bakiga, not forget their own language and they must feel in their bones hat they are Bakiga remembering where they used to live.” (Ngologoza, 1998:98)


As a result, the Bakiga as they migrate do three things;
• Keep Kigezi ancestral land intact and in their control
• Keep strong socio-economic linkages with their Kigezi ancestral place. Whenever there is concentration of Bakiga settlers there must be a bus connecting Kigezi daily. Kigezi radio must have subsidiary mini station in the areas where the Bakiga migrate and settle.

Let us analyze the position of Banyoro and Batoro in maintaining their Kikoro. I want to first note two things here;

i. I am not intending to raise nationalistic sentiments but making objective statement of facts as a scholar of social evolution.

ii. It is innate other than external factors that kill or make a social group thrive
The Batooro are generally urbanites. While the Bakiga look for land to cultivate, the Batooro look for urban centers to engage in petty trade and clerical work.
For anybody looking for rural idle land, you can’t go to Ankole, Kigezi or Bukonjo because there, the indigenous communities have utilized the land and are instead migrating in search for land else where. You go to Tooro and Bunyoro because there, indigenous people have failed to utilize the land and are fleeing it to take refugee in urban centers. Every upcoming town in Uganda must have a place called ‘Kitooro’. We find Kitooro in Kasese, Entebbe, Central Kampala, etc and most of these Bitooro’s are concentrations of unskilled people.

In 1995, the time around which Tooro started experiencing immigrations in big numbers, the population of indigenous Batooro in Tooro region was 95 percent but today it is estimated at 55 percent and reducing at the rate of 1 percent per year.
The traditional institutions are supposed to be custodians of land and cultural values and traditions of the people. They are characterized by conservatism for the purpose of keeping land as a symbol of original identity into perpetuity but when you listen to rumors of disposing off land titles in Tooro, you get a feeling that the current generation has only one mission of terminating and winding up business.
Another factor that make a group influential in a particular area is political power. But in modern democracy which is based on the politics of numbers, the Batooro are increasingly getting voted out of political leadership in their own ancestral land.

The Batooro can be described as reserved and indifferent. As such tend to be difficult to mobilize for a collective cause. They don’t easily build a front to confront their challenges using the power of solidarity. This nurtures a society that is fragile.

Therefore, what went wrong fundamentally?
The innate and internal weaknesses of Omutooro which she/he must overcome;
1. Reservedness, indifference and individualism
2. Migrating to towns without living linkage to the “Ekikoro”
3. “Ntamuhira” attitude and intrigue
4. Complacency

Despite challenges, some people in Tooro have put up courageous efforts that need to be supported. Prof. Edward Rugumayo and others have established Mountains of the Moon University. They are also talking of Tooro Botanical Gardens. Some religious leaders like Rev. Muranga, Late Fr. Albert Byaruhanga, David Mporampora and others have put up recognizable efforts in community development sector, progressive intelligentsia like Alex Ruhunda and others have maintained hope in the region. Good political leadership in Fort Portal Municipality has tried to bring back Fort Portal on the map.

What the Banyoro/Batooro in America can do

You should create and maintain a connection and developmental linkages between America where you live and work and Tooro and Bunyoro where you are ancestralilly rooted.

These linkages would include;
i. Programming linkages. Start a project that connects resources between America and Tooro. A charity mobilizing resources in America and implementing social development programmes in Tooro.

ii. Business linkages. A project that market the cultural products of Tooro in America. Products like handicrafts, ornaments, folklore, music, etc. Culture is becoming a lucrative product in the world.
People after getting tired of the echoes of industrialization, they want to amuse themselves with the forms of life of pre-industrial societies.

iii. Information linkages. The world’s development is now driven by the level of the effectiveness of ICT’s. The difference in development between me in Tooro and you in America is the effectiveness of information transaction. A transaction you make in a second, I will take 6 months to make the same in Tooro therefore, I will never catch up with you. You should help us improve our accessibility to information.

iv. Institutional linkages. For example, Engabu Za Tooro based in Tooro can have close relationship with Banyakitara Association based in America.

v. Social and Spiritual linkages. Keep connected to your families, clans and the social spiritual ceremonies back home in Tooro and Bunyoro.

I thank you so much

Protection of traditional knowledge in Uganda

A paper presented during International advanced training course on Intellectual Property Rights (IPR) for NAM and other developing countries, New Delhi India (12^th to 17^th July, 2010)

Title: Protection of traditional knowledge in Uganda

Author: Stephen Rwagweri Atwooki

Affiliation: Engabu Za Tooro

P.O Box 886, Fort Portal, Uganda

Tel: +256-772-469751

Email:engabuzatooro@gmail.com, engabuzatooro@infocom.co.ug

Facebook: Engabu Za Tooro

Blog: www.engabuzatooro.blogspot.com

Website: www.engabuzatooro.or.ug

Abstract

Uganda has diverse and rich traditional knowledge, covering socio-economic aspects of life like music, folklore, apprenticeship, handcraft, production, medicine, etc.

The modern civilization had threefold effects on the traditional knowledge; Some forms of traditional knowledge steadily disappearing, some remaining static and some prevailing through adaptation and integration in modern knowledge.

The Copyright and Intellectual Property rights laws in Uganda stem from the British Copyrights laws and Intellectual Property regimes. As a result, these laws are based on western modes of authorship and ownership and could not recognize Ugandan traditional forms of knowledge like oral traditions and folklore.

Traditional knowledge and Folklore in Uganda is not protected. The technical explanation is that traditional knowledge and folklore doesn’t meet the established international standards and criteria of copyright protection which define what, how and who can be protected and for how long. This has been just an intellectual debate among the lawyers and scholars of copyright law. The traditional knowledge sector itself is not developed to generate organized and sensitized practitioners to participate in the debate and generate demand for protection.

The production, presentation and distribution of different forms of traditional knowledge is not organized and developed to secure themselves for protection. Actors in traditional knowledge sector like cultural and traditional institutions and civic groups are not sensitized, organized and coordinated enough to pursue a common mission of organizing the sector and securing protection.

Some forms of traditional knowledge increasingly get threats of extinction due to failure to be relevant in the contemporary life, failure to cope with effects of high-tech modern communication, emerging hostile beliefs and value systems and imported forms of entertainment.

As traditional knowledge sector attempt to pursue protection, challenging questions emerge. Such questions include the definition of public domain, how rights are shared between original author and the one who re-invests and makes folklore relevant today? How to reconcile need for originality and need for adaptation?

It is recommended that Uganda first focus on programmes to re-invent and organize traditional knowledge so that it can meet some standards for protection and a study be undertaken of possibility of evolving a unique regime for protecting traditional knowledge.

Programmes of research, documentation and digital data systems for Uganda’s traditional knowledge should be developed like it has been done in India and South Africa.

Introduction

Uganda

Uganda is a landlocked East African country with a land area of 241,039 square kilometers and a population of 30 million people. The country’s GDP per capita stands at US $ 470.

Engabu Za Tooro

Engabu Za Tooro is a Ugandan non governmental organization promoting research and documentation of traditional knowledge and folklore. It is also accredited to WIPO’s Intergovernmental committee on intellectual property and genetic resources, traditional knowledge and folklore.

The organization is currently establishing a cultural centre to be an epicenter of traditional knowledge research and documentation and digital database development.

Why concern with Traditional Knowledge

Majority of indigenous and grassroots population in Uganda still rely on traditional knowledge for information and livelihood. Traditional knowledge inform scientific innovation. Therefore, there is need to give traditional knowledge its appropriate recognition.
The state of traditional knowledge in Uganda

Like any African society, Uganda has a rich and diverse stock of traditional knowledge in all human sectors like medicine, music, production, folklore, dance, apprenticeship and craftsmanship.

Uganda also has traditional and cultural institutions mandated to safeguard and perpetuate the traditional knowledge. Historically, Uganda had five major Kingdoms that included Bunyoro, Buganda, Ankole, Tooro and Busoga and chiefdoms in several parts of the country. These institutions traditionally had political and administrative powers which led to collision with colonial and post colonial central governments leading to their abolition in 1967. There was a three decade gap and then they were re-instated in 1993 as symbols of history and mandated to promote people’s cultural heritage.

However, most of these institutions to date have not moved beyond superficial mobilization to visible programmes that incarnate and build on people’s traditional knowledge. They are more often constrained by lack of funding and lured by political expediency.

We note that despite weaknesses and limitations, there are some emerging programmes in some kingdoms that build on, and promote traditional knowledge; examples are the Burungi Bwansi, Senga and Ekisakate programmes by Buganda Kingdom.

In Uganda there are some traditionalists and development workers who have organized themselves in regional and national associations to safeguard and promote some form of traditional knowledge.

These include;

§         The traditional herbalists who organized themselves into Buganda Nedaggala lyaayo

§         Performers of traditional dances and folklore who organized into Uganda Development Theatre Association (UDTA).

§         The community and private museum operators who have organized themselves into the Uganda Community Museums Association (UCMA)

§         Promoters of indigenous languages who have organized as Society for Advancement of Ugandan Languages (SAUL).

According to the mapping exercise done in 2007 by Cross Cultural Foundation of Uganda (CCFU), 23 organizations and projects in the country were using indigenous or traditional knowledge in development interventions in different socio-economic areas. One example of such project is Engabu Za Tooro in Western Uganda which creatively uses an indigenous tradition of an ancient Tooro heroine – Koogere – to promote women participation in development.

CCFU went ahead to network such initiatives for information exchange and capacity building. However, these efforts need to be consolidated and coordinated by networks to build a shared vision and a voice.

The threat of extinction of forms of traditional knowledge

Some aspects of traditional knowledge and folklore are facing threats of extinction. Many unique forms of traditional knowledge of minority communities with rich cultural diversity are endangered. Such forms include folklore and indigenous languages.

The threat, in the first place, is caused by the failure of some forms of traditional knowledge to adapt to the changing environment. This is actually the failure of the owners of the traditional knowledge to re-invent it so that it remains relevant in the changing circumstances. Duncan Smallman Edinburg argues that “a language survives only when it changes with the times.” Of course language is the custody of people’s traditional knowledge.

The second source of threat is the sophiscated modern communication technology. How do oral forms survive and remain valid in a high tech world in which communication is effected through email and cell phones?

The third source of threat comes from the mighty of imported forms of entertainment. Uganda like many other developing countries is often a dumping ground for a lot of undesirable forms of entertainment mainly from the West. These are packaged to be attractive especially to the youth. They eventually dominate the industry and the space, displacing traditional expression which is often not repackaged to be equally attractive.

The fourth source of threat is emerging beliefs and values that condemn some forms of traditional knowledge one by one. Many of these beliefs originate from, or are influenced by the colonial euro-centric mentality which used to blindly condemn anything indigenous and African as primitive and undesirable. So in most cases the judgment and condemnation of some forms of traditional knowledge, by the adherents of such beliefs and values, is subjective and based on prejudices.

In western Uganda, there is a religious sect which emerged only a few years back and it has condemned the local tradition and practice of pet names. It considers such, as satanic and calls their followers to condemn them. The pet name tradition is very rich and unique traditional heritage that is known to be found among only three communities in the whole world.

The law against witchcraft in Uganda which was drafted by foreign experts condemns some important aspects of people’s traditional heritage.

The response of the population about the threat of extinction of traditional knowledge has ranged from indifference to despair.

Intellectual Property rights laws in Uganda

It is important to note the different components of intellectual property rights and how they are covered by Ugandan legal system. The intellectual property rights components include; patent, copyrights, trade marks, designs, geographical indicators, integrated circuits and plant variety.

Uganda has patent (Amendment) Act 2002 for patent, copyright and Neighboring Rights Act, 2006 for copyright, the Trade Mark Act cap 217 laws of Uganda for trade mark, (Chapter 218, protection), laws of Uganda 1937 for industrial designs and draft plant variety protection bill which is presented before parliament.

Uganda has no any law covering geographical indication and integrated circuits.

Uganda is a member of the following international instruments; ARIPQ, PCT and WTO.

Uganda is not yet a member of Berne, Budapest, Madrid protocol, Strasburg UPOV and Paris Convention.

The government policy support to develop traditional knowledge has included;

·        Restoration of cultural institutions. However a question mark remains because they are disempowered to take on their natural and constitutional roles.

·        Setting up the Uganda national policy on culture which is facing a challenge of implementation due to lack of political will and budgetary support.

·        The policy on use of vernacular language at lower level of instruction (lower primary school level).

·        The development of the draft policy on traditional and complementary medicine.

·        Creation of a policy environment that allows the private investment in traditional knowledge and cultural sector.

At the same time, this support is inadequate;

·        The whole of culture sector has only 0.03 percent of the Uganda national budget

·        Culture is only a sub-department in the ministry of Gender, Labor and Social Development

·        Uganda has no national council on Arts and culture for policy support to the sector

·        Government has not invested in culture and heritage. There is only one national museum and national theatre built in the colonial era in the Capital City of Kampala.

·        The relevant international conventions like the 2005 UNESCO Convention on protection and promotion of diversity of cultural expression isn’t ratified.

This situation reflects government’s limited appreciation of the role traditional knowledge and heritage can play in national development. This also shows that the sectors itself is not organized and developed enough to package serious demands on the policy agenda and engage government

The protection of Traditional Knowledge in Uganda

Uganda’s copyrights laws and Intellectual Property Rights stem from the British copyright and ordinance of 1915, the copyright act of 1956 and from its intellectual property regime.

Quoting Okello Ogwang (Sillars, Johannessen and Dipio 2009), Uganda’s legislation on copyrights and intellectual property rights simply customized the British copyright and intellectual property legal regimes and therefore, unable to cover the non-Western intangible artistic and cultural forms like African Oral Tradition. The legislation accord minimal recognition to local and indigenous cultural forms and place high premium to Western models of authorship and ownership.

The 1964 Copyright Act restricted authorship to only cinemography and written works at the expense of oral tradition and intangible folklore forms. The copyright and neighboring rights 2006, under the section work eligible for copyrights, at the end of a long list it remotely mentions “any other work in field of literature, traditional folklore and knowledge.

Unlike in other types of works of Art, the law doesn’t present any details on production, presentation and distribution along which protection of traditional knowledge can be operationalised. It is observed for instance that the commercial and especially advertisement sector in Uganda exploit forms of folklore and oral tradition without any legal or ethical restrain.

The traditional knowledge in Uganda is not protected and there are no efforts yet to that effect. What exist is a one sided debate among the lawyers on whether Traditional Knowledge and folklore can qualify for protection under the copyrights and intellectual property regimes. The lawyers agree that the traditional knowledge doesn’t fit in the criteria and standards set to define who can be protected, what can be protected and for how long it can be protected.

The issues that disqualify traditional knowledge for protection under intellectual property principles are as follows;

1.     Ownership and authorship. While in copyright the author must be clearly known and identifiable, in traditional knowledge it is more often very difficult to identify the author. The creator is not known.

2.     While copyright aim at rewarding and encouraging individual creativity, traditional knowledge emphasize the collective interests and ownership.

3.     The principle of originality also doesn’t stand in the case of traditional knowledge which often is built by cumulative additions by many people of different generations.

4.     While in copyright the work must be written, recorded or reduced to material form, traditional knowledge is more often oral and if it is written it can not have been done by original author.

5.     Equally, the principle of duration as applied on copyright laws cannot be applied on different forms of Traditional Knowledge.

The emerging questions in the protection of traditional knowledge and folklore

In attempt to develop protection of traditional knowledge, there are challenging questions that begin to emerge.

What would be the definition of public domain in the context of African Traditional knowledge and folklore? Such definition should consider the African traditional systems of authorship, ownership, hereditary and intergenerational transfer of information. Who is the author of a piece of folklore which has existed for generations passed on by word of mouth? A piece of art could be created by imaginations of one person exclusively or by collective contributions. One piece may be an anthology of many contributors.

Who should claim authorship of a dying traditional art piece, the initial author or the one who re-invents, adds value and makes it relevant to today’s world? How do we reconcile the need to maintain authenticity and demand to adapt to new circumstances?

What do we do with important forms of traditional heritage being condemned by emerging beliefs and value systems and some forms of traditional knowledge being pirated from one society to another.

Recommendations

It is recommended that first and foremost, efforts should be focused on mobilizing the communities to reclaim the value and vitality of traditional knowledge and re-integrate it in the mainstream development process.

The traditional and cultural institutions in Uganda like the four major kingdoms (Buganda, Bunyoro, Tooro and Busoga) the chiefdoms like Kooki, Rwenzururu, Tien Adhola, Woni Nyachi and traditional clans should be encouraged to focus on their natural mandate of conserving and developing the traditional values and heritage.

The civil society and non governmental organization as facilitators of development should increase their focus on development of traditional knowledge. The role of civil society of building local and international networks, organizing the sector, generating demand for protection and directing public opinion on developing traditional knowledge is clearly missing.

A programme called Traditional Knowledge Development Programme has been conceptualized by practitioners with a mission of mobilizing communities to engage in a conscious process of organizing, re-inventing, securing, protecting and re-constructing traditional knowledge in the contemporary development. The programme shall coordinate and network practitioners from different components in traditional knowledge like folklore, traditional herbs/medicines, indigenous languages and music. It shall build networks for enhancing collective vision and voice in the sector and to catalyze organization development and protection of traditional knowledge.

A study should be carried out to look into the possibility of developing a unique intellectual property regime for the traditional knowledge in Uganda.

A digital database system of traditional knowledge should be developed in Uganda to safeguard against inappropriate use and piracy of Ugandan Traditional knowledge. Model case studies of such systems in developing countries include; Traditional Knowledge Digital Library (TKDL), Council of Scientific and Industrial Research – India and National Indigenous Knowledge Systems Department of Science and Technology, South Africa.
References

1. Akubu Jeroline (2005). Challenges of current copyright regimes in protecting indigenous knowledge and African traditions. Uganda Law Reform Commission. Kampala – Uganda
2. BBC story. The tragedy of dying languages.
3. BBC, 2009. Saving Native American languages. Available at: http://news.bbc.co.uk/2/hi/americas/7964016.stm
4. Cross Cultural Foundation of Uganda 2008. Culture in development in Uganda: Experiences and prospects. Kampala – Uganda.
5. Interview with James Wasula – Executive Secretary of Uganda Performing Rights Association on 3^rd July, 2010 in Kampala - Uganda
6. Ministry of Labour, Gender and Social development, 2009. Uganda National Cultural Policy. Kampala – Uganda.
7. Sillars S, Johannessen L, Dipio D (eds.) 2009. Performing Change. Novus Press, Oslo.
8. COMPAS endogenous development magazine 2009.
9. Uganda Copyright and Neighboring Act, 2006

Engabu Za Tooro objectives

SEVEN OBJECTIVES ARE:

1. To mobilize and empower the youth to exploit and develop talents and skills for promotion of creativity entrepreneurship and self-reliance.

2.Using cultural approach to promote the rights of grass root women and children

3. To promote organizational discipline group efforts and effective leadership among the youth.

4. To promote unity, cooperation and interaction among youth of different social standing in order to build strength for sustainable development.

5. To enhance partnership and networking with development organizations and progressive intelligence.

6. To promote the vitality of culture and spirit of patriotism as a basis of individuals confidence and self-realization among the youth.

7. To mobilize the elite youth in institutions and cities to repatriate their attention and work to contribute to the improvement of their home communities

Action Habits

The Action habits are things we do repeatedly to consolidate and manifest our beliefs and existence as a socio-economic system.

Action : We are always in action and it is action that manifests the reality of our existence. Our flag flies twenty-four hours to signify that we are always awake and acting to improve our environment.

Ceremony: We pursue human development in a ceremonial context and look at life as a celebrated event. Therefore we express the reality of our existence and carryout our activities in a ceremonial way in order to consolidate and project our common beliefs. We labour and toil with a music rhythm in the background to signify that our toil is not void of hope and is not a punishment but a process of human fulfillment.

Signs and symbols: We emphasize signs and symbols in our everyday life to reflect our common beliefs, commitment and aspirations.

Excelling: We often excel in whatever we do and excellence is part of very being. This is the indicator we use to ascertain that we are fully awake and with it.