MASINDI- Stephen Birija, who last week resigned as Masindi District chairman after accusing the ruling party of harassment, intimidation and persecution, is in the UK seeking political asylum, The Observer has been told by a confidant.

The same source said that Birija who handed over office to his deputy on October 26, as he proceeded for his annual leave, sneaked out of the country through Busia on the Kenya - Uganda border. He was driven to Busia in his official car and on reaching the border; Birija reportedly gave the driver Shs 30,000 and asked him to drive back to Masindi. Since then, his whereabouts were unknown until December 18 when his resignation letter was read at the extraordinary district council meeting.

In his five-page missive addressed to Julius Kahira, the Speaker, Masindi District Council, Birija said he feared for his life after the ruling party, to which he is a member accused him of siding with the main opposition party, FDC. But Kahira told The Observer on Tuesday that he doubted the aunthenticity of the letter because Birija didnot follow the right procedure. He said that Birija was required to tender in the original resignation letter before the council and not a scanned copy. He said the district is still investigating the matter.

The Vice Chairperson, Wilfred Byakagaba, claimed on the same day that he talked to Birija by telephone from London and he, Birija denied resigning his seat. He however refused to give The Observer Birija's telephone contact in London.
The resignation letter dated December14, but signed on December 15, is copied to the Minister of Local Government and the Minister for the Presidency.

The former NRA bush-war fighter said: “I have been a detestable person to very many people and authorities in government, consequently suffering systematic persecution and total neglect or sabotage in whatever I try to do. The ban from radios has caused me havoc as I cannot explain myself.”

Birija has been critical of the NRM in Bunyoro sub-region. Recently, he become the only Munyoro leader to oppose President Museveni’s proposal to “ring fence” elective positions in the area for indigenous Banyoro. This was the President’s proposed solution to the political and land wrangles between Banyoro and immigrants, otherwise referred to as Bafuruki.

The proposal that was widely condemned would exclude non-Banyoro in the region from contesting positions such as member of Parliament and chairpersons of Local Council three and five.  In 2008, Birija expressed interest in running for the NRM party leadership before the 2011 elections. Late last year, Birija also offended his party when he received FDC President, Col. Kizza Besigye, at his office and held a brief meeting with him.

The move annoyed the NRM whose hold onto the region’s block vote appears to have come under threat. By associating with Besigye, the NRM saw Birija as anti-government, but he defended himself by saying that his office was public and open to all people, irrespective of their political affiliation.

“My views have been mistaken for sympathy for the opposition and the result of all this has been to persecute me. I have suffered humiliation, intimidation and harassment from some ministers in government and military generals,” Birija wrote in his resignation letter.

Birija adds that he could no longer stand the rampant abuse of office and corruption by both politicians and civil servants in Masindi. He claims that his efforts to stamp out corruption have been thwarted by the President.

“I have appealed to the President both in person and officially in writing about the anomalies in my district and Bulisa (formerly part of Masindi) after observing that the welfare of the citizens was severely affected by unprecedented abuse of public offices, corruption and land grabbing, but the President kept a deaf ear,” Birija states.
On July 22, 2009, Birija wrote to the President asking him to appoint a judicial commission of inquiry to probe corruption in Masindi but the President did not act.

See full letter below

Birija’s resignation letter in full

Stephen Birija resigned last week as Masindi District chairman; below is a slightly edited version of his resignation letter

Kijura, Masindi.

December 14, 2009

The Speaker, Masindi District Council

Dear Mr. Speaker,

RE:   Resignation as District Chairman

I write tendering in my resignation from the above office with immediate effect. This comes after a careful consideration of the circumstances I have gone through since I became district chairman and the spokesperson of Bunyoro delegation (Committee) that was involved in the discussion and negotiations of the Banyoro - “Bafuruki” conflicts.

The reasons for which I am resigning are well known to you and all others in the districts of Bunyoro and some in the entire country. Principally, my conscience makes it hard for me to continue as a chairman for the following reasons:

1. As District Chairman and leader of the local authority; Article 183(3) b of the 1995 Constitution of the Republic of Uganda, and section 13(1) b and c of the Local Government Act cap 243 oblige me to monitor the general administration of the district and implementation of council decisions. Further, section l (e) of the Act enjoins me to oversee on behalf of the council, the performance of persons employed by the government to provide services in the district and to monitor the provision of government services or the implementation of projects in the district.

I swore to abide and uphold and safeguard the Constitution, the district laws and other laws of Uganda and endeavour to promote the welfare of the citizens of the district. It is on this basis that I observe that the work of the district has been usurped by various political actors and organs with vested interests that are well known in the entire district.

2. Abuse of office and corruption by the same players from within and without. Article 99 of the 1995 Constitution (as amended 2005) vests executive authority in the person of the President. Clause 3 therefore enjoins him inter alia, to promote the welfare of citizens. On the basis of the legal provisions, as a last resort since April 20, 2008,I have appealed to the President, both in person and officially in writing, about anomalies in my district and Bulisa (formerly part of Masindi district).

I observe that the welfare of the citizens was severely affected by unprecedented abuse of public office, uncontrolled corruption and land grabbing. I only informed him that the situation was severe after failed appeals to the IGG, Permanent Secretary and Minister of Local Government, Second Deputy Prime Minister, which was after the muzzling and manipulation of the district council by such actors from among civil servants and politicians from outside the district.

Refer to all our executive and council minutes, my speech to and address when the President visited Kiryandogo on April 20, 2008 and my letter to the RDC, Masindi of July 2, 2009, and a letter to the President of July 22, 2009 and the failed partial audits by IGG’s office, Ministry of Finance and anti-corruption Police unit.

3. The district executive and the majority of the council demanded a judicial commission of inquiry and not cosmetic, superficial and self, hints at political comeback face value investigations.

4. I have been in the negotiations of the Banyoro - “Bafuruki” conflicts. My stand is unwaveringly clear, that these matters need high level objectivity and sense of justice and fairness without resorting to unconstitutional means so that we all emerge winners and leave Uganda better or intact as a nation. Bunyoro has been and is still a hospitable region, there is no need to put us on a collision course with the entire country, but again the fact that we have suffered injustice should be addressed.

Ring-fencing is temporary and its constitutionality questionable. Our problems are specifically the challenge we face as a result of unresolved land conflicts [which] are likely to be compounded by the Land (Amendment) Bill 2007 that was [recently] passed [by Parliament]; a good law but without the full knowledge and participation of our people.

Historically, Banyoro have been denied the muscle and opportunity to acquire and own their land; some Banyoro live as squatters on Bunyoro land, a trend this government is reluctant to address! The maligning of our people is clearly seen in our gagging and muzzling in the enquiry about the likely implications of the signed oil agreements and contracts.

The interest may not be shares but we fear the impact of environmental degradation on our people as the primary sufferers without any deliberate benefit put in place.

5. As a leader, I feel ashamed and embarrassed when put in helpless positions not to advocate and lobby for the rights of my people through unfair and unconventional methods.

6. On governance issues, my principle and promise to my people during the campaigns was that together with them we needed to deliver tenets of good governance based on the rule of law and responsive strong citizenry and accountable leadership.

7. Unfortunately, my vision, commitment and conscience that I have unwaveringly stood for have been misunderstood. My views have been deliberately distorted, misrepresented and I have been severally labeled as subversive and not following the correct line. I have been a detestable person to very many people and authorities, consequently suffering systematic persecution and total neglect or sabotage in whatever I try to do. The ban from the radio has caused me havoc as I cannot explain myself.

Mr. Speaker sir, you well know that my attitude to be transparent and educate the masses through radio was thwarted by unofficially banning me from talking on radio.

I have insisted that the council and the office of the district chairman are public offices and not partisan. I have appealed to my people to avoid politics of confrontation irrespective of our ideological leaning. This has been mistaken for sympathy for the opposition. I have opposed civil servants’ participation in politics.

The result of all these have been to persecute me. You are very much aware of the unconstitutional reversal of all our council decisions from April 2009 to date, when it was claimed we did not toe the right line of the usual actors. I have suffered humiliation, intimidation, harassment from some ministers and military generals. The criminal offences [for which] I was blocked by the office of the DPP from being paid money owed to me under unclear circumstances for now over one year, the story of our salaries notwithstanding.

Many attempts have been made and are still on to blackmail me. The only luck is that I have always been careful while executing my duties as chairman.

Finally Mr. Speaker, my resignation is very sincere and honest. I was being trailed by unknown people all the time; I shared this with the RDC, the new CAO, and the vice chairman. Fears for my life have intensified. However, I will not be stopped from continuing to guide my people.

I have shared my fears with the Second Deputy Prime Minister, some of my MPs, and lastly on October 20, 2009 with Hon. Amama Mbabazi, and no assurance was given to me.

Let this not stop my people and right thinking Ugandans from the commitment of making our country a better place. My prayer is that you understand that this letter of resignation is not directed to any particular individual. Even our people of Masindi and Bunyoro take the responsibility for not being active enough. The challenge is for us collectively.

I thank you Mr. Speaker, my wonderful members of the executive, the majority of the council, and well intentioned people of Masindi, Bunyoro and Uganda, who gave me support and audience in performance of my duties. I also wish to appeal to others to see what I stand for and judge me correctly. Attempts to eliminate or destroy well intentioned people and leaders will not build this nation.

It is however regrettable that I have chosen to first make a retreat to rethink my position for my own good, family and nation. One cannot retire from life until he is dead. I have just resigned from an office but politics is a social life vocation and we can never resign from it.

[While at] Miracle Centre in October, I was pointed to Isaiah 53:6-7:  “We all, like sheep, have gone astray, each of us have turned to his own way...He was led like a lamb to the slaughter”. Therefore, fellow Ugandans, whoever leads his people astray and to a slaughter house will one day be judged by history like many of our past leaders have been judged rudely. I therefore opt out for now.

For God and my country!

Thank you very much.

Yours faithfully,

Steven Birija

Outgoing Chairman Masindi District.

CC. Minister in charge of Presidency

Cc. Minister of Local Government

CC. Vice Chairman, Masindi District

CC. RDC, Masindi District

CC. Chief Administrative Officer, Masindi

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