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Politics, Democratization and Academia in Uganda: The Case of Makerere University
The value of this brilliant, thoroughly researched, and vigorously written book extends far beyond Makerere University and the case study of its academic union that is a central feature. The authors raise questions applicable to universities worldwide: the meaning of “democracy” for members of the academy, the relationship of the university to government, and the responsibility of academics and the media to the society that they ostensibly serve. Makerere’s failure to advance gender equity is the main focus of one chapter and a leitmotif in several others. A probing and sometimes personal analysis of the Law School, with which all the authors are associated, complements its contribution to the cause of democracy in Uganda. At once reflective and challenging, the authors invite further exploration by academics and policy-makers around the world.
— Carol Sicherman author of Becoming an African University: Makerere, 1922-2000 (2005), Professor Emerita, Lehman College, City University of New YorkPenned by brilliant legal academics, this anthology about that African academic giant—Makerere University—takes the reader on a fascinat- ing and engaging journey about the history of the organizational expression of African intellectuals and their links to the democratic struggles in Uganda. Arguably the best text on academia I have read in a long time, the book provides a deeply examined and superbly chronicled account of the manner in which Makerere University has been a thorn in the side of successive dictatorial governments, while also unpacking the warts that threaten to blight the academy; simply magnificent!
— Dr. Willy Mutunga, Chief Justice & President of Supreme Court, Republic of Kenya, 2011-2016This is a very valuable and a timely contribution to our understanding of sites of struggle in African countries. It focuses on Makerere University as a site of struggle for democratisation. The authors have done a marvellous job. If the sister universities of Dar es Salaam and Nairobi were to produce studies, we would have a veritable trilogy of struggles at our universities in East Africa.
— Issa G Shivji, Professor Emeritus of Public Law & First Julius Nyerere Professor of Pan-African Studies, University of Dar es Salaam, TanzaniaAlma mater to presidents, public intellectuals and pundits of all disciplines, Makerere University has attracted considerable scholarly and popular attention, both in respect of its prominence and achievements, as well as with regard to its failures and foibles. As the oldest (and arguably best-known) university in Uganda and the wider eastern and central Africa region, Makerere looms large in the history of higher education on the continent.
This book explores the relationship between a public university of unique historical importance and the contestations over democratization that have taken place both within campus and beyond. It is pivoted around the late-20th century struggles by university staff and students for improved living conditions against the backdrop of the early programs of structural adjustment and economic reform pursued by the National Resistance Army/Movement (NRA/M) government adopted soon after taking power in 1986.
Although seemingly introverted in focus, in many respects these efforts represented the earliest forms of political resistance against a regime of governance that promised a great deal, but disappointingly delivered considerably less. Collectively, the chapters demonstrate that there is neither a single narrative nor a textbook formula about the relationship between the academy and democratic struggles. Instead of forcing an unsupported and false consensus on the definitive role of Academia in politics, the book seeks to stimulate a robust debate on the subject.
CONTENTS
Preface by Hon. Justice Solomy Balungi Bossa
1. Introduction: The Academy and Political Struggle in Uganda J. Oloka-Onyango
2. The Role of Academia in the Democratization Process Benson Tusasirwe
3. For whom doth the Academic bell really toll? Unpacking the engagement of Makerere University Academic Staff Association (MUASA) in Uganda’s Democratization struggles Maria Nassali
4. Intellectuals and the Fourth Estate: Analyzing the Coverage of Makerere University Academic Staff Association (MUASA) in the Ugandan Media (1989-2020) Ivan Okuda
5. Between Activism and “Hooliganism”: Civic Engagement and Democratic Struggles in Makerere University Students Guild Dan Ngabirano
6. Juggling the Personal and the Political: The Case of Female Academics at Makerere University Sylvia Tamale
7. Contending with the past and building for the future? The Paradoxical contribution of Makerere University School of Law to dictatorship and democratization in Uganda Busingye Kabumba
8. Conclusion: The Political Economy of University Education: Revisiting democratic alternatives for Makerere and Uganda Frederick W. JjuukoContributing Authors
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Decolonization and Afro-Feminism
In Decolonization and Afro-Feminism, Sylvia Tamale provides a powerful guide towards the elimination of two interconnected challenges in contemporary Africa by situating her text as “part of the narrative that does not simply commit to the struggle for decolonization, but also recognizes the dynamics of gender within the struggle for new ways of being”. Emmah Khisa Senge Wabuke: Feminist Legal Studies https://doi.org/10.1007/s10691-021-09470-6
Why do so many Africans believe they cannot break the “One Step Forward, Two Steps Back” cycle? Six decades after colonial flags were lowered and African countries gained formal independence, the continent struggles to free itself from the deep legacies of colonialism, imperialism and patriarchy. Many intellectuals, politicians, feminists and other activists, eager to contribute to Africa’s liberation, have frustratingly, felt like they took the wrong path. Analyzed through the eyes of Afro-feminism, this book revisits some of the fundamental preconditions needed for radical transformation.
The main focus of Decolonization and Afro-feminism is unlearning imperial power relations by relearning to “shake off” the colonial filters through which we view the world, including the instruments of law, education, religion, family and sexuality. It re-envisions Pan-Africanism as a more inclusive decolonizing/decolonial movement that embraces Afro-feminist politics. It also challenges the traditional human rights paradigm and its concomitant idea of “gender equality,” flagging instead, the African philosophy of Ubuntu as a serious alternative for reinvigorating African notions of social justice. If you are a student of Africa or in a space where you wish to recalibrate your compass and reboot your consciousness in the struggle for Africa’s liberation, this book is for you.
Afro-Feminism is a fresh lens through which to consider decolonisation and decoloniality because it gives voice to and perspective from African women. It brings together the activism and scholarship of women who have fought for and alongside men in the political struggles for independence from colonial rule and continue to fight the injustices of colonial effects. They challenge the normative academic models for knowledge-making, offering different kinds of methodologies that recognise ways of knowing and being that resist and contest the scientific, positivist bias of Eurocentric gatekeeping. For precisely this reason, Sylvia Tamale’s layered and meticulous attention to epistemic alternatives opens up new conversa- tions about what it is to decolonise our thinking, being and acting in this world. …There are many reasons to read this book, one of which is that I can barely do it justice in a review. Tamale covers the range of colonial effects on African experiences and relations with compelling confidence and articulation, conveying a profound understanding of the essential work of decoloniality from an Afro-Feminist perspective. There are ‘aha’ moments on every page, detailed and multiple references which encourage the reader to keep searching for and finding the conscientisation and truth that will liberate. —Corinne Knowles, Extended Studies Unit, Rhodes University, Makhanda. (2021): Decolonization and Afro-Feminism, Journal of Contemporary African Studies, DOI: 10.1080/02589001.2021.1938976
Decolonization and Afro-feminism makes a major epistemic contribution to charting Africa’s way forward, and alerts us to new forms of domination such as digital colonialism… This book will leave you thinking!
—Oyeronke Oyewumi, author of The Invention of Women: Making an African Sense of Western Gender DiscoursesSylvia Tamale brings an encyclopedic rigour to the study of decolonization and what it offers as an African liberatory praxis. Her scholarship is rooted in real-time solidarity with African feminists and queer activists… Essential reading.
—Jessica Horn, Feminist activist, writer and co-founder, African Feminist Forum Working GroupTamale brilliantly dissects and demolishes the dangerous tropes of coloniality that distort our understanding of African societies, cultures, bodies, institutions, experiences, social relations, and realities… The book is a clarion call for the continent’s feminist epistemic liberation.
—Paul Tiyambe Zeleza, Professor of the Humanities and Social Sciences and Vice Chancellor, United States International University-Africa, Nairobi, KenyaThis book is Intellectually orgasmic! It provides students with an Afro-feminist intellectual rebirth… The next generation of Afro-feminists have our struggle cut out for us.
—Anna Adeke, Feminist and student, Makerere University, UgandaAbout the Author: Sylvia Tamale is a Feminist, Sociologist and Professor of Law at Makerere University in Uganda.
Table of Contents
Acknowledgments xi
Some Key Definitions xiii1. Introduction 1
Of Counter-Narratives 1
The Meaning of Africa(ns) 10
Goals and Organization of the Book 132. The Basics of Decolonization and Decolonial Futures 17
Africa’s Decolonization and Decolonial Reconstruction 18
Decolonization & Decoloniality: Science Fiction or Present Fact? 22
A Two-Pronged Approach: The Political and the Psychological 273. Feminists and the Struggle for Africa’s Decolonial Reconstruction 27
Gender Studies in African Academies 44
Beyond Racism: Multiple Inequalities and Intersectionality 62
Integrating Afro-Ecofeminism into Decolonization 804. Challenging the Coloniality of Sex, Gender and Sexuality 92
Michael Phelps and Caster Semenya: A Juxtaposition 95
Decolonial African Sex/Gender Systems 100
A Decolonial Analysis of the Phelps/Semenya Conundrum 105
Medico-Legal Taxonomies: Semenya’s Battle with Science and the Law 1195. Legal Pluralism and Decolonial Feminism 132
State “Customary Law” versus Living Customary Law 133
Decolonized Customary Law 140
Gender and Religious Relativism 1736. Repositioning the Dominant Discourses on Rights and Social Justice 187
Human? Rights? 194
Unpacking the Universalizing Essentialism of “Gender Equality” 205
Reconceptualizing Justice through Ubuntu 2217. Rethinking the African Academy 235
History and Evolution of African Academies 237
Internalized Colonialism: How it is Achieved 245
A Framework for Transforming the African Academy 2578. Decolonizing Family Law: The Case of Uganda 285
Conceptualizing the Heteropatriarchal Family 288
The Ugandan Family and the Law 300
Family Relations: Then and Now 306
Challenging the Status Quo 321
The Limits of Officialist Approaches to Family Gender Justice 3319. Towards Feminist Pan-Africanism and Pan-African Feminism 340
Feminism in the Pan-African Movement? 343
Pan-Africanism in African Feminism 369
Developing a New Pan-Africanism in the Era of Globalization 378Epilogue: Decolonizing Africa in the Age of Big Data 385
Index 397
Conversation between Sylvia Tamale and Charmaine Pereira
In Decolonization and Afro-Feminism, Ugandan feminist scholar and human rights activist Sylvia Tamale tackles the complicated task of articulating and identify- ing some of the work that decolonisation/ decoloniality requires of African scholars, thinkers, artists and activists at this moment in history. The book spans more than four hundred pages, covers an impressive range of themes, and functions in many different registers. Decolonisation/ decoloniality is taken up as an epistemic, political, artistic, psychological, legal, and cultural project. At the heart of the book is the claim that the decolonisation of African societies is Afro-feminist work, in so far as the persisting racial and economic hierarchies of colonialism and coloniality are inextricably intertwined with systems of heteropatriarchy. … Perhaps the most important tension that this book manages to hold, is the one between understanding the magnitude of colonial devastation and erasure on the one hand, and maintaining hope and movement, on the other. Tamale manages to present to her reader the vast and extremely complex nature of the project of decolonisation/decoloniality, while, at the same time, cultivating in the text not only a feeling of urgency, but an unwavering and deep sense of possibility. She creates and identifies openings through which the work can be started, and although the solutions she offers often have a utopian tone to them, they are firmly anchored in existing African realities and histories. This is an energising book to read, it is not simply an academic treatise, but also a compelling and enlivening call to action.
Azille Coetzee (2021): Decolonization and Afro-Feminism by Sylvia Tamale, Agenda, DOI: 10.1080/10130950.2021.1917301 -
Strategic litigation and the struggle for Lesbian, Gay and Bisexual equality in Africa
There has been a rise in the use of strategic litigation related to seeking equality for lesbian, gay, and bisexual (LGB) persons. Such developments are taking place against the backdrop of active homophobia in Africa. The law and the general public should, argues the author, treat LGB persons in the same way that heterosexuals are treated. In the past two decades,30 strategic cases have been fi led by LGB activists in the Common Law African countries, namely in Botswana, Kenya, Nigeria, South Africa, and Uganda. While the majority of the cases have been successful, they have not resulted in significant social change in any of the countries. On the contrary, there have been active backlashes, counter-mobilisations, and violence against LGB persons, as well as the further criminalisation of same-sex relations and constitutional prohibitions on same-sex marriages in some of the jurisdictions. The author argues that activists in Common Law Africa have to design LGB strategic litigation in such a way as to fi t within the actual social and political conditions in their countries if strategic litigation is to spur social change.
Adrian Jjuuko is an exceptional scholar. A rare combination of intellectual brilliance, commitment and hard work. The book is born of this. It reflects his incisive analytical skills, anchored in solid knowledge of the law and jurisprudential developments in the field. His ventures into political theory, philosophy, and the social sciences give the analysis additional clarity and empirical grounding.
—Siri Gloppen, Norwegian political scientist, professor of Comparative Politics at the University of Bergen and Director of the CMI-UiB Center on Law and Social Transformation.
Adrian Jjuuko’s meticulously researched examination of the use of strategic litigation not only celebrates the many victories which have been realized in a range of African courts of law, it also reviews and critiques the losses. He demonstrates that the law can be both an effective tool for liberation, just as it can consolidate minority oppression, gender injustice and sexual tyranny. This book is a deeply engaging and highly recommended text for those interested in shaping the evolving rights and struggles of sexual minorities on the continent for decades to come.
— J. Oloka-Onyango, Professor of Law Makerere University School of Law