THE SITUATION IN BUGANDA (Hansard, 16 November 1954)

LORD LLOYD
My Lords, with your Lordships' permission I should like to make a statement on the situation in Buganda, similar to that which is being made in another place by my right honourable friend the Secretary of State for the Colonies. In recent months two new factors have emerged: one is the 1510 judgment in the case brought in the Uganda High Court to test the validity of the action taken last year by Her Majesty's Government with regard to Kabaka Mutesa II; the other is the agreement reached on constitutional changes at the Conference presided over by Sir Keith Hancock, at the invitation of Lord Chandos. This agreement is being presented to-day to the Great Lukiko. At the same time the Governor is announcing certain proposed changes in the Executive and Legislative Councils of the Protectorate. Both the agreed recommendations and the Governor's proposals are acceptable to Her Majesty's Government.
A copy of the judgment was placed in the Library last week, and the text of the agreed recommendations and of the Governor's proposals is published in a White Paper, of which copies are now available in the Printed Paper Office. Noble Lords will no doubt wish to study it carefully. In his judgment in the case, the Chief Justice, in refusing the declarations and injunctions sought by the plaintiffs, expressed the view that the conduct of the Kabaka last year was such as to justify action by Her Majesty's Government under the 1900 Agreement, but that the action which they did take—with the greatest reluctance, as your Lordships will recall—was mistaken in that it was based on Article 6 of the Agreement.
This judgment and the constitutional proposals for Buganda (which, if accepted by the Lukiko, will settle satisfactorily the points of difference which arose last year) create a new situation in which there is both need and opportunity for a new approach to the question of the Kabaka. Her Majesty's Government have decided, therefore, that, subject to certain conditions and after a suitable interval, the Lukiko should be given the opportunity to choose whether a new Kabaka should be elected or whether Kabaka Mutesa II should return as Native Ruler of Buganda. These conditions are:

(1) The agreed constitutional recommendations to be accepted as a whole by the Lukiko.

(2) Her Majesty's Government and the Lukiko should agree the terms of the Solemn Engagement recommended by the Constitutional Conference to be 1511 entered into by the Kabaka. The amendments to the 1900 Agreement to give effect to the recommendations to be formally executed by the Governor on behalf of Her Majesty's Government and by the Regents and representatives of the Lukiko on behalf of Buganda and brought into effect.

(3) In order that the new arrangements may become well established before the Lukiko is called upon to make its decision in regard to the Kabaka, the choice of the Lukiko to be made nine months after the new arrangements have been brought into effect. Her Majesty's Government will, however, be glad to shorten this period if they are convinced before the end of it that the constitutional arrangements have become well established and are working satisfactorily. Her Majesty's Government will make every effort to ensure that they are brought into effect by March 31, next year.

The Kabaka chosen by the Lukiko will be required to enter into the Solemn Engagement and to sign and thereby confirm the Amending Agreement before he is recognised by Her Majesty's Government. These decisions are today being communicated by the Governor to the Great Lukiko.

§ EARL JOWITT
My Lords, I feel sure that any of us would be ill-advised to express an opinion on this announcement without much more careful study than in the nature of things we have been able to give it. I should like to content myself with two observations. In the first place, I think that Buganda and this country are greatly indebted to Sir Keith Hancock for the splendid work he has undertaken and carried through. Secondly, I think it is greatly to the credit of the people of Buganda that, speaking broadly, they have avoided extremism and violence. They have sought by legitimate and proper means to present their case and discuss their grievances. That is greatly to their credit, and it is much more likely to get them what they want than had they proceeded in other ways. I think that, too, might be said. For the rest, I should like an opportunity of looking at these papers most carefully and I think we should do so. I have no doubt the noble Marquess the Leader of the House 1512 will agree that this is the sort of matter which the House would probably desire to debate in the near future.

THE LORD ARCHBISHOP OF CANTERBURY
My Lords, Christian opinion, both in this country and in Buganda, and, indeed, farther afield than that, has been deeply and anxiously exercised about this unhappy matter ever since the Kabaka was deported. I have not been able to consult others about the statement now made, but for myself I should wish to express straight away a great sense of relief and a considerable degree of satisfaction. At the very beginning of this distressing business, as I think, mistakes were made on both sides. This statement enables both sides honourably and harmoniously to retrieve those mistakes on a firmly understood constitutional basis. The Government have felt bound to make conditions to be satisfied before the question of the return of the Kabaka is settled. So far as one can judge at an early view, they are reasonable conditions, designed to secure as the first requirement a firm constitutional settlement. I trust that all concerned will set to work to establish this settlement, already accepted by the Africans who worked so admirably with Sir Keith Hancock on the Commission. Then, within a year, and indeed it may be in a shorter time, the way is open for the return of the Kabaka, if his people so desire. As the noble Earl has said, there is still a great need for patience and restraint. I hope that the exemplary patience of the Lukiko and of the people of the Buganda will continue and will earn quickly, as I think now it may, its full reward in a satisfied country and a renewal of complete trust between them and ourselves. I feel that I should wish to say at least this: the statement does enable all to hope for and work for that end together.

§ THE EARL OF LISTOWEL
My Lords, may I ask the noble Lord a question arising out of his statement? Can he say whether the translation into the vernacular of the agreed recommendations of the Hancock inquiry has been completed, and how soon it will be available for study in Buganda?

LORD LLOYD
My Lords, I understand that it has been completed and I think it is available for study now.

§ LORD CHORLEY
My Lords, may I ask the noble Lord a question arising out of the remarks of the most reverend Primate, who referred to the possibility of a settlement within a year? I should like to know whether the nine months will date from March 31, or whether they will run from the present time. That may be important and it did not seem to be quite clear.

LORD LLOYD
My Lords, the nine months date from the time the constitutional arrangements come into force, which we hope will be March 31. In these questions it is difficult always to predict precisely when the date will be, but if the noble Lord will look at the statement again in the OFFICIAL REPORT, I think he will observe that I said that our object is to get the Constitution working satisfactorily before the Kabaka goes back. Should that be possible in less than nine months, my right honourable friend has indicated in his statement that he would be prepared to abbreviate the period, should that seem desirable.