Buganda Agreement (1955)


The Buganda Agreement, 1955 was made on 18 October 1955 between Andrew Cohen, the governor of the Uganda Protectorate, and Mutesa II, Kabaka of Buganda. The agreement facilitated Mutesa II's return as a constitutional monarch, ending the Kabaka crisis that began when the Kabaka was exiled to England by Cohen in 1953. It amended the earlier 1900 Buganda Agreement. The final text reflected the agreed outcomes of the Namirembe Conference.

Background

Between 1953 and 1955 there was major unrest and discontent in Buganda, part of the British-administered Uganda Protectorate, following a speech in which the British Secretary of State for the Colonies made a "passing reference" to the possibility of East African federation. The incident prompted widespread calls for Bugandan independence as the only protection against British overreach.
In order to force a resolution to the deepening political crisis, the Governor of Uganda, Sir Andrew Cohen, invoked the 1900 Buganda Agreement and demanded that the Kabaka fall into line British government policy which favoured the continuation of a single, unitary, Ugandan state. The Kabaka refused. As a result, the British Government withdrew its recognition of Mutesa II as Buganda's native ruler under Article 6 of the 1900 Buganda agreement and forcibly deported Mutesa to Britain. News about Mutesa's deportation severely shocked the Baganda, leading to a constitutional crisis. Cohen's preference was for a new Kabaka to be installed immediately, but this proved impossible, necessitating a fuller negotiated outcome.

Namirembe Conference

Following a successful Bugandan delegation to London, new negotiations on the future of Baganda took place in June to September 1954 at Namirembe, with the Australian Sir Keith Hancock acting as the mediator and Stanley Alexander de Smith as Secretary. Initially, Hancock met solely with a constitutional committee selected by the Lukiiko. The four main issues considered by the committee were the degree to which Buganda was 'independent' under the 1900 Agreement; the balance between federalism versus the need to preserve a unitary Ugandan state; the role of the Kabaka; and the participation of Buganda in the Uganda Legislative Council. Discussions were lengthy, and while there was some progress, it was clear to Hancock that the Committee in particular held firm views in favour of a federal model for Buganda that would be at odds with the British emphasis on a unitary state.
The Namirembe Conference proper opened on 30 July, with both the Committee and Cohen represented. On the crucial issue of federalism, Cohen produced a paper in early August arguing for greater devolution to Buganda, without going as far as federalism. At the same time, the non-African members of LEGCO agreed to give up one European and one Asian representative seat and transfer these to African members.
By the time the conference closed in early September, it had agreed a number of recommendations, including that "the Kingdom of Buganda... should continue to be an integral part of the Protectorate; that the conduct of public affairs in Buganda should be in the hands of Ministers; and that, while all the traditional dignities of the Kabaka should be fully safeguarded, Kabakas in future should be constitutional rulers bound by a Solemn Engagement to observe the conditions of the Agreements regarding the Constitution and not to prejudice the security and welfare of the Buganda people and the Protectorate". A number of constitutional changes to the Governments of Uganda and Buganda and to LEGCO were agreed at the same time, increasing African representation, and progressing Cohen's reformist goals. As a result of these changes, Buganda would end its boycott of the reformed LEGCO.
Strictly speaking, the return of Mutesa himself to Uganda was outside the conference's terms of reference. However, the Kampala High Court's finding that the British Government's reliance on Article 6 was "mistaken" – coming shortly after news of the agreement at Namirembe, but before the Agreed Recommendations could be published – put pressure on Cohen to concede. In November, he reversed the British Government's position and agreed to Mutesa's return, contingent on the adoption and implementation of the Namirembe recommendations.
In December a committee was established, chaired by Michael Kintu, to advise the Bugandan Lukiko on whether to accept the Namirembe recommendations. Ultimately, the Kintu Committee supported the recommendations, with a number of proposed amendments: the deferral of local government and succession reforms, and the instigation of direct elections to the Lukiko. The Kintu Committee's report was adopted by the Lukiko on 9 May 1955 by 77 votes to 8 with 1 abstention.

Agreement

Following further negotiations, held in London, the Namirembe recommendations were adopted in July 1955 in the form of a new Buganda Agreement that would "supplement and where necessary amend the Agreement of 1900" rather than replace it. The main delay had been caused by a conflict between Mutesa's desire to sign the final agreement in Buganda, and the British view that his agreement was a prerequisite for his return. The solution found was "a transitional Agreement which will run until the main Agreement is signed in Buganda by the Kabaka on his return. This transitional Agreement will be in the same terms as the main Agreement, apart from the transitional provisions, and after approval by the Lukiko will be signed by personal representatives of the Kabaka. Six weeks after the appointment of Buganda Ministers and the Buganda representative members of the Legislative Council under the new arrangements, authorise the Kabaka to return to Buganda, where he will sign the main Agreement". The transitional Agreement was translated into Luganda and adopted on 15 August 1955.
Following adoption of the new agreement, Mutesa duly returned to Buganda and the main Agreement was duly signed on 18 October. Signatures of the Kabaka, the Governor, and other witnesses appear at the end of the treaty.