Zadock Amanyisa | Tayari news
MBARARA – The Mbarara University of Science and Technology (MUST) Vice Chancellor, Prof. Pauline Byakika-Kibwika, has written to the Clerk to Parliament, Adolf Mwesige Kasaija, expressing her observations on the proposed ‘Protection of Sovereignty’ Bill, and suggesting what the University thinks can work well.
In the 24th April letter, Prof. Byakika ‘respectfully’ highlights the implications of the bill on Public Universities and suggests areas of consideration, explaining that MUST as an institution fully appreciates and supports the Government’s commitment to safeguarding Uganda’s sovereignty and protecting national interests from undue external influence. It remains ‘committed to operating within the laws, policies and national development priorities of Uganda.’
Upon review of the Bill, Prof. Byakika told the Clerk that the University’s respectful concern is limited to ensuring that the Bill, while achieving its important national objective, does not unintentionally affect lawful public university functions undertaken within approved Government and institutional frameworks.
She stressed that the University’s comments are intended to support the Bill’s objective while proposing refinements that may assist in its practical implementation.
Assessing the impact
Impact on Research Funding, Innovation and the Public University Mandate (Clauses 1 and 6) 2. According to Byakika, Clause 1 defines an “agent of a foreigner” broadly to include a person whose activities are directly or indirectly financed, supervised, directed, controlled or supported by a foreigner. She indicates that Clause 6 further restricts a person or agent of a foreigner from exercising functions or services for which the Government is responsible without the necessary approval.
While MUST appreciates the purpose of this provision, particularly the need to guard
against improper foreign influence over Government functions and national priorities, the Vice Chancellor says “their broad wording may unintentionally cover Public Universities, staff, researchers, students, project teams and institutional units engaged in legitimate foreign-funded research, international grants, scholarships, technical cooperation and approved institutional partnerships.”
Byakika observes that Public Universities are already Government institutions performing statutory public functions under the Universities and Other Tertiary Institutions Act, and MUST’s teaching, training, research, innovation, health-related research and community engagement activities are therefore part of their lawful public mandate.
She avers that Public Universities such as MUST also rely on competitive international research funding to support critical work in health, science, technology, innovation and community transformation.
“These collaborations and funding arrangements directly support Uganda’s development priorities and are ordinarily undertaken through approved institutional, ethical, regulatory and financial accountability frameworks.”
The VC said that broad regulatory requirements on engagement with foreign entities may unintentionally slow or constrain legitimate academic collaborations, even where such collaborations are undertaken transparently and within approved institutional and Government frameworks.
This observation stems from Clause 1 of the Bill, which defines an “agent of a foreigner” broadly, while Clause 2 extends the application of the Act to activities including
engagement with Government, funding arrangements and influencing public discourse.
According to Byakika, academic partnerships, joint research initiatives, consortia, technical cooperation, visiting scholar arrangements and staff and student exchanges are essential to knowledge generation, capacity building and institutional growth.
She ‘respectfully’ proposes that “the Bill clarifies that approved academic and research collaborations with foreign universities, development partners and recognised institutions shall not, by themselves, be treated as foreign agency or improper foreign influence.”
On the operational and Administrative Burden (Clauses 14 and 21-26), which provide for registration of agents of foreigners, and introduce requirements relating to declaration, restriction, reporting and submission of returns on foreign funding, Prof. Byakika said that these provisions may introduce additional administrative layers over activities that are already regulated through established legal and institutional frameworks and for MUST, this may increase administrative demands, divert resources from core academic and research functions, and affect the timeliness of project implementation and service delivery. It may also affect the predictability required for securing and managing research funding and partnerships.
“MUST proposes that the implementation of these provisions be harmonised with existing frameworks applicable to Public Universities, including the Public Finance Management Act, the Universities and Other Tertiary Institutions Act, University Council and Management approvals, Solicitor General clearance where applicable, research ethics approvals, Uganda National Council for Science and Technology requirements, procurement laws, data protection requirements, immigration requirements and donor accountability mechanisms.”
The VC contended that the definition and registration of agents of foreigners may create uncertainty as to whether Public University staff, researchers, students or project teams engaged in externally supported activities fall within this classification.
“For MUST, this may create ambiguity in roles, reporting lines, accountability frameworks and institutional governance, particularly where staff and students are engaged in legitimate research, innovation and academic programmes supported through external funding. This may also affect staff morale, recruitment and retention, especially for highly skilled personnel involved in specialised research programmes.” She informed Parliament
The University proposes that the Bill clarifies that Public University staff, researchers, students and institutional units acting in good faith within approved university, Government, ethical, regulatory and financial accountability frameworks shall not be subject to additional classification or compliance requirements solely on account of externally supported activities.
On Academic Freedom, Research and Policy Engagement (Clauses 7 and 8), which provide for the development and implementation of Government policy and restrict unauthorised involvement in these processes, Prof Byakika asserts that Public Universities play a critical role in generating evidence, conducting research and providing technical expertise to support national development.
She adds that Universities support the government through research, evidence generation, technical advice, policy studies, public health interventions, innovation and participation in Government-led consultations and these activities are complementary to the Government
functions and do not amount to the assumption of policy-making authority.
She proposes that the Bill clarifies that academic research, technical advice, evidence generation, scholarly dissemination and participation in Government-led consultations by public universities or recognised research institutions shall not be construed as unlawful development, implementation or interference with Government policy.
Prof. Byakika reiterated MUST’s full support for the objective of protecting Uganda’s sovereignty, saying that the University’s observations are intended to ‘ensure that the final legislation achieves this important national purpose while preserving lawful research, innovation, academic collaboration and public service activities that contribute to Uganda’s development agenda.”
“MUST remains ready to engage constructively with your office and other relevant stakeholders towards a balanced framework that protects national interests while preserving the vital role of public universities in research, innovation and human capital development.” She said
Promoted by the Ministry of Internal Affairs, the Sovereignty Bill promotes and seeks to protect Uganda’s sovereignty from foreign interference. It introduces a mandatory registration regime for any person acting as an “agent of a foreigner,” criminal prohibitions on a wide range of activities associated with foreign funding and influence; a requirement for prior Ministerial approval before receiving foreign financial support above UGX 400 million per year; stringent public reporting and disclosure obligations, and broad inspection and enforcement powers vested in the Ministry of Internal Affairs.