Good Choices = choicemob

I have a good friend (and predecessor to me in Uganda) who has created a new movement/website intended to shape global economic policy by directing people to use the power of consumer choice to encourage and demand ethical products and business practices.

Enter choicemob.

The simple principle of supply and demand are alive and well. Thus, as we speak with our purchasing choices, we direct market forces and companies to supply towards our demand. Free market competition can help drive business towards socially proactive and positive ends.

James Pearson has created choicemob for this purpose. Here is the mission statement:

"Turning global business to the work of our common values: Fairness, Compassion, and Respect for the Earth."

The link to the blog: http://choicemob.com/

The basic idea is to mobilize people to purchase from ethical companies to encourage other companies to follow suit with ethical practices and ethically produced products. Rather than scolding business for running sweat shops, destroying the environment to get there products, profiting through child labor, or committing other inhumane acts to produce and supply their products/services, the idea is to positively support the businesses who don't do that through consumer choice and buying products from companies that have good practices.

Which brings us to today: The first choicemob purchase rally is for a business called Better World Books. It sells used and new books to help literacy programs around the world and helps recycle books to reduce waste. I know many, if not most, of you out there are book lovers, so this should be an easy one. Please link to their site through the choicemob blog, or for you Facebookers out there you can join choicemob through that little social organism and go from there. This is not an edict that you have to buy from Better World Books today, or at all, but it is a request that those of you looking for books as gifts consider today as a good day to buy, because as the choicemob grows and creates a groundswell of purchasing power then the more businesses will stand up and notice and take action.

As there are billions upon billions of dollars spent within the next month, wouldn't it be great to get companies to recognize the demand of consumers for ethical and environmental standards in their products. Again, the founder, James Pearson, says it much better than I could:

"The choicemob community believes that business is changing our world, so we need to change business. By ‘mobbing’ socially proactive companies with sales and attention, we can make them the envy of their competitors and draw more companies into the practice of social values. The more we shift our buying to companies that uphold our common values, and the more noise we make about it, the more the business world will embrace Fairness, Compassion, and Respect for the Earth."

Have a wonderful day and happy hunting in the virtual bookstore of Better World Books.

Peace to you all.

John

"In the world of business and consumer retail, your wallet speaks louder than your mouth ever could."

The Place of the Little Birds (i.e. Bunyonyi)

Last weekend I went with a couple of friends to Lake Bunyonyi in the southwest of Uganda, right next to the Rwanda border, and spent a couple of days on an island (Bashara) in the middle of the lake.

Lake Bunyonyi at Sunrise
(yes, I did actually take this at sunrise)

View of Bashara Island from a canoe on the lake

Some absolutely incredible flora on the island.

There were an incredible amount and variety of birds on Bashara Island. They decided to join us for breakfast.

Another sunrise picture. The colors were intoxicating.

My friend and flatmate, Brett, poses with me on one of the many docks.

Here is what we affectionately named the "Party Dock" because it was beautiful and a lot of fun to swim at. (P.S. This picture was taken by my friend Alison.)

This is a picture of Prisoner Island. Apparently the locals used to banish people who did bad things to this tiny plot of land. The lower part is the end of the hollowed out canoe we were rolling in.

Lake Bunyonyi is a paradise and anyone heading to Uganda should take time to relax there. It is very economical and undeniably beautiful.


*All photos are copyright John M. Napier unless otherwise indicated.*

Article in The New Lawyer

There was a recent article written on me and the Pepperdine Law Nootbaar Fellowship program (i.e. what is funding my year here in Uganda) in a CA-based legal publication called the New Lawyer, a division of the Daily Journal. You can check it out at this link.

http://www.dailyjournal.com/newlawyer.cfm?show=NewLawyerStory&eid=906005&evid=1&scid=148280

The publication's name is apropos since I found out I passed the California Bar. More thanks are in order than I have time to write at the moment but thank you to everyone who has supported me and encouraged me over the past three years specifically, and some of you for my whole life. Once I return to the US and get a few more things in order I can be admitted into the California Bar. Happy day and what relief.

Deep Roots v. Blank Slate

I was talking with Brett Lovellette (my friend from law school who has joined me here in Uganda and is my flatmate, working for the second highest judge in all of Uganda, the Deputy Chief Justice) the other evening about what has frustrated me in trying to encourage the Ugandan legal community into mediation. We were discussing how in America it seems that if a good or better idea comes along that we adapt and and adopt, and there is a nimbleness inherent in the culture. And we discussed how here in Uganda it can be difficult when you appeal logically to someone how a way is better, for them, from your perspective, and they do not have any case to the contrary, but they still do not adopt it (insert ADR and Mediation here), how frustrating it can be.

And that gets to the realization that America is somewhat of a blank slate, and was founded as a blank slate. Not in the sense that history did not play a roll, or that most everything was borrowed from somewhere else. But regarding the expectancy and the relative lack of cultural roots that existed amongst the colonists (the American Indians are another matter entirely) the melting pot has allowed for a fresh start. The United States has had the luxury of taking a new idea, and innovation, and without cultural pretense implementing it. This is unique as to the rest of the world (cultural anthropologists can skewer me. . . now). Our democratic disposition, as a representative republic, was adapted and formulated from hundreds of years of political philosophy and bad examples. And as a new industry and a new way of doing things were presented, American culture, as a conglomeration of hundreds of other cultures, could adopt and adapt. This has also put us in a precarious position at this point in our history of being in danger of losing longevity, due to a lack of cohesive cultural roots. But what has allowed America to innovate and adapt was the relative blank slate upon which it was founded. Freedom, liberty, the pursuit of happiness had not been guaranteed to such an extent inherent in a political/cultural framework before.

Now, a country like Uganda, or pick nearly any country on earth--like Ethiopia for example, that has one of the longest enduring cultures anywhere--has a long history and deep cultural roots. While this can be changed, the tide of history is not easily turned, even if it looks to be easy on the surface. And so when new ideas come along, they must be superimposed and fit into the cultural framework that already exists. Therefore, it can be difficult for a culture that is of a relative blank slate (USA) to understand why some practices are not accepted and wholesale applied to a place that presumably could benefit greatly by the change. Whether it is mediation and ADR in Uganda, or democracy in the Middle East, cultural roots and the deep-seeded aspects of culture and history MUST be taken into account and considered in bringing ideas to these areas of the world. We cannot expect things that work in America to work the same way, and sometimes to work at all, in places that have completely different histories, completely different roots. This is not to dissuade spreading ideas that we believe and know are good and beneficial. But we must consider, contemplate, and take account of the depth of history and cultural differences that exist. I am all for democracy, I love being from the USA. But anyone who thinks that democracy as it is applied to the US will work the same way in Iraq or Afghanistan has never spent time in those areas or completely discounts cultural roots. And the same goes for mediation here in Uganda. I have had to tear myself out of certain assumptions of application, especially out of expectations of instant acceptance, no matter how much better or beneficial the idea is, without taking into consideration the long and hard work it takes to bring sea change into a deep-rooted culture. Democracy = good. Mediation = good. BUT if you do not consider the culture and its roots, the branch you try and graft on will be rejected and you will only have a maimed tree rather than a stronger one.

Now, having said all this, mediation is funny because it is rooted more deeply in African culture than anywhere else in the world (with the possible exception of the Middle East). So the real question is how to draw to the surface those roots that have existed, and been neglected, in the culture for many decades. When I have the answer to that one, I will let you know.

(If this entry has changed from the original posting it is because I have edited my grammatical errors and clarified a few points.)

Gorillas in the Mist

Just returned from a weekend trip to Rwanda. Suffice it to say that nearly 30 hours on buses (28 to be exact) was still worth the quick trip to visit a long-time friend in Kigali (thanks for the hospitality, Clay). I got into Kigali on Friday afternoon, Saturday took another bus to the town of Gisenyi in western Rwanda, on Lake Kivu, which is bordered by Goma, a town in the Democratic Republic of Congo, which we did NOT visit (though if I had, I probably would not put on the blog as it is not the most advisable--but I want that stamp in my passport), and then bussed back to Kigali that evening, then hopped the bus back to Kampala on Sunday at mid-day. Whew. I think US cross-country airplane rides will seem like nothing after all these bus trips. Unfortunately, as I only had a very short time in Kigali, I did not go to the impacting genocide memorial or Hotel Rwanda. But I did see the Hotel Rwanda from the street, and plan to visit both on my next visit, which will happen, to Kigali and Rwanda.

I have included some pictures from the trip. There is a huge, active volcano which is amazing (and unfortunately could not get good pictures of due to the bus ride), and we also passed the mountain range where Dian Fossey did her research on gorillas, that was later turned into the book / movie "Gorillas in the Mist." Rwanda is the land of a thousand hills, and it is beautiful. For all you backpackers, put Gisenyi on your list, because not only is it somewhat affordable, but it is beautiful.

Lake Kivu, Gisenyi, Rwanda

Land of a Thousand Hills

The aforementioned mist in which Gorillas reside.

*All photos are copyright John M. Napier unless otherwise indicated.*

Start of the Media Campaign

Below is a copy of a recent article/interview that was done with the Assistant Registrar for mediation in the Commercial Court, His Worship Henry Haduli. This is all part of a growing media campaign to make people in Uganda more aware of mediation and its benefits. As more of these articles and media outlets cover mediation here in Uganda, I will post them for you to see.



Daily Monitor
News | November 7, 2009

Commercial Court starts mediation

Lominda Afedraru

The High Court’s Commercial Division has developed a new system of resolving disputes through mediation and this has helped the Court reduce case back log. The Court’s Registrar in charge of mediation Mr Henry Haduli, talked to Saturday Monitor’s Lominda Afedraru about the success they are registering. Below are excerpts:

Most High Court divisions dispose off cases through litigation but the Commercial Court conducts its affairs differently by dispensing justice mainly through mediation, how does this system work?
Mediation at the Commercial Court started as a private pilot project with the Centre for Arbitration and Dispute Resolution (CADER) in 2003. This was basically intended to reduce case backlog and expedite the process of resolving disputes in our court system. We encourage people to settle disputes through mediation before a judicial officer. This has been quite successful because the parties don’t have to wait for long before their cases are settled.

If judges are not involved in this exercise, how are the agreements reached through mediation enforced?
The Rules at the Commercial Court state that every matter filed in court must go for mediation and when this fails, the matter is then referred for hearing before a Judge.

The Commercial Court come up with mediation rules of 2007 which provide that mediation shall be conducted by the registrar in charge of mediation, a qualified person recommended by CADER or a Judge of the Commercial Court.

The rules further provided that every person who conducts mediation shall comply with the code of ethics applicable and enforced by his or her mediation institution and where mediation is unsuccessful before a judge, he shall cease to handle the matter.

So what is involved in the process of mediation?
Mediation is the process by which a neutral person facilitates communication between parties involved in a dispute and assists them reach a mutually agreed resolution.

In such a case we would require teleconferencing facilities which we do not have now. Mr Haduli. PHOTO BY L. AFEDRARU

What is required here is to allow the parties speak for themselves. In mediation, the parties take ownership of the case because they do the negotiations and it puts the parties in control of their own case. The lawyers participate in the negotiations majorly to be consulted where necessary. With this system the mediator has to be a mutual person who looks at disputes objectively and manages the emotions of the parties. The mediator does not take decision but helps the parties to take their own decision. Here, both the poor and rich are treated equally and there are cases where one party has more authority over the other but it is the duty of the mediator to help the helpless speak at the same level with the party who assumes authority.

It is now six years since the Commercial Court has been practicing this system, what are the benefits of the system to a party who has come to seek redress in Court?
The mediation system has its positive sides which include among others- that it is time saving for both the litigant and the Court. It is less costly and it preserves the relationship between the parties since the matters are settled amicably. In mediation since parties take their own decision; there is no room for corruption.

Apart from this system being operational in commercially-related disputes, where else can Courts apply mediation?
Mediation is useful in matters of land dispute although the High Court land division has never taken up the system. However , there are ongoing consultations to ensure that mediation is introduced the High Court Land division. Mediation would also be useful for family disputes especially where parties are fighting over property and children. Mediation exercise is done in camera and that is why we don’t allow the press during the negotiations.

This seems to be a unique method of dispensing justice which requires special funding, who funds this exercise?
The programme is funded by the judiciary because it is part of the normal processes of adjudicating cases but where parties prefer to get independent mediators they pay for the costs.

You said the Commercial Court has since settled prominent cases involving lump sums of money through mediation, which are some of these cases?
Most cases filed by tax payers against Uganda Revenue Authority are settled through mediation.

Cases involving major banks here are beneficiaries of the mediation system . One outstanding case was that of Basajjabalaba against Uganda Development bank involving over Shs6 billion.We have attained 60 per cent disposal rate of cases through mediation and that is why we came up with the 2007 mediation rules which not only gives mandate to the registrar but even the judges to help parties resolve commercial disputes through mediation.

A legal consultant in this area , Mr John Nabaer has also been hired to assist the registrar in mediating over the cases.

What are some of the challenges court has experienced when implementing this system?
In Uganda and Africa in general, most lawyers are trained to litigate cases and they cherish in arguing cases in open Court.
But because in mediation the clients are left to speak and negotiate for themselves, the lawyers get frustrated. This has even led to some lawyers discouraging their clients from participating in mediation. At the Commercial Court which is a business-oriented court, most parties do not come for mediation since in most cases they are on business trips. Another serious challenge is that most businesses here are branches of multinational business where persons who take binding decisions are usually at the headquarters and therefore outside the country.

*All photos are copyright John M. Napier unless otherwise indicated.*

Skillet

Just for fun (and while I have a faster internet connection at the moment) here is a picture of the largest skillet I have ever seen in my life. And those meats cooked therein where delicacies. Amazing all the way around.


*All photos are copyright John M. Napier unless otherwise indicated.*

Posters

Here are the anti-corruption poster pictures. Sorry for the glare, but these are pictures taken in haste. Still very revealing.





*All photos are copyright John M. Napier unless otherwise indicated.*

Constitutional Conundrum

I had a very interesting discussion late last week with one of the judges here in the Commercial Court. Justice Kiryabwire and I were speaking about a decision before the Ugandan Constitutional Court and about how the decision should go. His encouragement to me was to get outside of my cultural mindset in looking at the issue, which is what I had been trying to do, and consider the issue from the Ugandan perspective. On that, he was just plain right.

While we were speaking, Justice Kiryabwire began speaking of how the Constitution needed to be dynamic and a living document, adaptable with each generation. Many of you lawyers or law students or Constitutional scholars, or just interested citizens, will recognize this language as buzz words in debates over the interpretation of our own Constitution. And regardless of which side of the fence you fall, it is interesting to hear from another country with a much different history and circumstances how they view their constitutional structure and purpose. Then the kicker came. Justice Kiryabwire went to an article in their constitution that codifies the "living/dynamic" nature of the document.

Article 126, titled Exercise of Judicial Power, says the following:

(1) Judicial power is derived from the people and shall be exercised by the courts established under this Constitution in the name of the people and in conformity with law and with the values, norms and aspirations of the people. (http://www.ugandaonlinelawlibrary.com/files/constitution/constitution_1995.pdf)


This falls under Chapter Eight of their constitution which deals with the Judiciary and Administration of justice.

Another interesting fact that helps understand this better is that in 1962 when Uganda gained independence, they formed a Constitution. Then in 1966 they tore up that Constitution and wrote a new one. The same thing happened in 1969. Then in 1995, which is the last constitution established and is the one ruling today, they tore up the 1969 constitution. It is like starting with a clean slate of sorts every time. But what that does, especially with such a relative short history of independence, is preclude even the possibility of attempting an "originalist" structure of interpretation. For example, they cannot look back 250 years ago and debate over what founding fathers meant over specific language and, for example, whether the intent was for only Congress to institute war or whether the power was left to the President as well.

We cannot say that we as the United States of America have not adapted our views over the years to appropriately change our view of the Constitution, either. If we had not, we would still own slaves and women would not be voting. So there are at least some elements of the Constitution being dynamic, or adaptable if you like that language better (even if one were to say that the inherent rights were always imbedded in the document, you could not necessarily say the Founding Fathers intended these rights to be implemented--since they owned slaves and did not allow women to vote--unless they were complete hypocrites or strict pragmatists, neither of which I believe is the case--but I must be careful, because much smarter constitutional scholars than myself have written on these things).

But was is so striking about the language of the document is that the judicial powers are derived from the people and must be exercised with conformity to the "values, norms, and aspirations of the people." The dangers that people usually site in the US against having a living constitutional framework is that having the masses decide norms all the time can inflict hardships on minorities, or the minorities can be too loud and overbearing and impose something upon the majority. And how does one determine the values, norms and aspirations of the people? And does "the people" mean 51%, a supermajority, a plurality? But with so many different tribes and people groups making up Uganda, how does the judiciary come their determinations? That is for another conversation with the judges, and for another post.

But for now, Uganda is dealing with the constitutionality of things such as Female Genital Mutilation and Bride Price. The former is hardly practices in Uganda (by only three tribes I believe), while the latter is almost universally practiced in one form or another by all tribes in Uganda. We will see how they come out and which one will be upheld and which will be struck down.

I would love to hear your thoughts on this. Coming to Uganda is such a broadening experience, and realizing that the living/dynamic view is inherent to their constitution is not only different from the US, but is a unique constitutional approach that I had not heard of before--so far as the language being inherent to the constitution itself. There is a completely different historical arc and foundation for the people here, and in its infancy (as it is still in many ways regarding independence) the system seems to be working well for the country.

So, there it is. The conundrum for me is more one of getting out of my own perspective, culture, and history to look at things a different way. But beyond that, what do you think of the structure and its sustainability for the future of Uganda?

Peace to you all.


*All photos are copyright John M. Napier unless otherwise indicated.*

Happy Independence Day and Congratulations

A belated Happy Independence Day to the country of Uganda. On 9 October 1962 the British flag was lowered in Kampala while the Ugandan flag was simultaneously raised signifying independence and marking a significant step towards the end of outright colonialism in Africa. I am proud to be serving the nation of Uganda and hope and pray that independence will be an ever deepening and actualized reality for all in the country.

There is a picture that I intend to post (this post is now a week old because of my picture uploading struggles) for a few of you that I had spoken to before leaving the US. I recall telling some of you about the posters they have in the courthouses here, and though they can seem humorous in the presentation, they are serious in their message. I was once tempted to laugh at these posters until I realized how much they are fighting against corruption in the courts and how they are pushing very hard to be free of corrupting influences and agents. As soon as I can get the upload function to work, I will post them.

With that in mind, I want to congratulate the Commercial Court of Uganda on winning the local Rotary Club's Clean Business Award for Corporate Social Responsibility, last Wednesday. This award highlights not only how the impact the Commercial Court is having, but how hard everyone in the court is working to provide justice for all Commercial Court users of Uganda. I hope to have a picture of the award up soon.


*All photos are copyright John M. Napier unless otherwise indicated.*

Radio Silence

My apologies to all for the radio silence. I have been in Ethiopia for a legal conference the last week and believe it or not the internet connection was even more sparse there than in Uganda. I have another post that I will put up hopefully today. Hope all is well with everyone.


*All photos are copyright John M. Napier unless otherwise indicated.*

Time to stop monkeying around

Here it is a month and a half into my appointment at the Commercial Court in Uganda and I don't feel any closer to getting things resolved or changing the legal culture to a favorable disposition towards mediation. It can be frustrating when 90% of the mediations you have scheduled get adjourned because one party did not show up, or attorneys showed up without clients, or no one shows up at all. On top of that, it is like nails on a chalk board at times when you do get into a mediation and the parties, on either or both sides, have no real interest in trying to resolve things. Then there are the rhinoceroses which take three to four mediation sessions at two to four hours per session to get progress. I have about four or five of these going right now trying to push them to resolution, but there is still a real possibility for most of them that they could end up in court.

I guess this is a bit of a venting and a bit of a rant to say: I wish the legal culture was more receptive here (because mediation and Alternative Dispute Resolution (ADR) has been present and practiced in Africa long before we ever heard about it in the West--it was the MO of Africa for centuries until they were taught litigation, and just like a pitbull, litigation mindset does not like to let go once it has taken hold); I also wish I was a better mediator. I guess there has to be some slack given, since I have had so few mediations, and really I have only referred two cases to court so far--everything else is still in progress. And my first week, I did--with Justice Kiryabwire's help of pushing it across the finish line--mediate a dispute that had been in the courts here for ten years. So, I guess things are not as bad as they seem, but they can be frustrating. But ultimately, I need to get down to business and stop monkeying around (i.e. stop trying to acclimate and focus on the work). Do not get the impression I have been doing nothing here--quite to the contrary. But it feels like there is a wall that needs to be broken through to start being more effective and efficient. So, that is the plan. And that plan is now public. Feel free to ask me how its going and what's happening, if you so desire. I came to Uganda wanting to change things and I will not leave until it is done. By the grace of God things will be changed for the better.

On the brighter side, I gave a lecture on structured mediation to cultural leaders and LC's (local councilmembers) in the north of Uganda yesterday, in a town called Lira, which was received very well. The presentation seemed to go well and was understood because the questions were very pointed and were incisive for the depth of presentation I gave. It was an honor to be able to present and I thank Dickson Ogwang of the Peace and Reconciliation Ministries based in Lira, as well as Sam Casey of Advocates International, for the invitation.

Three pictures are included: the first is of a monkey that was beside the road on the drive up, right as we crossed the Nile; the next one is of a baboon that I came across (there were several strolling by the road). The last picture is me giving the presentation (and I hope you appreciate this picture because for the past dozen years I have disliked any picture of myself--you can see I am looking a little too healthy). Thanks to my friend and driver, Daniel Ntende, for taking the picture of me lecturing yesterday.

Peace be upon you all.

*All photos are copyright John M. Napier unless otherwise indicated.*

History has never been so much fun

Below are photos taken by the rafting company Adrift. They are pictures of one of the funnest experiences of my life: whitewater rafting on the Nile river.

On the Nile, there are some of the most intense rapids anywhere in the world, including some Class 6 rapids, which rafts are not allowed to go over, only kayaks, and we were showed a couple of Class 6 rapids that people had died on. Some rapids have english names like Big Brother, the Widowmaker, the Other Place, and some have local names like Bijugali Falls. What it amounts to is an amazing day on one of the most historic rivers on planet Earth, with some intense rapids and beautiful scenery. At some points where the river is calm, they tell you to just jump in and swim around (except the areas they have seen crocodiles). It is quite surreal swimming in the Nile river realizing all the history that flows over, under and through you.

P.S. I think I look really funny in the helmet they provided. I am not too hard to pick out, but let's see if people can find me amidst all the whitewater.

All Quiet on the Eastern Front

Quick update:

Showdown on Saturday did not happen. The Kabaka (king) decided it was better to postpone the visit so that more people were not killed.

I don't think the issue is over or fully resolved, but for now life is back to normal in Kampala.


P.S. I went rafting on the Nile yesterday. One of the funnest experiences of my life. I hope to get some pictures and post them soon.


*All photos are copyright John M. Napier unless otherwise indicated.*

**News Flash. . .Man did not create death**

More riots today. I went to court, but most of the judges did not show and neither did any parties for my scheduled mediations, plus the court decided to close early, so I went home around Midday/Noon. There have been about 14 deaths the last two days, with the upheaval in the "downtown" area, called City Centre, and a few suburb areas, but not anywhere near where I am living (though they happened right next to where I was living when I first arrived (the picture on the first post is a picture overlooking the road where the main riots have been happening in the city)--glad I did not stay there long-term). Everything should be over at the end of tomorrow, most likely, unless political forces try to use the incident to escalate the protests/riots for longer.

**Once again, I AM SAFE and doing fine. No worries on my end.**

For a little context, there are two main papers here in Kampala. The New Vision is a government owned paper. Daily Monitor is more of an opposition paper. The Saturday editions come out late on Friday, and I picked up the Saturday Monitor which had a four-page article on the riots. There are many people blaming President Museveni (or M7 as some papers call him) for all the current debacle because of a lot of political moves gone awry, including calling him to task for the current deaths over the last two days. The President denies this and sees it as political rivals trying to blame him for cultural tensions.

The point here is a quote in the Saturday Monitor from the Presidential Spokesman Tamale Mirundi, in response to these allegations:


"God created death, not Museveni."

I think that is one of the greatest quotes I have ever read in a newspaper. A Presidential Spokesman said that, on the record. Leave aside the deeper theological implications of such a statement. A Presidential "press secretary" essentially blame shifted the current deaths to God in a public newspaper.

_______________ (this is me being speachless)


It looks like the King of Buganda (or Kabaka as he is known) is planning to make the move that the government is warning him not to make. Tomorrow is the showdown. OK Corral style.

A judge called me today to give me an update and said the court was closing and to go home. He jokingly asked if I wanted to mediate between President Museveni and Kabaka. I told him to throw my hat in the ring. You never know, maybe this could be an opportunity for me to "stand before kings," as the Proverb says.

More updates as I have them.


P.S. Thought I might as well share my cultural faux pas as well. On the way into court this morning I had some grapes. I offered them to my driver, Daniel, who took one. Then I offered them to my police escort, Ali (same person as yesterday). Oops. Its Ramadan. He is fasting. Doh. He was very nice about it though. Live and learn, right?


*All photos are copyright John M. Napier unless otherwise indicated.*

TIA = This is Africa = My First Whiff of Tear Gas and First Armed Escort

The saying TIA, or "This is Africa," is one of those phrases that becomes more and more relevant and fundamental each day I (or anyone) is in Africa. It is a term used when things go awry, go differently, or do not go at all, as they are planned on this continent.

**Warning: what I am about to report may upset some, especially family, and tempt them to anxiety. Please, please, please DO NOT worry. I am safe, there is no imminent danger to me, and everything is being handled appropriately by those in the court. I am taking appropriate precautions which is really going about a normal day, except leaving the court a little early today. Now back to your regularly scheduled program.**

Today, I had my first armed escort (a nice policeman named Ali, with AK-47 in tow--but that sounds way more dramatic than it is because even the security guards for grocery stores have AK's) and my first whiff of tear gas. Little bit of unrest in Kampala, but DO NOT worry, I am fine and not worried about any violence against me. Apparently, there is a king here from the Buganda tribe that holds a lot of sway, is greatly loved, and the President is preventing him from traveling to an area. Oh Uganda. As the traditional goes, the king moves from one area to another through the City Centre in Kampala for the purpose of a youth meeting where the king gives advice to young people, and as the "practice run" by one of the king's officials was being thwarted, young people, boda boda drivers (motorcycle taxis) and traders (those with the small shops and who sell goods in the street) decided to clash with police. And, I am learning, Uganda police pop tear gas like soda. As one official has told me multiple times, everything in Uganda is political.

The picture included is from my third floor office window. Not sure if you can make it out, but there is a haze of tear gas over the area in the picture. The wind carried it over towards us, but dissipated enough not to be abrasive. Interesting smell.


Will keep you updated as things happen. The President is to make a statement tonight that will help stem or fuel the tide. Hopefully he is wise. These types of situations were always possible, even as Uganda is one of the most stable nations in Africa.

Like I said: TIA.


*All photos are copyright John M. Napier unless otherwise indicated.*

Optimism, Pessimism, Realism, Don't Carism (also known under the colloquialism "apathy")

The distances between the above perspectives can wax or wane depending on your context and location, as well as the audience. Speaking with one person, you can get an overwhelming degree of optimism about a situation, and from another you can get a high dose of pessimism about the same situation, and then another will give a more tempered position on the exact same scenario. Meaning what? Meaning our perspectives our perspectives matter in how we do (and how hard we do) what we do. But does it change the outcome? That is a tough question. I have gotten all three perspectives on the mediation program that I am working with here in Kampala. And intuitively you would think that the optimist would be most effective, the pessimist least, and the realist somewhere in the middle. But perspectives don't fully dictate our effectiveness apparently, as the pessimist and realist in my case are the most effective (hard to determine which is more so) and the optimist is not ineffective, but is not as effective as the other two.

Why do I go into this? Really, I don't know. Isn't that what a blog is for, to blog up all your thoughts onto the interweb? Actually, this post is just a machination on how perspectives can affect the effect of your work. I go through each of these perspectives multiple times every day. But today, as I was getting a very healthy dose of the pessimism (who considered himself a realist), and he was still extremely effective, I began to wonder whether my initial optimism was serving me well. I want to come in an change the world, and convince all the lawyers in Uganda that mediation is a great idea and they should take it seriously and put forth a good effort and show up when they are scheduled and bring their clients so that mediation can actually take place with decision makers and not to argue like they were in court and to trust me as an impartial third party and think a little bit out of the box. And that is still my goal. But is it better to shoot for the moon, get frustrated and end up in apathy land, or to have lesser goals and see them achieved and be more satisfied and fulfilled and have greater stamina? The old proverb goes: How do you eat an elephant? One bite at a time. But what happens when the elephant is trying to eat you too? You run? You try to bullet in its peanut sized brain (please no PETA responses on this, it is a proverb and has no bearing on real animals--and it also is not advocating violence against humans--the elephant is the problem, people, the problem *Marx Brothers aside here, while the action pauses and Groucho turns to the camera to say: And there I go again, dying the death of a thousand qualifications. Such a pitiful little figure, these statements with their immense qualified statements behind them.*).

So the pessimist is incredibly effective, the optimist not nearly as much, and the realist sits in the balance. I guess my goal is to eat the elephant as much as possible over the next year. . . and not be afraid to crack off a couple of warning shots over its head to keep it in line. . . while I am eating it. Man, this metaphor is falling apart. Anyway, if you can make sense of my ramblings feel free to comment. Otherwise, flee.

If you want to comment, it would be interesting to hear where optimism has failed for you and succeeded, and what perspective you find most helpful. Like the horse of a different color in OZ, I turn multiple shades in a days ride. But I continue to be hopeful I can make a difference, realistic about the methods, and pessimistic about the ability to "fool" all the people all the time, i.e., it will never be the case that everyone is on board.

Enough. I am done. Comment or don't. Read or don't. Satirize or (please) don't. Make fun or else.

Peace to you all.

(This is my office where I think, progress through these perspectives daily, and take my tea--the white covered tray you see. Oh yeah, I do mediations in their as well.)

Heeerrrreee's. . . Kampala!

I have arrived.  My stay for one year in Uganda has officially begun, as of ten days ago.  After some trouble finding an internet connection, whether because of circumstances or because of compatibility issues on the technology front, I am finally up and running.  Another thing that should help immensely is there are three huge broadband lines that were run into East Africa going online any day now in Uganda--Kampala specifically.  

What am I doing in Africa for a year?  Most of you reading this probably already know, but in case you don't, I have just finished getting my Juris Doctor, along with a Masters in Dispute Resolution, from Pepperdine University School of Law, took the California Bar Exam this summer, and decided I should get out of dodge for a while.  Actually, the process for coming to Uganda started last November, and has materialized into a position with the Commercial Court of Uganda, which is a division of the High Court (court of first instance), as a court accredited mediator--with a few other projects and some clerking duty thrown in as well.  

To be honest, I am not sure what purpose this blog will serve, other than to give updates to the many people I wish to keep in contact with but unfortunately are too numerous to email or contact individually.  

As far as Uganda is concerned, suffice it to say that I like it here.  I am getting wonderful exposure and inundation into another culture, making new friends, acquiring amazing international law and mediation/peacemaking experience, and generally getting out of my comfort zone.  All of which fit into my long term plans of a career in international peacemaking. And the people of Uganda are incredibly warm and welcoming--except possibly for the lawyers, the jury is still out on them (though they are lawyers, and lawyers everywhere in the world I have been so far are, well, lawyers).   

So, to those of you who read and have interest: welcome.  You may learn some things, you may be entertained, and could possibly be offended, but hopefully you will come out better for spending your time here, just as I hope to be better for having written.  

Many thanks and acknowledgements are in order, but for now I am just hoping this post does not get erased before I can publish it.  

Enjoy. 

jmn