TERM LIMITS NOW!
What You Need to Know to Play Your Part!
The Story of Presidential Term Limits in Uganda
Public discussions have been dominated by an increasingly popular debate on the restoration of presidential term limits in Uganda. This popular demand can be traced to the constitution making process of the 1995 Constitution. The Odoki Commission after consulting Ugandans for 4 years recommended that presidential term limits are in our Constitution. A compelling argument then was that people wanted to see peaceful transition with their Presidents leaving office when they are still respected and loved by Ugandans, especially after bad experiences of coups, wars and violent overthrows in the past.
The discussion of and agreement over a two 5-Year terms in the 1995 Constitution of the Republic of Uganda was never a contentious issue during the CA debates.
On September 30th, 2005, 7th Parliament passed an amendment removing presidential term limits, amidst several citizen petitions and submissions written by various civil society groups. In 2009, during consultations to develop a Citizens’ Manifest, ordinary citizens again demanded for the restoration of presidential term limits in the constitution. And since the countrywide mobilisation led by the Citizens Action for the Restoration of Presidential term Limits was launched across the country, there is overwhelming national consensus in support of the restoration of presidential term limits.
So what convinced the 7th Parliament to go against the wishes of the majority of Ugandans?
Amongst the reasons that convinced them were:
1. That the Northern war was at a point where they believed strongly that only President Museveni had the capacity to lead the UPDF into defeating the LRA.
2. The fear that the NRM could easily lose election to the opposition if president Museveni was no longer the NRM flag bearer drove majority NRM parliamentarians to vote for the lifting of presidential terms limits to enable him contest the 2006 elections.
3. The belief that President Museveni would lead the country in a one off transition of 5 year term only after the constitutional amendment and would not offer himself in the next election thereafter. Proponents of this explanation seem to sincerely believe in president Museveni’s word at the Kyankwanzi meeting when he is reportedly told them that… "I am not here to stay forever in this office" and they could not imagine that General Museveni their much loved liberator could not keep his word.
4. Some MPs report that they had appreciated "the many very good programmes" that President Museveni planned to implement going forward and feared that a new leader may disrupt this "very good programme". These members argued then, that the President deserved some form of thank you gesture for the good work done and this would encourage him into leading a peaceful transition into the next new leadership.
5. To the ordinary citizens, the members of the 7th Parliament were "bribed" with Shs.5 Million each to vote for the motion to remove the presidential term limits.
Whatever reasons were provided for the removal of Presidential term limits, 7 years down the road, it is difficult to justify them anymore. President Museveni has since contested two more elections and there are signals that he is likely to contest in 2016. Consequently Parliament has lost the trust of the majority of the citizens of Uganda who are convinced about the narrative that parliamentarians were bribed with a mere UGX 5,000,000 to make such a regrettable decision so important on the present and the future of this country.
The Citizens Action for the Restoration of Presidential Term Limit gives the 9th Parliament an opportunity to not only redeem its public image, restore confidence in institutions, but also lay a foundation for peaceful transition. This would be their best jubilee gift to the nation!
EDITORIAL
Why this Document?
This write-up is intended to provide information on the debate on Presidential Term Limits in Uganda.
The primary target are MPs in the 9th Parliament in whom we trust to make a significant contribution in this debate.
A secondary audience is the reading public whose better appreciation of the debate can enable them play their part in actualizing what is ideal for Uganda in this critical point in our history.
In this ‘one-stop’ information resource, we present a history of the subject of term limits in Uganda, a justification for the need to reinstate Presidential Term Limits, a summary of citizen voices from recent consultations across the country, frequently asked questions and answers to them, a response to some of the arguments against term limits and finally what every citizen can and must do to support this citizen effort to transform leadership and governance in our country.
We hope you find this Resource Material useful, and that it will inspire you to play your part!
We support Term Limits
"The best present Museveni can give to Ugandans in 2016 is peacefully handing over power,"
CYPRIAN LWANGA KIZITO
Archbishop
"We ushered in a democracy to empower the people to express their will; so, it’s important to let the people decide on what they want,"
GENERAL ELLY TUMWINE
Former Army Commander
"The problem of Africa are leaders who rule for too long..."
H.E. YOWERI MUSEVENI
President of Uganda
"I support presidential term limits."
PROF. GILBERT BUKENYA
Former Vice President
In this regard we need to undo unlimited presidential terms and end the phenomenon of longevity in office
JOE OLOKA-ONYANGO
Professor of Law, Makerere University
"Do not wait until the people you lead tell you to leave… do not wait to be pushed out of office."
RT. REV. HENRY LUKE OROMBI
Former Archbishop of the Church of Uganda
‘Democracy can only be guaranteed in Uganda if leaders can change and are willing to change through maximum term limits.’
RITA ACIRO LAKOR
Executive Director, Uganda Women’s Network (UWONET).
"We don’t want it to be the norm that in Uganda once you become president you become president for life,"
GERALD KARUHANGA
MP Youth, Western Uganda
Term Limits Now!
What You Need to Know to Play Your Part!
2
Why Parliament should reinstate Presidential Term Limits NOW!
The demand for the restoration of presidential term limits is rooted in the 1995 Constitution making process. The act by the 7th Parliament in 2005 which passed an amendment to remove presidential term limits was therefore a betrayal of the nation in spite of several citizen petitions and submissions written by various civil society and regional groups. Since then various groups and initiatives have called on the Government to initiate a processes to review that amendment with a view to restoring presidential term limits. Notable among many others are: the African Peer Review Mechanism (APRM); Uganda Joint Christian Council (UJCC); the Citizens Manifesto, published in 2010; the Inter- Religious Council of Uganda (IRCU); the Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU); and many MPs in the 9th Parliament. That demand is even more urgent today, during Uganda’s Independence Jubilee Year. Below, 10 reasons are given for the reinstatement of Presidential Term Limits:
1. Lifting Presidential Term Limits was a mistake!
Even for those who had good intentions in voting for the removal of presidential term limits in 2005, now in hindsight admit that it was a mistake.
2. Restoring Confidence in our Constitution and governance Institutions:
Presidential term limits will restore the sanctity of the 1995 Constitution.
3. Ensuring that the transition from one President to the next is peaceful:
Uganda has an unenviable record where none of our ex-presidents lives happily to hand leadership to another. The restoration of presidential term limits in our constitution will present an incredible opportunity to President Museveni and all future Presidents to hand over power peacefully.
4. Implementing People’s Will
: By responding to the calls to restore presidential term limits, Parliament will have discharged its ultimate role as the vanguard of the constitution and the will of the people in accordance with Article 1 of the Constitution, which states that "… power belongs to the people..."
5. Mitigate Regime Longevity
: Restoration of presidential term limits will institute controls against the adverse effects of overstaying in power.
6. Building and Strengthening Institutions:
For a fragile state like Uganda with weak institutions, presidential term limits will institute the much needed constitutional guarantee against the consolidation of personal rule and patronage politics in the face of poverty and a relatively weak citizenry.
7. Instilling Political Discipline and Stability
.
8. Achieve Harmony in the East African Community and ensure progress towards political integration:
The lack of presidential term limits in Uganda has emerged as a significant factor, eroding trust about its intentions and role in political integration. All other four EAC partner states have presidential term limits.
9. Pave way for other Electoral Reforms, working toward free and fair 2016 General Elections:
One of the challenges in ensuring free and fair elections is the stampede for reforms of several electoral laws during the last year towards General Elections. Restoration of term limits will pave way for other reforms to ensure free and fair elections.
10. Remove political uncertainty:
Restoration of presidential term limits will address the current dilemma and ambiguity over succession.
Presidential Term Limits in Africa
Efforts to embed presidential term limits have seen successes in Africa with over 36 nations instituting it. Some leaders like Isaias Afewerki of Eritrea, another ‘liberator’, have completely defied democratic convention and never even conducted national elections in his country since 1993.
This singular factor marks a clear departure from past acts of blatant impunity by some African leaders. In fact, the very observation that these leaders restricted their political maneuvers within the narrow confines of their respective constitutions is in itself a positive sign of a growing sense of constitutionalism amongst some African leaders - a continental plus.
Fredrick Chiluba of Zambia (born 1943), Bakili Muluzi of Malawi (born 1943), Olusegun Obasanjo of Nigeria (born 1937) and Abdoulaye Wade of Senegal (born 1926) tried and failed to expunge term limits from their constitutions. The four leaders subsequently retired and lived peacefully within their respective nations. Notably their failure to remove term limit clauses was occasioned by the joint intervention of civil society, media and political parties. Paul Biya of Cameroon (born 1933) is trying but still unsuccessful.
Nations with no term limits in Africa can hardly be referred to as democratic in spite engaging in the ritual of elections. In a practical sense it is possible to have elections without democracy. In contemporary Africa, the following countries continue to claim and believe that they embrace electoral democracy but without term limits: Somalia, Swaziland, Gambia, Morocco, Lesotho, Libya, Burkina Faso, Guinea Bissau, Mali, Sudan, Southern Sudan and of course Uganda. From a bird’s eye view, certain clear points connect the nations. To varying levels these include accusations of police brutality, disregard for human rights, the presence of mineral resources and every one of these nations has recently faced one form or another of civil turbulence. As for Guinea Bissau and Mali, both have recently been rocked by military coup-de-tats while Libya has had a violent overthrow of its long time leader-Muammar Gaddafi.
By and large, with the exception of monarchical Swaziland, the current leaders of these nations- like their colleagues who removed term limits - all share one revealing characteristic - all assumed power through the barrel of the gun or have co-opted the military into civilian governance to enable their continued stay in power. Uganda’s experience provides enough cause to examine whether the mode of how leaders ascend to power could influence the manner in which they summarily exit office.
We stand as a country to gain with the reinstatement of Presidential Term Limits in our Constitution.
WE SUPPORT TERM LIMITS
"The restoration of presidential term limits is a critical step that should be taken in order to ensure that the country does not continue to slide in its leadership and governance."
BISHOP DR. ZAC NIRINGIYE
Since independence, Uganda has only seen change of government through armed struggle. Presidential term limits are an important governance tool; we need to start a culture of peaceful presidential succesion. Our elections, though regular, have not met the expected free and fair standard.
HON. MARY MUGENYI,
Former MP, Minister of State and PAP Representative for Uganda
"Those who amended the Constitution six years ago did a "disservice" to the country. We wish to remind government that propaganda against civil society activities is not a solution to the current crises in the country."
RICHARD SSEWAKIRYANGA Executive Director, Uganda NGO Forum
"If the Parliament had stuck to their principles and refused to change the constitution regarding term-limits, that would have been an important landmark in defence of constitutionalism important landmark."
MAJ. (RTD) JOHN KAZOORA
"The restoration of term limits in and of itself will not address Uganda’s democracy deficit but it would be an important collective admission that Parliament was wrong to change the Constitution for the benefit of an individual."
DR. PETER G. MWESIGE, Executive Director, African Centre for Media Excellence.
"…the review of the constitution to remove term limits was one of the simplest but most regrettable mistakes by the 7th Parliament. The 9th Parliament has the opportunity to reverse this mistake"
MR. GODBER TUMUSHABE Executive Director, Acode
Reinstatement of Presidential Term Limits in our Constitution is not a request of a few; it is a demand of the majority of the citizens of Uganda. This is the number one electoral reform demand under the
Citizens’ Electoral Reform Agenda, 2011. CRISPY KAHERU
Project Coordinator - Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU)
The National Pulse: Ugandans continue to yearn for Presidential Term Limits
Two decades after Ugandans were consulted by the Odoki Commission in the Constitution Making Process and pronounced themselves on the need for term limits for the president, today that view is even stronger. This was confirmed in wide consultations by the Citizens Action for Restoration of Presidential Term limits who since March have conducted over 60 Consultative Meetings, Public Dialogues, a series of Radio and TV Talk Shows, and Press Conferences across the country, with a direct reach of 100,000 and millions of Ugandans indirectly. Despite being lifted by the 7th Parliament before they were even tested, Presidential Term Limits remain a fundamental building block for democracy in this country. Afrobarometer polls since 2008 consistently indicate that over 66% of Ugandans support the reinstatement of term limits, with the most recent poll in 2012 putting that figure even much higher!
Across the country, and from all these engagements, we have seen countless leaders from all disciplines take sides with ordinary citizens in a popular demand for term limits for the president. Politicians from both the ruling and opposition parties have openly pronounced their resolve to support this noble cause. Members of the 7th Parliament both retired and incumbents have not shied away either; and some announced their regret for having removed presidential term limits and committed their total support to have them reinstated.
In some of these engagements, across the country, citizens have challenged their Members of Parliament to pronounce their support for Presidential Term Limits and those that have appeared to have a different view have struggled to explain why? When Woman Member of Parliament for Sheema County, Hon. Beatrice Nyakikongoro for instance tried to persuade Citizens at a Citizen Leaders Debate in Ishaka town from discussing Presidential term limits, which she described as politicking, she was challenged by her voters. A Citizen is quoted asking her:
"Honourable, you have told us when not to talk about term limits and concentrate on development…why don’t you also tell us when the right time to talk about term limits is?"
A Number of MPs who failed to turn up for these debates have had their phones flooded with text messages and phone calls from their voters seeking to get an explanation for their absence, which has forced them to go on air and apologize, while pronouncing their support for the cause.
Diverse People and Disciplines: One message - ‘Restore Presidential Term Limits’
From discussions across the country, the dominant view points to the urgent need for Presidential Term Limits to be restored to guarantee peace, stability and democratic progress. A Youth in Western Uganda observed:
"…the lack of presidential term limits has caused ‘traffic jam’ in the employment sector, reducing chances for the younger generation to govern and thus limited opportunities …"
In his view, restoring presidential term limits will encourage people to retire early, and restore hope for the 83% unemployed youth in Uganda.
A Retired Bishop from the Anglican Faith in Bunyoro region noted:
"… anybody who has this country at heart should support the restoration of Presidential Term Limits... even Jesus Christ, the son of God had a particular term to serve on earth and later had to leave and continue with his mission in heaven…Accordingly, any right thinking Ugandan should support this Godly cause that promotes peace and freedom..."
To an Anti Corruption Activist in Sebei, lack of Presidential Term Limits perpetuates corruption. He observed:
"…term limits were removed in a fraudulent manner, to favor individuals and not in national interest…and in the seven years that Uganda has not had term limits, corruption levels have risen, mainly because the establishment is preoccupied with amassing wealth and buying people to vote for them, instead of serving the nation…what is more corrupt than this?"
This debate has also drawn in the support of the ruling elite, from both National and grassroots levels. Despite receiving ‘orders from above’ to stop some of the debates that the Citizens Action team has organized across the country, many RDCs have turned up for these important debates and surprisingly encouraged this campaign as noble and important for this country. An RDC in TESO had this to say:
"…the reinstatement of Presidential Term Limits will protect the gains that the NRM Government has been able to garner in the past 27 years of its diligent service to the country. What is nobler about it is the fact that it is not pushing for any individual desire but rather a national cause…"
This view is later re-echoed by an LCV Chairperson and NRM District Chairperson of Mbale District who advised:
"…Term Limits should not even be debated but simply agreed upon and implemented... Term Limits are our thing, MPs should simply go ahead, reinstate them and this time round entrench them in such a manner that they cannot be tampered with by Parliaments and Governments that will follow..."
The President of Uganda may in fact be on the side of the majority voices in Uganda appreciating the importance of Presidential Terms Limits. Although he has often referred to proponents of presidential term limits as being diversionary, he seems to suggest that it is the timing, rather than its essence that appears to be the problem! During a Press Conference at his Rwakitura home in September 2012, he is quoted saying:
"…now is the not the time to talk about Presidential Term Limits but rather concentrate on other developmental things…"
Frequently Asked Questions (FAQs)!
Q1. Is the restoration of Term Limits targeting President Museveni?
Not really, but its passage would impact upon any plans for him to stand again in 2016 because president would have served 30 years and 4 terms by then.
Q2. Do we need a referendum for the restoration of term limits?
A referendum is one option, but it is not necessary in this case because Ugandans have clearly spoken on this matter since the time of the constitution making process. We needn’t spend billions of tax-payers money on it when there are other cost effective ways of delivering it, i.e Parliament
Q3. How do we expect Parliament that removed the term limits to be one to restore it?
The 9th Parliament has the opportunity to redeem the institution’s image and make Ugandans once again believe in the institution and we believe the current MPs can and will deliver.
Q4. Why not just leave voters to decide the President’s fate in an election?
Elections on their own cannot deliver a peaceful transition and Uganda’s experience is testimony. President Yoweri Museveni and the NRA went to the bush in 1980 to contest rigged elections. The uprisings in Tunisia and Egypt were a year after Ben Ali and Mubarak had ostensibly won the elections by a landslide of 93% and 85% respectively.
Q5. Who is really behind this campaign?
Ordinary citizens, including those working with civil society organisations and religious institutions under the Citizen Action for the Restoration of Presidential Term limits. You too can be part!
Q6. Why then don’t we demand term limits for all leadership positions?
The insistence on the presidency is because only the President holds unrivalled and enormous EXECUTIVE powers that all other leadership positions do not. Moreover, it is the only office for which citizens demanded term limits during the Odoki Commission Consultations.
Q7. Will the restoration of Term Limits grant President Museveni more 10 years?
NO! This is the beginning of a process of legal and institutional restriction to how long an individual can occupy the presidency.
Q8. But what can an ordinary citizen do in this campaign?
Write, call or sms your member of parliament demanding that he/she supports and votes for the restoration of presidential term limits. You can also contribute by speaking in support of the campaign to 10 other Ugandans and ask them to do the same.What You Need to Know to Play Your Part! 4 Term Limits Now!
Is the debate about Presidential Term Limits Diversionary? Some arguments against Term Limits and a Response
Some leaders have argued against the priority and urgency of restoring presidential term limits in the Constitution this Jubilee Year. Notably that:
1. Elections are in themselves enough:
Although regular elections are an attribute of democracy, they in themselves do not provide for certainty in peaceful leadership transition especially when the elections are contested. We must always remember that the Luweero Triangle Bush war was in response to the contested 1980 elections.
2. Term limits debate is diversionary:
Proponents of this line of thought contend that Ugandans should now be focusing on development until 2015/16 when the next electoral cycle will then come to the fore of the political agenda for public debate. Consensus from both sides of the political divide is that Uganda’s development agenda is in jeopardy because of the current uncertainty over leadership transition. Restoring presidential term limits will address the urgent question of peaceful transition of leadership thereby creating an enabling environment for national development. The restoration of term limits is an important step in creating an environment in which to deal with other governance and development challenges.
3. Some of the strong democracies in the Global West don’t have term limits:
This argument conveniently ignores the fact that the majority of these are fully functional Parliamentary Democracies as opposed to Presidential, notably Israel that is often quoted. Moreover, all these parliamentary democracies have in the last 27 years successfully and peacefully changed political leadership at least 4 times.
An Appeal to Members of the 9th Parliament!
Dear Hon. Member of Parliament,
We appeal to you to listen to the voices of millions of Ugandans who have consistently pronounced themselves on the need for Presidential Term Limits.
We are strongly convinced that presidential term limits is a fundamental building block in our struggle to develop our country into a stable democracy and a prosperous economy in people leaving in harmony with other citizens within the East African Community and Africa.
Traversing this country from east to west, north to south; from the plains of Bunyoro and Toro to Teso and Busoga, the beautiful lands of Acholi and Lango to the undulating hills of Ankole and the volcanic mountains of Kigezi, countless citizens and leaders in town halls, community grounds and public offices across the country agree that the removal of Presidential Term Limits from the constitution was a mistake by the 7th Parliament. The desire for a peaceful country is evident in the voices and eyes of our people across this country.
During consultations on the subject across the country, we have confirmed that our demand as a people to have a stable country build around a predictable political transition process is true now as it was then at the time of promulgating the constitution in 1995. We have also been inspired by the individual and collective commitment by the people of Uganda to make the next 50 years of our independence a Ugandan promise. A promise of stability, respect for human dignity, and social justice.
We particularly recognize our Members of Parliament who have heard the voices of the citizens across the country and have joined this campaign. We promise our unyielding support and commitment to continue with this campaign until presidential term limits are restored in the constitution.
We call upon each one of you Members of Parliament to offer leadership and commit to ensure that the unfortunate decision that the 7th parliament took on September 30, 2005 is reversed.
After 50 Years, we should be courageous to let go of the past and forgive every MP that voted to lift presidential term limits in the 7th Parliament and move together as a country. The opportunity is now for you to go into our history books, to be rewritten for standing for your country, standing for right and reason and believing that your action will leave a legacy for generations to come.
Listen to the calls of your people and reinstate presidential term limits. This time, go much further and entrench this principle in such a way that it will not be tampered with by subsequent Parliaments, Leaders and Governments that will follow!
What every citizen should do to ensure Presidential Term Limits are restored in our Constitution!
Success of this campaign is the start of process of a guarantee peace in our politics!
If you love Uganda and want to see a peaceful transition and a future of peaceful development and prosperity in Uganda you must be part of this campaign to Restore Presidential Term Limits in Uganda constitution.
It is a very important undertaking that every Ugandan who genuinely cares for this country must give their support. Some Members of Parliament have joined in the efforts and are preparing a Private Members Bill to be tabled before Parliament, and which when passed will reinstate term limits in our Constitution.
Under article 1 on the Uganda 1995 constitution, "Power belongs to the People" and it is the right and responsibility of every citizen of Uganda to defend the constitution. Your Member of Parliament requires your support in this land mark effort. Below are some of the actions you can legally and responsibly take as a Ugandan citizen to support your MPs:
1. Understand the importance of history.
2. Support your MP to vote to restore Presidential Term Limits.
3. Tell your MP that their re-election will depend on how they listen you.
4. Spread the word!
We shall prevail with the modest, but vital action by everyone in this campaign. It is our collective duty to build a peaceful and prosperous Uganda with happy people!
WE SUPPORT TERM LIMITS!
"There is no way the country will witness peaceful transfer of power unless term limits are restored."
DR. MIRIA MATEMBE, For mer MP, Minister and a Women Rights Activist
"If it is democracy, let us practise it on principle. . . actually, this is the time to discuss some of the issues affecting our democracy. . . [For example,] the issue of term limits should be discussed by Parliament and, by the way, even within the [NRM] party." M
AJ. GEN. JIM MUHWEZI, MP, Rujumbura County
Term limits will calm the restless and give hope to the disillusioned, for all will know there is a chance for transition even with a fraud ridden election.
ARTHUR LAROK, Country Director – Actionaid Uganda
It is time for members of parliament to show Ugandans who is their primary constituency – the people or the president. They have the power to vote for presidential term limits or to give Ugandans life presidency again. Imperial presidency reverses all the gains in services, human rights, dignity, development. If you are committed to building a united, peaceful, prosperous Uganda for all citizens restore presidential term limits.
HON. IRENE OVONJI, Chairperson Actionaid International and Former Member of EALA
"I wish we could also revisit our Constitution and restore term-limits. The Americans know that President Obama is going to serve his last term. Even those who did not vote for him can wait for four years unlike here where you don’t know when the President you don’t like will go." HON
WINNIE KIIZA Opposition Chief Whip | Centre for Constitutional Governance (CCG) |
