REPORT OF THE NATIONAL CONFERENCE ON THE CONSTITUTION - TAKING STOCK OF 18 YEARS - WHERE ARE WE?

THEME “ TAKING STOCK OF 18 YEARS OF THE 1995 CONSTITUTION – WHERE ARE WE?”
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
REPORT NATIONAL CONFERENCE ON THE CONSTITUTION N
THEME “TAKING STOCK OF 18 YEARS OF THE 199 5
CONSTITUTION-WHERE ARE WE?’’
President Museveni receiving the 1995 Constitution from the Late Hon Wapakabulo during the
promulgation of the Constitution on 8th Oct 1995. This picture was the symbol of the National
Conference on the Constitution as citizens took stock of Uganda’s 18 years of this Constitution.
Held on 6th December 2013, at Imperial Royale Hotel
Kampala-Uganda
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REPORT ON NATIONAL CONFERENCE ON THE CONSTITUTION
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
CONTENTS
Acknowledgement………………………………………………………………………………...……2
Opening Remarks (by Mr. Okwiri Rabwoni).……………………………………………………..…...3
Official Opening (by Hon Fred Ruhindi)……………………………………………………………….4
Key Note Presentation (by Prof J.Jean Barya)……….………………………………………………...6
Thematic area Presentations and Recommendations
- Human Rights by Mr. Busingye Kabumba………………………………………………….....9
- Multiparty System in Uganda by Dr. Julius Kiiza…………………….…………………..…...9
- Electoral Reforms by Hon Lydia Wanyoto Mutende……………………………………….....10
- Functioning of Separation of Powers by Hon Dr. Miria Matembe…………………………....11
Awarding the winner of the Inter Universities Essay Competition on Uganda’s Constitutional
Journey.………………………………..….............................................................................................14
Communique…………………………………………………………………………………………...15
Closing Remarks (by Rt. Hon Rebbeca Kadaga).....…………………………………………………...16
Key Action Areas…………………………………………………………………………………...…..17
Pictorial Coverage……………………………………………………………………………………...17
Annexes
Annex 1 Media Coverage……………………………………………………………………………....20
Annex 2- Presentation on the Doctrine of Separation of Powers……………………………………....22
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THEME “ TAKING STOCK OF 18 YEARS OF THE 1995 CONSTITUTION – WHERE ARE WE?”
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
Acknowledgement
This Conference was organized to provide a non-partisan platform to Ugandans for
systematic engagement on the functioning and review of the 1995 Constitution of the
Republic of Uganda, since its promulgation 18 years ago. The Conference’s major aim was to
create a national dialogue and consensus on key governance issues in Uganda today, the function
of the different arms of government; the nature and type of multiparty system in Uganda; the
restoration of term limits, electoral reforms, and Uganda’s human rights record, among others.
This was the first civil society led National Conference on the Constitution in Uganda and
it’s expected that this Conference process will result into people centered constitutional
reforms that can help advance Uganda’s governance journey towards true constitutionalism.
I wish to recognize the tireless efforts of the Conference’s Organizing Committee
Members: Ms Sarah Bireete – The Director of Programmes – CCG;
Mr. Patrick Tumwine – Advocacy Team Leader – HURINET; Mr. Dickens
Kamugisha CEO – AFIEGO and Mr. Job Kijja – Coordinator, Citizens Mobilization
Programme, and National NGO Forum. The creativity, mobilization skills and hard
work of this team made the first Conference a success. I thank you for your efforts.
I wish also to thank the Ministry of Justice and Constitutional Affairs, the Office of the
Speaker of Parliament of the Republic of Uganda and our Partners for the Constitutional Literacy
Programme – Christian Aid. This conference would not have happened without your support.
Lastly, I wish to thank my colleagues: Mr. Richard Sewakiryanga – the
Executive Director, National NGO Forum; Mr. Mohammed Ndifuna- the
Executive Director, HURINET (U) and Mr. Dickens Kamugisha – the Executive
Director for the African Institute on Oil Governance (AFIEGO) for joining us and
together pooling resources and strategies to make this First Conference a success.
For God and My Country,
Okwiri Rabwoni
Executive Director
Center for Constitutional Governance (CCG)
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REPORT ON NATIONAL CONFERENCE ON THE CONSTITUTION
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
Opening Session: Chaired by Mr. Richard Ssewakiryanga, the Executive
Director for the National NGO Forum
Mr. Sewakiryanga welcomed all the participants and introduced the panel of experts that facilitated
the First Ever National Conference on the Constitution as Prof J.Jean Barya, a Law Don
from Makerere University; Hon Dr. Miria Matembe, a Constitutional Expert; Hon Lydia Wanyoto
Mutende, a Senior NRM Official; Dr. Julius Kiiza, a Political Science Don from Makerere University
and Mr. Busingye Kabumba – a Constitutional Law Lecturer from Makerere University.
Morning Conference Panel: Mr. Okwiri Rabwoni, Executive Director – CCG; Dr. Kiiza Julius-Political
Science Don, Makerere University; Mr. Richard Ssewakiryanga, Executive
Director, National NGO Forum; Prof J.J Barya- Law Don, Makerere University;
Mr. Busingye Kabumba, Constitutional Expert,Makerere University; Hon Dr. Miria
Matembe, Constitutional Expert and Hon Lydia Wanyonto Mutende, Senior NRM Official.
Opening Remarks by Maj (Rtd) Okwiri Rabwoni, the Executive Director –
Center for Constitutional Governance (CCG)
Mr. Rabwoni thanked the representatives of Government officials, Political
Parties, Civil Society fraternity, Universities, Media, all delegates and the fellow organizers
(CCG, AFIEGO, HURINET & NGO FORUM) of the Conference, for having
made the Conference a success. He specifically thanked the CSO fraternity, the political
parties and sections of the media that have kept the debate on constitutional governance alive.
He stated that the conference was timely because “we have this strange situation in
Uganda, where politics is played in the courts of law and public interest litigation inundates the
business of the constitutional court.” He introduced the Conference objectives as: generating
National Consensus on Electoral Reforms; critically reviewing Uganda’s Human Rights record;
appraising the doctrine of Separation of Powers and discussing Uganda’s Multi – Party politics.
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THEME “ TAKING STOCK OF 18 YEARS OF THE 1995 CONSTITUTION – WHERE ARE WE?”
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
Mr. Okwiri Rabwoni, The Executive Director for Center for Constitutional Governance (CCG) making
opening remarks during the Conference
He stated that the organizers hoped that the contemporary challenges in defending the principle of
separation of powers and institutionalized governance would be debated to a logical conclusion, as well as the
dynamics of the struggles within the organs of the state and the relationship between the state and civil society.
He further stated that modern constitutions are homes for minority rights and voices and constitutionalism is an
instrument of liberation and modernization as it guarantees:
• Peace and stability.
• Domestic and foreign investment
• Institutional growth
• Civic competence through a vibrant civil society.
• International respectability and regional peace.
He concluded by calling upon all the delegates to make the conference a place for building bridges between the state,
political parties and civil society in the run up to the 2016 General Elections.
Official Opening by Frederick Ruhindi, Deputy Attorney General & Minister of Justice and Constitutional Affairs:
Hon Fred Ruhindi- Minister of State for Justice and Constitutional Affairs, also Deputy Attorney General – speaking
during the Official Opening of the National Conference on the Constitution at Imperial Royale Hotel, Kampala
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REPORT ON NATIONAL CONFERENCE ON THE CONSTITUTION
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
The Minister stated that the National Conference
on the Constitution should have been convened by
Government, but nonetheless, applauded the civil
society organizations for the efforts. He further stated
that the purpose of this conference which takes stock of
our constitutional journey as a nation will reflect on the
constitutional achievements, challenges and contribute
in the generation of consensus on the way forward for
Uganda in building constitutionalism and constitutional
governance particularly a head of the 2016 general
elections.
The constitution of the republic of Uganda was
promulgated on the 8th day of October 1995, by
the constituency assembly replacing the 1967
constitution. So far three national elections moreover
consecutive ones have been held under this
constitution, this is so far a land mark achievement for
this constitution compared to the other previous ones.
“Regarding the theme, let us define our terms. “A constitution
is defined in the black’s law dictionary 9th
edition page 353 as the fundamental and organic role
of a nation or state that establishes the institutions
and apparatus of government, determines the scope
of governmental sovereign powers and guarantees
individual civil rights and liberties. It is the written
instrument embodying this fundamental law
together with any formal amendment.
Constitutionalism on the other hand is defined among
others by the oxford advanced learners dictionary the
national student’s edition new 8th edition page
311 to mean, a belief in the constitutional government.
Indeed it goes without saying that a belief
in constitutional government is a perquisite
for every nation, this is the normative culture
we must continue to build” Hon Ruhindi stated.
The promulgation of the 1995 constitution is the
value addition in the growth and transformation of
our country. Tribute is paid to the leadership of the
country and everyone living an end for whatever
positive mark they made to Uganda’s constitutional
history that has resulted in this growth and transformation.
Uganda is endowed with a well written constitution
whose provisions other nations have found worthy
to borrow from the importance of chapter Four on
the protection and promotion of fundamental and
other human rights and freedoms. Important to add
is the general limitation on the enjoyment of these
fundamental and other human rights and freedoms in
Article 43 in that when enjoying these rights and freedoms,
no person shall infringe on the fundamental and other
human rights and freedoms of others for public interest.
The Minister noted that the Conference will be
discussing the independence of the institutions that have been
created under our constitution, the Judiciary, IGG, DPP
among others and cautioned the participants to bear in mind
that independence is not a shield against accountability.
He appreciated and re-echoed the specific
objectives of this conference which are;
• Putting electoral reforms on the national agenda in
generating national consensus ahead of 2016 general
elections.
• Critically reviewing Uganda’s human rights record
and make provisions for improvement.
• Uprising the functioning of different arms of the
government in view of the independence.
• Providing a national platform for discussing
Uganda’s multi-party politics and the way forward.
These objectives will be deliberated upon on looking
upon the four thematic areas of this workshop and these
include; Human rights, Electoral reforms, Implementation
of separation of power and Multi-party system in Uganda.
Government and other stake holders have been discussing
constitutional and electoral reforms and its hoped that the
recommendations will help further to inform this process.
The Minister assured the participants that Cabinet will soon
discuss proposals on constitutional and electoral reforms
and called for early contributions in setting the agenda.
He argued the organizers and participants of the conference
to arrive at the needed recommendations that we
should be considered and assured them that they have a
partner in the Ministry of Justice and Constitutional Affairs.
He concluded by stating that “even when the sky is heavy
with clouds, the sun will not have disappeared; it will
be on the other side of the cloud. There is always hope,
we should always be positive in whatever we do and
to me a wise person is that person who learns from the
mistakes of others. The saying we learn from our
experiences is for fools, a wise person learns from the
experiences of others, without making the unnecessary
mistakes”.
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THEME “ TAKING STOCK OF 18 YEARS OF THE 1995 CONSTITUTION – WHERE ARE WE?”
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
Key Note Address by Prof John Jean Barya, Law Don, Makerere University
Prof John Jean Barya from Makerere University delivering the Key Note Address during the Conference
Prof Barya’s presentation was based on the theme
of the Conference and titled: “Constitutionalism
in Uganda: Taking Stock of the Challenges
and Achievements of the 1995 Constitution”
Many, if not all African countries have Constitutions.
It is one thing to have a Constitution; it is another
to practice Constitutionalism. This is the question
that was deliberated upon in the Key Note Address.
Constitutionalism presupposes three things:
i) A belief in the Constitution by many political
parties and political leaders. If the main political actors
do not believe in Constitutionalism, you may have a constitution
as a mere document with no constitutionalism;
ii) Recognition of its importance by the main actors
in the citizenry or population. If the Constitution
is of relevance to a few people in the capital, in the
political parties or academia; then you cannot have
constitutionalism where there is no minimum consciousness
by major actors amongst the population.
iii) Presence of organized political forces that are not
only interested in constitutionalism but are ready to defend it.
Once you don’t have the above three elements, you cannot
have constitutionalism – a belief needed by the major
political actors, recognition of its importance by the
citizens or its major actors and the presence of organized
political forces that are prepared to defend it. If these tenets
are not present, constitutionalism becomes an academic
or religious ritual; the way like many people say
“our father who art in heaven, or hail Mary full of grace”.
A constitution may also become a ritual if the
above elements are not present among the political
leaders, among the citizen and if there are no
organized political forces prepared to defend it.
The major question paused by this Conference is: is
the Constitution of Uganda the ultimate source of authority
in Uganda? Is this 1995 document as amended,
actually the source of political power and authority?
Our constitution is only the source of power formally
but not the source of political authority in this country.
This is explained in the assigned four thematic
areas of: electoral reforms; human rights record;
appraisal of arms of government/doctrine of Separation
of Powers and multiparty politics in Uganda.
Prof Barya underscored the need to understand the character
of the present Ugandan state under the leadership of
President Museveni and the NRM regime; because there
is a difference between a constitution and what actually
happens in the government or state. The current regime,
broadly my understood and the Constitution of the
State are characterized by at least three major elements:
i) Personal Rule and not institutional rule;
ii) Militarism: all our political processes may have a
veneer of democratic or civilian governance but they are
actually under pinned at the end of the day, by military;
iii) Neo-patrimonialism: this means that you may
have the Constitution, you may have laws; you may
have institutions but the formal actual power lies in the
process and all these elements are definitely inimical or
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REPORT ON NATIONAL CONFERENCE ON THE CONSTITUTION
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
contrary to the above development of constitutionalism.
If we don’t understand the above premises, ours will only be
academic, formal and perfunctory exercise or conference
looking merely at the document called the 1995 Constitution.
What then is our assessment as far as the four thematic
areas are concerned?
i) Electoral Reforms:
Having an independent electoral commission and a
credible electoral process is critical for any democratic
country. These are very important in Uganda today. The limitations
are that the NRM (incumbent) regime has no belief
whatsoever in the importance of electoral reforms; constitutionalism,
social justice and equity. The regime will have
to be forced into seeing the above reforms put into place.
ii) Human Rights:
While political and civil rights are important in my
view, the majority of the people in this country or any
other country in East Africa socio-economic rights are
more critical while we shall keep debating the civil and
political rights when all these rights are contained in
our Constitution. The only controversial issue during
the constitutional making process was whether we
should have multiparty politics or not and this was also
resolved in 2005 in the amendments to the constitution.
With that resolution, there is no major debate as to
whether we should have the civil and political rights
as enshrined in the Constitution. But I believe that in
order for us to move forward, we should focus more
on the social and economic rights, where the majority
of the citizens can see immediate and tangible benefits.
It must also be underscored that social and economic rights
must be looked at more so that the citizens are elevated beyond
survival and as such can aspire for civil and political rights.
Social and Economic Rights:
Education—to this end, we should have reforms in the
direction of primary education; secondary school education
and tertiary/vocational education. Attainment of education
will bring about the right to work and thereafter,
civil and political rights will have meaning to the citizens.
Health: we should have a national insurance policy that
guarantees healthcare for all citizenry with categories:
employed high income earners; low incomes earners and
rural communities. In Rwanda for example, 15% of the
national health budget goes to rural health insurance.
Revamping of a strong/representative Civil Society: The
representative CSO formations have been emasculated
and this negates the whole democratization process. Trade
Unions, Cooperatives, Lobby Groups are formidable
formations which can protect particular socio-economic
rights. Such formations have an interest in defending civil
and political rights.
iii) The different arms of government and
separation of powers:
i) Today, there is hardly any Separation of
Powers between the Executive and Parliament;
ii) Our country’s history has been characterized
by the individual merit/one-party system.
The Judiciary in Uganda is struggling for its independence.
We need a bipartisan effort to rescue the Judiciary because
an independent Judiciary is in the interest of every one.
Disputes before courts take four major forms: citizen
versus citizen; multinational interests versus weak citizens;
the State versus the citizen; and political contests.
This trend can only lead to a totalitarian
state where all arms of government are fused.
iv) Multiparty Politics:
Do we have parties in Uganda since 2005? We do
not yet have Parties in Uganda. Political disputes are
underpinned by militarism. The ruling political party
is fused with a state, underpinned by military force.
The leadership of the NRM isn’t interested in a strong party.
A strong party isn’t in the interests of the leadership; a
weak party is in the interest of the incumbent leadership of
the NRM. The other parties are nascent and are attempting
to become parties. Only the FDC has made significant
efforts towards a viable, clear party. There is a need to
have clear ideological bases for parties if we are to build
viable parties which have socio-economic constituencies.
What we have is a shell of a dysfunctional ruling
party fused with the State and backed by military force.
Conclusion:
The Constitution is only a formal document picked and
referred to conveniently. The following constitutional reforms
are necessary;
• Term limits
• Reduction of Presidential powers
• Electoral Commission should be reformed; but
that is not in the interest of the regime
• In addition, there is need to focus on the
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THEME “ TAKING STOCK OF 18 YEARS OF THE 1995 CONSTITUTION – WHERE ARE WE?”
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
socio-economic rights because citizens will find reason to fight for civil and political rights
• Defend the independence of the Judiciary
• Build ideologically based political parties with socio-economic constituencies
• Review the huge public administration wage bill bloated with a large Parliament, hundreds
of supposed presidential advisors, myriad Ministers etc…. However, we have so many people
who are interested in the status quo—amending this Constitution legally/formally is impossible.
We have to abrogate this Constitution because its inherent design-flaws do not support the required
amendment processes that would deliver the objectives we seek. “A community of sheep
will get a government of hyenas.” We must avoid the trap of historical revisionism. Weak citizens;
weak institutions/executive dominance; weak political parties and the role of the military in politics
Some of the Invited Guests: From left to right: Mr. Eric Ssbiti from The Electoral Commission Kampala;
Hon Sarah Kiyingi-Former Minister of Internal Affairs; Mr.Mohammed Ndifuna, Executive Director-HURINET (U);
Mr. Thomas Millar, First Secretary, Governance, Trade and Private Secctor Development, EU Delegation to Uganda.
Eric Sabiti from The Electoral Commission making his remarks during the Conference Plenary
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REPORT ON NATIONAL CONFERENCE ON THE CONSTITUTION
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
Thematic Sessions:
1. Human Rights Thematic Area: Chaired by
Mr. Mohammed Ndifuna,
the Executive Director – HURINET(U)
Facilitator: Mr. Kabumba Busingye – Law Lecturer,
Makerere University
Recommendations:
i) The group observed that human rights in Uganda
are implemented more in violation than in observance.
ii) Towards having a conscious populace that understands
and exercises its individual and collective roles
as citizens, the discussion on the Constitution must be
taken to every village, town and constituency in Uganda.
iii) It was recommended that a human rights defenders
force be established to protect and uphold
human rights in a more practical and overt manner.
iv) The citizens of Uganda, majority of whom are
peasants, must have a stake in the economy (either through
direct employment, commercial agriculture or other investment)
so that they are elevated beyond hand-to-mouth
survival which is a serious impediment to the appreciation
of human rights in ‘banana’ Republics such as ours.
v) We should seek to rely on the support
that International Non Governmental Organisations
can provide so that our scale and scope
of operations is broadened for better outcomes.
vi) The current Parliament ought to be downsized
by more than half so that it is easier to hold
them accountable for their actions and/or inactions.
vii) While they pursue the realization of their stated
and Constitutional objectives, Civil Society Organisations
should not be unduly restrained, intimidated or harassed
by the State’s coercive machinery such as the Police.
viii) No effort should be spared in ensuring that
the independence of the Judiciary is insulated from
all attempts to derail it from its duty to dispense justice
impartially as stipulated under the Constitution.
ix) Build an accountable citizenry: work towards
ensuring that citizens are responsible so that they are in a
position to question their leaders at every level. Irresponsible
citizens (at the household level and above) have
no basis to demand accountability from their leaders.
x) The Karamoja, Indian, Chinese, Buganda, Northern
Uganda, Bunyoro and Oil Questions must be answered
if Uganda is to realize human rights. The history that
surrounds these questions is hinged on some of the most
grotesque human rights violations recorded in Uganda.
xi) Civil Society Organisations should form policy
partnerships with Parliament deliberately targeting
the Human Rights Committee of Parliament
so that it is redeemed from Executive manipulation.
xii) Citizens within their various formations should
surround Parliament as a show of support whenever the
military is deployed around the precincts of Parliament.
xiii) Civic Education (with human rights
as a module) must be introduced as a subject
in the secondary schools curriculum.
xiv) Civil Society Organisations and citizens
should harness the strength of international dispute
resolution mechanisms like the International
Criminal Court to advance the cause of justice.
xv) There should be strong partnerships between
human rights organizations so that they develop
more effective synergies in the quest for
the observance of human rights in Uganda.
2. Multiparty Politics Thematic Area: Chaired
By Ms. Norah Matovu, FIDA (U)
Facilitator: Dr. Julius Kiiza, Political Science Don,
Makerere University
“As we celebrate 18 years of the Constitution, NRM is
trying to re-write Uganda’s history to begin in 1986, this is
not true; the second problem is the weak citizenry as one
great philosopher said “ A community of sheep will get a
government of hyenas”. Are Ugandans too weak to assert
their citizenship rights to demand for good governance?
The third problem is the question of weak institutions.
There is the problem of executive dominance; we have
a president who is stronger than the presidency; and we
have a problem of weak political parties where the president
is stronger than the party he chairs and the problem
of internal democracy in the opposition parties . As we
discuss 18 years of the Constitution, 51 years of a nation;
there are some expectations that emerge! If you are 50
years old and you were crippled at 18 years, then chances
are that you need major surgery if you are to become a
proper functioning person! What we are having is cosmetic
reform which cannot deliver the kind of governance we
need. Another critical aspect is the role of the military in
politics. In western liberal democracy, the central norm is
the civilian control of the military. So the assumption is
that the military is sub-serviette to a civilian leader. In the
communist parties, there is a fusion of powers and roles
between the party and the military where the party presides
over the functions of the state and the military becomes
an instrument of party affairs. In Uganda, we don’t
have a western liberal democracy, we are not a democracy
and the people in power say they are not communist either.
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THEME “ TAKING STOCK OF 18 YEARS OF THE 1995 CONSTITUTION – WHERE ARE WE?”
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
So what we have in Uganda is what the scientists call
a “high breed political regime” gravitating some elements
of communism like coercion. And the question
is: should we continue having the military represented
in politics; should we continue having ministers that
are serving army officers?
Recommendations:
i) Review our history as Uganda and trace the
causes of conflict so that we can avoid making the
same mistakes in future.
ii) Build strong functional political parties so
that they are able to participate meaningfully in democratic
contestations.
iii) The military should be divorced from electoral
politics so that there is a level-playing field for all
political parties without an overbearing ruling party.
iv) Encourage the young (especially 16-35 years
old) to participate in politics.
v) Clearly define the role of the Army in politics.
vi) Build a critical mass from the population that
can hold government accountable.
vii) Stop the blame game and find workable solutions.
viii) Eradicate poverty so as to enable citizens to
make independent decisions.
ix) Promote the meaningful and participatory inclusion
of women and the youth in politics.
x) All political players should respect and uphold
the rights of minority views, not just the majority
views.
xi) Create a black-list for those who are violating
human rights in Uganda i.e. police officers, government
officials etc which will be referred to for use in
the next political dispensation.
xii) De-politicize service delivery; divorce government
programmes from the ruling party.
3. Electoral Reforms Thematic area: Chaired
by Bishop Zac Niringiye
Facilitator: Hon. Lydia Wanyoto Mutende, Former
MP, EALA & Former Member, NRM Electoral Commission
Key areas of focus included:
Issue 1: Institutional Review of the National Electoral
Commission:
• The appointment process of the commission.
• Composition of the commission.
• Qualifications of commissioners.
• Commissioners’ term of office.
• Commissioners’ length of tenure.
• Commissioners’ conditions of service.
• Funding of the commission.
• The Powers of the commission.
• The appellation of the commission-which should
reflect the commission’s mission/mandate
Issue 2: An acceptable Voter Register:
Key pointers:
• A recognized and authentic National ID.
• Up-dated and cleaned register,
• Accessible register.
• Available register.
• User-friendly register.
• Provision of an enabling environment for all
eligible voters to vote. (Officers on duty, citizens abroad
etc.)
•
Issue 3: Political Party Participation:
• Dealing with matters of internal democracy within
the political parties.
• Funding and Resources for political parties.
• Political parties need finances and resources to
build structures, operational offices and for mobilization.
• The presidential elections runners-up should be
nominated to parliament to lead the Opposition.
Issue 4: Discussion around the role of the military/militias
in the political and electoral processes.
Recommendations:
i) Review the electoral laws such as the Presidential
Elections and Parliamentary Elections Acts.
ii) Have cross-cutting representation of political parties
on the Electoral Commission.
iii) Inclusive participation of citizens in the selection
of commissioners on the Electoral Commission’s management.
iv) Effect and strengthen penalties for electoral offences
so as to have deterrence against ballot stuffing, intimidation
and other such violations.
v) Strengthen the institutional framework that supports
the operations of the Electoral Commission.
vi) Rename the Electoral Commission as the
Independent Electoral Commission and then ensure that it
is an independent institution that is free from the influence
of any interference, political or otherwise.
vii) We must have a credible voters’ register that has
gone through the process of updating, validation and
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REPORT ON NATIONAL CONFERENCE ON THE CONSTITUTION
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
deletion; the constituencies and their corresponding
polling stations must be demarcated ahead of time and citizens
must be involved in this process.
viii) Civic education must be heavily invested in by civil
society so that the population is aware about their roles and
responsibilities in the electoral process.
4. Separation of Powers Thematic Area: Chaired
by Hon Betty Olive Kamya, President- Uganda Federal
Alliance (UFA)
Facilitator: Hon. Dr. Miria Matembe
The origins of the doctrine of the separation of powers can
be traced back as far as ancient Greece. It was made popular
much later by French philosopher Charles de Montesquieu
in 1748 in his work L’Esprit des Lois (the Spirit of
the Laws). He wrote that a nation’s freedom depended on
the three powers of governance—legislative, executive
and judicial—each having their own separate institution.
Human government is a man-made institution starting
from the days of the mighty hunter, Nimrod. The numerous
nations in our deficient world are all ruled by some
sort of government. No matter how the function of governing
is executed each one encompasses three aspects
which operate in accordance with the principal of administering,
legislating and adjudicating. Even in the excessively
dictatorial countries of our woeful world? Government
structure subscribes to these three branches of rule.
There is no alternative unless people support the cruel utopia
of anarchism or the quirky aberration of the sharia law.
In his Second Treatise of Civil Government, English philosopher
John Locke (1632-1704) noted the temptations to
corruption that exist where…” the same persons who have
the powers of making laws to have also in their hands the
power to execute them…”As a feature of constitutionalism,
rules imposing limits upon government power must
be entrenched, either by law or by way of constitutional
conventions. In other words, individuals whose powers
are constitutionally limited must not be legally entitled
to change or expunge those limits at their pleasure.
Unlike in biblical terms where the Lord is the judge, the lord
is the lawgiver and the Lord is the king (all in one) Isaiah
33:13-22. The principal of separation of powers provides for
the different three state organs performing different functions
with each of the organs providing a check on the other.
Therefore the doctrine of separation of powers separates the organs
of the state into three branches: legislature, executive and
Judiciary. Under this doctrine, the power to govern is
distributed among these three organs to avoid one
group having all the power. The legislature makes the
laws the executive enforces the laws and the judiciary
interprets them and adjudicates over controversies. The
powers and functions of each are separate and are carried
out by separate personnel. The object of separation
of powers is to develop mechanisms to prevent power
being over concentrated in one arm of government.
However no single organ is able to exercise complete
authority but they are inter connected in the execution
of their duties, each being interdependent on the
other. Power thus divided, should prevent absolutism
(as in monarchies or dictatorships where all branches
are concentrated in a single authority) or corruption
arising from the opportunity unchecked power offers.
Uganda
Uganda constitution provides for the principle of
separation of powers. It creates each of the three organs
of the state and demacates powers and responsibilities
among these organs as well as providing
checks and balance among them. Under the system of
checks and balances, each branch acts as a restraint
on the powers of the other two. The application of
this principal guarantees constitutionalism and the
rule of law while promoting and protecting human
rights of the governed. However you cannot have a
complete separation of powers because some of the
roles of the Parliament, the Executive and the Judiciary
overlap. For example, ministers who belong
to the Executive are also members of Parliament.
High Court Judges are appointed by the President
and approved by Parliament. Therefore, none of
the organs exercises complete authority on its own.
Challenges in Uganda today
The NRM government is credited with the restoration of
constitutional order in Uganda and this can be traced from
the spirit of the Odoki Commission, the Constitutional
Assembly debates and the promulgation of the 1995
Constitution of the Republic of Uganda, which is largely
celebrated as one of the best Constitutions in Africa.
However, the same government faces a crisis of legitimacy
and credibility on a number of issues arising
from failure to fully implement the Constitution.
There is failure to uphold the doctrine of separation
of powers; failure to fight corruption; violations of
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THEME “ TAKING STOCK OF 18 YEARS OF THE 1995 CONSTITUTION – WHERE ARE WE?”
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
civil/political rights; cases of unlawful detentions, unfair trials and torture. Around the country, people continue
to suffer extreme poverty, social injustice, fear, intimidation and harassment especially during elections. The constitutional
order has sine the removal of the presidential term limit long been over thrown and replaced by militarism
and monetization of elections. The letter of the constitution by itself is neither enabling nor constraining.
For constitutional provisions to operate meaningfully and effectively institutional and cultural apparatus
to implement, enforce and safeguard the constitution must be in place. The rule of law is one key component
of the constitution’s implementing and safeguarding apparatus. An independent judiciary and the
notion of the supremacy of law all work together to ensure that the letter and spirit of the constitution are honored
in the workings of a constitutional government. Unfortunately in Uganda it is rule by law rather than
the rule of the law which operates. Therefore in Uganda we have a constitution without constitutionalism.
(Detailed presentation is attached as Annex 2)
Hon Nobert Mao, President of the Democratic Party making his contribution during the thematic area of
Seperation of Powers facilitated by Hon Dr. Miria Matembe and Chaired by Hon Betty Olive Kamya-President,
Uganda Federal Alliance.
This break-out session observed that there are
myriad challenges to the observance of the Rule of
Law in Uganda including but not limited to:
• An overbearing Executive;
• An emasculated Judiciary which is routinely
intimidated and harassed by the Executive and
which
for close to a year has had no substantive
Chief Justice;
• The militarization of Cabinet through the
appointment of serving soldiers;
• Outright disregard by the Executive of
court decisions.
It was against the backdrop of these observations
that this group resolved that crucial for the realization
of Separation of Powers in Uganda is that the
judiciary must be free from undue political interference;
Parliament should be independent so that it
can exercise its oversight role over the Executive.
The recommendations made were as follows:
The Speaker and Deputy Speaker should not be selected
from Parliament and should not hold any position of leadership
in a political organization/party.
The decisions/recommendations of the Judicial Service
Commission and the Appointments Committee of Parliament
should be above the President’s power of veto.
Ministers should not be selected from Parliament for appointment
because as the situation is today, Parliament has
been fused with the Executive and this is further reflected
in the voting patterns which reduces Parliament into a
vestige of the Executive.
There should be limited time within which to approve an
appointment recommendation that has been made so that
the President does not drag his/her feet at the expense of
citizens who should be served by the arms of government.
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REPORT ON NATIONAL CONFERENCE ON THE CONSTITUTION
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There should be public scrutiny and vetting before public
positions are assumed by appointees.
Presidential term limits should be restored in the Constitution.
Government must be separate from the State; the infrastructure
of the State must be separate from Government.
Government is a transient group of people who
have “won a contract” to implement their manifesto; the
State on the other hand is the permanent infrastructure
(Police, Revenue Authority, Electoral Commission etc)
that should ideally support whichever government that
assumes power unlike today where Government and the
State are joined at the hip.
The President’s powers to appoint must be limited to
Cabinet and Advisors.
Members of Parliament should not vote on laws that
they have not debated; they must also present
evidence that they consulted their constituents.
Seek extra-legal means of resolving the constitutional
crisis we are involved in. The citizens should
take up the situation and resolve it because there is no
hope in the current regime to self-correct.
The power to recall a Member of Parliament should be
re-introduced in the Constitution (Article 84)
so that citizens have power to directly recall leaders at
parliamentary level.
We should invest in the revival of societal values as a
remedy to the crisis of morals in Uganda.
There should be term limits for Members of Parliament.
Civil Society Organisations should invest in a caravan
for constitutionalism.
The bar for who qualifies to become MP should be
raised above a Senior 6 or equivalent to a University
Degree so that the quality of debate, legislation and
oversight by Parliament is improved.
There should be deliberate investment in the development
of ideology-based political parties that have
socio-economic constituencies.
On a light note, it was recommended that Parliament be
facilitated by lobby groups from the Civil
Society to support Members of Parliament to reinstate
term limits in the Constitution.
There should be a genuine devolution of administrative
powers to the lowest units of government.
The Army should not be represented in Parliament
because they are already part of the Executive.
There should be a Constitutional review process with a
view to reducing the powers of the President.
Uganda should have a Truth-telling and Reconciliation
Committee to support a national healing process.
Ethnic communities should not be punished for the
actions of individuals or small groups. There should be
individual responsibility for individual crimes.
xxiii) The Constitution should guarantee a functional
and inclusive economy.
Citizens’ pressure must be brought to bear on the Judiciary
so that every judicial officer is daily reminded that
his/her actions or inactions can plunge this country back
to war or set it on a path of progress, stability and unity
and a nation of opportunity and dignity for all.
Civil Society Organizations should participate in the
formation of policies that precede legislation so that
there is an input and a level of influence that we have
over the policy formulation and legislation.
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THEME “ TAKING STOCK OF 18 YEARS OF THE 1995 CONSTITUTION – WHERE ARE WE?”
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
Ms Deborah Muwanguzi from Ndejje University, receiving the winning prize for the Inter University Essay
Competition about the 18 years of the 1995 Constitution.
Closing Session: Chaired by Mr. Mohammed Ndifuna, Executive Director, HURINET (U)
Closing Panel of the Conference: From left to right: Mr. Richard Ssewakiryanga, Mr. Mohammed Ndifuna; Mr. Okwiri
Rabwoni; Rt. Hon Rebbeca Kadaga-The Speaker of Parliament;
Hon Dr. Miria Matembe and Hon Lydia Wanyoto Mutende.
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REPORT ON NATIONAL CONFERENCE ON THE CONSTITUTION
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
The closing ceremony started with the reading of the
Communique by Mr. Okwiri Rabwoni as follows:
Communique
Citizens’ Resolutions Passed and Adopted during
the First National Conference on the
Constitution on the 6th Day of December 2013,
at Imperial Royale Hotel, Kampala
Aware that Uganda promulgated a much-celebrated
Constitution in 1995 which promised to be the beacon
of Uganda on the path to growth and prosperity;
Cognizant of the fact that a number of challenges have
hamstrung the full realization of the Constitutional order
that came into being including the nurturing of a culture
of respect for established norms and the Rule of Law;
Recognizing the critical role of the Civil Society,
political party representatives, academia, members
of professional bodies, Members of Parliament and
representatives of government institutions play in
entrenching Constitutionalism and the Rule of Law;
The Centre for Constitutional Governance, African
Institute for Energy Governance, the Human Rights
Network and the Uganda National NGO Forum have
provided a platform to address the state of the implementation
of the 1995 Constitution, As amended;
We the citizens of Uganda herein assembled
have addressed our minds to the state of
constitutionalism in Uganda and adopt the
following Resolutions:
1. Constructively and actively engage in building
enduring Constitutions by advocating for a review of
the current Constitution with a view of arriving at a sustainable
and inclusive settlement of historical questions
that have permanently bedeviled the Ugandan polity,
the Rule of Law, Democracy and Constitutionalism;
2. Advocate for the creation of economic conditions
for Constitutionalism by engaging in the formulation
and implementation of radical, transformative
policies that will support the attainment of social and
economic rights of the citizens of Uganda so that they
are able to agitate for their civil and political rights;
3. Agree to create a framework through which citizens
can defend the Constitution through this National
Conference process deliberated upon today by carrying
out regional consultative conferences and a series
of national conferences, involving all stakeholders;
4. Undertake regular, accurate and critical analysis
of the state of Constitutionalism and the Rule of
Law beyond academic discussions but mobilize the
public on specific issues such as the presidential term
limits, appointment of serving soldiers to Cabinet;
meaningful electoral reforms and the attempts to impose
an unqualified Chief Justice on the Judiciary;
5. Lead the struggle for genuine transformation for
an environment for Constitutionalism and the Rule of Law
to take root by raising the awareness of the citizens, particularly
those in the rural communities at regional levels;
6. Raise the civic competence of the citizens through
creating awareness together with Civil Society and the
Media as well as playing a front-line role on engaging the
oversight arms of government to develop common ground;
7. Adjudication and challenging the status
quo in areas of glaring affronts to Constitutionalism
such as the fractious and illegitimate
Public Order Management Act and related laws;
8. Establish and nurture an economic mechanism
that works for all Ugandans and not just a few;
9. Pursue an end to impunity by contributing towards
the development of appropriate mechanisms with
the ultimate objective of enshrining accountability;
10. Strengthen and develop relevant networks and partnerships
with the broader Civil Society actors such as academic
institutions, the media and other players in the struggle;
We so declare!
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THEME “ TAKING STOCK OF 18 YEARS OF THE 1995 CONSTITUTION – WHERE ARE WE?”
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
Closing Remarks by the Speaker of Parliament of the Republic of Uganda, Rt Hon Rebecca
Alitwala Kadaga:
\ \
Rt Hon Rebbeca Kadaga officiating at the closure of the National Conference on the Constitution at Imperial
Royale Hotel
She stated that Eighteen years (18 years) of the Constitution
is a lifetime. Those who were born in 1995
are now ready to vote. The challenge, however, is
that very few Ugandans have had access to the Constitution.
The Constitution needs to be translated in
a language that people can understand; and this deficiency
needs to be cured. “Out of 35 million people,
how many have access to the Constitution; how many
can read and understand the Constitution so that they
can use it to fight for their rights?” She asked. Part
of the responsibilities of government was to ensure
that the Constitution is translated into local languages
and this has not yet been done. CSOs should agitate
for this so that the people can know what they are
fighting for and how they should fight their battles.
“There are many areas in the Constitution that need
to be reviewed: for instance during the 7th Parliament,
I tasked one NGO to draft a bill on Article
40 – economic rights; the rights of the population.
I think we have a tendency to concentrate more on
the rights to speak, assemble, but we don’t actually
address the other second generation rights which
are equally important. I hope that in your quest for
a better constitution, you can seek to antiquate Article
40, among others. That NGO that failed to bring
me the paper, I hope they can wake up now and
bring it because I wanted to cover the private members bill
with the support of civil society.” Rt. Hon Kadaga stated.
The Speaker further said that she has found the question of
appointing serving soldiers as ministers very problematic.
There are many areas in the Constitution that require review
like the issue of appointing servicing soldiers to Cabinet: “On
one hand, you have the Constitution that directs you to ensure
that the army is in the House but the same Constitution says
that army should not participate in politics. How do you resolve
this? These are two commands that are contradictory in
the Constitution. These contradictions should be resolved.”
On the question of separation of powers, the Speaker
stated that she had done her best but we need to support
members of the civil society to continue agitating and ensuring
that all of us remain on the right cause. Kadaga
also revealed that she had not received proposals on the
electoral reforms from both the government and the opposition.
She said that if these reforms are brought before
her, she will fast track them because in order to ensure
that there is deep thinking before matters are passed into
law. She called upon CSOs to intensify their demand for
these reforms so that they are debated and passed on time.
She argued members of civil society to continue with the
struggle of advocacy. “We should hear you in the rural ar18
REPORT ON NATIONAL CONFERENCE ON THE CONSTITUTION
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eas carrying out your meetings in Kisoro or somewhere
in Kitgum so that we discuss with the local
people there on how best we can manage our society
because it is for us all.”
She pledged the support of Parliament to the National
Conference on the Constitution; thanked all
the participants and pledged her continued support
towards civil society organization in ensuring that
the country is run according to the Constitution. She
also asserted that the agreements made 18 years ago
in the Constitution are ripe for review; they have
been studied and experimented upon and should
now be perfected in their specific areas of deficiency.
Key Action Areas:
1. Carry out broader grassroots consultations at regional
level in the regions of Rwenzori; Bukedi; Karamoja;
Bugisu; Sebei; Madi; West Nile; Acholi; Bunyoro; Tooro;
Teso; Buganda; Ankole; Lango; Busoga and Kigezi as gazetted
in the Constitution. This should be done in four regional
conferences - in Partnership with Government especially
the Ministry of Justice and Constitutional Affairs as
committed by the Minister during the opening of the Conference
2. Carry out the 2nd National Conference on the Constitution
where each regions report will be discussed and adopted.
3. Build a stronger coalition within civil society, academia,
government and other governance actors/partners.
4. Integrate the conference resolutions throughout
the governance work of all the stakeholders involved.
Further Pictorial Coverage of the Conference:
Hon Olive Betty Kamya, President of Uganda Feredal Alliance, registering to attend the National
Conference. Looking on is Ms Sarah Bireete, the Director of Programmes at CCG
Participants making remarks and quick comments on what kind of constitutional reviews will best benefit the
country. Most of them ephasised the need for freedon of assembly, expression and association in Uganda.
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THEME “ TAKING STOCK OF 18 YEARS OF THE 1995 CONSTITUTION – WHERE ARE WE?”
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
Hon Kaps Fungaroo, the Shadow Minister for Defence in Parliament, making remalrs
during the National Conference on the Constitution.
Hon Dr. Miria Matembe chatting with Hon Sarah Kiyingi, the former Minister of Internal Affairs. The two
were memebrs of the Constituent Assembly in 1995
Tea Break Networking: From Right, Hon Sarah Kiyingi,
Hon Dr. Miria Matember and Hon Lydia Wanyoto at the extreme left
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REPORT ON NATIONAL CONFERENCE ON THE CONSTITUTION
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
Speaker of Parliament, Rt Hon Rebecca Kadaga making a grand entrance to officiate at the closure
of the National Conference on the Constitution.
Speaker of Parliament, taking her seat. From left is Mr. Mohammed Ndifuna, the Executive Director of HURINET
(U); Mr. Okwiri Rabwoni, Executive Director, CCG; Center is the Speaker of Parliament. Hon Dr. Matembe on her
right and Hon Wanyoto on the extreme right.
Audience at the clsure of the National Conference on the Constitution. Imperial Royale Hotel,
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THEME “ TAKING STOCK OF 18 YEARS OF THE 1995 CONSTITUTION – WHERE ARE WE?”
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
Kampala. 6th Dec, 2013.
ANNEX 1: Media Covergare:
Coverage by New Vision Newspaper:
New Vision report about the National Conference on the Constitution- 9th Dec 2013
A sample of people’s views about the National Conference on the Constitution,
in the New Vision of 9th Dec, 2013
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Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
Kadaga Warns On Delay of 2016 Electoral Reforms
Government of Uganda and other stakeholders must start the processing of new electoral reforms
now, if these are to be utilised to facilitate a smooth election come 2016, Speaker of
Parliament Hon Rebecca Kadaga has warned. By Sam Waswa 08/12/2013 16:34:00
Speaker Rebecca Kadaga
The Speaker was interacting on with members of civil society organisations at a forum on the national
constitution on Friday, where they undividedly agitated for new electoral reforms before
2016. “A lot of time is being wasted and if the country is to wait longer, the laws may not be ready or
might not be good enough by then,” Kadaga pointed out. She added: “As I speak now, I have neither
received proposals from government, nor the opposition, so it seems that no one is concerned as yet.”
The Speaker further noted that “there should therefore be no body to testify that I delayed the
electoral reforms. If they were tabled in the House, I would have fast-tracked them.” Among
other reforms, the NGOs emphasized having the current Electoral Commission disbanded and
its appointment procedure revisited. It does look like the government of president Museveni as
well as the opposition is not interested discussing the electoral reforms or else the issue would
have already been tabled on parliament floor for discussion. Not long ago, the former FDC
president Dr. Kiiza Besigye announced his withdraw or disinterest in being part of the 2016
elections citing the “usual anticipated irregularities”. Yet, as the speaker emphasized, no one
has come out to challenge the government on the issue of 2016 electoral reforms including the
skeptical opposition.
- See more at: http://chimpreports.com/index.php/news/politics/14794-kadaga-warns-on-delay-
of-2016-electoral-reforms.html#sthash.mhjiBwWD.dpuf
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THEME “ TAKING STOCK OF 18 YEARS OF THE 1995 CONSTITUTION – WHERE ARE WE?”
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ANNEX 2
THE DOCTRINE OF SEPARATION OF POWERS
PRESENTED BY
HON. DR. RKMATEMBE
AT THE NATIONAL CONFRENCE ON THE CONSTITUTION
ORGANIZED BY
THE CENTRE FOR CONSTITUTIONAL GOVERNANCE
06TH DECEMBER 2013
IMPERIAL POYAL HOTEL KAMPALA
The origins of the doctrine of the separation of powers can be traced back as far as ancient Greece.
It was made popular much later by French philosopher Charles de Montesquieu in 1748 in his
work L’Esprit des Lois (the Spirit of the Laws). He wrote that a nation’s freedom depended on
the three powers of governance—legislative, executive and judicial—each having their own separate
institution. Since that time this principle has been widely used in the development of many democracies,
thus placing the doctrine of separation of powers at the heart of constitutional governance.
Human government is a man-made institution starting from the days of the mighty hunter, Nimrod. The
numerous nations in our deficient world are all ruled by some sort of government. No matter how the
function of governing is executed each one encompasses three aspects which operate in accordance with
the principal of administering, legislating and adjudicating. Even in the excessively dictatorial countries
of our woeful world? Government structure subscribes to these three branches of rule. There is no
alternative unless people support the cruel utopia of anarchism or the quirky aberration of the sharia law.
In his Second Treatise of Civil Government, English philosopher John Locke (1632-1704) noted the temptations
to corruption that exist where…” the same persons who have the powers of making laws to have also in their hands
the power to execute them…”. As a feature of constitutionalism, rules imposing limits upon government power
must be entrenched, either by law or by way of constitutional conventions. In other words, individuals whose
powers are constitutionally limited must not be legally entitled to change or expunge those limits at their pleasure.
Unlike in biblical terms where the Lord is the judge, the lord is the lawgiver and the Lord is the king (all in
one) Isaiah 33:13-22. The principal of separation of powers provides for the different three state organs performing
different functions with each of the organs providing a check on the other.
Therefore the doctrine of separation of powers separates the organs of the state into three branches: legislature,
executive and Judiciary. Under this doctrine, the power to govern is distributed among these
three organs to avoid one group having all the power. The legislature makes the laws the executive enforces
the laws and the judiciary interprets them and adjudicates over controversies. The powers and
functions of each are separate and are carried out by separate personnel. The object of separation of powers
is to develop mechanisms to prevent power being over concentrated in one arm of government.
However no single organ is able to exercise complete authority but they are inter connected
in the execution of their duties, each being interdependent on the other. Power thus divided,
should prevent absolutism (as in monarchies or dictatorships where all branches are concentrated
in a single authority) or corruption arising from the opportunity unchecked power offers.
Uganda
Uganda constitution provides for the principle of separation of powers. It creates each of the three organs
of the state and demacates powers and responsibilities among these organs as well as providing checks
and balance among them. Under the system of checks and balances, each branch acts as a restraint on the
powers of the other two. The application of this principal guarantees constitutionalism and the rule of law
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REPORT ON NATIONAL CONFERENCE ON THE CONSTITUTION
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
while promoting and protecting human rights of the governed. However you cannot have a complete separation
of powers because some of the roles of the Parliament, the Executive and the Judiciary overlap. For example,
ministers who belong to the Executive are also members of Parliament. High Court Judges are appointed by the
President and approved by Parliament. Therefore, none of the organs exercises complete authority on its own.
Challenges in Uganda today
The NRM government is credited with the restoration of constitutional order in Uganda and this can be traced
from the spirit of the Odoki Commission, the Constitutional Assembly debates and the promulgation of the
1995 Constitution of the Republic of Uganda, which is largely celebrated as one of the best Constitutions
in Africa. However, the same government faces a crisis of legitimacy and credibility on a number of issues
arising from failure to fully implement the Constitution. There is failure to uphold the doctrine of separation
of powers; failure to fight corruption; violations of civil/political rights; cases of unlawful detentions, unfair
trials and torture. Around the country, people continue to suffer extreme poverty, social injustice, fear,
intimidation and harassment especially during elections. The constitutional order has sine the removal of
the presidential term limit long been over thrown and replaced by militarism and monetization of elections.
The letter of the constitution by itself is neither enabling nor constraining. For constitutional provisions
to operate meaningfully and effectively institutional and cultural apparatus to implement, enforce
and safeguard the constitution must be in place. The rule of law is one key component of the constitution’s
implementing and safeguarding apparatus. An independent judiciary and the notion of the
supremacy of law all work together to ensure that the letter and spirit of the constitution are honoured in
the workings of a constitutional government. Unfortunately in Uganda it is rule by law rather than the
rule of the law which operates. Therefore in Uganda we have a constitution without constitutionalism.
Challenges facing the Principle of Separation of Powers in Uganda
• The president abuses his powers with the assistance of his majority NRM party in the parliament; the
president oversteps his authority and thus undermines the authority of the other organs. For instance
the power to make political appointments which he is supposed to share with other organs i.e.
parliament and the judicial service commission. I.e. the case of Hon Nantaba, the case of
Hon Aronda and finally the case of Justice Odoki
• The executive violates the principle of independence of the judiciary; the judiciary has been
subjected to either verbal or physical artillery and is under constant intimidation and threat. Right
now it has no substantive head simply because the president has refused to appoint one in
accordance with the law.
i. The president kept craving for the time when he would” liberate “the judiciary by appointing
judges who are carders of the movement party.
ii. Recently he has been able to achieve that to a certain extent.
iii. But tell me how can cadres of the movement party administer justice independently? Are they
national cadres?
iv. Sometime ago when the president was addressing the judiciary at the judges conference he
publically accused some of them of bias wondering as to what should be done to biased judges
(but who determines as to whether a judge is biased or not?) what are the appellant channels for,
if it is the president to declare that a judge is biased simply because cases are not decided in his favor?
v. In the ongoing Lukwago case, you all heard the declarations of the prime minister and the
Attorney General in relation to the courts order on injunction.
vi. You all remember of the mamba’s invention of the judiciary and the kiboko guards within the
judiciary premises.
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THEME “ TAKING STOCK OF 18 YEARS OF THE 1995 CONSTITUTION – WHERE ARE WE?”
Held on 6th December 2013, at Imperial Royale Hotel Kampala-Uganda
vii. You might also remember when the bodaboda guys were mobilized to invade and attack
judiciary
simply because a constitutional case was not decided in favor of the executive.
viii. Judiciary needs to be free from political intervention in order to administer justice fairly
without fear or favor.
ix. Such a judiciary is lacking in Uganda.
• The parliament has been rendered powerless in the exercise of its oversight role over the
executive. Through the NRM caucus members of parliament are intimidated, harassed,
and bribed in order to give in to the executive’s desires. Many incidences including the
rebel (whom I call redeemer MPs case testify to this fact)
• In a situation where the Parliament and the Executive are fused together while the judiciary
is threatened and intimidated, one cannot talk of the principle of separation of powers. I am
afraid, that is the situation in Uganda. The president (Not even the presidency) is the authority.
Proposals for Reform
• Ministers should not be MPs
• The speaker and the deputy speaker should not be MPs, but should rather be elected from
outside parliament for the whole term of parliament so that they are not easily intimidated by
the executive.
• The army which is part of the executive and supposed to be non-partisan should not be
represented in parliament.
• The president should have no right to reject the vetting of parliament and the judicial
service commission in carrying out political appointments.
• The president should have limited time within which to make the appointments after they
have been vetted.
• The vetting of political appointments by parliament should be transparent and subject to
public scrutiny.
• Judges should be appointed by the judicial service commission through public interviews and
scrutiny and appointment by the president should be by way of endorsing those who have
successfully gone through the interviews.
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REPORT ON NATIONAL CONFERENCE ON THE CONSTITUTION
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Center for Constitutional Governance (CCG)
Convocation Building - Makerere University Kampala
P.0 Box 72340 Kampala. Website: www.ccgea.org
Email: info@ccgea.org
Constitutional.governance@gmail.com
Tel/Fax 256 312 273 113
Facebook: Center for Constitutional Governance
Twitter: @ccg_governance
Group Photo by the Participants with the Speaker of Parliament after the
Official closure of the National Conference on the Constitution
6th, Dec 2013 at Imperial Royale Hotel, Kampala
ERENCE ON THE CONSTITUTION
THEME “TAKING STOCK OF 18 YEARS OF THE 1995

A Call for Free and Fair Elections

Once again Ugandans are being summoned to prepare for general elections, in 2016. This would be the fifth such elections organised by the Museveni regime, in five yearly intervals, since it came to power in 1986. All have been defined by wholesale fraud and rigging , orchestrated terror and intimidation ,  and the massive diversion of  tax-payers’ money and international development assistance  to fund NRM campaigns and  vote-buying .  All this is well-established and well-documented.

After this series of sham elections , it now is absolutely clear that the Museveni/Kiggundu electoral management system , that is designed and entirely  controlled and orchestrated by the Museveni regime , will inevitably  produce more of the same .  That system is inherently incapable of delivering free and fair elections. Any general elections conducted under current auspices and arrangements will therefore be a fraud.  Discussion about 2016 should be viewed in this light.

That is why we , the undersigned political parties , civil society organisations , and leaders , acting together , in a non-partisan spirit  and on behalf of the people of Uganda , demand the urgent establishment of a new system for organizing and managing elections that can deliver genuinely free and fair elections.We put forward the following Basket of Demands, as the minimum prerequisites, for free and fair elections in our country. In this Basket of Demands, we identify and undertake to eliminate the chief mischiefs which have bedevilled previous elections.

1.       New Electoral Commission .  We must have new, independent and impartial Electoral Commission. The current Electoral Commission is an integral part of the electoral rigging machine of the NRM regime. A new commission must be constituted on the basis of a new modality agreed upon by all stakeholders.

2.       New voters’ register .  A new, clean and verifiable register of voters is an absolute necessity in order to ensure free and fair elections. The register composed by the current electoral commission is fatally flawed, because of fraud, manipulation, and incompetence. It cannot in anyway serve as the basis for organising free and fair elections.

3.       Role of security forces  and militia . There should be no involvement of security forces, including militia groups, in the electoral process. The role of the police should be strictly to act impartially to ensure public order.  In previous elections, we have witnessed massive partisan deployment of the military, police and militia by the regime, all to terrorise the population and rig the elections in favour of the NRM.

4.       Massive diversion of public funds . New control and monitoring  mechanism must be put in place , to prevent  the  NRM and the president  from  raiding the central bank , ministries , and international aid accounts , in order  to finance NRM campaigns  and to  fund massive vote-buying .

5.       Demarcation of electoral boundaries . The demarcation of all electoral boundaries, particularly parliamentary constituencies and district units, should be effected on objective and verifiable criteria. In this regard, we reject the presidential penchant for arbitrary and illegal demarcations of electoral boundaries.

6.       Freedom to organise and assemble .There should be full guarantee, in practice, of the basic freedoms that constitute absolute prerequisites for any meaningful political activities anywhere. Of particular salience are freedoms of assembly and organisation. These freedoms should be in vigour at all times, as well as in elections season. Today in Uganda, these freedoms are conspicuous by their very absence and suppression. Political parties and dissenting groups are not free to organise, assemble or protest. They are routinely and brutally blocked. This renders the claim of multiparty democracy as well as the prospects of free and fair elections, completely fictional.

7.       Selection of presiding officers. We must establish new criteria and process for selection of presiding officers, to ensure their independence and non-partisanship.

8.       Processing of electoral materials.  Representatives of political parties must be fully involved  throughout  the process of designing , printing , transporting ,  distribution  and storage  of electoral materials .

9.       Ensuring integrity of tallying process.  Votes for presidential and parliamentary candidates must be tallied and announced at the constituency. Arrangements must be put in place to ensure that representatives of political parties accompany ballot boxes from polling stations to the tallying centres at constituency and district levels.  Also, crucially, the role of computers and computerisation in the tabulation of results must be carefully reviewed, as this has proved to be a major avenue for grand-scale rigging.

10.   Adjudicating  presidential election dispute . There is need to agree on a new process, which commands legitimacy and confidence all round, for adjudication of any dispute concerning the outcome of presidential election.

In addition to this Basket of Demands, which is specifically concerned with the establishment of a new electoral system for organising elections, we also demand the reinstatement of the presidential term limit of two terms of five years each .This is a critical related issue. Under this dispensation, no person who has ever served or will have served as president of Uganda for two terms would be eligible to contest for the presidency.

In putting forward this Basket of Demands for Free and Fair Elections NOW, we wish to stress the following points.

n  The issue of a new electoral management system needs to be addressed by a National Consultation,  a  forum of all stakeholders, with a view to garnering   national consensus on the matter.  That consensus would then form the basis for necessary constitutional and legislative action by Parliament. We call for the immediate convening of such a forum.

n  Any dialogue about a new electoral management system should not be open-ended to avoid deliberate delaying tactics, it must be time-bound. We shall allow until the end of April 2014, for firm commitments and arrangements to be in place for establishing a new electoral management system.  It  is at  that point  that  we shall  review the situation , draw necessary conclusions ,  and chart the way forward   , based on response and action  by all stakeholders ,  and in particular the regime .

n  The ‘roadmap’ for 2016, which is being put forward by the Museveni/Kiggundu commission,  is unacceptable . It is in effect a pathway to fraudulent and sham elections.  To arrive at our destination of free and fair elections, we must first of all overhaul and reconstitute the electoral management system itself into a credible process.

Today we call on all Ugandans to join in this campaign, the campaign to demand Free and Fair Elections NOW.  This is a non-partisan national project that brings together democracy-seeking and patriotic Ugandans of all shades and affiliations.  We are deeply pained by the state of our country and the condition of our people.  We are united in our common resolve to effect democratic change and save our country from catastrophe.

                                              Free and Fair Elections NOW !