Dr. Busingye Kabumba's Discussion during CCG Dialogue on Constitutionalism, Politics and State Governance in East Africa - Which Way for the EAC Integration Process?

My worry about the EAC at this stage is formed by its history and its current status in the sense that it collapsed in the past because of a failure of values. The values of Uganda at that time were inimical to those of Tanzania.  You heard President Nyerere say “I cannot sit on the same table with a murderer” and I think this was a very fundamental statement and so the question at the time was “what value do you place ahead of the other?” Do you place the economic a question of a common currency above life, liberty, and the pursuit of happiness?

It’s my view, that among other reasons, the EAC failed in the past because of a failure of values and my concern is that the same danger is present with us today. But beyond the EA Treaty, if we interrogate the values systems of the partner states and I think this has been rightly pointed out that by Hon. Amanya and Ms. Sarah Bireete respectively that essentially, if you have values, in addition to the language, the community can be safeguarded.

The reality of the community so far; the sense of the future and reality of the International organizations is that states remain the major actors, major drivers of the integration and this has its own consequences. For instance looking at the past, because the concerns of the head of state or a state are necessarily different from those of individuals. Lincoln who is held as a great liberator of the slaves in America also said “if there is a way of saving the union without releasing the slaves I would have done so”.   So it is not always the case that the needs and interests of the state are those of the individual. Why am I concerned about the failure of values at the moment? We are talking about constitutionalism, politics and state governance right now and I think a good analysis of that state has been made by my colleagues here that there is a crisis of constitutionalism today; one that truly brings to light the words of the late Prof. Oketh Ogendo that the challenges we have had in Africa is that we have had constitutions without constitutionalism.

Another challenge is that we have had treaties and we have had protocols without an accompanying structure for respect of those protocols and that is why then the question of the Coalition of the Willing (CoW) can be explained in those terms that no one is bothering much about the text because they know they can circumvent it.

What is the danger then of forging around an integration that does not base on certain shared values? The danger as I see is that you can entrench illegitimacy; you can entrench bad governance through a process of integration that is not based on certain clear shared values. There are of course some values in the EA Treaty; one of those is the rule of law. The question is to what extent is the rule of law recognized?  

Hon Amanya Mushega's Presentation on Constitutionalism, Politics and State Governance in EAC - which way forward for the Integration Process?

The African as a race, in my observation, in which most of us are, is the most enslaved, the most disregarded, exploited and oppressed human being both at home and abroad, by foreigners in our own countries  and, to make matters worse, by the own governments at home.

The Africans when you go to Europe they look at you as a human rights activist; the government treats you worse than they treat foreigners; that’s the road of the African people. Our dignity is at stake, worse still; our emotions seem to be largely displaced. When we were told that Hitler killed many whites which was not good in itself we cry but when we are told that more than 150million Africans perished during the slave trade under the most despicable and horrible conditions, we shed no tears. When an Indian is killed in a riot, the Minister is sent with Mabugo “condolence” but no attention is paid to blacks killed or affected by same riot in fact we blame those that are affected and killed why they were there in the first place.

We talked of Hundreds killed by Amin, thousands killed in Luwero Triangle and millions killed in the war in Northern Uganda with no deep feeling at all even some of us talk of going back to the bush or start another war with passion as if it’s like going to watch a World Cup. Just sum it up all calamities in the world are feasted on Africans wherever he or she happens to be: poverty, disease, hunger, illiteracy, and crime. It is been said and even sent out by our own media that climate change caused by the west will affect the Sub-Saharan African more.

The biggest problem in Africa and Uganda in particular, we want to do things that we shall enjoy and be praised for but most things which change the world take effect when those that begun them are out of office or dead. If you want to know go find out where the Wright Brothers are who invented the plane before you talk about those who invented electricity which we are enjoying now, even Steve Jobs one of the great scientist is dead, so we need to think of doing things for generations to come.

Some countries in the Europe did not want Rwanda and Burundi to join the East African Community because they are supposed to be Franco- phone and for Uganda we are Anglo-phone but when your local leaders go to Mbale or Bushenyi, they don’t speak in local language! They have to speak English so that the Anglo-phone people can be translated for. But one of the biggest contributions the late Mwalimu Nyerere did was to promote nationalism and the use of Swahili as a local language, so that a leader can move from Iringa near the border with Zambia all the way to Moshi a border with Kenya and Bukoba with Uganda and Rwanda speaking the same language without an intermediary but you can imagine how many hours we spend when we go to Mbale “Owo Lugosi wanyala nabbi” and some people think you have abused them.

To join the EAC and stay there you as a Ugandan you must have a country, you cannot go to EAC on individual merit. So what will our country offer in the Community? And let us not begin saying other people took a hundred years to reach where they are. We are leaving in the world of today not a world of tomorrow or not a world of yesterday. And the earlier we wake up out of that slumber, the better. As Nyerere said when others are walking, we should be running and when you go to Community there is no place for NRM, UPC, DP or Independent but there is a place for Ugandans.

And when the community collapsed even the Ugandans who liked it and wanted it all went empty handed. So the earlier we begin to where we can move as Ugandans and not as a clan, the better so that when you are playing Revenue or KCCA you don’t break the leg of the opponent because tomorrow you will be facing the Mpala of Angola and you realize the defender whose leg you broke is the one you need to win a gold medal.

In some countries in East Africa, when they are looking for leaders, they try to look for the best person from that country irrespective of their tribe and affiliation in some countries they are looking for a person of their liking even if that person is not of the best quality and speaking from experience, the consequences are there for the blind to see. If you want to subvert a nation, Prof. Karugire says “you subvert its women” when you create a culture where our mothers especially and our young people in particular instead of working hard to become self-respecting citizens and turned into expecting mothers and children from man and heaven, God forbid you have very little to take to the community.

Let me say this finally; when I was in the community I had a friend of mine who was a Kenyan Minister, I used to go meet President Moi and Kibaki and this friend of mine who served in both cabinets said “my brother Mushega hmmm….things have changed; before, there used to be a lot of brief cases here but now they are no more. I said what were they for? Uuumm ….saidia wana inchi. Then another Ambassador told me when he was New York whenever the President used to go there after singing for him, they would get Mufuko and give them because he said he had taken a bit to the Ambassador and the rest would take the balance. He said when Kibaki went there, they sung for him after the discussion he said: asante Sana study hard and come build Kenya; with no shilling.

Any mother or any parent who wants his children to grow properly, they reach a level when they put a spoon in their mouth, when they contribute to their existence, when they sweat to produce and they become proud citizens so that when they meet their fellow youth and women they have something to contribute.

I pray that in Uganda we concentrate on building good governance, democratic practices and not a dependent populace but a hard working population; so that when we meet our colleagues in the community, we have something to offer apart from the Constitution that we even don’t even respect

Thank you

Uganda's Constitutional Journey in light of the Pending Constitutional Amendments

CCG as a Constitutional  Watchdog – initiated the process of Taking Stock of the 1995 Constitution after 18 years of its promulgation last year through the process of the National Conference on the Constitution, in partnership with Human Rights Network Uganda –HURINET (U), African Institute for Oil Governance (AFIEGO) and the National NGO Forum. This is a civil society led consultative framework that is aimed at

achieving people centered reforms which can help advance Uganda’s journey towards true Uganda’s Constitutional Journey in light of the Pending Constitutional Amendments constitutionalism in Uganda.

The National Conference on the Constitution is a process that aims at generating national consensus on electoral reforms; critically reviewing Uganda’s human rights record; appraising the doctrine of separation of powers and discussing Uganda’s multiparty politics.

“It’s necessary for Ugandans to reflect on our constitutional achievements, challenges and contribute in the generation of consensus on the way forward in building constitutionalism and constitutional governance ahead of 2016 elections and beyond” stated Hon Fred Ruhindi, Minister of Justice and Constitutional Affairs during the opening of the first National Conference on the Constitution held on 6th Dec 2013 at Imperial Royale Hotel, Kampala.

Constitutionalism presupposes three things:

1) 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 the constitution as a mere document but no constitutionalism

2) Recognition of the importance of the main actors in the citizenry or the population. If the Constitution is of relevancy 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

3) Presence of organized political forces that are not only interested in constitutionalism, but are ready to defend it. During the First ever National Conference on the Constitution, participants from all the three arms of government, various political parties, civil society organizations, religious and cultural groups and citizens in general agreed that the following constitutional reforms are not only necessary but also critical ahead of 2016 elections and beyond:

1. Restoration of Presidential Term Limits

2. Reduction of Presidential/Executive Powers

3. Reforming the Electoral Commission

4. Focusing on Social-Economic Rights of the Citizens so that they find reason to fight for their Civil and Political Rights

5. Reviewing Uganda’s huge Public Administration Wage Bill bloated with a large Parliament, huge cabinet, huge number of presidential advisors and various non-functional Districts in the Country.

6. Divorcing the military from electoral politics and ending any participation of the army in politics

7. Entrenching the doctrine of separation of powers by stopping appointment of Ministers from Members of Parliament

8. The Speaker and Deputy Speaker should not hold any position of leadership in any political party

We wish to call upon Parliament to take into consideration these recommendations as we embark on a countrywide drive to gather grass root views and recommendations on the much needed constitutional reforms in advancing Constitutional Governance in Uganda including countrywide consultations on the draft Cabinet Proposals ahead of the 4th amendment of the 1995 Constitution.

For God and My Country.

Sarah Bireete
Director of Programmes

Uganda's Constitutional Journey in light of the pending Constitutional Amendments

What are some of the major milestones of CCG as far as constitutionalism and the rule of law is concerned?

CCG convened and successfully held the first ever National Conference on the Constitution bringing together State and Non State actors to take stock of the 18 years since the promulgation of the 1995 Uganda constitution. A report has since been produced and circulated.

• Establishing and running of the Hope Initiative (HI) Clubs in 25 Universities across the country for Students

engagement and debate on issues of Governance, Accountability and Development. These clubs hold

monthly debates, public dialogues and they participate in Inter University Interface debates on a quarterly basis about topical issues on Governance, Accountability and Development. This is part of the Democratic

Governance Facility (DGF) supported Civic Education Campaign.

• We have participated in the production and dissemination of Civic Education Modules for increased

public awareness and participation.

• We have finalized the printing of a simplified version of the Constitution which we are distributing free to the

Ugandan Community especially the students to promote constitutional literacy in Uganda.

• We have held public dialogues on the way forward for EAC Integration process when it comes to constitutionalism and the rule of law.

• We have been elected to monitor the implementation and observance of human rights for women, youths,

people with disabilities, people living with HIV/AIDS and other minority groups in the country for the Human

Rights National Action Plan (NAP).

Uganda seems to have an ambiguous Constitution that is ever warranting amendments. How is CCG working with other state and non-state actors (civil society, cultural, religious institutions etc) to ensure a stable constitution that won’t be subject to amendments, especially for purposes of political expediency and regime survival?

It’s important to state that Uganda’s 1995 Constitution was one of the best Constitutions after enactment but its implementation has largely remained a myth. It’s a gift that never was; an illusion. The procedure of amending our current constitution is provided for in Chapter 18 but the frequent amendments raise an important question: what is the role of the citizens in the Constitution amending processes? The Constitutional Making process was a bottom- up approach where the Constitutional Commission went to every sub county in Uganda gathering peoples’ views in order to come up with the draft Constitution that was later debated and adopted by the Constituent Assembly. For, example, between now and the end of 2015, is there enough time to consult the people on the proposed Constitutional amendments? What is the intention of having a rushed Constitutional Amendment process? We hope that we shall not have a repeat of the Omnibus Amendment Bills that were debated and passed in a rushed manner in 2005. A national Constitution is

supposed to be a collection of broad provisions that stand the test of time in guiding the management and

administration of a country and our MPs need to be mindful of the future and legislate for posterity as compared to legislating for regime survival.

As CCG, we initiated the National Conference on the Constitution Process last year and during the First

Conference where all state and non-state actors participated, recommendations were made in line with

peoples’ views and aspirations for advancing constitutional governance in Uganda and have shared the Conference reports with all actors. We are embarking on a countrywide drive to gather people’s views on what should be changed or not changed in the constitution as well. We are working with other civil society organization as well as Parliament and the Ministry of Justice and Constitutional Affairs.

We also have a broad programme in 25 Universities countrywide- The Hope Initiative where we promote

constitutional literacy as well as constitutional governance,accountability and development in the students’ movement Centre for Constitutional Governance (CCG) joins the rest of Civil Society and the general citizenry in advocating for key constitutional reforms and rule of law in Uganda.

We believe that young people who have a greater stake in this nation are best placed to promote and

safe guard constitutional governance in this country. We shall continue to lobby Parliament and Government in general against bad laws but also we support and promote good proposals for the common good of this nation.

We have and will continue to oppose any draconian and selfish legislation before, during and after enactment.

We shall continue to carry out Public Interest Litigation where we are convinced that the constitution is being

violated and or trampled on.

The Constitution vests absolute power to the Presidency. There are drafts of proposed amendments that will among others accord more powers to the President. As CCG, what is your take on this Constitutional trajectory that seeks to create an imperial presidency at the expense of institutions?

The current Constitution already vests too much power in the presidency and what Uganda needs today is not a powerful president. We need strong Institutions that can promote and protect our democracy. What we should be talking about today is not increasing powers of the President, no! Presidential powers should be reduced to, for example, take away the appointing powers for leaders of public bodies to a neutral body where fair competition for top public jobs can be ensured.

What do you think needs to be done to ensure a stable constitutional order in Uganda? We need to ensure that the doctrine of separation of powers stops being a myth by making sure that MPs do not become Ministers and once a person is elected Speaker or Deputy Speaker of Parliament, they should return their part cards in order to steer Parliament in a non-partisan manner.

We need also to strengthen grassroots institutions like the Farmers movement, the women movements, the

students’ movements, the Teachers movements and the Labour Movements because our democracy can

only be safeguarded by the people and the people have been dis empowered over time.

We need also to urgently put in place a Recruitment and Salaries Commission so that all people desiring to serve in public bodies like the Oil Company, Uganda Revenue Authority, etc, are publicly recruited by this body as compared to being appointed by the President as then approved by Parliament. We need open

and fair competition for these jobs for all Ugandans.

You are currently focusing on Electoral on Electoral Reforms as we gear up to the 2016 elections. Do you think electoral reforms are what the country desperately needs right now and why?

Yes. Elections and outcomes of electoral process directly impact on the day-to-day lives of the people. Uganda needs a credible electoral framework that is acceptable by all the actors. A manipulated electoral process will therefore be a recipe for anarchy in this country. We should not hold another election without achieving meaningful electoral reforms.

What major challenges have you as CCG encountered in the course of championing constitutional order in Uganda?

The civil society operating environment is narrowing every other passing day and if you take a critical look at the proposed NGO Amendment Bill 2013, you will understand that in the near future, there will be very limited space for citizens’ engagement in our governance discourse. This is not a healthy development for anybody in Uganda including members of the ruling party.

What is your last word to the MPs- the makers of the national laws?

MPs should always remember that they derive their power from the people who in turn derive their power from the Constitution. The Cardinal role of an MP as contained in Article 79 of the Constitution is to make laws for the peace, order, development and good governance of Uganda as well as to protect the  Constitution and promote democratic governance in Uganda. We, therefore, do not expect to see anything less of this cardinal function of our Parliament. They should legislate for posterity.

Center for Constitutional Governance (CCG), Convocation Building, Makerere University – Kampala

Tel 256-312- 273 113, Email: info@ccgea.org/constitutional.governance@gmail.com

Website: www.ccgea.org, Facebook: Center for Constitutional Governance, Twitter: ccg_governance