PRESIDENTIAL TERM LIMITS NOW!

　TERM LIMITS NOW!

What You Need to Know to Play Your Part!

The Story of Presidential Term Limits in Uganda

Public discussions have been dominated by an increasingly popular debate on the restoration of presidential term limits in Uganda. This popular demand can be traced to the constitution making process of the 1995 Constitution. The Odoki Commission after consulting Ugandans for 4 years recommended that presidential term limits are in our Constitution. A compelling argument then was that people wanted to see peaceful transition with their Presidents leaving office when they are still respected and loved by Ugandans, especially after bad experiences of coups, wars and violent overthrows in the past.

The discussion of and agreement over a two 5-Year terms in the 1995 Constitution of the Republic of Uganda was never a contentious issue during the CA debates.

On September 30th, 2005, 7th Parliament passed an amendment removing presidential term limits, amidst several citizen petitions and submissions written by various civil society groups. In 2009, during consultations to develop a Citizens’ Manifest, ordinary citizens again demanded for the restoration of presidential term limits in the constitution. And since the countrywide mobilisation led by the Citizens Action for the Restoration of Presidential term Limits was launched across the country, there is overwhelming national consensus in support of the restoration of presidential term limits.

So what convinced the 7th Parliament to go against the wishes of the majority of Ugandans?

Amongst the reasons that convinced them were:

1. That the Northern war was at a point where they believed strongly that only President Museveni had the capacity to lead the UPDF into defeating the LRA.

2. The fear that the NRM could easily lose election to the opposition if president Museveni was no longer the NRM flag bearer drove majority NRM parliamentarians to vote for the lifting of presidential terms limits to enable him contest the 2006 elections.

3. The belief that President Museveni would lead the country in a one off transition of 5 year term only after the constitutional amendment and would not offer himself in the next election thereafter. Proponents of this explanation seem to sincerely believe in president Museveni’s word at the Kyankwanzi meeting when he is reportedly told them that… "I am not here to stay forever in this office" and they could not imagine that General Museveni their much loved liberator could not keep his word.

4. Some MPs report that they had appreciated "the many very good programmes" that President Museveni planned to implement going forward and feared that a new leader may disrupt this "very good programme". These members argued then, that the President deserved some form of thank you gesture for the good work done and this would encourage him into leading a peaceful transition into the next new leadership.

5. To the ordinary citizens, the members of the 7th Parliament were "bribed" with Shs.5 Million each to vote for the motion to remove the presidential term limits.

Whatever reasons were provided for the removal of Presidential term limits, 7 years down the road, it is difficult to justify them anymore. President Museveni has since contested two more elections and there are signals that he is likely to contest in 2016. Consequently Parliament has lost the trust of the majority of the citizens of Uganda who are convinced about the narrative that parliamentarians were bribed with a mere UGX 5,000,000 to make such a regrettable decision so important on the present and the future of this country.

The Citizens Action for the Restoration of Presidential Term Limit gives the 9th Parliament an opportunity to not only redeem its public image, restore confidence in institutions, but also lay a foundation for peaceful transition. This would be their best jubilee gift to the nation!

EDITORIAL

Why this Document?

This write-up is intended to provide information on the debate on Presidential Term Limits in Uganda.

The primary target are MPs in the 9^{th Parliament in whom we trust to make a significant contribution in this debate.}

A secondary audience is the reading public whose better appreciation of the debate can enable them play their part in actualizing what is ideal for Uganda in this critical point in our history.

In this ‘one-stop’ information resource, we present a history of the subject of term limits in Uganda, a justification for the need to reinstate Presidential Term Limits, a summary of citizen voices from recent consultations across the country, frequently asked questions and answers to them, a response to some of the arguments against term limits and finally what every citizen can and must do to support this citizen effort to transform leadership and governance in our country.

We hope you find this Resource Material useful, and that it will inspire you to play your part!

We support Term Limits

"The best present Museveni can give to Ugandans in 2016 is peacefully handing over power,"

CYPRIAN LWANGA KIZITO

Archbishop

"We ushered in a democracy to empower the people to express their will; so, it’s important to let the people decide on what they want,"

GENERAL ELLY TUMWINE

Former Army Commander

"The problem of Africa are leaders who rule for too long..."

H.E. YOWERI MUSEVENI

President of Uganda

"I support presidential term limits."

PROF. GILBERT BUKENYA

Former Vice President

In this regard we need to undo unlimited presidential terms and end the phenomenon of longevity in office

JOE OLOKA-ONYANGO

Professor of Law, Makerere University

"Do not wait until the people you lead tell you to leave… do not wait to be pushed out of office."

RT. REV. HENRY LUKE OROMBI

Former Archbishop of the Church of Uganda

‘Democracy can only be guaranteed in Uganda if leaders can change and are willing to change through maximum term limits.’

RITA ACIRO LAKOR

Executive Director, Uganda Women’s Network (UWONET).

"We don’t want it to be the norm that in Uganda once you become president you become president for life,"

GERALD KARUHANGA

MP Youth, Western Uganda

Term Limits Now!

What You Need to Know to Play Your Part!

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Why Parliament should reinstate Presidential Term Limits NOW!

The demand for the restoration of presidential term limits is rooted in the 1995 Constitution making process. The act by the 7th Parliament in 2005 which passed an amendment to remove presidential term limits was therefore a betrayal of the nation in spite of several citizen petitions and submissions written by various civil society and regional groups. Since then various groups and initiatives have called on the Government to initiate a processes to review that amendment with a view to restoring presidential term limits. Notable among many others are: the African Peer Review Mechanism (APRM); Uganda Joint Christian Council (UJCC); the Citizens Manifesto, published in 2010; the Inter- Religious Council of Uganda (IRCU); the Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU); and many MPs in the 9th Parliament. That demand is even more urgent today, during Uganda’s Independence Jubilee Year. Below, 10 reasons are given for the reinstatement of Presidential Term Limits:

1. Lifting Presidential Term Limits was a mistake!

Even for those who had good intentions in voting for the removal of presidential term limits in 2005, now in hindsight admit that it was a mistake.

2. Restoring Confidence in our Constitution and governance Institutions:

Presidential term limits will restore the sanctity of the 1995 Constitution.

3. Ensuring that the transition from one President to the next is peaceful:

Uganda has an unenviable record where none of our ex-presidents lives happily to hand leadership to another. The restoration of presidential term limits in our constitution will present an incredible opportunity to President Museveni and all future Presidents to hand over power peacefully.

4. Implementing People’s Will

: By responding to the calls to restore presidential term limits, Parliament will have discharged its ultimate role as the vanguard of the constitution and the will of the people in accordance with Article 1 of the Constitution, which states that "… power belongs to the people..."

5. Mitigate Regime Longevity

: Restoration of presidential term limits will institute controls against the adverse effects of overstaying in power.

6. Building and Strengthening Institutions:

For a fragile state like Uganda with weak institutions, presidential term limits will institute the much needed constitutional guarantee against the consolidation of personal rule and patronage politics in the face of poverty and a relatively weak citizenry.

7. Instilling Political Discipline and Stability

.

8. Achieve Harmony in the East African Community and ensure progress towards political integration:

The lack of presidential term limits in Uganda has emerged as a significant factor, eroding trust about its intentions and role in political integration. All other four EAC partner states have presidential term limits.

9. Pave way for other Electoral Reforms, working toward free and fair 2016 General Elections:

One of the challenges in ensuring free and fair elections is the stampede for reforms of several electoral laws during the last year towards General Elections. Restoration of term limits will pave way for other reforms to ensure free and fair elections.

10. Remove political uncertainty:

Restoration of presidential term limits will address the current dilemma and ambiguity over succession.

Presidential Term Limits in Africa

Efforts to embed presidential term limits have seen successes in Africa with over 36 nations instituting it. Some leaders like Isaias Afewerki of Eritrea, another ‘liberator’, have completely defied democratic convention and never even conducted national elections in his country since 1993.

This singular factor marks a clear departure from past acts of blatant impunity by some African leaders. In fact, the very observation that these leaders restricted their political maneuvers within the narrow confines of their respective constitutions is in itself a positive sign of a growing sense of constitutionalism amongst some African leaders - a continental plus.

Fredrick Chiluba of Zambia (born 1943), Bakili Muluzi of Malawi (born 1943), Olusegun Obasanjo of Nigeria (born 1937) and Abdoulaye Wade of Senegal (born 1926) tried and failed to expunge term limits from their constitutions. The four leaders subsequently retired and lived peacefully within their respective nations. Notably their failure to remove term limit clauses was occasioned by the joint intervention of civil society, media and political parties. Paul Biya of Cameroon (born 1933) is trying but still unsuccessful.

Nations with no term limits in Africa can hardly be referred to as democratic in spite engaging in the ritual of elections. In a practical sense it is possible to have elections without democracy. In contemporary Africa, the following countries continue to claim and believe that they embrace electoral democracy but without term limits: Somalia, Swaziland, Gambia, Morocco, Lesotho, Libya, Burkina Faso, Guinea Bissau, Mali, Sudan, Southern Sudan and of course Uganda. From a bird’s eye view, certain clear points connect the nations. To varying levels these include accusations of police brutality, disregard for human rights, the presence of mineral resources and every one of these nations has recently faced one form or another of civil turbulence. As for Guinea Bissau and Mali, both have recently been rocked by military coup-de-tats while Libya has had a violent overthrow of its long time leader-Muammar Gaddafi.

By and large, with the exception of monarchical Swaziland, the current leaders of these nations- like their colleagues who removed term limits - all share one revealing characteristic - all assumed power through the barrel of the gun or have co-opted the military into civilian governance to enable their continued stay in power. Uganda’s experience provides enough cause to examine whether the mode of how leaders ascend to power could influence the manner in which they summarily exit office.

We stand as a country to gain with the reinstatement of Presidential Term Limits in our Constitution.

WE SUPPORT TERM LIMITS

"The restoration of presidential term limits is a critical step that should be taken in order to ensure that the country does not continue to slide in its leadership and governance."

BISHOP DR. ZAC NIRINGIYE

Since independence, Uganda has only seen change of government through armed struggle. Presidential term limits are an important governance tool; we need to start a culture of peaceful presidential succesion. Our elections, though regular, have not met the expected free and fair standard.

HON. MARY MUGENYI,

Former MP, Minister of State and PAP Representative for Uganda

"Those who amended the Constitution six years ago did a "disservice" to the country. We wish to remind government that propaganda against civil society activities is not a solution to the current crises in the country."

RICHARD SSEWAKIRYANGA Executive Director, Uganda NGO Forum

"If the Parliament had stuck to their principles and refused to change the constitution regarding term-limits, that would have been an important landmark in defence of constitutionalism important landmark."

MAJ. (RTD) JOHN KAZOORA

"The restoration of term limits in and of itself will not address Uganda’s democracy deficit but it would be an important collective admission that Parliament was wrong to change the Constitution for the benefit of an individual."

DR. PETER G. MWESIGE, Executive Director, African Centre for Media Excellence.

"…the review of the constitution to remove term limits was one of the simplest but most regrettable mistakes by the 7th Parliament. The 9^{th Parliament has the opportunity to reverse this mistake"}

MR. GODBER TUMUSHABE Executive Director, Acode

Reinstatement of Presidential Term Limits in our Constitution is not a request of a few; it is a demand of the majority of the citizens of Uganda. This is the number one electoral reform demand under the

Citizens’ Electoral Reform Agenda, 2011. CRISPY KAHERU

Project Coordinator - Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU)

What You Need to Know to Play Your Part! 3 Term Limits Now!

The National Pulse: Ugandans continue to yearn for Presidential Term Limits

Two decades after Ugandans were consulted by the Odoki Commission in the Constitution Making Process and pronounced themselves on the need for term limits for the president, today that view is even stronger. This was confirmed in wide consultations by the Citizens Action for Restoration of Presidential Term limits who since March have conducted over 60 Consultative Meetings, Public Dialogues, a series of Radio and TV Talk Shows, and Press Conferences across the country, with a direct reach of 100,000 and millions of Ugandans indirectly. Despite being lifted by the 7th Parliament before they were even tested, Presidential Term Limits remain a fundamental building block for democracy in this country. Afrobarometer polls since 2008 consistently indicate that over 66% of Ugandans support the reinstatement of term limits, with the most recent poll in 2012 putting that figure even much higher!

Across the country, and from all these engagements, we have seen countless leaders from all disciplines take sides with ordinary citizens in a popular demand for term limits for the president. Politicians from both the ruling and opposition parties have openly pronounced their resolve to support this noble cause. Members of the 7th Parliament both retired and incumbents have not shied away either; and some announced their regret for having removed presidential term limits and committed their total support to have them reinstated.

In some of these engagements, across the country, citizens have challenged their Members of Parliament to pronounce their support for Presidential Term Limits and those that have appeared to have a different view have struggled to explain why? When Woman Member of Parliament for Sheema County, Hon. Beatrice Nyakikongoro for instance tried to persuade Citizens at a Citizen Leaders Debate in Ishaka town from discussing Presidential term limits, which she described as politicking, she was challenged by her voters. A Citizen is quoted asking her:

"Honourable, you have told us when not to talk about term limits and concentrate on development…why don’t you also tell us when the right time to talk about term limits is?"

A Number of MPs who failed to turn up for these debates have had their phones flooded with text messages and phone calls from their voters seeking to get an explanation for their absence, which has forced them to go on air and apologize, while pronouncing their support for the cause.

Diverse People and Disciplines: One message - ‘Restore Presidential Term Limits’

From discussions across the country, the dominant view points to the urgent need for Presidential Term Limits to be restored to guarantee peace, stability and democratic progress. A Youth in Western Uganda observed:

"…the lack of presidential term limits has caused ‘traffic jam’ in the employment sector, reducing chances for the younger generation to govern and thus limited opportunities …"

In his view, restoring presidential term limits will encourage people to retire early, and restore hope for the 83% unemployed youth in Uganda.

A Retired Bishop from the Anglican Faith in Bunyoro region noted:

"… anybody who has this country at heart should support the restoration of Presidential Term Limits... even Jesus Christ, the son of God had a particular term to serve on earth and later had to leave and continue with his mission in heaven…Accordingly, any right thinking Ugandan should support this Godly cause that promotes peace and freedom..."

To an Anti Corruption Activist in Sebei, lack of Presidential Term Limits perpetuates corruption. He observed:

"…term limits were removed in a fraudulent manner, to favor individuals and not in national interest…and in the seven years that Uganda has not had term limits, corruption levels have risen, mainly because the establishment is preoccupied with amassing wealth and buying people to vote for them, instead of serving the nation…what is more corrupt than this?"

This debate has also drawn in the support of the ruling elite, from both National and grassroots levels. Despite receiving ‘orders from above’ to stop some of the debates that the Citizens Action team has organized across the country, many RDCs have turned up for these important debates and surprisingly encouraged this campaign as noble and important for this country. An RDC in TESO had this to say:

"…the reinstatement of Presidential Term Limits will protect the gains that the NRM Government has been able to garner in the past 27 years of its diligent service to the country. What is nobler about it is the fact that it is not pushing for any individual desire but rather a national cause…"

This view is later re-echoed by an LCV Chairperson and NRM District Chairperson of Mbale District who advised:

"…Term Limits should not even be debated but simply agreed upon and implemented... Term Limits are our thing, MPs should simply go ahead, reinstate them and this time round entrench them in such a manner that they cannot be tampered with by Parliaments and Governments that will follow..."

The President of Uganda may in fact be on the side of the majority voices in Uganda appreciating the importance of Presidential Terms Limits. Although he has often referred to proponents of presidential term limits as being diversionary, he seems to suggest that it is the timing, rather than its essence that appears to be the problem! During a Press Conference at his Rwakitura home in September 2012, he is quoted saying:

"…now is the not the time to talk about Presidential Term Limits but rather concentrate on other developmental things…"

Frequently Asked Questions (FAQs)!

Q1. Is the restoration of Term Limits targeting President Museveni?

Not really, but its passage would impact upon any plans for him to stand again in 2016 because president would have served 30 years and 4 terms by then.

Q2. Do we need a referendum for the restoration of term limits?

A referendum is one option, but it is not necessary in this case because Ugandans have clearly spoken on this matter since the time of the constitution making process. We needn’t spend billions of tax-payers money on it when there are other cost effective ways of delivering it, i.e Parliament

Q3. How do we expect Parliament that removed the term limits to be one to restore it?

The 9th Parliament has the opportunity to redeem the institution’s image and make Ugandans once again believe in the institution and we believe the current MPs can and will deliver.

Q4. Why not just leave voters to decide the President’s fate in an election?

Elections on their own cannot deliver a peaceful transition and Uganda’s experience is testimony. President Yoweri Museveni and the NRA went to the bush in 1980 to contest rigged elections. The uprisings in Tunisia and Egypt were a year after Ben Ali and Mubarak had ostensibly won the elections by a landslide of 93% and 85% respectively.

Q5. Who is really behind this campaign?

Ordinary citizens, including those working with civil society organisations and religious institutions under the Citizen Action for the Restoration of Presidential Term limits. You too can be part!

Q6. Why then don’t we demand term limits for all leadership positions?

The insistence on the presidency is because only the President holds unrivalled and enormous EXECUTIVE powers that all other leadership positions do not. Moreover, it is the only office for which citizens demanded term limits during the Odoki Commission Consultations.

Q7. Will the restoration of Term Limits grant President Museveni more 10 years?

NO! This is the beginning of a process of legal and institutional restriction to how long an individual can occupy the presidency.

Q8. But what can an ordinary citizen do in this campaign?

Write, call or sms your member of parliament demanding that he/she supports and votes for the restoration of presidential term limits. You can also contribute by speaking in support of the campaign to 10 other Ugandans and ask them to do the same.What You Need to Know to Play Your Part! 4 Term Limits Now!

Is the debate about Presidential Term Limits Diversionary? Some arguments against Term Limits and a Response

Some leaders have argued against the priority and urgency of restoring presidential term limits in the Constitution this Jubilee Year. Notably that:

1. Elections are in themselves enough:

Although regular elections are an attribute of democracy, they in themselves do not provide for certainty in peaceful leadership transition especially when the elections are contested. We must always remember that the Luweero Triangle Bush war was in response to the contested 1980 elections.

2. Term limits debate is diversionary:

Proponents of this line of thought contend that Ugandans should now be focusing on development until 2015/16 when the next electoral cycle will then come to the fore of the political agenda for public debate. Consensus from both sides of the political divide is that Uganda’s development agenda is in jeopardy because of the current uncertainty over leadership transition. Restoring presidential term limits will address the urgent question of peaceful transition of leadership thereby creating an enabling environment for national development. The restoration of term limits is an important step in creating an environment in which to deal with other governance and development challenges.

3. Some of the strong democracies in the Global West don’t have term limits:

This argument conveniently ignores the fact that the majority of these are fully functional Parliamentary Democracies as opposed to Presidential, notably Israel that is often quoted. Moreover, all these parliamentary democracies have in the last 27 years successfully and peacefully changed political leadership at least 4 times.

An Appeal to Members of the 9th Parliament!

Dear Hon. Member of Parliament,

We appeal to you to listen to the voices of millions of Ugandans who have consistently pronounced themselves on the need for Presidential Term Limits.

We are strongly convinced that presidential term limits is a fundamental building block in our struggle to develop our country into a stable democracy and a prosperous economy in people leaving in harmony with other citizens within the East African Community and Africa.

Traversing this country from east to west, north to south; from the plains of Bunyoro and Toro to Teso and Busoga, the beautiful lands of Acholi and Lango to the undulating hills of Ankole and the volcanic mountains of Kigezi, countless citizens and leaders in town halls, community grounds and public offices across the country agree that the removal of Presidential Term Limits from the constitution was a mistake by the 7th Parliament. The desire for a peaceful country is evident in the voices and eyes of our people across this country.

During consultations on the subject across the country, we have confirmed that our demand as a people to have a stable country build around a predictable political transition process is true now as it was then at the time of promulgating the constitution in 1995. We have also been inspired by the individual and collective commitment by the people of Uganda to make the next 50 years of our independence a Ugandan promise. A promise of stability, respect for human dignity, and social justice.

We particularly recognize our Members of Parliament who have heard the voices of the citizens across the country and have joined this campaign. We promise our unyielding support and commitment to continue with this campaign until presidential term limits are restored in the constitution.

We call upon each one of you Members of Parliament to offer leadership and commit to ensure that the unfortunate decision that the 7th parliament took on September 30, 2005 is reversed.

After 50 Years, we should be courageous to let go of the past and forgive every MP that voted to lift presidential term limits in the 7th Parliament and move together as a country. The opportunity is now for you to go into our history books, to be rewritten for standing for your country, standing for right and reason and believing that your action will leave a legacy for generations to come.

Listen to the calls of your people and reinstate presidential term limits. This time, go much further and entrench this principle in such a way that it will not be tampered with by subsequent Parliaments, Leaders and Governments that will follow!

What every citizen should do to ensure Presidential Term Limits are restored in our Constitution!

Success of this campaign is the start of process of a guarantee peace in our politics!

If you love Uganda and want to see a peaceful transition and a future of peaceful development and prosperity in Uganda you must be part of this campaign to Restore Presidential Term Limits in Uganda constitution.

It is a very important undertaking that every Ugandan who genuinely cares for this country must give their support. Some Members of Parliament have joined in the efforts and are preparing a Private Members Bill to be tabled before Parliament, and which when passed will reinstate term limits in our Constitution.

Under article 1 on the Uganda 1995 constitution, "Power belongs to the People" and it is the right and responsibility of every citizen of Uganda to defend the constitution. Your Member of Parliament requires your support in this land mark effort. Below are some of the actions you can legally and responsibly take as a Ugandan citizen to support your MPs:

1. Understand the importance of history.

2. Support your MP to vote to restore Presidential Term Limits.

3. Tell your MP that their re-election will depend on how they listen you.

4. Spread the word!

We shall prevail with the modest, but vital action by everyone in this campaign. It is our collective duty to build a peaceful and prosperous Uganda with happy people!

WE SUPPORT TERM LIMITS!

"There is no way the country will witness peaceful transfer of power unless term limits are restored."

DR. MIRIA MATEMBE, For mer MP, Minister and a Women Rights Activist

"If it is democracy, let us practise it on principle. . . actually, this is the time to discuss some of the issues affecting our democracy. . . [For example,] the issue of term limits should be discussed by Parliament and, by the way, even within the [NRM] party." M

AJ. GEN. JIM MUHWEZI, MP, Rujumbura County

Term limits will calm the restless and give hope to the disillusioned, for all will know there is a chance for transition even with a fraud ridden election.

ARTHUR LAROK, Country Director – Actionaid Uganda

It is time for members of parliament to show Ugandans who is their primary constituency – the people or the president. They have the power to vote for presidential term limits or to give Ugandans life presidency again. Imperial presidency reverses all the gains in services, human rights, dignity, development. If you are committed to building a united, peaceful, prosperous Uganda for all citizens restore presidential term limits.

HON. IRENE OVONJI, Chairperson Actionaid International and Former Member of EALA

"I wish we could also revisit our Constitution and restore term-limits. The Americans know that President Obama is going to serve his last term. Even those who did not vote for him can wait for four years unlike here where you don’t know when the President you don’t like will go." HON

WINNIE KIIZA Opposition Chief Whip

Centre for Constitutional Governance (CCG)

Tel/Fax: +256 312 273 113
Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU) Tel: +256 414 510 263
Citizens’ Manifesto Coordination Office - UGMP Tel: +256 414 510 272

STATE OF CONSTITUTIONALISM IN UGANDA: CHALLENGES IN OBSERVANCE

State of Constitutionalism in Uganda: Challenges in Observance

By Ms Sarah Bireete

Director of Programmes

Twitter:@ sarahbireete

Introduction

Constitutionalism is the idea that government can, and should, be legally limited in its powers, and that its authority depends on observance of these limitations. Any state must have some acknowledged means of constituting and specifying the limits (or lack thereof) placed upon the three arms of government: legislature (making laws), executive (implementing laws) and judiciary (adjudicating disputes under laws).

Today, the National Resistance Movement (NRM) 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; lack of civil/political rights; cases of unlawful detentions, unfair trials and torture. Around the country, people continued to suffer extreme poverty and social injustice, while the government continues to spend freely on items such as arms/fighter jets.

Essence of Constitutional Government

Constitutional government is limited government based on a prescribed division of powers among public officials. The leading principle of constitutional government is known as the rule of law. This signifies that no political authority is superior to the law itself. When and where the rule of law is in force, the rights of citizens are not dependent upon the will of rulers; rather, their rights are established by law and protected by independent courts. Individuals, thus, have a secure area of autonomy and have set expectations of having their rights and duties pre-established and enforced by law. Related to the principle of the rule of law is the doctrine of the supremacy of law. This is a fundamental concept which requires generality in law. It is a further development of the principle of equality before the law. Laws should not be made in respect of particular persons. The idea of supremacy of law requires a definition that must include the distinction between law, executive administration and prerogative decree.

Failure to maintain the formal differences between these issues would lead to a conception of law as being nothing more than authorisation for power, rather than the guarantor of liberty equally to all.

Principles of government are normally associated with the rule of law and include independence of the judiciary and the right of redress for injustices perpetuated by the state. Security of tenure for judges, the judges’ own distinguished traditions of learning, integrity and technique as well as the law of contempt, ensure that proper judicial review processes can take place. Judicial review empowers a court to invalidate the acts of a legislative body or executive officer. Without these powers of the judiciary, the most elaborate system of rights, remedies and procedures would be of little use/ inconsequential.

Further, structural principles exist that determine the forms of constitutional government. The principle of separation of powers is premised on the basis that when a single person or group has a large amount of power, it can threaten citizens.

Separation of powers is a method of checking the amount of power in any individual or group’s hands, making it more difficult to abuse such power. Protection of the people against misuse of power by the state itself is, in the first instance, secured when the functions of the government are kept separate and when ultimate power of the state vests, in the final analysis, with the people, who exercise it through election of representatives in regular, free and fair elections. The principle of separation of powers relates to the very heart of constitutional government, which is to structure political institutions with the requisite powers and independence to make judgments that respect equal rights of free people, while at the same time promoting the public good.

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. Where a government is entitled to change the very terms of its constitutional limitations at its discretion, it is questionable whether there would, in reality, be any constitutional safeguards for the public.

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 components 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.

It is against this background that this chapter discusses the observance of fundamental constitutional principles with regard to the three state organs mandated to uphold minimum constitutional guarantees in protection of its citizenry.

Security Agencies and Respect for Rights

The role of the army as part of the executive still raises concerns. Although the NRM government has in relative terms endeavoured to discipline and professionalise the army, its role in elections and its presence in parliament still raise questions. In view of the history of the army in usurping power in the country, this position still causes concern. The presence of the Uganda Peoples Defence Forces (UPDF) members in Parliament also contradicts their non partisan character especially since they sit and vote with the ruling government. Actions of other security agencies, which form part of the executive, illustrate excess use of power by the state. The Uganda Human Rights Commission (UHRC), in its reports, still maintains that torture continues to be a widespread practice amongst security organizations in Uganda, being commonly used to humiliate and break down suspects during investigations ( especially on members of the opposition). The issue of “safe houses” also remains unresolved.

Functions of Public Officers

Public officials in Uganda owe their allegiance to the president rather than to the state. Indeed, many such officers cannot be appointed to their offices without the president’s approval. This is a matter that raises concern about whether such officers owe allegiance to the state or to the president, and hence whether they can question actions of the president that are not in the national interest.

Excesses of Power: Overstepping permissible limits with the Judiciary?

The executive publicly attacks the work of the judiciary on land matters, and bail and the classic example is when the Peoples Redemption Army (PRA) suspects were granted bail and the famous black mamba attack on the temple of justice (High Court). Also on 27 June, the president rejected a constitutional court ruling that nullified the 2000 referendum, saying that the government would not accept the contents of the ruling.

President Museveni said that a closer look at the ruling revealed an absurdity and shocked the general moral of common sense: “We restored constitutionalism and the rule of law. That is why judges can rule like

this against the government. There were times when if a judge made such a ruling, he would not live to see tomorrow. The ruling will not work. It is simply unacceptable. Judges say Article 74 has evaporated. Article 74 is not dead. The movement system is not dead. We are all here.”

The courts were forced to close, resulting in cessation of their work, when the public, after hearing these statements, took to the streets and demonstrated to oppose the ruling. The president made matters worse when he inferred that the judiciary was not impartial. In a public address, he stated that the Democratic Party (DP), which had filed the petition on the legality of the referendum, always filed weak cases only to be helped by “their friends the judges”. He thereon pledged to “sort out” the judges and stated that the days for “biased” courts in the Ugandan judiciary were numbered. He stated that judges were hiding behind the principle of separation of powers to mete out injustice to the people.

Violation of Other Human Rights

In 2004, the government, through the Broadcasting Council, closed down a television station and four radio stations, apparently due to unpaid licence fees. An official of the Council stated that about thirty radio stations and three television stations faced closure over unpaid license fees. This, by then, raised the question of deliberate hiking of licence fees by the government, thereby forcing broadcasters off the air and limiting peoples’ rights to expression and information. Later, this became a case by case clamp down on media freedoms and right of freedom of expression with the closure of a Soroti-based private FM radio station, Kyoga Veritas, for  allegedly because it defied a ministerial directive to refrain from broadcasting news about LRA attacks in the region. It’s also important to note that during the 2001,2006 and 2011, radio stations or presenters that hosted opposition leaders were closed/fired or suspended and this trend worsened after the 2009 Buganda riots where a large number of radio stations were closed and radio presenters arrested/prosecuted/fired for discussion on the riots. Today, a number of radio talk show programmes have been suspended in the directive of the media council for discussing corruption scandals which involve highly connected politicians. This is a clear infringement of rights enshrined in the constitution, harming constitutional development in the country.

At the same time, the government still interferes with the people’s right to free association by limiting the ability of political parties/ civil society groups to undertake their work. The Uganda Police Force (UPF) whose constitutional mandate is to keep law and order has continued to abuse Chapter IV of the Constitution on the protection and promotion of fundamental and other human rights and freedoms especially civil and political rights. The Kiboko squad continues to cause mayhem on civil political leaders supervised by the Police.

Journalists are still beaten up and their gadgets destroyed by police while on duty and also they are still arrested/persecuted for reporting what the government does not want to hear. This was intended to intimidate the journalists into ceasing to report freely on the key governance issues in Uganda.

Legislation and Public Participation

Laws and bills that infringe on rights have gained positive state audience and attention. One such bill is the Public Order Management Bill where government seeks to ban any meeting or two or more people without police permission. Government is also proposing that whoever wants to use public address system must first obtain police permission. The law further seeks to impose a liability duty on the owners of the premises where such meetings will be taking place. Other recent laws like the Non- Governmental Organization (NGO) Amendment Act, which has put in place stringent provisions for regulating the work of NGOs. Requirements, such as annual registration and license fees, put NGOs in an awkward situation. This Act fails to recognize NGOs as partners in development with government. It sought to deny permits to NGOs whose development plans or activities might be against or contradict government policies.

The Legislature and Observance of Constitutional Guarantees

Following the promulgation of the Constitution in 1995, Uganda opted for a presidential and parliamentary democracy. The main emphasis of the constitution was to ensure that the sovereignty of the people was exercised through a democratically elected representative body called the legislature.

Most functions by the executive branch of the government are accountable to parliament. Parliament is supposed to exercise control over the executive arm of government through legislative business. Besides ministers, including the president, are answerable to parliament for their actions. Therefore, parliament has a significant role to play in improving the quality of governance.

For the 9^th Parliament, during its first year, it was generally seen as assertive and its actions upheld the rationale for constitutional governance. But with the Kyankwazi interference and arrests of Mps after the death of the colleague the Late Cerinah Nebanda coupled with the failed recall of Parliament at the beginning of 2013, the vibrant Mps have gone silent. It’s important to note, therefore, that the executive arm of government is still reluctant to accept in good faith resolutions of parliament as an autonomous body. In these instances, the executive has made deliberate moves to influence parliament’s decisions directly, for example, by invoking party sentiments or political patronage when it came to voting on contentious issues.

Law in the Making

a)  Public Order Management Bill, Bill No.3 of 2011

What is the spirit of this Bill?

Following the civil unrest in the country- dating back to the 2007 Mabira riots, Government proposed a bill for the management of public order which was first drafted in 2009.

The objective of the proposed Bill is to provide for the regulation of public meetings, duties and responsibilities of police, organizers and participants in relation to public meetings/gatherings; and to prescribe measures for safeguarding the public order without compromising the principles of democracy, freedom of association and freedom of speech.

Several developed democracies have legislations on public order management, but the timing of this particular Bill is suspect considering the manner in which police mistreats unarmed civilians and the media during demonstrations. However, if a Bill of this nature must be enacted, then the following should be addressed:

The proposed defining of political organization as “any organization which has among its objectives any political purpose or which pursues a political purpose” can be interpreted to include civil society organizations. This should be limited to the definition in the Political Parties and Organizations Act 2005. Also the defining of a public place as any place where people are gathered is vague. A public place definition should be limited to the definition in the Penal Code Act. A clause proposing that the IGP should be given powers to regulate public meetings and assemblies is unconstitutional. This reproduces section 32(3) of the Police Act, declared unconstitutional in Muwanga Kivumbi v. AG (Constitutional Petition No.9/05) in essence it seeks to re-instate a provision that has been nullified by the Courts of law, by restoring to the IGP the power to permit or disallow an assembly/rally. It’s inconsistent with Articles 29(1) and 43 (2) of the Constitution. Article 92 of the Constitution prohibits the passage of legislation to alter the decision or judgment of any court. The bill further proposes such limitations like organizers giving notice to the police seven days prior to the meeting, etc.

It’s is important to note that the proposed powers of the IGP to stop public meetings or assemblies is already taking place illegally and this is a retrospective measure by the government to cover the unconstitutional acts.

b)-The Oil Bills:

Petroleum wealth has the potential to help raise millions out of poverty, but it also runs the risk of plunging Uganda towards the resource curse. This has created immense expectations/anxiety amongst the population and this calls for increased public participation. A robust legislative framework which provides transparency and accountability in the management of the sector is a first vital step to ensuring that Uganda gets a fair deal for its resources and ordinary Ugandan citizen’s benefit. As such, many stakeholders have a strong vested interest in promoting a solid legislative structure for the sector.

All the three Bills lack the guiding principles that are key in their formulation and implementation. These are:

Guiding Principles

(i)    Institutional arrangements: There should be checks and balances whose hierarchy for decision making and the links with other institutions are clear. These should promote inter and intra institutional accountability;

(ii)  Independence and autonomy of the institutions: There should be legal safe guards against political interference/undue influence that would otherwise promote patronage politics or compromise the functioning of the institutions;

(iii)Transparency in decision making: There should be best practices like a statutory obligation to publish all license holders, bidders, disclosure of the Production Sharing Agreements (PSAs) and all decisions are made open and accessible to the public. The functioning of the Oil and Gas Sector should be inconformity with 41 of the Constitution on the right of access to information and the Access to Information ACT.

The passing of clause 9 in the Petroleum (Exploration, Development and Production) Bill 2012 on functions of the Minister gives the Minister powers to carry out the following: granting and revoking licenses; initiating, developing and implementing oil and gas policy;  submitting draft legislation to Parliament;  issuing petroleum Regulations; negotiating and endorsing petroleum agreements; approving field development plans; promoting and sustaining transparency in the petroleum sector; approving data management systems;  any other function incidental or consequential to his or her functions.

Observation:

The minister cannot be an institution in the Act. The Minister is responsible for the implementation of the whole Act.

c)- The Public Finance Bill 2012

This bill will determine how the oil resources in the country will be managed. There is very little stakeholder involvement in the scrutiny of this bill and if the oil resources in the country are mismanaged, then the resource curse is eminent in Uganda.

The finance bill provided for a string of amendments to the Bank of Uganda Act, Income Tax Act and the National Audit Tax as a way of meeting new challenges such as the handling of oil revenues and the East African Customs Union.

The Bill also provides for a repeal of both the Public Finance and Accountability Act 2003 and the Budget Act 2001 to pave way for a comprehensive law on the management of the public revenue.

The Finance Bill defines the budget process and its attendant procedures such as the budget framework paper, supplementary budget and the roles of both the Accountant General and the Secretary to Treasury. The Bill also delineates the role of the Central Bank in the management of the Petroleum Fund.

Checks and Balances

Parliament has a watchdog function which is normally exercised most effectively under the specialized committee system through which it scrutinizes and evaluates the performance of other organs of government, especially the executive. In the exercising of these checks and balances, parliament asserted its authority in several regards:

• Parliament rejected some of the President’s Ministerial Nominees

•Parliament has been investigating major corruption scandals and this caused the resignation of Ministers Syda Bumba, and Kiddu Makubuya and the stepping aside of Ministers Sam Kuteesa, Mwesigwa Rukutana over the CHOGM funds.

Conclusion

Recent governance events in the country have brought successes and challenges for Uganda’s constitutional undertakings. Successes related mainly to progressive rulings of the judiciary. Parliament endeavoured to fulfill its legislative function; but overarching these two arms of government, the executive clearly remained intent on ensuring that neither the judiciary nor parliament took actions to undermine its political aims. In doing this, the executive sometimes used arbitrary means.

As mentioned, constitutionalism involves rules that impose limits upon government power which are entrenched in some way, either by law or by way of constitutional conventions. Dialogue amongst all Ugandans must continue to ensure that the three organs of the state are strengthened and that mechanisms for enabling independent and effective functioning of each one of them are not eroded.

THE CONCEPT OF "CITIZENS" AS COMPARED TO "SUBJECTS" IS AFRICA'S GREATEST GOVERNANCE CHALLENGE

OPINION: The Invasion Of The African Woman President

 
By Arinaitwe Rugyendo

Assessing Dr. Ramphele’s Eye on the SA Presidency

Yesterday, I woke up to not so surprising but quite telling news.

The renowned South African anti-apartheid activist and Co-Founder of the Black Consciousness Movement, Dr. Mamphela Ramphele, had declared her intentions to jump into South Africa’s elective politics.

Under her newly formed political platform; ‘Agang,’ which is Setswana for ‘Let’s build,’ she’s plotting to metamorphose it into a political party. That means that should she succeed, she will definitely run for a possible future South African Presidency in 2014. And what is telling about this is that she will have become the first black woman in South African to run for presidency since the country returned to democratic rule in 1994. To this, I shall return.

Dr. Mamphela_Ramphele

To me, this piece of news wasn’t that surprising at all. I encountered this great woman during a Leadership training at Mont Fluer- Western Cape around April 2012. She had been invited to facilitate a discussion on a topic; ‘Africa in a Competitive and Changing World.’ Mont Fluer, the venue for the famous Mont Fleur Scenarios, had been the place of choice for the ‘Archbishop Desmond Tutu Leadership Programme’ run by the prestigious African Leadership Institute (see www.alinstitute.org). The venerable Desmond Tutu is its patron, and through it, he is building it as an experiment to build a new network of inspirational leaders around the continent, who are together committed to tackling their countries’ most stubborn problems. A living legend for many, Tutu acknowledges that from the economic turmoil in Europe, to the revolutions in the Arab world and to the presidential race in the US, it seems that everywhere leadership is in crisis. The training is often addressed by Africa’s top thought leaders. In the particular case of ‘Class 2012,’ the collection of facilitators included Dr. Ramphele.

By the close of her electrifying presentation, I had quickly detected, and quite correctly, that she was up to something very big in future. During her presentation that afternoon of April 25th, I asked her if she was plotting for a South African Presidency. She shyly answered me she was simply a subject on a discovery journey to becoming a ‘citizen’ and creating many more and that the appreciation of the concept of ‘citizen’ was the most critical issue underpinning South African leadership today.

Embedded in her ‘Citizens Movement for Social Change,’ a social movement currently focusing on promoting engaged citizenship and which I highly suspect has given birth to ‘Agang,’ is a drive bring change in the socially fractured South African society, place it on a forward moving journey to real ‘Citizens.’ She gave me a T-shirt with these very words inscribed at the back to take to my country Uganda and help analyse the connection between the rulers and the ruled and find out if the former weren’t actually ‘chiefs’ and the latter, ‘subjects’ instead of ‘citizens.’

I found this to have been a new ground in the African Leadership discourse. Everywhere on the continent, leaders who care about the conditions of their people, are fast running out. They are running out because majority of them treat and drag their citizens alongside their vision as if they were subjects and not shared participants of the very vision that is supposed to transform them. It is for this reason that Dr. Ramphele has severally published books focusing on social-economic issues in South Africa receiving numerous prestigious national and international awards, including honorary doctorates acknowledging her service to community and her leading role in raising development issues and spearheading projects for disadvantaged persons in South Africa and elsewhere in the world.  In a sense, she has been defining a new ground in continental leadership discourse where African leadership needs to cultivate better and practical solutions using such rare values as service to the community, selflessness, courage, morality, being the best among equals, building followers-not subjects, caring, humility and vision.

Enabling Africans realize that they need to move from ‘subjects’ to ‘citizens,’ is a new ground. It is also an attempt to make citizens of African take charge of the affairs of the state.

I was glad she echoed this in her speech (see http://www.iol.co.za/news/politics/mamphela-ramphele-s-full-speech-1.1472163#.UScpRVprZXc), emphasizing that African leadership was about the ability to be responsive to the social economic needs of the people.

“Do you remember the dream we embraced to build ours into a great society – a prosperous constitutional democracy united in its diversity? Do you remember our commitment to promote human dignity (Ubuntu) and banish humiliation and disrespect of our apartheid past? Do you remember our vow to promote transparency and accountability in public life? Do you remember that we agreed that our democracy would be known for being responsive to the social and economic needs of all citizens? Do you remember?” she asked her audience.

It is easy to understand her problem with modern South Africa. On one hand, you a ruling party, the African National Congress (ANC), fast disconnecting itself from the revolutionary tenets that it stood for, and the National Democratic Party (NDP) on the other hand busy propagating white privilege. In the middle ground is a huge population with no hope. Stories are being told that the only thing holding this loose thread is the shared respect South Africans are still holding for Nelson Mandela. Given the icon’s frail condition, everyone knows this is only temporary and is only cover for a time bomb waiting to explode. Societies like these then, need bridge builders.

“The country of our dreams has unfortunately faded for many of my fellow South Africans. The dream has faded for my sisters and brothers in rural areas who live under the threat of being again made subjects of traditional chiefs and other unelected traditional leaders through proposed acts of our own Parliament. The dream has faded for the many living in poverty and destitution in our increasingly unequal society. And perhaps worst of all, my generation has to confess to the young people of our country: we have failed you. We have failed to build for you an education and training system to prepare you for life in the 21st century. As a result the dream has faded for young people in both urban and rural areas,” Ramphele rightly admits.

And therein lies the subject I left hanging earlier; ‘The Era of the African Woman President.’ Studies show women are most likely less corrupt than men. The typical African woman literary runs the family, prepares the food and feeds the kids while the husband is away busy.  Because they spend most the time with us, they understand issues of selflessness, service and community engagement much better than the men. Renowned world leaders have acknowledged their moms and wives’ strong influence on their leadership careers. They rarely mention their dads. If Africa is being messed up by the men, let’s try women and see! Ask the Malwaians and the Liberians for tips.

Twitter: @RugyendoQuotes

FIGHTING FOR SOCIAL JUSTICE IN UGANDA – BISHOP DR. ZAC NIRINGIYE

Black Monday is a social movement against the theft of public funds much more by government officials and leaders. This is a citizen’s action against theft of public money without shame. This theft affects us through bad health services, bad schools, bad roads, no jobs and much more!

As we celebrate the 57^th anniversary of Rosa Parks decision to sit down for her rights on a Montgomery, Alabama bus, and put the effort to end segregation on a fast track, what social injustice is going on in our countries?

Rosa Parks was arrested on December 1, 1955, after she refused to give up her seat on a crowded bus to a white passenger. She was required to surrender her seat because of her race, which was the law in Montgomery at the time.

Rosa Parks later teamed up with Dr. Martin Luther King Jr. and together with their united African-American Community launched a boycott campaign for the public transport for more than a year (381 days). Rosa lost her job and Kings home was attacked but they did not give up.

As we celebrated Rosa’s 100^th birthday on 4^th February 2013, Uganda’s own social justice campaigner, Bishop Dr. Zac Niringiye was arrested and detained from 8.30am to 5.30pm for speaking against corruption in Uganda.

What actions can you take as citizens: wear black every Monday, reject any calls or acts of corruption, shun the corrupt and boycott and avoid all their hotels, super markets, shopping malls, drinking joints and all their businesses.

Be inspired by the social justice achievements of Rosa Parks and Dr. Martin Luther King Jr. as well as the likes of Nelson Mandela.

For more information on the Black Monday Movement, visit their facebook page: Black Monday movement

Be part of the Black Monday Movement.

M7 THREATENS ARMY TAKE OVER - RESTORE TERM LIMITS NOW!

Swords drawn. President tells legislators at a retreat of the ruling NRM party that the military, of which he is the Commander-in-Chief, is watching political developments in the country closely and will not accept confusion in Parliament.


President Museveni is reported to have warned the ruling party’s retreat in Kyankwanzi on Wednesday that if the “confusion” in Parliament persists, the military would not allow it.

The President’s reported warning came days after Defence Minister Crispus Kiyonga also delivered a veiled fear of a military intervention if MPs continue undermining public confidence in Parliament.

It also comes at a time when the NRM leadership is reasserting its authority over members, some of whom have joined the crusade against corruption.

Dr Kiyonga warned the House rules committee last week that soldiers were watching Parliament.

“If the military feels the country is in the hands of wrong politicians, some officers might be forced to intervene in the name of refocusing the country’s future,” he said while not ruling out the possibility of a coup.

The minister was testifying before the committee investigating the chaotic break-down in decorum which forced Speaker Rebecca Kadaga to suspend debate on the oil Bill late last year.

Some of the sources at Kyankwanzi said Mr Museveni echoed his minister’s fears.

However, the Daily Monitor could not independently establish what the President meant by the army, which is represented in Parliament, not allowing the confusion to persist.

But caucus spokesperson Evelyn Anite accused the sources of “putting words in the President’s mouth”, saying the head of State only emphasised that action shall be taken against difficult party MPs.

Simmering tensions between the two arms of government mounted after MPs signed a petition to force a recall of the House to discuss the controversy sparked by the sudden death of Butaleja MP Cerinah Nebanda.
The petition drew the wrath of Mr Museveni.

Fearing a threat to the country’s democracy, critics yesterday reminded Mr Museveni and Dr Kiyonga that Uganda’s government was elected by the people.

Mr Haruna Kyeyune (Indep, Kyotera) and Ms Florence Namayanja (DP, Bukoto East) said the insinuation of a military takeover is intended to intimidate independent-minded legislators.

Ms Namayanja said the government wants to suppress the right to free speech which is guaranteed by the Constitution.

“The President needs to be reminded that we have rule of law, the Constitution which is clear on the separation of powers,” Mr Kyeyune said.

Mr Livingstone Okello-Okello (former MP Chua) suggested that the country is headed for military government.

But the President’s press secretary, Mr Tamale Mirundi, said “even if the President made the statement, why should the indiscipline in Parliament persist?”

He said those criticising the President are fighting a proxy war and do not understand NRM politics.

“The President fought for democracy, he is a strong believer of democracy and rule of law. One of his achievements is an independent Parliament and there is no need to capture this institution,” Mr Mirundi said.”

Ruling out the possibility of military coup because of House indiscipline, Mr Mirundi said “a jigger cannot force you to cut off your toes.”

Samuel Otada (Indep, Kibanda), Jack Sabiiti (FDC, Rukiga) and Abdul Katuntu (FDC, Bugweri), some of the senior members in the House, accused the President and Dr Kiyonga of blackmail.

Laid bare
“It is good news, the pretence is now over, none of these two gentlemen can claim to have democratic credentials. They do nobody a favour to have democratic institutions in place,” Mr Katuntu said.

 

 

 

 

 

 

STATEMENT BY CIVIL SOCIETY ORGANISATIONS ON THE RECALL OF PARLIAMENT

 n Summary

Concerned. Civil society members say blocking the recall of Parliament by President Museveni could scare away partners and investors frightened by the standoff between the two institutions.

As the standoff between Speaker Rebecca Kadaga and President Museveni over re-calling of Parliament remains unresolved, civil society organisations yesterday called for a solution to avoid a “paralysis of leadership that might scare away foreign direct investments into the country.”

MPs started a process last month to collect at least 125 signatures required to recall Parliament from recess to discuss events related to the sudden death of Butaleja Woman MP Cerinah Nebanda.

The stalemate between the President and the Speaker took a new twist at a New Year’s Eve meeting in Rwakitura, Mr. Museveni’s upcountry home, in which he reportedly swore that Parliament would only be recalled “over my dead body”.
The President warned MPs behind the petition of “severe repercussions”, should they proceed with the move to recall Parliament.

Reviewing the challenges faced by the country in 2012 and setting their agenda for the New Year, CSO’s under the Uganda Governance Monitoring Platform (UGMP) said the past year witnessed a “further deterioration in the democratisation process.”

“The quandary Uganda has faced over the last month, following the tragic death of Nebanda, is only one manifestation of a government struggling with the lack of trust from its own people, Dr Zac Nirigiye, a citizen’s ambassador from the UGMP, read from a statement.

Dr Nirigiye added that Parliament was not spared from the same harassment, intimidation and arm-twisting vented on innocent protesters in the past year.

Mr. Okwiri Rabwoni, the executive director of Centre for Constitutional Governance, warned that the crisis may scare away development partners and foreign investors, wary of the effects of the impasse between two critical arms of government.

Mr. Rabwoni cautioned that Parliament was within its rights to reconvene “If the necessary signatures are acquired unless there is no longer rule of law in Uganda.”