NATIONAL CONFERENCE ON THE CONSTITUTION
THEME “ TAKING STOCK OF 18 YEARS OF THE 1995 CONSTITUTION –
WHERE ARE WE?”
REPORT
Opening
Session: Chaired by Mr. Richard Ssewakiryanga, the Executive Director for the
National NGO Forum
Opening Remarks by Maj
(Rtd) Okwiri Rabwoni, the Exective Director – Center for Constitutional
Governance (CCG)
He
thanked the Government officials, delegates and the organizers (CCG, AFIEGO,
HURINET & NGO FORUM), thanked the CSO fraternity the political parties and
the 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 review Uganda’s Human Rights record
·
Appraising the doctrine of Separation of Powers
·
Discussing Uganda’s Multi – Party politics
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:
The
Minister stated that the Conference should have been convened by Government,
but let not get into the definitions. He stated that the 1995 Constitution is
Uganda’s foremost document that seeks to guarantee political stability,
economic progress and social integration. It is a landmark achievement.
He
paid tribute is paid to the leadership of the country and all those who took
part in the enactment of the Constitution, that, for the first time, involved
grass root people participation and it encompasses the Bill of Rights in
Chapter Four of the Constitution.
We
should evaluate the institutions (Legislature, Executive and the Judiciary)
that have been created under the Constitution as well as the other specific
objectives: electoral reforms; reviewing human rights record; and multiparty
politics of Uganda.
Government
is a partner in this process because it has been discussing these reforms and
looks forward to taking into consideration the views that will be generated
from this meeting.
He
concluded by saying that “Our political skies might be dark and overcast but
the sun hasn’t disappeared”.
Key Note Address by
Prof John Jean Barya, Law Don, Makerere University
His
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.
They
are three presuppositions:
i)
A
belief in the Constitution;
ii)
Recognition
of its importance and relevance to the governed; consciousness about it within
the population;
iii)
Presence
of organized political parties ready to defend the Constitution
Is the Constitution
of Uganda the ultimate source of authority in Uganda?
Talking
Points that have been assigned: electoral reforms; human rights record;
appraisal of arms of government/doctrine of Separation of Powers and multiparty
politics of Uganda.
The
NRM regime is characterized by:
i)
Personal
Rule
ii)
Militarism
iii)
Neo-patrimonial
rule
iv)
All
these are inimical to the development of Constitutionalism.
i)
Electoral Reforms:
These
are very important in Uganda today. The limitations are that the incumbent
regime has no belief whatsoever in the importance of electoral reforms; and there
is no belief in citizenship by the incumbent regime. The regime will have to be
forced into seeing the above reforms put into place.
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 and, we should have reforms in this 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. 15% of the national health budget goes to rural health
insurance in Rwanda.
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.
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 suffering 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: citizens 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.
iii)
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
·
We
should focus on the 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
·
A
huge public administration wage bill bloated with a large Parliament, hundreds
of supposed Advisors, myriad Ministers etc…so 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
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
i)
The
group observed that human rights in Uganda are observed 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 down-sized 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
Thematic Area: Chaired By Ms. Norah Matovu, FIDA (U)
Facilitator: Dr.
Julius Kiiza, Political Science, Makerere University
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
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 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 Oilve Kamya, President- UFA
Facilitator: Hon.
Miria Matembe
i)
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.
ii)
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.
iii)
The
recommendations made were as follows:
iv)
The
Speaker and Deputy Speaker should not be selected from Parliament and should
not hold any position of leadership in a political organization/party.
v)
The
decisions/recommendations of the Judicial Service Commission and the
Appointments Committee of Parliament should be above the President’s power of
veto.
vi)
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.
vii)
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.
viii)
There
should be public scrutiny and vetting before public positions are assumed by
appointees.
ix)
Presidential
term limits should be restored in the Constitution.
x)
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.
xi)
The
President’s powers to appoint must be limited to Cabinet and Advisors.
xii)
Members
of Parliament should not vote on laws that they have not debated; they must
also present evidence that they consulted their constituents.
xiii)
Seek
extra-legal means of resolving the constitutional crisis we are resolved with.
The citizens should take up the situation and resolve it because there is no
hope in the current regime to self-correct.
xiv)
The
power to recall a Member of Parliament should be resurrected in the
Constitution (Article 84) so that citizens have power to recall leaders at
parliamentary level.
xv)
We
should invest in the revival of societal values as a remedy to the crisis of
morals in Uganda.
xvi)
There
should be term limits for Members of Parliament.
xvii)
Civil
Society Organisations should invest in a caravan for constitutionalism.
xviii)
The
bar for who qualifies to become MP should be raised above a Senior 6
certificate so that the quality of debate, legislation and oversight by
Parliament is improved.
xix)
There
should be deliberate investment in the development of ideology-based political
parties that have socio-economic constituencies.
xx)
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.
xxi)
There
should be a genuine devolution of administrative powers to the lowest units of
government.
xxii)
The
Army should not be represented in Parliament because they are already part of
the Executive.
xxiii)
There
should be a Constitutional review process with a view to reducing the powers of
the President.
xxiv)
Uganda
should have a Truth-telling and Reconciliation Committee to support a national
healing process.
xxv)
Ethnic
communities should not be punished for the actions of individuals or small
groups. There should be individual responsibility for individual crimes.
xxvi)
The
Constitution should guarantee a functional and inclusive economy.
xxvii)
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.
xxviii)
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.
Closing
Session: Chaired by Mr. Mohammed Ndifuna, Executive Director, HURINET (U)
The
Communique was read out by Mr. Okwiri Rabwoni:
Communique
Citizens’
Resolutions Passed and Adopted on the 6th Day of December 2013, at
Imperial Royale Hotel, Kampala
During the First National Conference on the
Constitution
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 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;
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!
Closing
Remarks by the Speaker of Parliament of the Republic of Uganda, RT Hon Rebecca
Alitwala Kadaga:
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
to be cured.
She
stated that so far, CSOs have shown no interest nor capacity to draft private
members’ Bills on ECOSOC rights as enunciated under Article 40 of the
Constitution, yet this is the heart of the economic rights for Ugandans.
The
Speaker 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.
Kadaga
also revealed that she had not received 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
pledged the support of Parliament to the National Conference on the
Constitution as well as to CSOs participating in the promotion of
constitutionalism and good governance in Uganda.
<<<<<<<<<<<<<<<<<<<<<<<<<<<<<END>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
