Constitutional reform in Uganda: The new approach

African Affairs

Volumn 96, Issue 383, 1997, Pages 243-260

  Furley, Oliver ^a   Katalikawe, James ^a  

^a Institute for Clean Growth and Future Mobility   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

CONSTITUTIONAL REFORM; DEMOCRATISATION; DEVELOPING COUNTRY; MUSEVENI,Y.; NATIONAL RESISTANCE MOVEMENT; POLITICAL REFORM;

UGANDA;

EID: 0031444753     PISSN: 00019909     EISSN: None     Source Type: Journal    
DOI: 10.1093/oxfordjournals.afraf.a007827     Document Type: Article

References (60)

1. Uganda was placed under British rule, in 1895. It was, after some seventy years of colonial rule granted independence in 1962 under a unitary Westminster model constitution that paid insufficient regard to the country's traditional institutions, multi-ethnicity, customs and values, particularly tribal and religious loyalties. It was replaced in 1966 by the 'pigeon-hole' constitution which in turn was replaced in 1967 by the Republican constitution which itself had now been repealed and replaced by the new constitution (1996).
2. Report of the Uganda Human Rights Commision, Government Printer, Entebbe, 1995.
3. It is estimated that one and a half million people were murdered and that a similar number was imprisoned, tortured or forced into exile. (Report of the Uganda Constitutional Commission, 1992).
4. The independence semi-federal constitution, derided by its critics as a hotch-potch, never commanded the people's respect largley because of the manner in which it was promulgated. See G. W. Kanyeihamba, Constitutional Law and Government in Uganda (East African Publishing House, Nairobi, 1975), p. 56; A. B. Mujaju, The Final Report of A Research on the Constituent Assembly Elections of March 28, 1994, with Particular Reference to the Elections in Fort Portal Municipality, Bunyangabu Country, Mwenge North, Kabarle-Tooro District, Makerere University, Kampala, 1995, pp. 1-3. Similar criticisms are usually levelled at both the 1966 and 1967 Constitutions.
5. The independence semi-federal constitution, derided by its critics as a hotch-potch, never commanded the people's respect largley because of the manner in which it was promulgated. See G. W. Kanyeihamba, Constitutional Law and Government in Uganda (East African Publishing House, Nairobi, 1975), p. 56; A. B. Mujaju, The Final Report of A Research on the Constituent Assembly Elections of March 28, 1994, with Particular Reference to the Elections in Fort Portal Municipality, Bunyangabu Country, Mwenge North, Kabarle-Tooro District, Makerere University, Kampala, 1995, pp. 1-3. Similar criticisms are usually levelled at both the 1966 and 1967 Constitutions.
6. Thus, Yash Ghai, for example, notes that 'During the early years of decolonization, there was great faith in the ability of constitutions to settle the problems of new nations; later considerable cynicism set in, and few, even those who participated in its preparation, believed constitutional settlements made at independence would endure. Only a handful of countries still have the constitution they adopted at independence.' Yash Ghai, 'The Theory of the State in the Third World and the Problematics of Constitutionalism', in H. J. Steiner and P. Alston, eds., International Human Rights in Context: Law, politics, morals, (Clarendon Press, Oxford, 1996).
7. Ghai, 'Theory of the State'.
8. Ghai, 'Theory of the State'.
9. Towards a Free and Democratic Uganda: The Basic Principles and Policies of the National Resistance Movement (NRM), Kampala, n.d., p.4.
10. Having decided to promulgate a new constitution there wer three available options: firstly, the wholesale amendment of the then existing constitution; secondly, the appointment of a small committee of constitutional experts to produce a new constitution; and thirdly, the appointment of a fully fledged constitutioanl commission with wide ranging powers to consult widely and come up with a model instrument for the adoption by the National Resistance Council. The third option was chosen for political rather than theoretical considerations. The idea of a Constituent Assembly was, evidently, first proposed to the NRM by Prof. George Kanyeihamba, at the request of Yusufu Lule, the then President of the NRM in 1983 (in correspondence with Prof. George Kanyeihamba).
11. Y. Museveni, The Ten-Point Programme (NRM Publications, Kampala, 1985), p. 1.
12. Uganda Constitutional Commision Act 1988.
13. Uganda Constitutional Commision Act 1988, S.4.
14. Uganda Constitutional Commision Act 1988, S.5(1) (a).
15. Uganda Constitutional Commision Act 1988, S. 5 (2) (a) and (b). Indeed, for various reasons the Commission was unable to complete its work within the stipulated time scale and its tenure of office was duly extended to enable it to accomplish its assigned task.
16. S.6 of Statute 5 of 1988.
17. C. Ogwal (UPC). Letter to the Minister of Constitutional Affairs, 5 June 1994.
18. Ogwal, letter.
19. Conversation with the Commissioner concerned.
20. Subsequently, the Commission was accused of 'doctoring' the Draft Constitution. Even the minister claimed that there were 'eight wise men' who 'smuggled into the draft, proposals that were not contained in the people's memoranda and left out of others'. The Monitor, 15 July 1994.
21. Buganda's Position on the Draft Constitution. The Views of the Buganda Lukiiko, n.d.; p.4.
22. B. J. Odoki, Uganda Constitutional Commission: The Interim Progress Report, March 1989, p. 5.
23. S. K. Njuba, Uganda Constitutional Commission, p. 4.
24. Much of this can now be gathered from the following candid observations of one of the commissioners who has since put pen to paper: 'In 1991 there was a reshuffle of the cabinet . . . and the Ministry of Constitutional Affairs ceased to be a ministry on its own; it was placed instead under the Ministry of Justice and Attorney-General. This move has been seen as down-grading the Ministry of Constitutional Affairs, with a possible adverse effect on the speedy working of the Constitutional Commision. Many others wonder whether the minister in charge of making the new constitution, Sam K. Njuba, is equal to such an important exercise.' P. Mutibwa, Uganda Since Independence: A story of unfulfilled hopes (C. Hurst, London, 1992), p. 155.
25. B. J. Odoki, Speech at the launching of the UCC at Kampala International Conference Centre, 11 May 1989.
26. Guidelines on Constitutional Issues, Government Printer, Kampala, 1990, p. 2.
27. Guidelines on Constitutional Issues: 'These Guidelines . . . have been written after the Commission has received some views from the public through memoranda, seminars, debates and other discussions which have been conducted throughout the country. The Guidelines therefore do not reflect the views of the Commission on particular issues, but merely contain information which the Commission believed would be of benefit to the public in guiding and stimulating their discussion of constitutional issues and ultimate contribution of their views to the Commission.'
28. Guidelines.
29. Guiding Questions on Constitutional Issues, Government Printer, Kampala, 1990.
30. Guiding Questions, pp. 6-10.
31. ((7) Political Systems and Political Parties
32. Given the history and performance of political parties in Uganda which political system would promote peace and stability? 60. Should Uganda have a multi-party, one-party, or a non-party poltical system?
33. Traditional Rulers
34. Should Uganda have traditional rulers at all? If so, 64. What role should they play?
35. Forms of Government
36. In the light of our history and the present aspirations of Uganda, what should be the best form of government for the nation?)
37. Guidelines, p. 2.
38. Guiding Questions, p. 2.
39. Guiding Questions, p. 2.
40. Guiding Questions, p. 2.
41. Ogwal. Letter. See also, J. K. Lukyamuzi, 'Elections of the Constituent Assembly, A Supplementary View' (unpublished paper 1992).
42. Ogwal. Letter.
43. Ogwal. Letter.
44. J. M. Waliggo, 'Constitution-making and the Politics of Democratisation in Uganda', in H. B. Hansen and M. Twadddle (eds.), From Chaos to Order, (Foundation Publishers Ltd, Kampala, 1994), p. 22. The Canadian government, did, of course conduct a simlar exercise with regard to its proposal for the enactment of the Canadian Bill of Rights, and South Africa has since followed the Uganda example and, has by all accounts, far exceeded Uganda's efforts.
45. S. K. Njuba, The Monitor, 15 July 1994. The statement was made, in his address to the Constitutional Assembly, while he was still the Minister of Constitutional Affairs - he was subsequently dropped from the NRM government altogether. However, the 'eight wise men' were never named by the Minister, and our inquiries have not been able to substantiate this claim.
46. Uganda Constitutional Commission - The Interim Progress Report. March 1989-June 1990, pp. 37-41.
47. Interim Progress Report, p.41.
48. Interim Progress Report, p.41.
49. Interim Progress Report, pp. 42-43.
50. Guidelines, p. 1.
51. Interim Progress Report, p. 41.
52. T. Farer, Commentary on the Draft of the Uganda Constitution, Washington, 1994, p. 2.
53. The Uganda Constitution 1996, Article 3(1)-(6).
54. T. Farer, Commentary on the Draft of the Uganda Constitution, p. 3.
55. There are three ways in which the Uganda Constitution can be amended; see chapter 18, Articles 161-162.
56. Farer, Commentary, p. 3.
57. Farer, Commentary on the Draft of the Uganda Constitution, p. 3.
58. The relevant National Objectives and Directive Principles of State Policy are Articles VI, XV and XIX; and Article 78 reserves at least 39 Parliamentary seats for women.
59. Chapter Four, comprizing of Articles 20-58, is devoted to the protection and enforcement of the fundamental human rights and the freedoms of the individual. The executive, the legislature and the judiciary as well as all the organs and agencies of government and all persons in Uganda are enjoined to uphold, promote and respect human rights in all their manifestations. Provision is also made for the establishment of an independent Human Rights Commission, the functions of which are, inter alia, to investigate, at its own initiative or on a complaint by any person or group of persons, against any human rights violations; a continuing programme of research, education and information to enhance respect for human rights; to create and sustain within the society the awareness of the principles and objectives of the constitution as the fundamental law of the land; to educate and encourage the public to defend the constitution at all times against all forms of abuse and violation; and, to monitor the government's compliance with its international treaty obligations on human rights.
60. Article 53 (1) makes provision for the establishment of an independent Human Rights Commission with wide ranging powers, including the policing of human rights, the establishment of a continuing programme of research, education and information to enhance respect of human rights; the formulation and implementation of programmes intended to inculcate in the citizens of Uganda awareness of their civil responsibilities and an appreciation of their rights and obligations as members of their communiites; and the monitoring of the government's compliance with its treaty and convention obligations on human rights. The powers, functions and duties of the Inspector of Government and the establishment of a Leadership Code of Conduct are set out in Articles 223-232 and Articles 233-236 respectively. The functions of the former are similar to those of the Ombudsman; and the purpose of the latter is analogous to that of the Code of Conduct drawn up by the Nolan Committee for observance by the members of Parliament in the UK.