264 ConstiiuIioaalis,,i ii, 15 challenge in courts of law. The controversialprovisionsmainlyrelate to the politicalsystemespecially the issue ofsuspension ofpoliticalpartyactivities, TheChallenges ofConstitution-makingand thereferendum on politicalsystems, the entrenchmentofthemovementsystem in the constitution,federalism, and the issue of land. in Implementation The implementation of the constitutionposesperhapsmore difficult challengesthan its making.There is a need to make theconstitution a dynamic Benjamin J. Odoki instrument, and a livinginstitution, in the minds and hearts of all Ugandans. Theconstitutionmust be iiiternalised and understood in order for the people to trulyrespect,observe and uphold it. It must be implemented in both the

and to the letter.There is a need to establish and nurturedemocratic Themaking of a newconstitution in Ugandamarked an importantwatershed in spirit the history of the country. It demonstrated the desire of the people to institutions to promotedemocraticvalues andpracticeswithin the country. It is then that a culture of constitutionalism can be the fundamentallychange their system of governance into a truly democratic only promotedamongst and theirleaders. one. The process gave the people an opportunity to make a fresh start by people This examines the and that reviewingtheirpastexperiences,identifying the rootcauses oftheirproblems, chapter challenges problems wereexperienced the actors in the theNRM learninglessonsfrompastmistakesandmaking a concertedeffort to provide by major constitution-makingprocess: government, the Constitutional the Constituent and the genuinesolutions for their bettergovernance and futuredevelopment. The Uganda Commission, Assembly civil It also to the constitution-makingprocesswasthus a majorsteptowards the democratisation people,including society. attempts identify majorchallenges the in the new instrument. ofthe countrywhichhadexperiencednearlythirtyyearsofoppression,tyranny facing country implementing and exploitation. It restoredUganda to the constitutionalpath. The process has beenhailed as unique and unprecedented in the history of constitution- Historicalbackground making in Africa and elsewhere. It was an epic processlasting overseven Uganda has had three constitutions since none of which years commencing in 1988 when the UgandaConstitutionalCommission independence, satisfactorilyanswered the needs and aspirations of the The manner was established until 1995 when the new constitution was promulgated by people. in which the constitutions were made and unmade, the of the the ConstituentAssembly. The distinctcharacteristic of the process was the suitability institutions and thatwereestablished, and the extent to which popularparticipation by the people that was achievedthrough wide processes they wereviableand have been a ofdebateand consultation andnationalpublicdebate.Theprocess ofpopularparticipation acceptable long subject controversy. The wasthat failed to on the most contributed to the building of a nationalconsensus on the mostsuitable form majorproblem Ugandans agree appropriate socioeconomic and framework for their In the result, of governance andpromoted the generalacceptability and legitimacy of the political governance. the crisis of andconstitutional constitution. Such has been the interest in Uganda’sconstitutionmaking countryexperienced a political instability that lastedthirty To address the aboveproblem the NRM government process that it has been the subject of considerableinterest and study by years. in 1988 in order scholars and constitutionalreformers bothwithin and outsideUganda.’ initiated the constitution-makingprocess to provide an for freelydetermining the of On 8 Thenewconstitutionenacted in October 1995 was equally a unique and adequateopportunity system governance. the was concluded and the home-growndocumentdeeplyinfluencedby.thehistory,culture,values and October 1995, process successfully people of their fourthconstitution after a and wide aspirations of the people of Uganda and the need to strike genuine Ugandapromulgated lengthy consultation. compromisesbetweendiverseinterestgroups. The provisions of the Uganda as a nation is a creature of Britishcolonialadministration. The —~ constitutionwere by andlargebased on the wishes ofthe people as expressed 5~ differentindigenouscommunitiesnowinhabiting the countrywere in theirviews to the constitutionalcommission. In the ConstituentAssembly, brought togetherduring the colonialperiodfollowing the declaration of a British most oftheprovisions in theconstitutionwereadoptedbythe delegatesthrough protectorate over Uganda in 1894. Thesepeoplesconsisted of four main consensus.However, a few controversialprovisionswereresolvedthrough languagegroups, the l3antu in the south and west, the Nilotics and Nib majorityvote and some of thesecontinue to attractcontroversy,debate, and in the north and north-east and the Sudanicgroup in the north-u est. Theseethnicgroupswhichhadreacheddifferentlevels ofpoliticaldevelopment (onstilution-,naking and i,npie,nenlalion 265 266 Constitutionalism in Africa in theirsocial can be divided into twomaincatcgorics.The first YusufLule and organisation by GodfreyBinaisa a generalclection was organised by the the societies ofthe lacustrineareawhichincludedthe groupcomprised Bantu MilitaryCornniissionunderPauloMuwanga in December1980. Fourparties ccntralised and Banyoro who had highlydeveloped governments namely the UgandaPeoplesCongress(UPC), the DemocraticParty(DP), the of The second consisted of the under a series kingdoms. group segmented ConservativeParty(CP)and theUgandaPatrioticMovement(UPM)contested the non-Bantu wholived to thenorthoftheNile,where largestpolitical the elections. The UPC won the peoples elections, but the resultswere disputed by unit in the clan.Thesesocietieshaddifferent cultures was general languages, the otherparties. The UPMleadershipunderYoweriMuseveniwent to the its own of and socialsystems. The colonialadministrationimposed system bushand a war the Obote waged guerrilla against government for fiveyears. administration on these of A of indirect rule was groups peoples. system In July1985,Obotewasoverthrownby his twogenerals,TitoLutwaOkello established the Britishadministered the through the and whereby protectorate BazillioOlaraOkello. A peaceaccordwassigned in Nairobibetweenthe localchiefs and In effect the kingssurrendered theirsovereignty in Okello and kings. junta Museveiii,buttheagreementfailed to haltthe war or establish British return for ‘protection.’ an enduringsettlement. In January1986, theNationalResistanceArmy(NRA) her on 9 October1962with all thetrappings of Yoweri Ugandaregained independence Musevenicapturedpower in . A broadbasedgovernment of constitutionalism. A constitution had been worked out, the result of was formedunder the NationalResistanceMovement(NRM). It included the actors of the day. The constitutional negotiationamong majorpolitical varioussocio-politicalforces in the country. Its blue print for running the aimed at out formulae for balancing arrangements were working political interimadministration was the Ten Point Programmewhichincluded interests ofthe elite ofthe Theconstitutionalformulae conflicting political day. restoration ofdemocracy,security,humanrightsandeconomicreconstruction drawn from and entailed a electedparliament, a cabinet under a mixed periodically economy on its agenda.Politicalpartyactivitiesweresuspended to federal and federalstatus for and and responsible parliament, quasi a no-partysystemintroduced. Its mainorgans were the Resistance for the rest of the Powers for the kingdomareas, andunitarystatus country. Councils(RCs) from the village level to the national level with elected the first of the majororgans of governmentweredefined. On anniversary committees. These RCs had administrative,political and judicialfunctions constitution was amended to for a independence, the original 1962 provide and formed the core of the NRMsystem of government.2 ceremonialpresident to replacethe governor-general. TheKabakaofBuganda elected first was president. Democraticchangeandconstitutionalreform In 1966,following a confrontationbetweenthethenPrimeMinisterApolo MiltonObote and Sir EdwardMutesa, and Kabaka of It is necessary to identify and recognise the need for constitutionalchange in the Buganda, the 1962constitutionwasabrogated by Obote andreplaced by order to launch it successfully. Theobjectives to be achievedmust be clearly of articulated interimconstitution of 1966whichwasadoptedwithoutprotest bymembers and accepted.People will not support a causewhich has not been the NationalAssembly.Thisconstitutioncame to known as the ‘pigeon-hole properlydefined. In Uganda, there was generalagreement for constitutional constitution.’ Obotebecamepresident and the post of primeminister was reformlargelybecause the threeconstitutionalarrangements had beenmade abolished. In 1967Oboteintroducedanotherconstitutionthatwasrepublican with little input from the population, and secondly the provisions they

and offederalismandturned containedwerenotdemocratic andmodern to answer in nature. It abolishedkingdoms aspects Uganda • enough currentinterests and What into a unitary state. The president was givenexcessivepowers over aspirations. was not agreed was the nature and extent of reform. appointments and making laws throughordinances and detentionwithout Somegroups like the monarchists/federalistsadvocated the immediate trial. Although the constitutionrecognised the multi-partysystem of restoration of the 1962 constitution that had guaranteed their cherished institutions. government,oppositionpoliticalparties were laterbanned,effectively The multipartyistsespecially the UPCadvocated for the simple amendment of the 1967 transformingUganda into a single-partystate. constitution, and not its completereplacement. It the WhileObotewas in Singaporeattending a Commonwealthconference in was challenge ofthose in charge of the process to convince the different early1971,General Idi Aminstaged a coupd’etatandbecamePresident. He forces thatultimately it would be the people to decide. suspended the constitution and politicalinstitutions and unleashed a reign of Democracy is normallyachievedafter a protractedstruggle. Suchstruggle terror and murder. was in 1979 overthrown by a combination of needsleadership and popularsupport. The NRMgovernment had gone to forcesf~n~iTanzania and Ugandanexilestherewho had for”-~d the Uganda the bush to figh democracy. The governmentformed the van~ ‘~to Nation~ erationFront(UNLF).AfterunsuccessfulcoaiiLlgovernments champion the stru e for constitutionalreformafter the NRM had l~ ~ Constitution-makingand implementation 267 268 constitutionalis,,i in Africa

assumed there was a the country. Therefore at the time the NRM power, Why did the NRMgovernmentadoptthis model?Threeoptionswereopen for leadershipcomniitted to constitutionalreform, as well as popularsupport to government. Thefirstwas forthe government to prepare a draftconstitution the process.Because the NRMgovernmentwas committed to constitutional and present it to the legislative body of the time, the NationalResistance reform, it provided the resourcesnecessary for the exercise and an enabling Council(NRC)—fordebateandadoption.Such an optionwouldhaveexcluded environment for freepublicparticipation and debate. themajorityofUgandansfromparticipating in the process. Thesecondwas to the of Thepreparation of a newconstitution that wouldcorrect mistakes convene a nationalconference ofall the significantsocio-politicalforces in the the past as demanded by the peoplewashigh on the agendaduring the armed country to draft and adopt the newconstitution, as has beendone in several struggle by the NRM. Its vision was to see a popularconstitutionevolved by FrancophoneAfricancountriessuch as Benin,Togo,Congo and Zaire(now the peoplethemselves that wouldconsolidate the fundamentalchange in the the DemocraticRepublic of Congo).Thismethodwouldalsohaveexcluded politics of Uganda,promised on its capture ofpower in January1986. One themajority ofthe peoplefromdirectlyparticipating in theprocess. Thethird ofthebasicobjectives ofthischangewas to returnpower to thepeople to take alternative was to split the process into two stages. The first would be the charge of theirown destiny. Since a constitution was the basicdecision of establishment of a committee ofexperts to gather the views ofthe people and the people on how they wanted to live and be governed, it was absolutely draw up proposals and a draftconstitution. The secondstagewould be the necessary to involve them in the formulation of that socioeconomic and establishment of an electedconstituentassembly to debate and adopt the politicalframework so that it could form a binding and acceptablesocial constitution. This is the methodology that has been adopted by most contract for their governance. The constitutionwouldinstitutionalise, Anglophonecountries likeNigeria and Ghana and to someextent in regularise andlegitimise the use andexercise ofstatepower.Secondly,since andTanzania.4 the NRMgovernmentwas an interimadministrationcommitted to returning Thethirdmethodologywasadopted in order to give the people ofUganda the country to a trulydemocraticsystem of government, it was necessary to ampleopportunity to formulate and promulgate a constitution of theirown ensure that a democraticconstitution was put in placeduring the period of choice. The draft constitutionwould be formulated by a constitutional transition, to guarantee and promotedemocratic, as well as othercommon commissioncomposed of experts, after collecting the views of the people, values and goals,uponwhich the peoplecould be generallyunited. and it would be adoptedby a constituentassemblyconsisting ofrepresentatives of the people. This methodologywouldachieve two objectives. First, the Strategies and models for reform constitutionwould be freelynegotiated by the peoplethemselves and not merelyimposeduponthem.Secondly, the constitutionwould be made not For be theremust be a realistic anyprogramme to successfullyimplemented only by a few, but all Ugandans. andacceptableplan ofaction to definethestrategiesnecessary forthe execution of the programme. The plan of action must be acceptable to the various Institutionalmechanisms to managereform:TheUganda stakeholders. If it is imposed there may not be full participation in the ConstitutionalCommission programme.Neither is therelikely to be widespreadacceptance ofthe outcome. was facedwith the of a realistic and acceptable Uganda challenge designing In 1986 the NRMgovernmentestablished a ministry of constitutionalaffairs of action for the plan constitution-makingprocess. to makeappropriatearrangements for the preparation of a new constitution ThePlahofActionwasfirst in the NationalResistance published Uganda and to oversee the process. The firstmajorinstitutionalmechanism was the News in 1981 the of the bush war. TheNRMviewed its during earlystages UgandaConstitutionalCommission that was established by StatuteNo.5 of main taskafter Obote as the of a speedyreturn political defeating organisation 1988. The law set out the purpose for establishing the commission, its and of the for ofdemocraticgovernment ‘as part laying groundwork returning composition, and tenns of reference. The commissionconsisted of twenty- to democratic the interimadministrationshall see to it Uganda government, one membersappointed by the president in consultation with the minister that constitutionbased on will is drafted and by a new popular promulgated responsible forconstitutionalaffairs.5 Thememberswere to be appointed on themselves.’3 Theconsultation a ConstituentAssemblyelected bythe people thebasis of personalintegrity,professionalskillandexpertise. Thecommission be carried a constitutionalcommitteewhichwould a was to out by prepare had a chairpersonwhowas a justice ofthe SupremeCourt, a vicechairperson draftconstitution. who was a professor of politicalscience and a secretarywhowas a professor C’onstitulion—inaking and inipleinentation 269 270 (‘onsiiiurionalisn: in Africa

of history. Othernicrnbcrs were highlyqualified in various lields and a recogniseanddemarcatedivisionofresponsibilityamong thestateorgans represented the nationaldiversity ofUganda.Two ofits memberswerewomen. ofthe executive, the legislatureand thejudiciary, andcreateviablechecks Thecommissionerswererequired to performtheirfunctionsimpartiallyand in and balancesbetweenthem; practiceenjoyedcompleteindependencefrominterferencefromanyquarter. • endeavour to develop a system of government that ensurespeople’s Theappointmentofthecommissionby the governmentdidnotpasswithout pax~ticipation in the governance of theircountry; criticismfromseveralquarters. It wasallegedthatthemembershadbeenhand • endeavour to develop a democratic free and fair electoralsystem that picked to rubberstamp a constitutionalreadyprepared by theNRMgovernment. will ensure true people’srepresentation in the legislative and at other It wastheircontentionthatmostmemberswerepro-NRMandnotrepresentative levels; ofall interestgroups.Thecriticswouldhavepreferredmembers to be nominated • establishanduphold the principle ofpublicaccountability of all holders by variousinterestgroups.Such a procedure is no doubtmoretransparentbut ofpublicoffices and politicalposts; it canalsolead to a stalemate.Thegovernmenthoweverpositivelyresponded • guarantee the independence of thejudiciary.5 to these criticisms by appointingrepresentatives of certaininterestgroups whichfelttheyhadnotbeenrepresented.Thecommissionthereforeappeared The aboveprovisionscontain the basicprinciples of liberaldemocracy and fairlyrepresentativeandbalanced. As PresidentMusevenihimselfhas explained constitutionalism. It was thereforeabundantlyclearthat the new constitution on the selection ofcommissioners: should be grounded on democracy.During the constitutionaldebate more political andsocio-economicgoals for the newconstitutionwereidentified to They were selectedbecause they represented the broad spectrum of include the following: opinions in the country.Somewereidentifiedwith the idea of a movement structure of governance,somewere from the old politicalparties,some • restorepeace,security and stability in Uganda; werefrom the monarchistgroups, and somewerefrom the churches.~ • fosterunity and nationalconsciousnessamongst the people of Uganda;

The functions of the commissionwere to review the constitution of Uganda • promotesocio-economicdevelopmentandsocialjustice in the country; with a view to formulatingproposals for a newconstitution, and to prepare a • promoteregional andinternationalco-operation. draftdocument for debate. In order to do so the commissionwasrequired to On the basis of the aboveterms of reference, the commissioninterpreted its ‘seek the views ofthe generalpublicthrough the holding ofpublicmeetings mandate to first ofall carry out wideconsultationswiththe people ofUganda and debates,seminars,workshops and any otherform of collectingviews,’ and secondly, to formulate a democratic and popularconslitutionbased on and ‘to stimulatepublicdiscussion and awareness ofconstitutionalissues.’7 nationalconsensus and guarantee the promotion of stability,peace,unity, Thecommissionwasrequired to submit its finalreport to the ministerresponsible progress and socialjustice. forconstitutionalaffairswithintwoyears or suchfurtherperiod as the minister foundnecessary. It wasfoundnecessaiy to extendthe period for a total oftwo and activities years due to the need to give the peopleadequate time to contribute their Methodology,programme viewsand for the commission to do to those justice views. The majorchallengefaced by the commission in designing ifs methodology Apartfrom the aboveoperationalterms ofreference, the statutecontained was to ensurethat the populationwasgivenadequateopportunity to participate some ofthe basicobjectivesthat the newconstitutionshouldachievenamely in the process to produce a constitution of theirchoice. To do so the people to: had to be well informedabout the nature of the constitution, its content and

made to contributefrom a of • guarantee the nationalindependence and territorialintegrity and why a newonewasbeing so as point knowledge sovereignty ofUganda; and makeinformeddecisions. The people had to be givenadequatetime to discuss the issuesinvolved themselves and theirsubmissions • establish free and democraticsystem of governmentthatwillguarantee among prepare to collect the the fundamentalrights and freedoms of the people; for presentation to the commission. The secondchallenge was the third was to • views from the entire and document them, and createviablepoliticalinstitutions that will ensuremaximumconsensus country and all the submissionsreceived. The finalchallenge and orderlysuccession to government; carefullystudy analyse and was to draw up nroposals for a new constitution in a final report, to U co,zsiitution—tnakiizg and implementation 271 272 Constitutionalis,n in Africa the basis of those En order to carry prepare a draftconstitution on proposals. a andtimetable of work.9 Alier the out its taskthe commissiondrew up programme completing educationalexercisewhichgenerated an openpublic months theentire constitutional Thecommissionspentthe firsttwo planning programme, debatethroughout the country, the commissionembarked on materialsand holdinginternalscminars for the commissioners,andpreparing the exerciseofcoilectingviewsfrom the sub-countiesand the generalpublic in the Thefirsteducationprogrammes to 1991. All the methodology for educating people. May sub-countieswerere-visited,somemore thanonce. People visited commissioners be heldwere at the districtlevel.All 34 districtswere by weremobilised to freelysubmittheirviews. The commissionersthemselves for two All the leaders—both and seminarswereheld for each district days. visited the sub-counties to collect the views of the people.12 of civilsociety and educationinstitutions ‘The of local and national—representatives results the commission’soutreachactivitiesweremostencouraging. attendedtheseseminars.Thiswas attended. A total ofover10,000participants Ofparticularinterestwere the viewsfrom the ordinarypeople at RC I and II, which doubtthat the exercise whichmade an importantnationalcoverage provedbeyond up over 10,000memoranda.Ugandancommunitiesabroad national. The commissioners also received was not only serious but also activelyparticipated in the debate and submittedmemoranda. Apartfrom the and effectiveness of the the suggestions on how to improve organisation UgandaPeople’sCongress(TJPC) as a party,therewas no group in Uganda exercise. thatrefused to participate or had a negativeattitudetowards the constitution- the commission information The In response to the districtseminars prepared makingprocess. submission of memoranda from the variousparts of them in constitutional materials to enlighten the people and guide discussing Ugandaappeared to be fairlybalanced even from areas where there was Threebooklets, issues. The constitutions of 1962 and 1967werereprinted. insecurity. Questions on namely,Guidelines on Constitutionalissues, Guiding Memoranda were constitutionalIssues, and Brochure on Preparation of Studyandanalysis ofviews debate prepared.Thedocumentscontainedthe constitutionalagendaforpublic constitutionalissues Thetask of and the and contribution of views.Theylistedand explained 29 studying analysing submissionsreceivedfrom the public All thesematerials was enormous and but was if the constitution was to on which the views ofthe populationwerebeingsought. challenging, necessary free of to all seminarparticipants, reflect the generalviews of the people.Therefore the commission had to were subsequentlydistributed charge and individuals examine each submission the resistancecommitteemembers and otherorganisedbodies, presented to commission. To do so, many the submissions had to be out translated throughout the country and abroad. The documentssupplemented typed or intoEnglish to facilitatestudy Radio andUganda by all the commissioners. In the viewshad to be under commission’sprogrammes on the mediaespecially Uganda addition, categorised each ofthe nineconstitutionalissues Television in English and local languages. twenty on whichviewshadbeensought. seminars, Jssucs on whichthere was consensus which Afterthe districtseminars, the commissionconductedsub-county or remainedcontroversial also of andscnsitising had to he identified.Additionalresearch and the technical staffhad to andtheseformed the core ofthe entireexercise educating be held in the 782 sub-counties recruited to speed research and of because the people from the grassroots. Theywere up computerisation materials, and the wasmounting to bring the constitution exercise to an end. throughout the country.Throughout this period subsequently, pressure making On issues it was clear from the memoranda that commissionorganisedvariousseminars for institutions of higherlearning many there was a seminarslasted one or two consensus. There was consensus on the issue if it received and for majorsocialgroups in the country.These overwhelming support or rejection in all categories ofthe varioussourcesreceived. Anissue days)° In addition to seminarsorganised by the commission,manyUgandans to educate was supported by a majoritywhen it receivedmajority from all ofvariouslevelsandinterestgroupsorganisedtheirowngatherings support to categories ofsourcesreceived. A controversialissuewasonewhichreceived themselves and enable them to discussconstitutionalissues.Finally, in and an majoritysupport some categories a significantminority in supplementdebatesandseminars in schoolsandcolleges essaycompetition support some or from 01 from 1990 to December 1991. categories one,withstrongminorityopposition all categories. on constitutionalissues was organised May, On thecontroversialand sensitive the channel to the youth in theprocess highly issues, commissionundertook Its objectiveswere to provide an additional a statistical to a ofthe of stimulateawareness,debate and discussion analysis give picture frequency support for the main of making a newconstitution, to understandtheirnational viewpoints on each of the controversialissues in the viewssubmitted. The ofconstitutionalissues,and to encourage theyouth to divided into fourcategories issues on whichstatisticalanalysis was undertakenincluded the of constitution and to respect it. Thestudentswere adoption a nationallanguage,aspects of citizenshiprequirements such as dual fromprimary to universitylevel)1 citizenship;enforcement of humanrights;choice of politicalsystem; Constitution—making and implementation 273 274 (‘onsiitutionalism in Africa restoration of traditional choice of federal form of rulers; or unitary for its deduced the followingtheoretical or philosophicalbases formulating government,choice of electoralsystems,aspects oflegislature,aspects ofthe recommendations: presidency,and the issue ofsafeguardsforthe newconstitution.Thiselaborate should institutionalmechanisms for system of analysingpeople’sviews was put in place to ally fears thatpublic • The constitution provide into account the cultural, viewswould be ignored or riggedout)3 strengtheningnationalunitytaking religious, diversities of The commission first prepareddraftchapters of the reportbased on the regional,gender,class, age andphysical Uganda’speoples. cultural and political constitutionalissuesidentified at the commencement of the exercise.Several • Whiletaking into accountUganda’ssocial, transcendinterests of narrow committeesconsisting of a group ofcommissionerswereformed to carry out diversities, the constitutionshould groups. those residualvalueswhich this task. The draft chapters and recommendations were presented to the • The constitutionshouldidentify Ugandan for the newconstitution. plenarysession of all commissioners anddiscussed.Subsequently, the entire can serve as firmfoundations efforts to for a balance of forces that no one reportwas edited for publication by the commission. It must be emphasised • Thereshould be provide institutionalstructurecanmanipulatesuch that the rccomrnendationswerebased on the views of the people not on the singlesocio-politicalforce or the constitution anddominateothergroups preference of the members of the conunission. The draft constitution was resources as it has to subvert preparedfrom the approved finalrecommendations of the commission. The and structures ordershouldensure that institutionalstructures draft constitution was initiallyprepared by a team of commissioners and • A new constitutional and to a culture of legislativedraftingexperts. The draftwas thendiscussedchapter by chapter arc viable, coherent integrated promote and ultimatesocio-ec000mic and objectives until the final textwas approved. constitutionalism political whichguidefuturedevelopment. be constitutionalmechanisms for ensuringtransferofpower Thedraftconstitution • Thereshould by peaceful and democraticmeans. A constitution is national for the socio-economic and institutionalframeworks have been a long-term strategy • Since the NRMassumedpower, bothshort-term Thereshould be serious politicaldevelopment of a country. But it mustalsoaddress establishedandappear to be gaininglegitimacy. be and mediumtermobjectives. It mustbalancestability and change,idealism evaluation of these to see the extent to which they may integrated be and reality,rights and duties and powers and responsibilities. It must into the newconstitutionalorder.

but but andmustmeetthe come to termswithUganda’s past precise coherent,comprehensive viable, expectations • The new constitutionalordershould for the future.14 of a largemajority ofthepeoplewithoutignoring the interests oftheminority. and present and respond to its aspirations Theseconcernsaffectboth the formand thesubstance ofthe document.Some based on The commission’smandate was to makeconstitutionalproposals of form which the commission faced included how long the challenges there was national the views of the However,while on manyissues constitutionshould be and how much the constitutionshouldcontain. The people. Thecommission consensus,severalothersremained a subjectofcontroversy. secondissuewaswhethertwodocumentsshould be written, one interimand the balancebetweenconflicting had to devise a formulathatwouldstrike right the second The commissiondecided to abandon the idea of an permanent. reconciliation. views in order to promotecompromise and interimconstitution for the transition to in favour of to cater democracy several ofthe constitutional Thefailure to generateadequateconsensus on documentwith interim or transitional drawing up a singlecomprehensive demonstrated the a and seriouspublicdebate apparent also issuesdespite lengthy provisionsincluded in the transitionalchapter. The commission was in unwillingness of Ugandans to compromise. This was not a new feature to a short, constitution in simplelanguage, initiallydisposed writing precise the Munsler whichmade Ugandanpolitics. As long as ago as 1961, Report but due to the vastnumber of constitutionalissuesraised by the people and proposals for the independenceconstitutionobserved as follows: the need to addressthemfilly, it prepared a fairly long draftconstitution. and social life could fail to be Afterstudying the mainsources of informationused by the commission, No one who examinedUganda’spolitical characteristic: The unwillingness to namely the 25,547submissions, the commissionsobservations and analysis disturbcd by one prominent that all Many people in Uganda still have to learn of society,including its culture,commonhistory and aspirations, the past compromise. especiallydemocraticgovernance,dependsupon tJ~.’~e constitutionalarrangements since independer’, and a comparative governm’~’t, com,~rQipise in matters ar ‘ill. and to see otherpoints of view large of constitutionalarrangements of otherco&.jes, the commission wilLjness 0 U

Gonstitutian—~naking and ilnplenzcntation 275 276 Conszitulionalis’n in Africa

the nccd for a Further the very conception of a unitedUgandaimplies it was beenresponsibleforthemistakes ofthepast. In themeantime, proposed wider to whichlocal will fromtime to timehave to loyalty loyalties give withsomemodifications thattheNRM ofgovernmentwouldcontinue way.’~ system and accountable. To strike a compromise to make it moreopen,democratic revolvedaround the of the should be included In 1961 the majorcontroversial issue position the commissionrecommendedthatbothpoliticalsystems The answer that the to kingdom of Buganda in independentUganda. to question in the constitution and that the peopleshouldhave right periodically affected the ultimateconstitutional in the theirchoice referendauntil a consensus largely arrangementsadopted choose a politicalsystem of through constitution. The fact that the 1967 constitutionabolished suitable system. The independence emerged in future on the most permanentpolitical resolved kingdoms and the system of federalism,meant that theseissueswere to be commissionalso recommended that if this issue is not conclusively and the resurrected in the constitutionaldebate but they continued to remain by the ConstituentAssembly, it should be resolved by referendum The faced the commission was to make constitution.’4 contentious. challenge by outcome be incorporated in the new contentiousissues. to the ofUganda recommendations that wouldresolvetheseoutstanding Thereportanddraftconstitutionwerepresented president The dividedbetween those for and the the anddraftconstitutionbecame views were sharply against on 31 December1992.Fromthatday, report the restoration of traditionalrulers. Someviewed the institution of traditional publicwithout the need for furtheraction by government.Subsequently, The constitution to makethemeasily leaders as archaic while others saw the matter as a cultural right. governmentpublished the report and draft constitutionalconirnissionwere commissionrecommended the restoration ofthe institutionwhere the people available to thepublic. Theproposals by the the ofthe constitutional concerned so wished, but with the institutionrestricted to a cultural and receivedwithmixedfeelings.Commenting on report developmental role. It also recommended the return of the properties and commissionPresidentMuseveni has said: The decided sometraditionalinstitutions and assets. government to restore of the views I think the final report was quite representative peoples return their before the draft constitution was debated.~ One properties such as whether or not political because on some of the crucialpoints traditionalinstitution—the of —remains in limbo even at in the Obugabe partiesshouldbecomefullyoperational or not, I knew the opinion the time of what the showed. In fact writing. country to be againstparties, and this is report

wanted — the Theissue ofwhether the form ofgovernmentshould be federal or unitary the Commissionerswatereddownwhat the people people

for a time — but theCommission was also controversial. The monarchistsconsidered it part and parcel of did notwantthereturn ofparties verylong the firstelections return to activity fiveyearsfrom (ehyaffe),‘returning their things’ as it was in the 1962 constitution.Those compromised on a party the Commission was a under the new Constitution. Therefore opposed to this arrangementfearedthatthe 1962scenariowould be recreated held local and internationalpoliticalthinking temporisingforce as far as some wherebysonicareaswouldenjoy this ‘privilege’whileothershadonlyunitary more towardsinternationalthinking was concerned. They gravitated status. The commission’s was to recommenddecentralisation compromise ratherthan the views ofthe people especially on politicalparties reflecting and the devolution of at districtlevel for the wholecountry.Views on powers themselves. the question of nationallanguage were sharplydividedbetweenLuganda in favour ofeach. the andKiswahili.Therewerestrongarguments liowever, of the TheConstituentAssemblydiscussion andadoption commission did not consider it viable to recommend one of them but opted for bothtogetherwith othermajorlocallanguages. 1995constitution The issue whichprovoked the greatestcontroversy in the constitution- is the is The manner in which a constitution finallyadopted by people was the of the politicalsystem. The central issue and makingprocess question fundamentallyimportant in demonstrating the legitimacy,popularity was whether or not the shouldreturn to multipartypolitics. If not, which is force country acceptability of the constitution. A constitution imposed by what should A minority ofthe populacewanted an anddemocratic of politicalsystem operate? cannotformthebasis of a stable,peaceful system governance. immediaterestoration of becausefreedom of association and the must politicalparties Tocommandloyalty,obedience,respectandconfidence, people identify was a fundamental whichcould not be and a ofattachment. politicalorganisation right suspended themselveswiththe documentthroughinvolvement sense or curtailed.Moreover, were not the cause of Uganda’s and the new constitution theyargued,parties The issue of whichbodywoulddiscuss adopt problems. Themajority ofthe peoplewantedpoliticalparties to be suspended the of the commission’swork and was hotlydebatedthroughout period for from 5 to 20 because they thought that they had time the commission was varyingperiods years immediatelythereafter. The legalposition at the Constitution-makingand implementation 277 278 Gonstitutionalism in Africa

establishedwas that the existingNationalResistanceCouncil(NRC) and the functions ofthe commissionerswere to organiscand conductelections for the NationalResistanceArmyCouncil(NRAC)wouldparticipate in theprocess of ConstituentAssembly, to administer its deliberations and to conduct any discussion and adoption of the new constitutionpresumably with other referendumrequiredunder the statute.22 additionalrepresentatives); The constituenciesweredemarcated, the votersregistered and elections

the constitutionalcommission was set candidatewas elected on Thisprovision was madeafter up held on a non-paLtisaubasis. Thismeantthatevery affiliation. butbefore themembers oftheNRChadbeenelected. It wasthereforeassumed his or herownindividualmerit,ratherthan on the basis ofpolitical had the constitution. othersectarian that the membersoftheNRC beenmandated to adopt new Use ofpoliticalparty,tribal or religiousaffiliations or grounds Those thisformulacontendedthat the currentmembershad losttheir conducted candidates against was prohibited.Campaigning was through meetings popularmandateby extendingtheirperiod in thelegislaturewithouttheconsent organised by returningofficers in eachparish in an electoralarea. Theobject and address ofthe electorate.Anotherreasonadvancedagainstthe existingNRCdebating of the meeting was to enable all candidates to meettogether and the constitution was that it consisted of manymembers who had not been voters and answerquestions from them, publicrallies public elected but were simplypresidentialnominees or were historicalmembers demonstrations in support of candidateswereprohibited. from the ‘bushdays.’ It was also pointed out that the election was not by TheCommission forthe ConstituentAssemblyand a number ofaccredited directpopularmandate but by electoralcolleges. The majority ofthe people organisationscarried out civiceducation for voters.The majorshortcoming candidates thereforewanted freshdirectlyelecteddelegates with a specialmandate to in theelectioncampaignwas the use ofcolossalsums ofmoney by discuss the draftconstitution. dictated by demandsfrom the voterswho expected to gain financiallyfrom in Afteranalysing the views of the people, the commissionsubmitted an the elections.Thecandidateswereprepared to spendlargesums ofmoney interimreport on the adoptionprocesswhichrecommended that the draft order to invest for the nextround of parliamentaryelections. JudithGeist Constitutionshould be discussed and adopted by a ConstituentAssembly decried this worryingpracticewhen she stated: of electeddelegates by universaladultsuffrageandinterest Consisting directly unknown to the voterstook a type of mercenaryrationality not previous groupselected by their respectiveorganisations. The mainpurposebehind Ugandanelections. Whilealarming to many, this is more a rational thisrecommendationwas to ensurethatthe futureconstitutionalorderenjoyed calculusthan the response to strictlysectarianappeals that plagued past a wide of the forces and of the degree acceptabilityamong politicallysignificant elections. It carries its own problems. Personselectedbecause that all in the of the to discuss and decide social forcesshouldparticipate process adopting depth of theirpockets may not be best equipped constitution to dispel fears of manipulation or rigging the process and to constitutionalissues.2” establishpermanentbases for the legitimacy of the new constitution. The internationalobserver The elections were held in March 1994. Local and and embodied them in the governmentaccepted these recommendations monitor the electoral to groups were invited by the government to process Constituent Statute I 993~”whichwas after Assembly passed strongopposition observerscamefrom 18 ensure that it was free and fair. The international fromthemembers oftheNationalResistanceCouncil. TheStatuteestablished countries and organisations. The overallassessment by the observers was a Constituent whosefunctionswere to debate Assembly basically scrutinise, likefailure to thatdespitesomeadministrativeweaknesses adequatelydisplay andprepare a finaldraft oftheconstitutionaltextand to enactandpromulgate the resultsreflected the registers, the electoralprocess was free and fair and a newconstitution for Uganda)9 democraticchoice of the people of Uganda. The electionsrepresented an The commissionwas to complete its workwithin 4 monthssubject to an made the important step towardsdemocracy. The OAUreport following extension of not more than 3 months. Thatextension was foundnecessary conclusionabout the process: and given. The delegates to the ConstituentAssembly(CA) 20 numbered there internationalobservers were of the opinion that even though 288 in all and weredrawnfrom a cross-section of dominantpoliticalforces All violations of the electoral laws, the weresomeinadequacies and minor in Uganda.2~ The CA composition not onlyensureddirectrepresentation of and that the conduct of electionswereadministrativelywell conducted the but it also broad ofvariousinterest population sought representation groups This is so the electionswasdone in an open andfairmanner. remarkably whichcouldotherwisehavebeen leftoutthroughdirectelections. Theresult considering the background ofthe 1980reportedlyriggedelections.There was a large andcostlyassembly. Thestatute alsoestablished a commission and to was no e”’lence of deliberate systematicattempt influe,p.c.n,the P~ie CA consisting of a Commissioner for the Co’ tuentAssembly and outcom&~)lter the results of the elections. The calm atmosp~ ~at ,,.leputiesappointed by the president on the advi of the cabinet. The U

Goiistituiion-making and implemeniation 279 280 Co,istitutionalisrn in Africa prevailed on polling day and the cxtraordinarily good behaviour of all andparliamentaryelections to be held on the concernedencouragedpeople to Vote and was the factorthatunderpinned sameday, but failed to getmajority on bothissueshad the highturnout.Generally, the electionscan bc considered as a reflection walkedoutoftheassemblyandthenreturned. Thesecond issue of the politicalchoice and aspirations of the people of Uganda. The high was resolved after delegates had been sent to their constituencies for sense of participationshown by Ugandans is highlycommendable.24 consultations. The CA establishedseveral NelsonKafir has also observedthat: committees to facilitate its work. The most important were the BusinessCommittee and the Legal and Drafting the ConstituentAssemblyelectionscould lay claim to being the most Committee. The latter dealt with the content and text of the constitution, free and fair of Ugandansthroughnation wide elections since and assisted in wordingandsynchronisingconstitutionalamendmentsduring independence. But the elections also a a posed challenge by adding the debate. Thedebate progressedthroughseveralstages. The firstwas the transitionalstage in the struggle for power and the return to democracy generaldebatewhereeach ofthe addressed the that will be concluded with the elections to a new Parliamentunder the delegates assembly. Thiswas intended to heal wounds of the minimise rules set by the Constitutionproduced by the ConstituentAssembly. At past, mistrust,build confidence between and the foundation for stake are thequestionswhetherthe NationalResistanceMovement(NRM) delegates lay reconciliation,mutualrespect and consensus. The second will be the dominantpolitical force in the years to come and if it is so was the considerationstagewhere the CA began it the maintask whether will radicallyrestructureUgandanpolitics as it had promised ofdebating the constitutionchapter by chapter.Initially, all the when it emergedtriumphant in 1986from its fiveyearguerrillacampaign discussions were to take planned place in plenarysession. But it was soon to overthrow the government.25 realised that the plenaryse~sions were too slow and this necessitated the formation of five selectcommittees On the whole, the quality of delegates and the debates in the CA was high. to handlespecificchapters of the draft constitution and to submit to the There was a mixture of old and youngpoliticians as well as persons who reports generalplenary for consideration. This merelywanted to participate in thediscussionandadoption oftheconstitution. strategygreatlyexpedited the work ofthe assembly. Severalcaucuseswereformed Thereweresonicwhosecontributionwashoweverminimaldue to the nature to organisesupport forvariouspositions in thedraftconstitution. Themainoneswere the of the subjectmatter. TheNRMhadmorethan two thirds ofthe delegates in NationalCaucus forDemocracy (NCD), theNRMcaucusand the Caucus. the assembly. The assembly had a chair and a deputynominated by the Buganda NCDbecame theprincipal for the immediate presidentand elected by the delegates ofthe assembly at its firstsitting. The platform restoration of multi-partypolitics. The NRM caucuswascommitted to such delegatesweresworn in on 12 and 13 May1994andcommencedbusiness on blocking immediaterestoration andadvocated May 18. a no-party(Movement)system ofpolitics for the time being. The Buganda caucus was devoted to the restoration The assemblyprepared and adopted its own rules of procedure.26 The of federalism and the consolidation of in quorum ofthe assembly wasagreed at halfthe members. The CA used to sit monarchy l3uganda. After 16 months ofdebate the for 32 hours a week. Decisions by the assemblywere to be by consensus as constitutionwasenacted by the Constituent on 22 1995. It far as possible.Whereconsensuswasnotobtained thematterwould be resolved Assembly September waspromulgated by the assembly in the ofthe and the members by voting. Themotionwould be carried if it obtained the support ofnot less presence president oftheNRC on 8 October1995. It is worthnotingthatmorethan 80 cent ofthedraft thantwo-thirds ofthe delegatesvoting.Thematterwasregarded as contentions per constitutionwasadopted. ButtheCAdidnothave thebenefitofofficial of if the motionwas supported by the majority of delegatesvoting, but did not representation thecommission to present the in order to them nor obtain the requiredtwo-thirds. A contentiousmatterwould be referred to the proposals guide did they have any white paper or government on the draftconstitution.These ministerwho wouldpresent it to the nation for resolutionthrough a national position omissionscould havecontributed to the acrimoniousdebates that took thus referendum. Most of the issueswereresolved by consensus or voting and place prolonging the of of the constitution. onlytwoissuesprovedcontentious.Thesewere the provisionsrelating to the process adoptipn ~ movementpoliticalsystem and referendum on politicalsystems and the question ofholdingpresidentialandparliamentaryelections on separatedays. Challenges in implementing the newconstitution The first issue was resolved after delegatessupporting the clauses on the A constitution is neitherself-enacting nor movementandreferendum on politicalparties to be deletedandthepresidential self-executing. Making a constitution is one thing and implementing it is quite another. The of a new constitution implementation poses seriouschallenges to the Constituiion-tnaking and implementation 281 282 Co,~stituiionalis,,i in Africa government as well as the people to harness the letter and spirit of the the Parliwnenta,yElections(Interim Statute 1996. The two Constitution and to advance the democraticprocess and the socio-economic Provisions,) electionswere to be held well-being of the people. In order to implement the constitution,appropriate separately. The constitutionprescribed the manner in which the Presidentwould be democraticinstitutions must be establishedthroughwhich the peoplemust elected, the qualifications forofficeand theprocedure fornomination.Article exercisepowerdirectly or throughtheirselectedrepresentatives.Democratic 103(1) of the 1995 Constitutionprovides that the ‘Election ofthe President values and practice must be fosteredamongst the population to empower shall be by universaladultsuffragethrough a secretballot.’ ThePresidential them to activelyparticipate in theirowngovernance.Implementing a constitution Elections(InterimProvisions)Statute1996providedforthemaunerof is an expensiveenterprise.Thereforeadequateresourcesmustbe madeavailable holding ofpublicmeetingsandfacilitation oftheelections.Presidentialelectionswere to facilitate the building ofstrongdemocraticinstitutions and pillars ofstate. held on 9 May 1996. Theturnoutwasestimated at 79 cent ofthe Appropriatepoliciesmust be put in place to stimulate and promotesocio per registered voters. Theelectionswerewon by PresidentMuseveniwith74.3 cent of economicdevelopment by attractinglocalandforeigninvestmentand to enable per the votes, Dr.PaulSemogerere of the DP with23.6 per cent and Mr Kibirige the peopleimprove the quality oftheirlives.Governmentmustalsocreate an Mayanjawith 2.1 percent.Theelectionwasviewed by bothlocalandinternal enablingatmosphere ofpeaceandsecurity to promote theprotection ofbasic observers as free and fair and therewere no the humanrightsandtherule oflaw. petitionsagainst successful candidate.3° Thenextchallenge was to organiseparliamentaryelections.The The greatestinitialchallenge that facedimplementation of the new constitutionprescribed the composition and differentmode of electingeach constitutionwas the orgailisation of the presidential,parliamentary and local categoryofmernbersoftlielegislature.Thereweredirectlyelectedmembers to governmentelections to return the country to democratic rule after a long representconstituencies to be electedbyuniversaladultsuffrageand secret period of disenfranchisement It must be observed that the constitutiongave by ballot.Womenrepresentatives for each district, and representatives of the the mandate to the NRMgovernment to manage this transitionalprocess. army,youth,workers andpersonswithdisabilitieswere to be determined by Elections are an indispensablepre-requisite to democracy. The constitution parliament.3’ TheNRCdecidedthat the armywouldhave 10 representatives, vests all power in the hands of the people who must be governedthrough threerepresentativesforworkersandfiverepresentativesforeach oftheyouth organscreated by the constitution only withtheirconsent. As JudithGeist and withdisabilities. observes, persons Theprocedure forelections ofthesespecialinterestgroupswasprescribed An electionaddresses the issue ofperiodicreaffirmation of or alteration in by the minister of state for constitutionalaffairs.Theywere to be elected by the presentation of the public in the institutions of policymaking and their respectivenamedorganisations. The commission had to appoint governance.E~lcctionsconferlegitimacy on governments by providing a returningofficers for the elections. The country was divided into 214 chance for the citizenry to alterthe composition ofthe government.They constituencies for directlyelectedmembers, and there were 39 electoral can also providechannels for citizen input on policyissuesdirectly, colleges for women. The elections were held on the basis of the throughreferenda, or in the extreme case to alter the nature of the no-party on an individualbasis. There governmentitself,throughconstitutionalexercises.21 system were 862 candidates for the 214 constituencies.Thecampaignperiodwas 45 daysandbasedonjointmeetings. The new constitutionpreserved the NRMgovernment as the transitional Electionswere held on differentdates for differentspecialinterestgroups. governmentand it was to remain in powerfrom the time ofcomingintoforce Although the electionsweregenerallyfreeandfair, therewereallegations of of the new constitutionuntil a new government was elected in accordance intimidation by candidates or theiragents, use of abusivelanguage and the with the new constitution. The government was required to exercise its ferrying of supportersfrom onepoint to another. The internationalobserver functionswithsuchmodifications as to bringthem into conformitywith the groupnotedsome shortcomings on polling day includingcanvassing by newconstitution.28 Thegovernmentwasmandated to makelaws to establish individualcandidates, lack of screensaroundballotmarkingtables thus an interimelectioncommissionwhosecomposition,appointmentandfunctions affectingsecrecy,illegalcards,andsomedistrictofficialsactivelysupporting were to be in conformitywith the newconstitution, to makeinterimlaws for particularcandidatesespecially in the Northern and Westernregions, But elections, andtribunals fordetermination of andappeals.29TheNRC disputes theyconcluded, enact~4~henecesuirylegislations to regulatethe organisation oftheelections. Theelections crvedfrom24” to 28”'Junewere Thei re the PresidentialElections(Interim 1996 and w,~ transparent.Despitr~.. Provision~jtute the deficienciesL.)wehaveoutlined, the InternationalObserverGrou, and implementation 283 Constitution-making 284 Constitutionalism in Africa

believes that true Parliamentaryelections mark a furtherpositive step amongst the diversegroups and communities so as to buildcompromises on within the transitionprocess in Uganda.32 issuesthatdivideus. In so doingwe mustdevelopdemocraticvalues oftolerance Localgovernmentelectionsformed the last stage in the electoralprocess to of diverseviews, a spirit ofcompromise,acceptance ofmajorityviewswhile return the country to democraticgovernance in accordance with the new respecting the minority, and the settlement ofdisputes by peacefulmeans. constitution.Theseelectionswereconducted over a period of nine months Some areas whichrequirereconsideration and wheredialogueshould fromAugust1997 to April 1998. Theelectionswere the firstmajoractivity continueinclude: theformation of a nationalgovernment (orgrandcoalition), undertakenby thepermanentElectoralCommission sct up in November1996, introduction of proportionalrepresentation,coexistencebetweenmovement and wereconductedaftertheenactment oftheLocalGovernmentAct I 997,n and the multipartypoliticalsystem and the future of the movementsystem, Theprocess ofelectionwasnotsimilarfor all units oflocalgovernment.Secret federalism or quasi-federalism, some aspects of land, issues in the bill of ballot was used for higher level namely for district/city and municipality rights like the deathsentence, the size and composition of parliament, the chairpersons and councillors otherthan for specialinterestgroups, and the right to censor or recallmembers ofparliament, the number ofconstitutional method of queue-voting was deployed for the election of chairpersons and bodies, theeffect oftheTreatyforEastAfricanCo-operationon theconstitution councillors of units at the sub-county level and below. Organising such and the cost of implementing the constitution. This may call for another electionsthroughout the country was a big challenge to the Electoral constitutionalreview. Let me concludewith the words ofPresidentMuseveni Commission. It had to carryoutthedemarcation ofelectoralareas,trainofficials, at the opening of the ConstituentAssembly: carry out votereducation and updatevoterregisters. We must ensure that our politicalinstitutionsspring from our social structure. If we are to develop, we must evolveconstitutionalmodels Conclusion which liberate us from our backwardness. We must modernise our societies and lay the foundation for industrialisation. We cannot constitution is influenced what has in the It is also Every by happened past. modernise,industrialise or developwithoutcreating an appropriate affected by the presentsituation and by people’saspirations for the future. institutionalframeworkwithin which to work. It is the historic The constitution-makingprocess in Ugandaattempted to addressUganda’s responsibility ofthisConstituentAssembly to set our country on the path and future in light of its past history and more recentdevelopments. The to development prosperity.34 constitutionalframeworkarrived at wasbased on the views ofthe and people TheConstituentAssemblycompleted its historicmissionoverfiveyearsago. generallyreflected the nationalconsensus of the people of Uganda. The It is now the politicalchallenge of the governmentand the people ofUganda, constitutiontherefore a of and enjoys highdegree acceptability legitimacy. to committhemselves to internalising,upholding and defending the This is not to that there be someshortcomings in the document. deny may constitution by creating and sustaining a culture of constitutionalismamong has succeeded in the Nevertheless, the constitution definitely delivering thepolity. countryonto the constitutionalpath—afirmbut longjourney to democracy. Many that the constitutionwouldsolve all theirsocial, peopleexpected Notes economicand Thiswasone ofthe forcesbehind politicalproblems. motivating I. See,HansenandTwaddle(1994);Hansen andTwaddle(1992):Mukholi(1995),andOdoki the high response and full participation in the constitution-makingprocess. (1993).

introduction see Mutibwa Hansen and Twaddle The peopleexpected the constitution to serve their needs,interests and 2. Forahistorical to Uganda, (1993); (1988), andMuseveni(1997). aspirations.Theyexpect the constitution to promote the principles of unity, 3. Museveni(1990): 20- 21. social and that peace,equality,democracy,freedom, justice progress so they 4. Sec furtherWaliggo(l994): 18. maylive in peace andprosperity. In particular the governmenthas a fiduciary 5. UgandaConstitutionalCommission(UCC)Statute1988,Section 2. Museveni 193. duty to ensure that the constitution is upheld and implemented in a creative 6. (1997): 7. UCC Statute,section 5. and dynamicmanner so as to improve the welfare of the people. The 8. Ibid.,section 4. constitution is a instrumentwhich must amendment living growthrough 9. The programme was divided into six phasesnamely, and interpretation by the courts.Thereforeconstitutionaldevelopmentmust (I) Planning,publicity, and internalseminars; Education of the and discussion of constitutional issues; be an ongoingexercise. We must continue the dialogue and consultation (2) people (3) Collection of the people’sviews; Consti(uiioJ;_~):akj,,gand i”:ple’?len(a(jo,, 285 (4) Analysis and study of the views: 286 C~’onstitutiona/i,c,n ii: Africa (5) Reyjew of the Coflstitution and conipaJ-ativ,~study of (6) Preparation of eoflstitutI~ns; the final report and draft 22. Ibid., sections 20 — 24. 10. Seminars Constitution. Were organised for the 23. Geist (1994).op.cil.. 90. followinggroups and institUllons: the Society, the police, the Uganda Law 24. Sec of Constituent elections 1994,Commission br thc Constituent prisons, the youth, lhc Report Assembly medical women,pcrmane,~secretaries doctors, and nurses, AssemblyMay1995:332. engineersmanufacturers political teachers lesder~,n5tional 25. Kasfir, 148. colleges,theologicalcolleges and II. A nattonal of total of5844 colleges commerce. 26. The Consgi(ue,,( (Ruics tnstru,ne,,g 1994 S.I 174 of 1999. essayswerereccivcdfrom all Assenth(y ofProcedurç) 12. ovcrthc As a result the country 27. Guest. 90. commissionreceived the opel,.. fOllowingsubmissionsfrom interest and RCs indivirJuals, 28. ArLiclc2h3. and educationalseminars groups (a) District reports: 29. Article264. seminarreports 33 (b) Institutional 30. See generally the Report ofthe Presidential and ParliamentaryElections 1996Electoral seminarreports (c) 53 Commission,Kampala. Sub-countyseminarreports 813 31. Article 78. (d) individual’smemoranda 2,553 32. ofthe Presidential and I 153. (e) Group memoranda Report ParliamentaryElections, 996~op.ci. 839 33. AclNo.l of 1997. (1) RC 5 meffloranda 36 34. Musercni, (I 997).rupra 194. (g) RC 4 memoranda 14 (h) RC 3 memoranda 564 (i) RC 2 memoranda References 2,225 Ci) RC I memoranda 9,521 Geist,Judith(1994)‘PoliticalSignificance of the ConstituentAssembly (k) Essay competition 5,844 Elections’ in 11.8 and M Twaddle Order. (I) Newspaperarticles Hansen, (eds.)FroitiC/taos to 2,763 (m) Positionpapers The Politics of constitutionmaking in Uganda,Kampala:Fountain 290 Total Publishers. 13. The listofall and persons organisalionswhichsubmitted H.T3 and M. Twaddle From O:aos Order. ThePolitics statistical views to the commissiois Hansen, (1994), to of analysiswere and the published in onevoltjn,e ofthe lnde~ of commission’sfinal constitutionntaking in Uganda,Kampala:FountainPublishers. Sources ofPeoplesViews. reportentitled 14. UCCrcport,.~. and M. Twaddle;(1992)C’hangingUganda,Kampala:Fountain

______IS. Quoted by Waliggo(l994)op.cit., at 38. Publishers. 16. See Constit~ti0fl (Amendment)Statute 1993 and Twaddle(1988) Uganda Now: ~etwee,sDecay and No.7 of 1993, and Traditional (RestitutionofAssetaand Rulers PropertiesStatute 1993(No.8 of FountainPublishers. 17. StatuteNo.1 1993) Development.Kampala: of 1989,Scclion 1413. Kasuir,Nelson Politics and the Constituent 18. StatuteNo.6 of 1993. (1994) ‘Uganda Assembly 19. ibid.,section 8. Elections of March 1994’ in Pro,,, c/taos to Order The Politics of 20. ibid.,section 4. ~omtittuiomt—mizakimzg in Ugamida.Kampala:FountainPublishers. 21. (1) Directlyclecteddelegatcafromelectoral Mukholi,David(1995) .4 GompleteGuide tu Uganda ‘.c Fouri/tcon.stittttia,:. (2) areas 214 Represeflbtjvesfromspecial interestgroups as follows: Kampala:FountainPublishers. (a) Onewoman delegatefromeachdistrictelected Y. K. the Mustard London:Macmillan by electoralcollege ofRC Ill Museveni, (1997)Sowing Seed, Counejllors and WomenCouncils 39 Publishers. (b) NationalResistanceArmy (c) TradeUnions 10 Museveni,Y.K.,(1990)Miss-ion to Freedom:UgandaNationalResistance (d) Two 2 membersfromeach ofthe News 198/ —/985, NRMSecretariat. politicalpartieswhich Kampala: participated in the 1980 GeneralElectionsnamely: Mutibwa. P.M. (1993) Uganda SinceIndependence,Kampala:Fountain (1) TheConservativeParty 2 Publishers. (ii) DemocraticParty Odoki, B. J. (1993)‘Writing a DemocraticConstitution’EastAfricanJournal (iii) UgandaPalriotjcMovement 2 Peace ti,:dHuman (iv) UgandaPeoplesCongress of Rights. (3) The 2 NationalYouthCouncil Waliggo, John Mary (1994) ‘The Constitution-makingProcess and the 4 (4) TheNationalUnion of the DisabledPeoples of Politics ofDemocratisation’ in FromC/taos To Order: ThePolitics of (5) Ten Uganda delegatesappointed by the President on the advice ofcabinet 10 Constitulio;tmaking in Uganda.Kampala:FountainPublishers,

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