264 ConstiiuIioaalis,,i ii, Africa 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 Uganda 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 Hamites 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 Baganda 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 Kampala. 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 Buganda 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,president of Uganda 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