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• Summary
• Principles
• Case for Federalism
• Federal Units
• The Executive
• The Judiciary
• The Legislature
• The Electoral Commission
• Taxation Model
• Economic Model
• State Relations
• Position of Kampala
• Social Services
• Traditional Institutions
• Armed Forces
• Implementation Model
• FedsNet Submission

I. Government shall be structured at national, provincial or/and local levels.

 

II. At each level of government there shall be democratic representation. This principle shall not derogate from the provisions of Principle XIII.

 

III. Powers and Functions

 

 

1. The powers and functions of the national government and provincial governments and the boundaries of the provinces shall be defined in the Constitution.
2. The powers and functions of the provinces defined in the Constitution, including the competence of a provincial legislature to adopt a constitution for its province, shall not be substantially less than or substantially inferior to those provided for in the Constitution.
3. The boundaries of the provinces shall be the same as those agreed upon at the sovereign federal conference.
4. Amendments to the Constitution which alter the powers, boundaries, functions or institutions of provinces shall in addition to any other procedures specified in the Constitution for constitutional amendments, require the approval of a special majority of the legislatures of the provinces, alternatively, if there is such a chamber, a two-thirds majority of a chamber of Parliament composed of provincial representatives, and if the amendment concerns specific provinces only, the approval of the legislatures of such provinces will also be needed.
5. Provision shall be made for obtaining the views of a provincial legislature concerning all constitutional amendments regarding its powers, boundaries and functions.
6. After thorough negotiation and consultation, the provinces themselves should alter the internal provincial boundaries.

IV. The powers and functions at the national and provincial levels of government shall include exclusive and concurrent powers as well as the power to perform functions for other levels of government on an agency or delegation basis.

 

V. Each level of government shall have appropriate and adequate legislative and executive powers and functions that will enable each level to function effectively. The allocation of powers between different levels of government shall be made on a basis which is conducive to financial viability at each level of government and to effective public administration, and which recognises the need for and promotes national unity and legitimate provincial autonomy and acknowledges cultural diversity.

 

VI. The following criteria shall be applied in the allocation of powers to the national government and the provincial governments:

 

1. The level at which decisions can be taken most effectively in respect of the quality and rendering of services, shall be the level responsible and accountable for the quality and the rendering of the services, and such level shall accordingly be empowered by the Constitution to do so.
2. Where it is necessary for the maintenance of essential national standards, for the establishment of minimum standards required for the rendering of services, the maintenance of economic unity, the maintenance of national security or the prevention of unreasonable action taken by one province which is prejudicial to the interests of another province or the country as a whole, the Constitution shall empower the national government to intervene through legislation or such other steps as may be defined in the Constitution.
3. Where there is necessity for Uganda to speak with one voice, or to act as a single entity - in particular in relation to other states - powers should be allocated to the national government.
4. Where uniformity across the nation is required for a particular function, the legislative power over that function should be allocated predominantly, if not wholly, to the national government.
5. The determination of national economic policies, and the power to promote interprovincial commerce and to protect the common market in respect of the mobility of goods, services, capital and labour, should be allocated to the national government.
6. Provincial governments shall have powers, either exclusively or concurrently with the national government, inter alia -
   1. for the purposes of provincial planning and development and the rendering of services; and
   2. in respect of aspects of government dealing with specific socio-economic and cultural needs and the general well-being of the inhabitants of the province.
7. Where mutual co-operation is essential or desirable or where it is required to guarantee equality of opportunity or access to a government service, the powers should be allocated concurrently to the national government and the provincial governments.
8. The Constitution shall specify how powers which are not specifically allocated in the Constitution to the national government or to a provincial government, shall be dealt with as necessary ancillary powers pertaining to the powers and functions allocated either to the national government or provincial governments.

VII. The national government shall not exercise its powers (exclusive or concurrent) so as to encroach upon the geographical, functional or institutional integrity of the provinces.

 

VIII. In the event of a dispute concerning the legislative powers allocated by the Constitution concurrently to the national government and provincial governments, which cannot be resolved by a court on a construction of the Constitution, precedence shall be given to the legislative powers of the national government.

 

IX. A framework for local government powers, functions and structures shall be set out in the Constitution. The comprehensive powers, functions and other features of local government shall be set out in parliamentary statutes or in provincial legislation or in both.

 

X. The national government and provincial governments shall have fiscal powers and functions, which will be defined in the Constitution.

 

XI. Each level of government shall have a constitutional right to an equitable share of revenue collected nationally so as to ensure that provinces and local governments are able to provide basic services and execute the functions allocated to them.

 

XII. A Financial and Fiscal Commission (Exchequer Board), in which each province shall be represented, shall recommend equitable fiscal and financial allocations to the provincial and local governments from revenue collected nationally, after taking into account the national interest, economic disparities between the provinces as well as the population and developmental needs, administrative responsibilities and other legitimate interests of each of the provinces.

 

XIII. Traditional Leadership

1. The institution, status and role of traditional leadership, according to indigenous law, shall be recognised and protected in the Constitution. Indigenous law, like common law, shall be recognised and applied by the courts, subject to the fundamental rights contained in the Constitution and to legislation dealing specifically therewith.
2. Provisions in a provincial constitution relating to the institution, role, authority and status of a traditional monarch shall be recognised and protected in the Constitution.
3. The provinces shall define the powers and functions of traditional leaders.

XIV. The diversity of language and culture shall be acknowledged and protected, and conditions for their promotion shall be encouraged. The national government should be allowed to 'encourage' states to promote other languages other than the local indigenous language(s).

 

XV. Collective rights of self-determination in forming, joining and maintaining organs of civil society, including linguistic, cultural and religious associations, shall, on the basis of non-discrimination and free association, be recognised and protected.

XVI. The Constitution of Uganda shall provide for the establishment of one sovereign state, a common Ugandan citizenship and a democratic system of government committed to achieving equality between men and women and people of all ethnic groups.

 

XVII. Everyone shall enjoy all universally accepted fundamental rights, freedoms and civil liberties, which shall be provided for and protected by entrenched and justiciable provisions in the Constitution, which shall be drafted after having given due consideration to inter alia the fundamental rights contained in Chapter 4 of the current Constitution.

 

XVIII. The Constitution shall prohibit racial, gender and all other forms of discrimination and shall promote racial and gender equality and national unity in diversity.

 

XIX. The legal system shall ensure the equality of all before the law and an equitable legal process. Equality before the law includes laws, programmes or activities that have as their object the amelioration of the conditions of the disadvantaged, including those disadvantaged on the grounds of ethnic group, colour or gender.

 

XX. Every member of the security forces (police, military and intelligence), and the security forces as a whole, shall be required to perform their functions and exercise their powers in the national interest and shall be prohibited from furthering or prejudicing party political interest.