Approved Buganda Proposals to CRC, 2003

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PART D: SUMMARY OF RECOMMENDATIONS AND CONCLUSION TO THE SUBMISSION:

The Federal System of Government:

The people of Buganda have recommended that:

1.    The federal system of government is the only form of government that will ensure more rapid development for the people of Uganda as well as lasting peace for Uganda. We strongly recommend it for every one.

2.    The federal system of government should be introduced for those districts whose people so desire it. The districts of Buganda, that are set out in the First Schedule to the 1995 Constitution (now including Kampala District), and that are deemed to have come together in co-operation under Article 178 of the 1995 Constitution should now be deemed to have come together to form the federal region of Buganda.

3.    The door should be left open to allow any other districts in Uganda to come together to form federal states or to join existing federal states as and when the people of those districts so desire.

4.     In the alternative, the people of Buganda have proposed that federal regions be established on the basis of four regional provinces; Northern, Eastern, Western and Buganda (Central) regions.

5.    The rights, and responsibilities of the federal regional governments should be enshrined in the Constitution as outlined in this Report, and should only be altered with the consent of two third’s majority in both the relevant federal regions’ and national legislatures.

6.    Decentralisation should continue in all areas of Uganda, except that where there is a federal regional government, this decentralisation should start at the regional level downwards (and not from the Central Government level downwards as is practiced under a unitary system).

7.    The financial arrangements between the Central Government and the federal regions should be spelt out in the National Constitution and should only be altered with the consent of not less than two-third’s majority of both the relevant federal state’s and national legislatures.

8.    Each federal state should have a federal regional constitution, which is in conformity the National Constitution, and which should be deposited with the Speaker of the National Assembly within two months of its promulgation.

Kampala District:

1.    Kampala District should be among the districts the make up the federal region of Buganda. The National Constitution should include express provisions that show that no state or persons shall have any right to evict the Central Government from any federal region in the Country.

Land Matters:

The people of Buganda have recommended that:

1.    The 9,000 square miles of land which were unlawfully taken away from the Kingdom of Buganda should be returned and restituted to the Kingdom. It should be owned and controlled by the Kingdom of Buganda and not the district land boards as the Constitution currently provides. There should also be constitutional safeguards to protect the interests of third parties whose rights have now already vested in this land.

2.     The Constitutional provisions relating to security of occupancy to “bonafide” and “lawful” occupants should be repealed, and a more balanced position should emerge that meets the constitutional standards on property as set out in Article 26 (2) of the Constitution.

The status, immunities and privileges of traditional leaders:

The people of Buganda have recommended that:

1.    Traditional leaders should be exempt from direct personal taxation, as was the position under the 1993 Constitutional (Amendment) Statute[1] which introduced these direct personal tax exemptions for traditional leaders upon their reinstatement in Uganda.

2.    Traditional leaders should be immune from criminal prosecutions.

3.    Traditional leaders should take precedence over all persons at state events held in their traditional areas, save the President and Vice President.

The justifications for all the above recommendations have been outlined in the body of this Report.

These recommendations have been made by the people of Buganda in good faith and they believe that they are in the public interest of all the people of Uganda as a whole.

When implemented, the people of Buganda believe that these recommendations will lead to durable peace, stability and sustainable development in Uganda.

[1] Section 3 of the Constitution (Amendment) Statute 1993 (7/93)