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A Possible Federal Constitution for Uganda |
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Foundation
for African Development Seminar held at Pope Paul VI Memorial Community Centre, Lubaga, May, 9 - 10, 1991 Resolutions 1.0 Civil Service 1.1 Realising that the traditional negative role and
attitudes of civil servants in government has contributed to the
break-down of law and order, the violation of the Constitution; the
deterioration of standards of work in the civil service and in the
public sector generally and to corruption in all areas of society, it is
very strongly recommended that both legislative and policy reforms be
instituted and fervently pursued by Government. 2.0 Code of Conduct Each federal state should have a Code of Conduct for leaders who would hold public office to oversee the behaviour of the leaders both in public and private life. All the codes should be in conformity with the National Code of Conduct. 3.0 Government Violation of the Constitution There should be a provision that Government has the express duty to observe all the Fundamental Rights in the Constitution - that any person who feels that Government has defaulted should be able to go to a constitutional Court to seek a declaration from Court and other appropriate remedies. The Court should have the jurisdiction to shorten the declaration of state of emergency and make any appropriate order in order to make Government accountable. 4.0 Units of Local Government and their Powers 4.1 The unit of Local Government should be the
Districts as currently constituted. But where a group of districts opt
voluntarily to bind together and form a larger Local Government unit,
they should be permitted to do so. 5.0 Social Values The Constitution should expressly identify the worthy social values and norms of behaviour and generally provide for their preservation and promotion and this regard, the propagation of a situation of mutual respect and tolerance of our various cultural institutions. 6.0 Land 6.1 Realising the vital role land plays in national
and individual economic development, and its significance in our
culture, noting, at the same time, the uncertain government policy
regarding the future of land tenure in Uganda; being deeply concerned
that this government policy is not only contrary to the human rights
guaranteed by the Constitution to the citizens of Uganda but it is also
already causing destabilisation and unhappiness in our society, we
strongly recommend that land policy decisions and their implementation
should be left only to the federal states concerned. 7.0 Fiscal Policy 7.1 The national constitution should provide for the
basis of a fiscal policy to be followed by the federal government, in
particular in connection with the revenue of the nation as a whole and
that of the states collectively and in certain cases individually and
for facilitating their economical development. 8.0 Human Rights and Freedoms 8.1 The constitution should continue to carry a
chapter on the fundamental human rights and freedoms and, in the
furtherance of these rights and freedoms, the Constitution should: 9.0 Form of Government Uganda should be a Federal nation with equal status for all the states that form Uganda. 10.0 Multi-Party System 10.1 The seminar emphasises the fundamental freedoms
of assembly and association and expression. For this reason we recommend
that multi-party system should be enshrined in the Constitution. 11.0 Education 11.1 Primary education should be based on local
environment. 12.0 Traditional Institutions Accepting the fact that traditional institutions form the character of the people and, as such, they are part and parcel of their life in all its essential aspects; believing that decisions regarding the existence and future of these traditional institutions fall within the people's right of self-determination, it is hereby resolved that the future of traditional institutions, including their maintenance, where applicable, should be left to the societies wherein such given institutions exist. 13.0 Judiciary 13.1 The highest court in the land should be
constituted in such a way that all states are represented in its
membership (of the judges). 14.0 Reforms in the 1962 Constitution 14.1 In order to stop the instability arising out of
the struggles of the Bamba and Bakonjo for autonomy, it is recommended
that a referendum be organised for their self-determination of this
issue. 15.0 Federal Form of Government - In view of our various cultural and traditional
characteristics having fundamental and dynamic significance in our life,
cultural and socio-economic development. 16.0 Wastage of Public Funds In order to avoid undue expenditure of public funds and misuse of public facilities, conducting of government or official functions or activities in private and personal residences should be avoided. 17.0 Social Services 17.1 Information 18.0 Social Values and Norms of Behaviour The Constitution should expressly identify the worthy social values and norms of behaviour and generally provide for their preservation and promotion and in this regard, the propagation of a situation of mutual respect and tolerance of our cultural institutions. 19.0 Security Forces The seminar fully recognises the fundamental role the security forces have in the maintenance of security, stability and law and order in society. It is therefore recommended that security forces should be identified with the people right from village level; their various roles should be demarcated; and schemes should be established for security forces to contribute to their upkeep and welfare so as to minimise public expenditure on them. 20.0 Constituent Assembly 20.1 Each proposed federal state should be represented
by delegates chosen by the state democratically to debate and finally
enact the constitution. |
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