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.
1.2 Retiring age should be 65 years

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.
4.2 Only residual powers should be passed to Central Government e.g. External Relations, Defence, Internal Security, Finance and Banking etc.

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.
6.2 The Busuulu should be revived and retained for determination and security of ownership of land in a federal state.
6.3 Except for urban land, local people and local councils should be accorded a Constitutional Right in determining the disposal of land.

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.
7.2 (a) Federal states should establish reserve funds and maintain the same in the Central Bank.
7.2 (b) Legislative measures should be instituted whereby the Central Bank would regularly publicise the situation of the federal state financial reserve funds.

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:
(a) Provide for the protection of law against discrimination on account of one's gender, and
(b) Include those rights and freedoms embodied in those international conventions to which Uganda may be a party.

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.
10.2 Multi-Party Policies and Religion
Whereas we strongly recommend multi-party politics, we deplore the association of religious and ethnic affiliations with it.

11.0 Education

11.1 Primary education should be based on local environment.
11.2 Public examinations should be administered locally i.e. by states.
11.3 Local languages should be used in primary education and cultural values also should be recognised.
11.4 Each state should be required to learn at least one language from another linguistic background.

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).
13.2 The method of appointment to and the composition of state courts should be wholly left to states.
13.3 The jurisdiction of both federal courts and the state courts should be clearly spelt out by law.
13.4 Judges of the highest federal court - the Supreme court, should serve for life subject to one being capable of being relieved of his office duties in accordance with law.
13.5 State courts and their judicial officers shall carry and be referred to, by such names as each individual state may decide.

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.
14.2 Amendment of the Constitution should be with a majority vote of 51% in Parliament and 51% of the States.
14.3 The precedence of the President over all other persons in the country should be restricted to only political occasions or functions.
14.4 Impeachment proceedings should be institutable both during and after leaving the office of the President.
14.5 Privileges available to a former President on meritorious retirement should be clearly regularised.
14.6 The president should be directly elected by the people. The Presidential candidate need not be a member of any political party. He should be an Executive President.
14.7 A bicameral parliament is recommended with a wholly elected Lower House and the Upper House with mixed members - directly elected and nominated. The Upper House membership would be a source of detached contribution and expertise in national issues and a more national unifying factor.
14.8 The Electoral Commission should be wholly appointed by parliament and free from political affiliation and under the chairmanship of preferably a former judge.
14.9 The Constitution should itself fix the sessions of Parliament, leaving the President power to do so only for extra-ordinary sessions.
14.10 Dates for election and term of office of the President and MPs should be fixed in the Constitution.
14.11 The number of Ministries should be regulated and sanctioned by parliament.
14.12 On being appointed Minister, an MP should vacate his seat in Parliament.
14.13 Before one takes up office of Minister, he should be vetted by Parliament and required to disclose his assets.
14.14 Legislative powers of both the national and state legislatures should be clearly spelt out by law.
14.15 There should be a conscious policy and active pursuit of the development of a national language from our own indigenous languages. For this reason neither English nor Kiswahili is acceptable as a possible national language.
14.16 Realising that the 1967 Constitution is currently recognised by the NRM Government as the de facto interim operational Constitution for Uganda, despite Government's express disapproval and condemnation of the procedure used for its promulgation;
Mindful of the existence of the 1962 Constitution which established Uganda as an independent sovereign state then recognised by the people of Uganda and the United Nations;
Recognising that provision was made in the 1962 Constitution for its possible amendment by the people of Uganda without resorting to the use of force or other unconstitutional means;
This seminar resolves that [the] 1962 Constitution commands/deserves precedence of acceptability both de facto and de jure as the only legally recognised constitution of Uganda.
It further resolves that immediate and effective action be taken with a view of bringing the 1962 Constitution up-to-date in line with our future aspirations as a nation.

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.
- Believing that a federal form of government is the most viable basis for peaceful and meaningful development and achievement of our national aspirations.
- This seminar strongly recommends that a federal form of government be instituted on the basis of economic viability, cultural homogeneity and administration feasibility.

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
At State level, local broadcasting, publishing and printing, library services should be made available. The Federal Government should cater for national and external mass media and national reference libraries.
17.2 Health
Health should be taken care of by the federal states except the referral hospitals and epidemics which should be the responsibility of the Federal government.
17.3 Youth
Youth services at local level should include programmes of self-reliance. At the national level projects/activities should include national services of various types.

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.
20.2 The NRC [National Resistance Council] should not debate the draft Constitution since the members are not wholly representative of the people and the making of the Constitution is not within their competent jurisdiction.

© 2002 Federo for all Uganda, All Rights Reserved