Implementation of Federalism in Uganda

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By W. B. Kyijomanyi

If Uganda accepted federalism, we may have to set a reasonable timetable to give the federal units enough time to prepare for implementation. But the implementation date will have to be constitutionally fixed. For example, delegates could set the implementation date 5 years effective the day the resolution/legislation adapting federalism is passed into law. 5 years may be a sufficient time to have the basic federal features implemented. Some features may be gradually implemented once the federal units are up and running.

The best examples I could think of is membership in the EU and implementation of various policies e.g. the Euro, or Hong Kong's transition towards Chinese rule, where specific timetables were strictly followed. The exact date must be known and fixed in advance, to avoid any games. 5 years may be too long for other units, yet too short for others, but looks a reasonable time frame to ensure a smooth and orderly transition. It allows some breathing space for the units to decide on several needs; where to locate their state capitals for example [in the US, most state capitals are smaller cities, New York is Albany not NYC; Pennsylvania is Harrisburg, not Philadelphia etc.].

It is entirely possible that some services like the police may take much longer to be fully implemented by federal units so Uganda police, which shall be retained as the national police force [equivalent of FBI in the US or RCMP in Canada] will have to ensure law and order in the country. It is also entirely possible that some federal units may decide to contract police services from the Federal/national government, while others may opt to set up their own local police departments. This is what some provinces in Canada did, incidentally Canada's richest province on a capita basis [Alberta] along with the poorer provinces chose to contract policing services to the federal government, while other provinces [Ontario, Quebec] set up their own police units. Whether this is adapted in Uganda, shall be up to the respective state/provincial governments to weigh the pros and cons involved. But it is appealing because it ensures continuity of services during and after the implementation period.

Recall the taxation models too. Some states/provinces may decide to contract the Federal Government through URA to undertake tax collections on their behalf, while others may decide to undertake their own tax collection. Again, a reasonable time frame allows the federal units to decide the best way forward.

State/provincial units will also have to decide on what parliamentary models to adapt. While most state/provinces in the US have bicameral system - two chambers of parliament, there is one State - Nebraska that has a unicameral system. These are decisions to be undertaken by the respective state/provincial leaders and even voters within the transition. There is no question that local needs in Uganda are diverse so federalism will allow the federal units to tailor policies to meet local capabilities and needs.

If the people of Kigezi decide that to run for local office within their state, one must have a Ph.D., that is something we have to respect. But we should not expect all candidates running for political office elsewhere to need a Ph.D. as the minimum requirement. The people of Buganda may opt for a more modest standard of ‘A’ level as the basic minimum. These differences are perfectly legal and do not violate any national standards.

On educational matters, Ugandans shall be assured that the current national institutions like Makerere, Mbarara, Kyambogo and Gulu Universities, shall remain national; the same applies to national high schools.  But some state/provinces will have unique manpower needs and may decide to start their own state university systems. In fact, they shall be encouraged to do so. Makerere University and other national universities may decide to have satellite campus in various state/provincial jurisdictions. For example, Makerere University - Moroto, Makerere University - Masaka, Makerere University - Jinja, Makerere University - Mbale etc. Again, these are decisions that shall be undertaken in close consultation with state/provincial governments.

In matters of Health, Ugandans shall have to be re-assured that Mulago and other referral hospitals shall still be open to all Ugandans irrespective of state of residence. Our job as federalists is to educate Ugandans with facts, not lies or hyperbole, but facts, because those in favour of the status quo will appeal to our people's worst fears, with lies. We have to counter with facts.

On employment, we have to re-emphasize that the implementation of federalism shall not affect one's chances of being employed anywhere in Uganda. We must however, make it clear too, that states/provinces may take reasonable steps within the law to promote the employment needs of local residents. For example, some minimum standards e.g. residence within state may apply when it comes to state jobs, but not Federal jobs. A Karamojong detective working for the Federal Police force shall have no trouble being stationed in Masaka, or a Mukiga working for the Federal department of Immigration shall have no trouble being stationed at Busia. This point needs to be fully stressed to allay any fears about what federalism may or may not do.

These are some of the issues we have to deal with during, and after the implementation of federalism in Uganda. We have to assure Ugandans that while federalism will usher in significant changes, their daily lives shall continue with minimal inconvenience.

On the judicial system, states/provinces shall need time to put into place their own systems. It may as well be that the states/provinces shall contract out such services initially to the Federal Government at a fee. I anticipate fundamental changes/reforms in this area. For example, the current magistrate one courts may revert to state/provincial jurisdiction entirely. In my view, the initial court of entry for federal/national offences should be the current Chief Magistrate Courts. Any courts below should be put under local jurisdictions once federalism is implemented, and thus address the current inefficiency and waste where suspects/offenders are arraigned before courts that have no power to try their cases. This is a total waste of court's time. Why for example take someone before the magistrate's court in Nakawa only to be cautioned by the [helpless] presiding magistrate that her court has no power to try such cases.

Closely related is how to separate federal from state prisons. As it is, federal prisons are concentrated in a few states - Luzira (Buganda), Kirinya (Busoga), Morokatipe (Eastern) and a few others. These shall remain national prisons even long after federalism is implemented.  The whole prison system in Uganda is due for reforms.

Under federalism state/provinces shall have the flexibility to determine the best ways forward. For example, today, too many people who should not be serving prison terms are there e.g. poll tax defaulters, petty offenders, who cost more to incarcerate than the monies they owe. We need more non-custodial approaches and states/provinces are likely to do a better job in this area, after all, most of the current offenders are probably in prison for what are likely to be state/provincial cases once federalism is implemented.

If we are to retain the death penalty, presidents should have no discretion whatsoever once someone has been sentenced by the Highest Court to Hang. That way we avoid a situation where if you are poor/less educated like the late Sebirumbi, you hang, but if you have powerful allies like Nasur Abdallah, you walk.  If the State is going to kill people, it should kill them without fear or favour. Those of you who have been here long enough know my disdain for discretion in anything: am for rules. Discretion has caused Ugandans untold misery and suffering so it is now time for hard rules.

As federalists, we have to be prepared with answers to questions affecting all national issues/institutions. We have to respond with concrete proposals to those who may ask, what happens to the judiciary; prison; police; taxation; educational; employment systems; pensions, even the army after and during the implementation of federalism. This is a good beginning towards that goal. We should be refining them for that eventuality because it will soon be with us.

There is one area, I have not discussed: elections to the federal houses of parliament. We are assuming that we shall have a bicameral system, but how should members to those houses be elected? What should be the duration of service for members of each respective house? Should members of the upper chamber be elected on a rolling system - every 2 years.

How many members shall constitute the upper chamber? This issue needs more input from members since it is a key process towards the implementation process. So please weigh in.

Let us continue to engage for the sake of a better Uganda.

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