As the country marks the 30th anniversary of the 1995 Constitution, which was enacted to be the blueprint for transforming economically, politically, socially, and in governance, unresolved and emerging issues have taken centre stage. Scholars and commentators opine that it’s time for a rethink of either a constitutional review or national dialogue. The 1995 Constitution, promulgated on October 8, was hailed as progressive especially with novel additions such as Chapter Four on the Bill of Rights. It was, after all, the result of a comprehensive countrywide consultation by the Uganda Constitution Commission led by now retired Justice Benjamin Odoki and meticulous drafting by the Constituent Assembly composed of the best minds at the time.
It was envisioned as a blueprint to close the door on Uganda’s dark past and enable the nation to progress into a democracy based on the principles of ‘unity, peace, equality, democracy, freedom, social justice, and progress. It provided avenues to cure concerns that had plagued the nation, through principles of sovereignty of the people, separation of powers, good governance, the rule of law, and accountability. While progress has been made, the country stands at a crossroads polarised by toxic politics, poisoned by corruption, divided by inequality, marred by poor service delivery, rogue acts by security agencies, and human rights abuses from 1986 to date, amid fears of the country dangerously backsliding.
Issues such as political transition, land, and citizenship, which the Constitution was designed to address, remain contentious, as new questions related to technology and natural resources raise fresh questions. Former Principal Judge [retired] Justice James Ogoola says a national dialogue is best to forge a way forward. ‘We need a national dialogue to take us to a new age. Things like the Buganda Question, the Busoga Question, the Karamoja Question, and the Youth Question. There are issues on land, and mineral resources are now coming up. The opportunities are immense, but the danger of messing up is also immense. Let’s get a round table where 50 million people will be represented effectively,’ Justice Ogoola argued.
Justice and Constitutional Affairs Minister Norbert Mao said the proposed Constitutional Review Commission was set back by funding challenges but it remains on course. ‘I think the Constitution will have to be reviewed. I can state that that is going to happen in the next term. When I joined the ministry, the major challenge found was money. Having a comprehensive review of the Constitution is very costly. But I proposed to the President an alternative; I proposed that we should just expand the terms of reference of the Law Reform Commission, co-opt some new members and then the Law Reform Commission can do the job of reviewing the Constitution,’ Mr Mao said.
He added: ‘… the issues that keep citizens awake as far as we know are human rights. Others want term limits brought back. There is contention on citizenship. So the Constitutional Review Commission is a political process, but it is also a process that should be a process of rigorous scholarly review of what the Constitution has delivered and what it has failed to deliver.’ Term limits that were locked in to ensure that a President rules for only two terms were purged 20 years ago. With the Executive overreach, there is hardly a parliament to speak about, while the Judiciary is at crossroads as evidenced by the continued keeping of political activists in prison.
Poverty, social injustices and income inequality are grim. The national budget has grown in scope and size- to Shs72 trillion currently-amid fiscal indiscipline, bloated administration, corruption which is the fuel of the clientele patronage system, and poor budget execution. The right to freedom of peaceful assembly and association, provided for in Chapter Four of the Constitution, if for political reasons or to express discontentment with government, is gagged by the Public Order Management Act, or selectively applied such as in the case of police escorting supporters of the Patriotic League of Uganda to protest outside the Germany embassy in July.
While peace and security is the NRM’s unique selling point, the army and intelligence outfits are commanded at the whims of the commander-in-chief, which has also led critics to believe that even in the event of the incumbent losing elections, peaceful change of power is impossible. The country ranks poorly in governance, at 49 percent out of 100, according to the Mo Ibrahim Index of African Governance. Politics is the most lucrative business as politicians engage in budget theft and scheming for commissions during appropriation, while professionals like doctors are paid a pittance. A 2021 study by the Afrobarometer found that 70 percent of Ugandans support the reintroduction of age and presidential term limits.
Dr Kabumba Busingye, a constitutional law don at Makerere University, argued that in the years to come, Uganda must cure the disconnect between the culture of the nation and the provisions of the Constitution.
‘It’s not so much a post-mortem; the patient is dead or dying. We should be already thinking ahead of how a new Constitution might look like. What kind of significant reforms would have to happen; both constitutional and state structure. For all intents and purposes, if you are talking about a CDF who talks about having people in their basement, that is not a state structure you can engage with; it’s a criminal gang with state power. You can’t have a conversation,’ Dr Kabumba argued.