1.
Background:
Uganda’s Constitutional History:
In 1961, Uganda’s constitutional making process begun as the British colonial administrators were preparing Uganda for independence. This process led to the coming into effect (promulgation) of the 1962 constitution. Uganda became independent on 9 th October 1962 and since then Uganda has had three other different
Constitutions i.e. 1966, 1967 and 1995.
The 1966 Constitution was passed by parliament without debate and as such it is sometimes referred to as the “Pigeon Hole” Constitution because the head of state asked parliament to promulgate without reading it and asked MPs to collect their copies from pigeon hole after passing. It was later replaced in 1967 by a Constitution which abolished kingdoms chiefdoms and heads of districts.
In 1989, the process of making a new Constitution started. Government established the Uganda Constitution commission chaired by Benjamin Odoki (“The Odoki
Commission”). The Odoki Commission collected people’s views before drafting the
Constitution. The draft Constitution was debated for 18 th months in the Constituent
Assembly (CA) and finally promulgated on October 8 th 1995.
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Key amendments to the 1995 Constitution:
Since its enactment, the 1995 Constitution has been amended there times, the recent one being in 2005. The 2005 amendments removed presidential term limits and ushered in the multi - party politics again in Uganda, among others. Other amendments have led to the following:
 Providing for a quorum of parliament when voting on any question
 Distinguishing Kampala as a Capital City of Uganda
 Providing for Swahili as the second official language
 Providing for Leader of Opposition in Parliament
 Creating the office of Prime Minister and Deputy Attorney General
 Providing for special courts to handle corruption
 Establishing the functions of a leadership code tribunal
 Providing for control of minerals and petroleum
 Providing for holding of referenda generally
 Providing for regional governments
Hon J.F Wapakhabulo, in his paper on “Uganda’s experience in Constitution making” delivered on 15/09/2001 states that most issues in the current constitution were reached at through consensus except the few contentious issues. The contentious issues included: National language; Land; Federalism and The political system.
He concluded his paper with the following remarks: “with the enactment of the 1995
Constitution, Ugandans, unless they chose to disrupt themselves, they are confidently building what is bound to become, in ten to twenty years from now, a truly modern state. This would happen with a powerful and influential civil society which will underpin the democratic measures provided for by the Constitution of 1995”.
2.
Current Constitutional Challenges:
The current constitutional challenges include, among others: absence of freedom of assembly and expression; violation of human and other fundamental rights; the expulsion of MPs from the NRM party; the appointment of a serving army officer in cabinet; the absence of a Chief Justice; Corruption; Executive dominance which defeats the doctrine of separation of powers and the enactment of draconian laws, among others.
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As we celebrate 19 years of the 1995 Constitution, do we have constitutionalism in
Uganda today? As we prepared to transit into a petro state when it comes to the oil and gas sector governance? Are we on the right track as a nation when it comes to the much needed constitutional reforms? Is constitutionalism in Uganda still the crafted relationship between recognized national ideas and the day-to-day aspirations of the citizenry? What is the status of Uganda’s constitutional journey in terms of observance, as compared to the contemporary practices in developed democracies?
Is the Uganda Constitution an illusion? Why are the young people full of cynicism when it comes to constitutionalism in Uganda? What are the practical aspects on the 1995
Constitution and are they being observed? Does the Ugandan Constitution have the supremacy it claims to have? Is the Constitution the ultimate source of power and authority in Uganda today? Or it is a mere tool of governance, or an instrument of the current politics?
3.
Purpose:
The purpose of Public Dialogue is to reflect on Uganda’s constitutional gains as well as propose the much needed constitutional reforms.
4.
Objectives:
(i) Reflect on the 19 years of our 1995 Constitution
(ii) Discuss whether we have any constitutional gains in the 19 years
(iii) Propose constitutional reforms necessary to enable Uganda attain full constitutionalism and democracy
(iv) Propose a way forward ahead of the Government’s proposed constitutional amendments
5.
Methodology:
The Dialogue will have the opening session, key note presentation, panel discussion and an interactive session at the end.
6.
Expected Outcomes:
1.
It’s expected that this Dialogue will result into a systematic series of activities and a framework for discussing the proposed constitutional reforms by government
7.
Stakeholders:
1.
Government Representatives
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2.
Members of Parliament
3.
Political Party Representatives
4.
Judicial Leaders
5.
Academia
6.
Civil Society Leaders
7.
Youth and students leaders
8.
Religious leaders
9.
Cultural leaders
10.
Development partners
11.
Leaders of professional bodies
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TH
PM
2.00pm
2.30pm
2.30-3.15pm
3.15-4:15pm
4.15-5.00pm
- Registration and Official opening
Welcoming Remarks & Introductions:
Coordinator PILAC, welcome remarks and introduction of the lecture and purpose of the collaboration
Executive Director CCG, introduction of CCG and post public lecture agenda for the Proposed
Constitutional Reforms
Dean of Makerere University, welcome remarks, introducing the panelists and official opening
Public Lecture :
Key speakerDr. KabumbaBusingye, School of Law, Makerere University
(45 minutes)
Discussants: Hon. MiriaMatembe
Hon. OfwonoOpondo
Hon. Norbert Mao (20 minutes each)
PLENARY
5.00 – 6:00pm Closure and cocktail
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