Constitutionalism in Uganda

Introduction
After studying this chapter, you will be able to understand the rule of law as laid down in the constitution of Uganda and issues related to parliament, the judiciary, citizenship, political parties, elections and how they relate to democratic government. Constitutionalism refers to the powers of government and the limits of power in the governance of citizens as well as the role of citizens in the governance of their affairs.
Uganda during the colonial period was not governed under constitutionalism. Power was instead concentrated in the governor. Administration Of justice was in the hands of the district commissioner. The composition of the legislature was by the governor’s appointees whose duty was to enact laws to enforce colonial authority within the colony. There were often human rights abuses in form Of forced labour, unlimited power of arrests by the colonial administration and minimal political participation of
citizens.
Constitutionalism and the Constitution
A national constitution is the supreme law that governs the political. social and the economic life of the citizens in the country. It is mainly concerned with the rules that govern the country. It spells out the duties, the rights and the freedoms of citizens. It is a written instrument through which constitutionalism is enforced. It provides the basic principles and laws which guide governance of citizens within a nation.
Constitutionalism is not limited to government only but is also exercised in homes and institutions like schools and other organisations. The use of rules and regulations have kept homes together. They have provided direction of management in institutions and organisations. There are rules and regulations, which people respect in order to avoid the effects of not obeying them. Rules and regulations help to develop self- control within individuals, and free society of the evils that come as a result of lack of
control.
A national constitution is the supreme law that governs the political, social and the economic life of the citizens in the country. It is mainly concerned with the rules that govern the country. It spells out the duties, the rights and the freedoms of citizens. It is a written instrument through which constitutionalism is enforced. It provides the basic principles and laws which guide governance of citizens within a nation.

Constitutionalism helps us to understand what is expected of us and what happens when we do not live to these expectations. Constitutionalism therefore creates a stable environment. It allows
peaceful human co-existence in our communities. It creates a peaceful and harmonious society.

Figure 3.1: A copy of the Constitution of Uganda

Activity 3. I
Identifying the role of rules an regulations (constitutionalism)
a) Identify the role of rules and regulations in your school.
b) Explain how these rules and regulations have maintained peace and harmony is your school.
c) Discuss how rules and regulations have contributed to your growth as a citizen of this country.
The National Constitution
The National Constitution is the basic document that defines the structure of government and how citizens are to be governed. It is the supreme law of the land on which laws are based. It establishes the three arms of government and defines the responsibility of each. The constitution provides checks and balances in the arms of government. It minimises the misuse and abuse of power by government. It sets out the responsibilities and roles the citizens will play in the governance of their affairs.

The constitution therefore establishes the fundamental legal framework for our democracy and the rule of law without which the country will be in chaos. It ensures that the country functions effectively and that the government performs its duty to its citizens. It helps the country and its citizens to grow and prosper. Anything that affects an individual or society is always referred to the courts of law to interpret or be resolved using the law.
The constitution is also a document through which our individual freedoms and rights are defined. It is the constitution that actively promotes our equality as Ugandan citizens and it protects us from unfair discrimination. It guarantees our rights and individual liberty as citizens. It protects us against being deprived of our rights and liberties by individuals or the government.

Figure 3.2: ThelO Ugandan Parliament in sitting
The constitution places the management of the country in the hands of the citizens to direct the affairs of government and to choose those who will lead them. The constitution enables citizens to change their leaders periodically and to remove from office leaders

who have not performed to their expectations through regular free and fair elections. Through elections, democracy and good governance continue to prevail in a society In doing this, it ensures that leaders are accountable to the people and those who take decisions on behalf of the people should represent public opinion rather than individual interests. The voters expect a lot from elected leaders. They are given power and authority to deliver their expectations.
Therefore, a constitution is a tool of democracy. It gives every citizen the right to exercise his/her rights. For effective democracy and constitutionalism to take place, every citizen should participate in the constitutional processes to ensure that leaders provide the required growth and development to their citizens.
When leaders do not deliver as expected, citizens vote them out of office in the next
election.
Key National Symbols of Uganda
The national symbols are also called the sacred symbols of a country. This is because they are highly respected and honoured by a nation. Each independent country in the world has its own national symbols which represent it. Uganda’s national symbols are the coat of arms, the national flag, the emblem and the national anthem.
The National Flag
The National flag has six equal horizontal bands of black (top), yellow, red, black, yellow and red (bottom); a white disc is superimposed at the centre and it depicts the national symbol, a grey crested crane, facing the hoist side. It was adopted on 9 October 1962, the date that Uganda became independent from Britain. (See the
Figure 3.3)

Black symbolises our Black African heritage and the fertile soil of Uganda.

Yellow is for the glorious sunny days, socharacteristic of Uganda.
Red symbolises the red blood that runs
in our veins, forming a common bond to
all humankind.
Crested crane (Balerica Regulorum
gibbericeps) is the national bird of
Uganda.

The Coat of Arms
The coat of arms of Uganda was adopted three weeks before the proclamation Of independence by the Uganda Legislative Council. On 1 October 1962 the arms were approved by Governor of Uganda Walter Coutts, and formally established by law on 9 October.

The coat of arms has 11 features which include: the national motto,the crested crane, the Impala, the sun, the drum, the spears, the shield, the blue stripes, the green colour, coffee and cotton.

Figure 3.4: Uganda ‘s Coat of Arms
The features represent stencil aspects. For instance, the shield and spears represent the willingness of Ugandan people to defend their country, the sun in the centre represents the many days of brilliant sunshine that Uganda enjoys; and the traditional drum at the bottom is a symbol of dancing, and the summoning of people to meetings and ceremony. The drum is also traditionaly a symbol of power, most kingdoms have drums, some even with names. The impala represents the abundant wildlife, the
crested crane is the national bird of Uganda. Cotton and coffee represent the two main cash crops, flanked by the river while at the bottom is the national motto: “For
God and My Country.”
The National Emblem
The Grey Crested Crane, scientifically known as Balearica regulorum gibbericeps, was chosen as Uganda’s national emblem because of its beauty and elegance. It is a bird of national significance to Uganda, occupying a prime position on the country’s national flag and coat of arms.

It walks on its two legs but it only stands on one leg. Its raised leg means that Uganda is moving forward. A grey crested crane bird walks with pride, grace and tranquility. Its minimum life span is about 22 years.

Figure 3.5: The Uganda Crane
Uganda National Anthem

Before independence in 1962, a committee was formed to choose Uganda’s national symbols. A contest was held to compose the national anthem; the criterion for the entrants was that the compositions had to be “short, original, solemn, praising and looking forward to the future.” Despite several compositions,
none was suitable.

The head of the committee then asked George William Kakoma, a graduate of Trinity College of Music and Durham University in London, to compose an anthem. Kakorna came up with the anthem within a day and it was declared the winner in July of that year, a few months before independence.

The Uganda National Anthem (English version)
Oh Uganda! May God uphold thee,
We lay our future in Thy hands,
United, free
For liberty,
Together we’ll always stand.
Oh Uganda! The land of freedom,
Our love and labour we give,
And with neighbours all,
At our country’s call
In peace and friendship we’ll live.
Oh Uganda! The land that feeds us,
By sun and fertile soil grown,
For our own dear land,
We’ll always stand,
The Pearl of Africa’s Crown.

Evaluating the national constitution
Activity 3.2
a) IJsing ICT or library, read the Ugandan Constitution and identify the
following:
i) Values in the constitution
ii) Human rights identified in the constitution of Uganda.
b) In groups, find out the meaning of the features of the Uganda flag, the coat of arms, the national emblem and the national anthem.
c) Present your findings to your class.
Constitutional Reviews in Uganda
In the colonial period, Uganda was governed through order-in-council, royal instructions and local ordinances by the British agents. The colonial government used the legislative council established by order-of-council to enact laws locally on behalf of the protectorate. The legislative council had no legitimate support and it was not democratic.
Constitutionalism began after the country gained independence through an independence constitution of 1962. The 1962 Uganda Constitution was one of the

instruments that delivered self-rule to Uganda and enabled the country to go through a transitional process from colonial rule to independence. The constitution was a negotiated document between various political forces in Uganda and the colonial government. The first constitution (1962—1966) sought to address the political question at the time and created a governance structure that took over from the colonialists. The first chief minister, Benedicto Kiwanuka was Catholic. Britain didn’t want to leave
Uganda led by a Catholic. A second pre-independence election was held, with UPC winning since it got the support of Buganda through the alliance with Kabaka Yekka (KY) party. But the split and conflicts sprang up thereafter. Dr. Obote abolished the 1962 constitution and formed a pigeon hole constitution through Godfrey Lukongwa Binaisa. This was discussed by the then parliament and turned it into the 1967 Constitution.

The first attempt on the constitutional review was done in 1966. The government under the Prime Minister abrogated the constitution, increased the powers of the President and abolished kingdoms in Uganda. This was followed by a republican constitution of 1967 that defined Uganda as a republic with clear separation of the three arms of government.
The 1967 constitution had a lot of challenges. It caused resentment in different sections of the country. Its implementation saw the country more divided and torn apart by political differences and factionalism in the country. The political divisionism drew the army into politics and resulted in a military coup d’etat in 1971 led by Idi Amin.
The military takeover killed constitutionalism and the rule of law in Uganda. It established a dictatorial regime. Uganda was ruled under military decrees from 1971 to 1979. Many citizens lost their lives. There was political agitation by sections of Ugandans who were in exile. That resulted in the overthrow of Idi Amin in 1979 by the Tanzania Peoples Defence Forces (TPDF) and the Uganda National Liberation
Army (UNLA) coming from Tanzania.

Between 1979 and December 1980 Uganda was ruled by UNLF. The National Consultative Council (NCC) worked as a parliament of UNLF. The Military Council (MC) worked as a cabinet at the time. After the 1980 general elections, Dr Obote returned to power and so the 1967 Republican constitution was brought back to rule Ugandans. The same constitution was used by the NRM government until 1995.
In 1990, a new institution making process started. An adhoc constitution review commission colleted views from Ugandans and produced a draft constitution. This was debated by the constituent assembly which produced the 1995 constitution. It was promilgated in October of 1995. It was completed in 1995. Unlike the previous constitutions that were negotiated and forced on Ugandans, the 1995 constitution
was participatory because it involved all Ugandans. It was therefore based on national consensus. It addressed the issue of human rights and liberties, the rights of traditional authorities, land, and women, that had been neglected in the previous constitutions. The 1995 constitution has been subjected to a number of reviews to incorporate the needs of citizens as they arise. Some of the reviews included freeing
of the political parties, removal of age limits and presidential term limits.

Activity 3.3
Discussing the constitutional reviews in Uganda
a) Using ICT or library research, identify the challenges of the 1962 independence constitution of Uganda.
b)Explain how the later constitutions tried to address the challenges. Make presentations to the class.
c)In groups, discuss the lessons we learn from the constitutional reviews.

The Citizens in the Constitutional Making Process
The absence of citizens in the making of Uganda constitutions before 1995 denied these constitutions the support and legitimacy from Ugandans. They were imposed on Ugandans and therefore contributed to the political and civil upheavals the country witnessed. The constitutional challenges affected Uganda’s development due to political instabilities in the country.
In view of the above, the citizens participation in the constitution making process gives the support and legitimacy to the constitution. The authority of government which is derived from the constitution is given by the people through carrying out elections of their political leaders periodically. Therefore, the role of citizens in the constitutional process is their active participation in the political process at all levels.
Political participation may include; participating in an election process by voting or being voted or being an electoral official. It can also mean belonging to a political group or organisation, civil society and voluntary organisations and attending community meetings, participating in political debates that shape the country and others. The participation in the political process increases awareness to citizens and
helps to bring out issues that affect the people in the society to be addressed by the government.

Figure 3.8: Citizens participating in the electoral process
When citizens are actively participative in the constitutional process, they help to check the excesses of government when they demand accountability from leaders and the democratic systems in place. Active participation ensures that government becomes responsible and responsive to the needs of the society. The representatives at various levels work for the development of the people rather than individual
interests as citizens monitor what their leaders are doing. The constitution empowers citizens to criticise, debate or even protest or replace leadership when they fail to fulfil the obligations.
However, the belief that constitutionalism and democracy allows citizens to do whatever one desires is a wrong interpretation of democracy and constitutionalism. The actions of citizens should go hand in hand with their responsibilities. Accepting to do whatever one desires to do will be breeding chaos and disrupting the social order in that society. The actions of citizens should be controlled so that the rights of others are not infringed upon. The duty to support and defend the constitution lies with the citizens but it is also a duty of citizens to obey the laws, respect the rights and beliefs of others and participate in all levels of governance.

Role-playing the rights and duties of citizens In Uganda
Activity 3.4
a) Using ICT or library identify the rights and duties of a citizen of Uganda.
b)Explain circumstances under which rights and duties have been challenged. Present them to your class.
c)In a role-play, dramatise the process for conducting local and national government elections.

The Structure of Ugandan Parliament
All political parties, special nominations and the independent candidates are represented in the 11th Parliament of Uganda (2021 to 2026).

The Parliament of Uganda is the legislative body of government that enacts the laws and monitors the activities of government. The Parliament is headed by a Speaker who is elected from the members of parliament before the first session of the elected parliament. The Speaker guides parliament to play its role and conduct business of parliament within the specified period of time in support of government business. The Speaker is assisted by the Deputy Speaker and the Parliamentary Commission in the administration of parliament and the clerk to parliament in running parliamentary business.

The parliament of Uganda is composed of members of parliament directly elected by citizens of Uganda. These include; constituency representatives elected at county levels, district woman representatives, Uganda People’s Defense Force representatives, youth representatives, persons with disabilities representatives, workers representatives, and ex officio members.

The parliamentary business is conducted through the committee system. The committees are the Standing, Select, Sectoral and Adhoc committees. Whereas the standing committees are permanent committees, the other committees change membership after a defined period of time. The parliamentary committees discuss bills in detail before they are brought to the plenary for discussion and decision-
making.

Finding out the roles played by different leaders in parliament
Activity 3.5
a) Visit your local area MP or government official. Find out the roles played by different leaders in arliament.
b) In groups, explain how parliament business is conducted.

The Role of the Police, Prisons and the Army
The most important role of any government is to ensure that there is safety of all citizens and their property. This implies that for any government to provide security it must put in place institutions that will provide security for its citizens.
providing national security means defending the state, its citizens, the economy and institutions. These lie at the heart of development of any country. The police, prisons and the army are the institutions which the state uses to provide security to its citizens, the economy and the other national institutions.
The security forces whose mandate is derived from the constitution of Uganda have a duty to ensure that Ugandans and their property are secure and to ensure that the country is safe from all external aggression. The police and prisons provide internal security. The army ensures that the nation is safe from external threats. The police and prisons are mandated to keep law and order. They prevent, detect and control crime. They protect democracy by suppressing electoral crimes.

Figure 3.10: The police plays the role of keeping law and order
The army on the other hand supplements the police and prisons by protecting the nation from insecurity. In addition, they ensure that all valuable installations of government are protected from damage and harm by wrong elements. These include airports, defense installations, power dams, strategic areas like oil and gas sites and others. Over and above, and in times of peace or disaster, they play a supporting
role in relief and disaster management or peace-keeping missions. By providing a peaceful and secure environment, they ensure economic and social development.
Activity 3.6
Evaluating the role of the police, prisons and the army
a) Using ICT or library, find out what would be the effect if the police, prisons and the army were not in the country.
b)Explain how the police and prisons and the army have supported the development of Uganda.
c)In groups, discuss the challenges of the police in maintaining law and order in the country.

The Role of the Judiciary
It is a fundamental right of every citizen to have access to justice. By seeking justice citizens are exercising their rights. Access to justice includes legal awareness, legal protection, adjudication, legal aid, enforcement and civil society oversight. The judiciary therefore supports peace when it provides citizens with remedy for resolving personal and political issues and disputes. The judiciary also ensures that
government makes correct decisions that often have the greatest impact on the most
vulnerable in society. See Figure 3.11.

The judiciary works on behalf of the state to administer justice and to ensure that every citizen has access to the justice and is given justice. As the custodians of the constitution, they promote the rule of law and constitutionalism which contribute to the maintenance of order in society. The judiciary promotes the rights of citizens as they investigate the violation of rights, enforce and protect human rights.
Discussing the role of local courts
a) Explain how the LC 1 courts administer justice in your community.
b) Explain how the local council courts have been used to deny justice to the people in your community.
c) Discuss how the local courts in your community can be strengthened to provide justice to the people.

Chapter Summary
In this chapter, you have learnt that constitutionalism is about the rule of law. It is about checking the misuse of power granted by the constitution as an instrument of government. It recognises the role of citizens in the management of the state and promoting the rights and liberties of the citizens. It also recognizes the responsibilities of citizens as actors in the constitutional-making-process and the need to act responsibly as citizens.