EnterUganda Constitution

. Kampala, Uganda.

CONSTITUTIONAL REVIEW COMMISSION GUIDELINES FOR SUBMISSION OF MEMORANDA

1. Terms Of Reference: "(a) Sovereignty, Political Systems, Democracy and Good Governance:

Sovereignty of the people means that people have the power to determine, what affects them or what they want.

(i) Does the present constitution guarantee this?

The present constitution provides for the movement political system, the multi-party political system and any other democratic and representative political system.

  (i) Which political systems would you like?

  (ii) Give reasons for your answer.

Good governance means Accountability, Transparency, Rule of Law, Participation free fair and regular election of leaders.

(i) Does the present Constitution cover the above principles?

Democracy means peoples participation in their governance.

  (i) Do the provisions of the present Constitution allow you to participate in your governance?

  (ii) If not what changes would you want

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2. Terms Of Reference: "(b)" Relationship between the Executive and Parliament:

Under the current Constitution, the President and members of Parliament are directly elected by the people. The President and members of Parliament are answerable to the people. The President is not a member of Parliament but constitutes the executive.

  (i) If the Executive and Parliament fail to agree on a matter of fundamental executive or legislative importance, what should happen?

  (ii) Should the president be given the power to dissolve parliament if there is a disagreement between the executive and Parliament on a matter of fundamental political importance?

  (iii) If your answer to the above is no, what alternative do you propose?

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3. Terms of Reference "(c)". Decentralisation and Federalism:

Decentralisation is meant to enable local government units to plan, initiate and execute policies in respect of all matters affecting the people within their jurisdiction and ensure peoples' participation and democratic control in decision making.

Does the current Constitution adequately cover this?
If not, what measures would you recommend to improve the system?
What other recommendations do you have?
What is your understanding of federalism?
Should federalism be introduced where required?

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PROCEDURE FOR THE REMOVAL OF A DISTRICT CHAIRPERSON

Under the Constitution, a District Chairperson and District Speaker may be removed from office by the Council by resolution supported by the votes of not less than two-thirds of all members of the Council.

A notice in writing signed by not less than one-third of all members shall be submitted to the Speaker stating the reasons for his removal.

The Speaker then submits a copy to the Chairperson and Minister. The Minister then constitutes a tribunal consisting of a Judge and two other people appointed by the Minister in consultation with the Chief Justice to investigate the allegations.

The tribunal reports to the Council whether or not there is a case for the removal of the Chairperson. If the Council passes a resolution of not less than two thirds, the Chairperson ceases to hold office.

For the removal of a Chairperson for reasons of physical or mental incapacity, the notice in writing shall be signed by not less than one-third of all members of the Council.

The Chief Justice in Consultation with the Medical Council shall constitute a medical board. If the medical board examines and finds that the Chairperson is unable to perform his functions by reason of his physical or mental incapacity, the Council may pass a resolution of not less than two-thirds for his removal.

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Lower Council Chairperson For the removal of Chairperson of the Lower Local Government Council, the procedure is the same save for the notice which shall be submitted to the District Council Speaker who shall convene and preside over the Council meeting after the receipt of the tribunal or medical board report for the removal of the Chairperson and the Chief Justice be substituted by Chief Magistrate.

For removal of the District Council Speaker A notice in writing signed by at least one third of all members of the Council stating the grounds for the intended resolution to remove the Speaker shall be submitted to the Chairperson. The notice shall be submitted to the Minister or the representative by the Clerk to the Council who shall convene a meeting for the removal and election of a Speaker.

The Speaker shall preside at the removal of a deputy Speaker.

County Chairperson, Parish and Village Committees

The Chairperson or member of the executive may be removed from office by the relevant Council supported by two-thirds of the members of the Council.

The notice for purposes of removing a member from office stating the grounds or charge shall be in writing and signed by not less than one-third of all members of the Council. The notice shall be submitted by the village or parish council to the clerk at the sub-county with a copy to the returning officer.

The returning officer shall arrange and preside over the meeting to remove a member of an Executive Committee from office.

The member of the Executive Committee who is the subject of a resolution for removal shall be given the opportunity to defend himself or herself before a vote is taken on the resolution of the Council.

The returning officer shall after ascertaining that the provisions of the law have been complied with, declare the office vacant and arrange for the election of another Person to the office.

(i) Would you want this procedure to continue?

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4. Terms Of reference: "(d)" Separation of powers:

There are three arms of Government.

The Parliament makes laws.
The Executive implements the laws.
The Judiciary interprets the laws.

Each arm of Government is supposed to work without interference from the other arms of government.

   (i) Do you think the present Constitution sufficiently covers the Independence of the three arms of Government?

   (ii) If not what improvements would you suggest?

Under the present constitution members of Parliament can become ministers and therefore members of the executive.

   (i) Should members of Parliament be Ministers?

   (ii) What are the reasons for your answer?

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5. T.O.R. "(e)" Composition, Powers and Privileges of Parliament:

Under the current Constitution, Parliament is composed of directly elected representatives of constituencies and Special Interest Groups, which are Women, Youth, Workers, the Army and people with disabilities.

Under the constitution more districts can be created and therefore more electoral districts, and more constituencies created. Each district becomes and electoral district which may divided into constituencies as parliament may prescribe. Constituencies are divided according to the population quota but the means of communication, geographical features, density of the population and the areas and boundaries of districts are taken into account.

These in total are 302.

  (i) What are your views about this composition?

  (ii) Do you consider the size of Parliament to be too big, too small or adequate?

  (iii) What would you recommend would be the basis for representation in parliament?

(a) - counties
(b) - districts
(c) - population

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6. T.O.R. "(f)" Qualifications and disqualifications for members of Parliament and the President: Under the Constitution, the qualification for President and a Member of Parliament is 'A' level or its equivalent.

  (i) Should education be retained as a basis for qualification for President and a member of Parliament?

   (ii) If not what do you recommend?

    (a) O level
    (b) Adequate know

Under the Constitution a person does not qualify for election as President if not a citizen of Uganda and not more than seventy five year, and is not qualified to be a member of parliament.

  (i) is this satisfactory?

  (ii) If not what would you recommend.

7. T.O.R. "(g)" Quorum of Parliament:

Quorum is the minimum number of people for a meeting to be held. In the current Parliament the number is one third of members eligible to vote and currently the number is about 100.

  (i) Is this satisfactory?
  (ii) If not what would you suggest?
8. T.O.R. "(h)" Presidential and Parliamentary Elections: Presidential and Parliamentary elections are held on different days.

  (i) Should the Presidential and Parliamentary elections be held on the same day?

  (ii) What are the reasons for your proposal?

Local Government elections at LC 1 and LC II are held by supporters lining up behind candidates, Elections of interest groups are through an electoral college and elections at LCIII and LC V are conducted by universal suffrage.

  (i) How do you recommend that Local Government elections be conducted?

  (ii) Do you want the system of lining up for LCI & II to be retained?

  (iii) Do you want the system of Electoral College for interest groups to be retained?

  (iv) Do you want the system of Universal suffrage for LC III and LC V to be retained? Give your reasons.

9. T.O.R. "(i)" Access to Justice & Efficiency of Courts:

  (i) Comment on the efficiency and accessibility to courts with respect to

    (a) distance to and from courts
    (b) Financial costs
    (c) the technical procedures
    (d) time taken

  (ii) What recommendations would you make?

The Administrative and support staff under the Judiciary are currently employed and supervised by the Public Service Commission.

  (i) Should this position continue?
  (ii) if not, what are your reasons?

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10. T.O.R. "(j)" Relationship between the Inspector General of Government and other Institutions:

Under the current Constitution, the functions of the Inspector General of Government include promoting the rule of law and good governance, elimination of corruption and abuse of office, enforcement of the leadership code, Investigating and prosecuting public officers and stimulating public awareness of the values of constitutionalism.

The functions of the Director of Public Prosecutions are to order investigations of a criminal nature and institute, continue and discontinue criminal proceedings.

The function of the Uganda Human Rights Commission include investigating human rights violations, prosecuting, monitoring, educating and promoting the observance of human rights.

  (i) Do you think all the above bodies are necessary?
  (ii) Is it possible to merge some of their functions?
  (iii) If so how?
  (iv) In light of your answers to the above, do you think that the country can afford the cost of running the above bodies?
  (v) How can the relationship between the office of the Inspector General of Government and other organs/institutions like the Uganda Human Rights Commission and the Director of Public prosecutions designed to make Government more transparent and accountable be improved?

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11. T.O.R. "(k)" - Constitutional Bodies:

Presently the Constitution establishes several bodies e.g.

  a) The Public Service Commission which handles appointments, disciplining and the general regulation of public servants.

  b) The Education Service Commission which handles and/or regulates matters relating to teaching service.
  c) The Health Service Commission which deals with the Health Service.
  d) The Judicial Service Commission which regulates judicial service.
  e) The Human Rights Commission which monitors and ensures the protection of human rights.
  f) The Electoral Commission which deals with electoral matters.
  g) The Land Commission which manages Government land matters
  h) The Law Reform Commission which conducts the reform of the law so as to bring it in conformity with the Constitution.
  i) The Local Governments Finance Commission which advises on local government finances.
  j) The Inspectorate General of Government which is a watch-dog to check the excesses of public servants and corruption on part of public servants.
  k) The National Planning Authority which is responsible for national planning. The above bodies are run on public funds.
  (i) Do you think that all the above bodies are necessary?
  (ii) Is it possible to merge some of their functions?
  (iii) If so how?
  (iv) In light of your answers to above do you think that the country can afford the cost of running the above bodies?

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12. T.O.R. "(l)" - Citizenship:

According to the current Constitution citizenship can be acquired by:

  a) Birth
  b) Naturalisation
  c) Registration.

One loses citizenship if one becomes a citizen of another country. In case of a citizen by naturalization or registration, if one engages in act of war.

Dual citizenship means becoming a citizen of 2 (two) countries at the same time.

Currently dual citizenship is specifically prohibited under the Constitution.

Some Ugandans living abroad in different parts of the world (the diaspora) have acquired citizenship of other countries and have automatically lost their Ugandan citizenship.

  i) Should dual citizenship be allowed?

  ii) Do you have other factors that should determine the acquisition and loss of Ugandan citizenship?

  iii) Should Ugandans who have acquired citizenship of other countries be allowed to retain their Ugandan citizenship?

  iv) Should a foreigner who acquires Ugandan citizenship be allowed to retain the citizenship of his country of origin?

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13. T.O.R. "(m)" Bank of Uganda:

Currently Bank of Uganda is not under the control of any person or authority when performing its functions.

Bank of Uganda is concerned with the monetary policy whereas the Ministry of Finance is concerned with the fiscal policy of the country.

Bank of Uganda functions ensure that Ugandan currency is stable by inter alia, determining the amount of currency in circulation.

On the other hand the Ministry of Finance deals with the planning and regulation of the economy how government should spend its money.

E.g. Bank of Uganda controls inflation by regulating currency flow.

These functions are independent.

Should the Bank of Uganda continue to be functionally autonomous from the Ministry of Finance?

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14. T.O.R. "(n)" - Land:

Ownership:

The Constitution provides that land belongs to the citizens of Uganda.

Land can be compulsorily acquired by government for a public purpose after adequately compensating its owner.

Management:

Land is currently managed by individuals who hold it as mailo/freehold, lease hold, customary tenancy, bona fide/lawful occupants, communal owner.

The Uganda Land Commission holds land that has been vested in it or acquired by government.

District and Urban Land Boards hold/allocate land which is situated in their respective locations or areas of jurisdiction.

Dispute Resolution Mechanisms:

Any dispute over land may be handled by any of the following:

  (a) Established Courts of law;
  (b) Local Councils;
  (c) Land Tribunals when constituted.

(i) Do you think the current constitution provisions enable government to acquire land for public purposes are adequate.

(ii) Are there any changes that you would recommend concerning land management and dispute resolution, mechanisms for a more effective and affordable land policy?

(iii) What other land issues would you like to raise?

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15. T.O.R. "(o)" Traditional or Cultural Institutions:

The Constitution recognizes the existence and creation of traditional or cultural leaders and/or institutions where they are desired.

They are not supposed to participate in politics during their tenure of office.

The Constitution permits the central government and local governments to confer privileges and benefits to traditional/cultural leaders.

The funding of traditional/cultural leaders is not clearly spelt out.

(i) How should the institutions of traditional or cultural leaders be funded?
(ii) Should they be funded:

  (a) by government from public funds;
  (b) by local government;
  (c) by taxes collected by their subjects/followers in their respective jurisdictions;
  (d) by donations from well-wishers;
  (e) by any other method (specify)?

(ii) What should the role of traditional/cultural institutions be?

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16. T.O.R. "(p)" - Protection of Children and Young People:

The Constitution recognizes the rights of Children and Young people.

Government has enacted laws such as the Children Statute to operationalise the provisions of the Constitution.

Government has put in place structures such as the National Council for Children, Youth Council and has come up with policies such as Universal Primary Education (UPE) to effectuate the above provisions.

  (i) Do the provisions in the Constitution relating to the rights of Children and Young people offer them adequate protection against violence and abuse?
  (ii) What further protection, if any, would you recommend?

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17. T.O.R. "(q)" National/Official Language:

English is the official language.

The Constitution does not provide for a national language.

An official language is used as a medium of conducting official business.

A national language is used as a medium of communication between different nationalities or tribes.

A national language is important in so far as it serves as an instrument/medium of unifying the different nationalities or tribes.

The question of the national language remained unresolved by the Constituent Assembly because it was decided that Uganda was not yet ready to have one.

  (i) Should Uganda adopt a second official language?
  (ii) If so which language do you propose and why?
  (iii) Is Uganda ready to adopt a national language?
  (iv) If so which language do you propose and why?

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18. T.O.R. "(r)" Fundamental Rights and Freedoms - The Death Penalty:

The Constitution guarantees the fundamental rights and freedoms of an individual.

These rights include the right to life; the right to liberty, work; freedom of association.

The Constitution provides that the right to life can only be taken away after a fair trial.

Hence the Constitution provides for the death penalty.

Under the Constitution the age of majority is 18 years.

However, for purposes of employment the age of majority is 16 years.

  (i) What are your view about the death penalty?
  (ii) Should the age of gainful employment be increased from 16 years to 18 years?

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19. T.O.R. "(s)" Implementation of the Constitution:

The implementation of the Constitution has been on going since 1995.

However, some provisions have not yet been implemented.

The Ministry of Justice and Constitutional Affairs is expected to oversee the implementation of the Constitution.

  (i) What mechanisms do you suggest to ensure efficient, effective and expeditious implementation of the Constitution?

  (ii) Should a new body or another existing body be charged with the responsibility of implementing the Constitution?

20. T.O.R. " (t)" (Any Other Matters)

You should consider any other matters significantly relevant to the Constitution for good governance, the rule of law and affordability by the country of the implementation of the Constitution and to make relevant recommendations.

  (i) What do you consider to be other matters significantly relevant to the Constitution for good governance, the rule of law and affordability by the country of the implementation of the Constitution.

  (i) What are your relevant recommendations?

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