Constitutional History of Uganda

KABENGWA ALEX

23/U/08540/PS

2300708540

 CONSTITUTIONAL HISTORY COUSE WORK

BACHELOR OF LAWS YEAR ONE SEMESTER ONE

Question; How did the British colonial rule affect the constitutional development of Uganda from the pre-colonial period to the 1990s? Discuss the main features and challenges of the 1962 and 1995 constitutions, and evaluate their impact on the political system and structure, the formation of political parties and movements, and the rights and freedoms of the Ugandan people.

ABSTRACT

This essay discusses the constitutional history and development of Uganda from the colonial era to the 1990s, focusing on the 1962 and 1995 constitutions, and their impact on the political system and structure, the formation of political parties and movements, and the rights and freedoms of the Ugandan people. The essay argues that the British colonial rule had a mixed effect on the constitutional development of Uganda, as it introduced some elements of democracy and federalism that were suitable for a multi-ethnic and multi-religious country, but also created some problems and conflicts that undermined the stability and unity of Uganda. The essay also evaluates the main features and challenges of the 1962 and 1995 constitutions, which were both products of compromise and negotiation between different interests and demands. The essay concludes by suggesting that the future of constitutionalism in Uganda depends on the political will, the civic education, the social mobilization, and the international support. The essay is based on the analysis of Oloka-Onyango & Tusasirwe (1995), who provide a comprehensive account of the constitutional history and development of various African countries, including Uganda.

The British colonial rule began in 1894 when Uganda was declared a British protectorate. Initially the British authorities were operating in Uganda as Imperial British East African Company (IBEACO) which came to Uganda with a major aim in developing the legitimate trade through export of cotton and other cash crops. In 1890, the Company entered into an agreement with the kingdom of Buganda. The 1890 agreement between IBEACO and Buganda was a treaty that established British protection over the kingdom of Buganda and its dependencies on behalf of the British government. The treaty was signed by Captain Lugard, the representative of the Imperial British East Africa Company, and Mwanga II, the king of Buganda. The treaty was part of the British strategy to secure their sphere of influence in East Africa, and also aimed to maintain peace and stability in Buganda, which was divided by religious factions and civil wars. The company also built roads and steamship to facilitate trade and Communication in the area.

Uganda is a country that has experienced a turbulent and complex constitutional history, which has been influenced by various factors, such as the colonial legacy, the independence movements, the post-independence challenges, and the contemporary issues of constitutionalism. The British colonial rule had a mixed effect on the constitutional development of Uganda, as it introduced some elements of democracy and federalism that were suitable for a multi-ethnic and multi-religious country, but also created some problems and conflicts that undermined the stability and unity of Uganda. The 1962 constitution was an attempt to resolve these issues, but it was not successful in doing so. The 1995 constitution was a result of a long process of consultation and debate, which aimed to address the needs and aspirations of the Ugandan people. However, the 1995 constitution also had some limitations and weaknesses that posed challenges for constitutionalism in Uganda. In this essay, I will explain my argument in more detail by discussing the following points: the impact of the British colonial rule on the political system and structure of Uganda, the formation of political parties and movements that challenged the British rule and demanded self-government, independence and national unity, and the main features and challenges of the 1962 and 1995 constitutions, and their impact on the political system and structure, the formation of political parties and movements, and the rights and freedoms of the Ugandan people.

Before discussing the impact of the British colonial rule on the constitutional development of Uganda, it is important to understand the pre-colonial political and social structures of Uganda, which were characterized by a diversity of ethnic groups, kingdoms, chiefdoms, clans and religions. According to Oloka-Onyango & Tusasirwe (1995), Uganda was composed of more than 50 ethnic groups that spoke different languages and had different cultures. Some of these groups formed centralized kingdoms, such as Buganda, Bunyoro, Toro and Ankole, which had well-defined political systems and institutions. Other groups formed decentralized chiefdoms or clans, such as Busoga, Acholi, Lango and Teso, which had more flexible forms of governance and authority. These groups also practiced different religions, such as Uganda’s native religion, Catholicism, Protestantism, and Islam, which influenced their social values and norms.

The British colonial rule had a significant impact on the political system and structure of Uganda, both before and after independence. According to Oloka-Onyango & Tusasirwe (1995), the British imposed a system of indirect rule that favoured some regions and ethnic groups over others, creating a legacy of inequality and conflict that persists to this day. The British also introduced a Westminster-style parliamentary democracy that was incompatible with the traditional forms of governance and authority that existed in Uganda.

One of the main examples of the British colonial influence was the establishment of the Legislative Council in 1920, which was the first representative body in Uganda that allowed some participation of the Ugandan people in the decision-making process. However, the representation was not proportional or inclusive, as it favored the Kingdom of Buganda over other regions and excluded women and non-Christians from voting (Oloka-Onyango & Tusasirwe, 1995).

Moreover, the British granted Buganda a special status within Uganda, which gave them more autonomy and privileges than other regions, such as having their own constitution, parliament, judiciary and flag (Oloka-Onyango & Tusasirwe, 1995). This created resentment and resistance among other ethnic groups, especially the Banyoro, who had lost their land and sovereignty to Buganda (Oloka-Onyango & Tusasirwe, 1995).

Another example of the British colonial influence was the exploitation of the religious divisions among the Ugandan people, who were divided into four factions: adherents of Uganda’s native religion, Catholics, Protestants and Muslims. The British favored the Protestants over the other groups, and used them as their agents and intermediaries (Oloka-Onyango & Tusasirwe, 1995). The British also faced opposition from the Catholic and Muslim communities, who felt marginalized and discriminated by the Protestant-dominated government (Oloka-Onyango & Tusasirwe, 1995).

The formation of political parties and movements that challenged the British rule and demanded self-government, independence and national unity

The British colonial rule influenced the formation of political parties and movements in Uganda by using the policy of divide and rule, which exploited the existing ethnic, religious and regional differences among the Ugandan people. The British favored the Kingdom of Buganda, which had a well-established political system and a Protestant majority, and granted them more autonomy and privileges than other regions. The British also created a hierarchy of chiefs, who were loyal to the colonial administration and acted as intermediaries between the British and the local population.

These factors created resentment and resistance among other ethnic groups, Especially the Banyoro, who had lost their land and sovereignty to Buganda. The British also faced opposition from the Catholic and Muslim communities, who felt marginalized and discriminated by the Protestant-dominated government. As a result, various political parties and movements emerged in Uganda to challenge the British rule and demand self-government, independence and national unity.

Some of the prominent parties were; The Uganda National Congress (UNC), which was founded in 1952 as the first political party in Uganda. It was founded by Ignatious Musaazi and its main purpose was to unite all Ugandans regardless of their ethnic or religious backgrounds. However, it failed to gain popular support due to its lack of clear ideology and leadership (Oloka-Onyango & Tusasirwe, 1995).

The Democratic Party (DP), which was formed in 1954 by mainly Catholic leaders spearheaded by Benedicto Kiwanuka. It had its supporters in Buganda and among the Catholic population. It advocated for a federal system that would protect the rights of the minorities (Oloka-Onyango & Tusasirwe, 1995).

The Kabaka Yekka (KY), which was established in 1961 by Buganda loyalists. It mainly focused on preserving the autonomy and monarchy of Buganda rather than uniting the whole country (Oloka-Onyango & Tusasirwe, 1995).

The Uganda People’s Congress (UPC), which was created in 1960 by Milton Obote after successfully breaking off from the Uganda National Congress. It had its supporters among the non-Baganda ethnic groups, especially the northern and eastern regions. It wanted a unitary state that would reduce the power and privileges of Buganda (Oloka-Onyango & Tusasirwe, 1995).

These parties competed for leadership positions and formed alliances and rivalries with each other, leading to political instability and violence in the post-independence era.

The main features and challenges of the 1962 and 1995 constitutions, and their impact on the political system and structure, the formation of political parties and movements, and the rights and freedoms of the Ugandan people

The political parties that shaped the constitutional negotiations and debates that led to the 1962 constitution were mainly the Uganda National Congress (UNC), the Democratic Party (DP), the Uganda People’s Congress (UPC) and the Kabaka Yekka (KY). The constitutional negotiations and debates were influenced by the issues of regional representation, ethnic balance, religious diversity, land ownership, citizenship, human rights and the role of traditional rulers. The 1962 constitution was a compromise between the different interests and demands of these parties, as well as the British government.

The main features of the 1962 constitution were:

 It established Uganda as a sovereign state and a member of the Commonwealth, with Queen Elizabeth II as the nominal head of state and a Governor-General as her representative.

 It provided for a system of parliamentary democracy, with a Prime Minister as the head of government and a bicameral legislature composed of a directly elected National Assembly and an indirectly elected Senate.

It distributed powers between the central government and the regions, giving special status to four federal states (Buganda, Ankole, Toro and Bunyoro) and one semi-federal state (Busoga), which had their own legislatures, executives and courts. The rest of the districts were administered directly by the central government.

 It guaranteed fundamental rights and freedoms, such as freedom of expression, association, movement, religion and conscience, subject to limitations for public order, morality and security.

 It provided for an independent judiciary, headed by a Chief Justice and comprising a High Court, a Court of Appeal and subordinate courts. It also allowed for appeals to the Judicial Committee of the Privy Council in London.

However, the 1962 constitution also had some challenges that undermined its effectiveness and legitimacy. Some of these challenges were:

The constitution was not fully representative or inclusive of the diverse interests and views of the Ugandan people, as it was largely influenced by the British government and the dominant political parties, especially the UPC and the KY. The constitution also excluded women, youth, and other marginalized groups from the political process (Oloka-Onyango & Tusasirwe, 1995).

The constitution created a fragile and unstable coalition government between the UPC and the KY, which was based on a personal agreement between Obote and Mutesa II, rather than a common vision or ideology. The coalition soon collapsed due to political and ideological differences, leading to a constitutional crisis and a military coup in 1966 (Oloka-Onyango & Tusasirwe, 1995).

The constitution failed to address some of the fundamental issues that had plagued the previous constitutions, such as the land question, the citizenship question, the human rights question, and the role of traditional rulers. These issues remained unresolved and contentious, and became sources of conflict and violence in the post-independence era (Oloka-Onyango & Tusasirwe, 1995).

The 1962 constitution was eventually suspended and replaced by Obote’s interim constitution in 1966, which was later replaced by the republican constitution in 1967. These constitutions abolished the monarchy, the federal system, the bicameral legislature, and the rights and freedoms that were guaranteed by the 1962 constitution. They also concentrated power in the hands of Obote and his military allies, who ruled Uganda with an iron fist until they were overthrown by Idi Amin in 1971 (Oloka-Onyango & Tusasirwe, 1995).

The prospects and challenges of constitutionalism in Uganda in the light of the 1995 constitution. After a period of dictatorship, civil war, and political turmoil that lasted for more than two decades, Uganda embarked on a process of constitutional review and reform that culminated in the promulgation of the 1995 constitution. The 1995 constitution was a result of a long process of consultation and debate that involved various stakeholders, such as political parties, civil society organizations, religious groups, traditional leaders, women’s groups, youth groups, and others. The 1995 constitution aimed to address the needs and aspirations of the Ugandan people, as well as to restore constitutionalism and democracy in Uganda.

The 1995 constitution had several features that marked a significant improvement from the previous constitutions. Some of these features include;

It restored the sovereignty of the people as the source of all authority and power in Uganda. It also provided for popular participation in governance through regular elections, referenda, petitions, recall of representatives, and other mechanisms (Oloka-Onyango & Tusasirwe, 1995).

It restored the multiparty system that had been abolished by Obote in 1969. It also provided for a pluralistic and competitive political environment that respected diversity and tolerance (Oloka-Onyango & Tusasirwe, 1995).

It restored the federal system that had been abolished by Obote in 1966. It also provided for a devolution of powers and resources to local governments that were elected by the people (Oloka-Onyango & Tusasirwe, 1995).

It restored the rights and freedoms that had been suspended or violated by the previous regimes. It also provided for a comprehensive bill of rights that covered civil, political, economic, social and cultural rights, as well as the rights of women, children, persons with disabilities, minorities and other vulnerable groups (Oloka-Onyango & Tusasirwe, 1995).

It restored the judiciary that had been undermined or manipulated by the previous regimes. It also provided for an independent, impartial and competent judiciary that was accountable to the people and protected by the constitution (Oloka-Onyango & Tusasirwe, 1995).

However, the 1995 constitution also had some limitations and weaknesses that posed challenges for constitutionalism in Uganda.Some of these limitations and weaknesses were:

The constitution was not fully participatory or inclusive, as it was largely influenced by the National Resistance Movement (NRM), which was the ruling party and former rebel movement led by Yoweri Museveni. The NRM had a dominant role in the Constituent Assembly, which was the body that drafted and adopted the constitution. The NRM also had a monopoly over the state apparatus, the media, the security forces, and other resources, which gave them an unfair advantage over other political actors (Oloka-Onyango & Tusasirwe, 1995).

The constitution concentrated power in the executive branch, especially in the office of the president, who had wide-ranging powers and prerogatives, such as the power to appoint and dismiss the vice-president, the prime minister, the cabinet ministers, the judges, the army commander, the inspector general of police, and other public officials. The president also had the power to declare a state of emergency, to dissolve the parliament, to veto legislation, to issue decrees, and to grant pardons (Oloka-Onyango & Tusasirwe, 1995).

The constitution marginalized women, who had a low representation in the political institutions, such as the parliament, the cabinet, the judiciary, and the local governments. The constitution also failed to address some of the issues that affected women, such as domestic violence, sexual harassment, female genital mutilation, early marriage, and inheritance rights (Oloka-Onyango & Tusasirwe, 1995).

The constitution interfered with the independence of the judiciary, which was subject to political pressure, corruption, intimidation, and interference from the executive branch. The constitution also failed to provide adequate resources and facilities for the judiciary, which affected its efficiency and effectiveness (Oloka-Onyango & Tusasirwe, 1995).

In conclusion,The constitutional development of Uganda has been influenced by various factors, such as the colonial legacy, the independence movements, the post-independence challenges, and the contemporary issues of constitutionalism. The British colonial rule had a mixed effect on the constitutional development of Uganda, as it introduced some elements of democracy and federalism that were suitable for a multi-ethnic and multi-religious country, but also created some problems and conflicts that undermined the stability and unity of Uganda. The 1962 constitution was an attempt to resolve these issues, but it was not successful in doing so. The 1995 constitution was a result of a long process of consultation and debate, which aimed to address the needs and aspirations of the Ugandan people. However, the 1995 constitution also had some limitations and weaknesses that posed challenges for constitutionalism in Uganda. The future of constitutionalism in Uganda depends on the political will, the civic education, the social mobilization, and the international support. There is a need for a more inclusive and participatory process of constitutional review and reform that would address the issues and concerns of the Ugandan people.

Reference; Oloka-Onyango J., & Tusasirwe B. (1995). Constitutionalism in Africa: Creating Opportunities, Facing Challenges. Kampala: Fountain Publishers.