Alexander Levixon
The Constitutional Development of Uganda from 1967 to Present
Uganda is a country that has experienced various political and constitutional changes since its independence from Britain in 1962. The first constitution of Uganda, which was adopted in 1962, was based on a parliamentary democracy and a federal system that granted some autonomy to the four kingdoms and ten districts within Uganda. However, this constitution was abrogated by Prime Minister Milton Obote in 1966, who declared himself President under an Interim Constitution of 1966. The Interim Constitution was replaced by the 1967 Constitution, which abolished the federal system and centralized power in Obote’s hands. The 1967 Constitution was followed by the 1971 Constitution, which was imposed by Idi Amin after he overthrew Obote in a coup. The 1971 Constitution was suspended by the 1979 Constitution, which was enacted by the Uganda National Liberation Front after they ousted Amin in a liberation war. The 1979 Constitution was superseded by the 1980 Constitution, which was drafted by a constituent assembly and restored Obote to power after he won the controversial 1980 elections. The 1980 Constitution was nullified by the 1985 Constitution, which was introduced by Tito Okello after he toppled Obote in another coup. The 1985 Constitution was abrogated by the 1986 Constitution, which was promulgated by Yoweri Museveni after he seized power with his National Resistance Army. The 1986 Constitution was amended by the 1995 Constitution, which was formulated by a constitutional commission and approved by a constituent assembly. The 1995 Constitution is the current constitution of Uganda, which has been amended four times since its enactment.
The 1967 Constitution
The 1967 Constitution was the second constitution of Uganda, which came into force on September 8, 1967. It was drafted by a constitutional commission appointed by Obote, who had suspended the first constitution of 1962 and declared himself President under an Interim Constitution of 1966. The constitutional commission did not consult or involve any representatives from other regions or groups in Uganda, nor did it seek any public input or feedback on its proposals.
The main features of the 1967 Constitution were:
It extended the life of the Parliament, which was constituted into a constituent assembly and given a mandate to draft a new constitution for Uganda.It declared Obote as the President of Uganda for a term of five years, with sweeping executive, legislative, and judicial powers.It abolished the federal system and dissolved the regional governments and legislatures, and replaced them with provincial administrations appointed by Obote.It revoked Buganda’s special status and privileges, and reduced it to a mere province within Uganda.It banned all political parties except for the Uganda People’s Congress (UPC), which became the sole legal party in Uganda.
The 1967 Constitution marked a radical departure from the 1962 Constitution, as it transformed Uganda from a federal democracy into a unitary dictatorship. The 1967 Constitution also violated the principles of constitutionalism, such as popular sovereignty, separation of powers, checks and balances, rule of law, human rights, and constitutional amendment procedures. The 1967 Constitution also alienated and antagonized many regions and groups in Uganda, who felt betrayed and oppressed by Obote’s regime.
The 1971 Constitution
The 1971 Constitution was the third constitution of Uganda, which took effect on January 25, 1971. It was imposed by Idi Amin after he overthrew Obote in a coup on January 15, 1971. Amin suspended the 1967 Constitution and ruled by decree until he promulgated the new constitution.
The main features of the 1971 Constitution were:
It vested all executive, legislative, and judicial powers in Amin as the President of Uganda.It abolished the Parliament and replaced it with an advisory council appointed by Amin.It suspended all political parties and activities in Uganda.It suspended all fundamental rights and freedoms guaranteed by the previous constitution.It declared Islam as the state religion of Uganda.
The 1971 Constitution was not a genuine constitution, but a mere instrument of Amin’s dictatorship. It gave Amin absolute and arbitrary power over all aspects of Ugandan life. It also enabled Amin to commit gross human rights violations against his opponents and critics, as well as ethnic minorities and religious groups. Amin’s rule was characterized by corruption, nepotism, economic mismanagement, social decay, and international isolation.
The 1979 Constitution
The 1979 Constitution was the fourth constitution of Uganda, which came into force on April 13, 1979. It was enacted by the Uganda National Liberation Front (UNLF), which was a coalition of exiled Ugandans and Tanzanian troops that ousted Amin in a liberation war that lasted from October 1978 to April 1979. The UNLF formed a provisional government and appointed a constitutional commission to draft a new constitution for Uganda.
The main features of the 1979 Constitution were:
It restored the parliamentary system of government, with a ceremonial president as the head of state and a prime minister as the head of government.It reinstated the bicameral legislature, consisting of the National Assembly elected by universal adult suffrage and the National Consultative Council appointed by the UNLF.It revived the multiparty system, allowing all political parties to participate in the elections.It reinstated the bill of rights, guaranteeing civil liberties and human rights for all Ugandans.It maintained a unitary system of government, but allowed for some decentralization and devolution of powers to the districts.
The 1979 Constitution was a transitional constitution, which was meant to pave the way for a democratic and stable Uganda. It was based on the principles of national unity, reconciliation, and reconstruction. It also reflected the aspirations and demands of the various regions and groups in Uganda, who had suffered under Obote’s and Amin’s regimes.
The 1980 Constitution
The 1980 Constitution was the fifth constitution of Uganda, which took effect on December 22, 1980. It was drafted by a constituent assembly elected in June 1980. The constituent assembly was dominated by Obote’s UPC party, which had won the controversial 1980 elections amid allegations of rigging and violence. Obote returned to power as the President of Uganda under the new constitution.
The main features of the 1980 Constitution were:
It retained the parliamentary system of government, with a president as the head of state and a prime minister as the head of government.It retained the bicameral legislature, consisting of the National Assembly elected by universal adult suffrage and the National Consultative Council appointed by the president.It retained the multiparty system, but gave an unfair advantage to the UPC party, which controlled most of the seats in both houses of parliament.It retained the bill of rights, but also gave sweeping powers to the president to suspend or limit them in times of emergency or public interest.It retained the unitary system of government, but also gave discretionary powers to the president to create or abolish districts or regions.
The 1980 Constitution was not a legitimate constitution, but a manipulated document that served Obote’s interests. It did not reflect the will or consent of the majority of Ugandans, who had rejected Obote’s rule in the past. It also did not address or resolve the underlying issues and conflicts that plagued Uganda, such as regional imbalances, ethnic divisions, religious tensions, and economic problems.
The 1985 Constitution
The 1985 Constitution was the sixth constitution of Uganda, which came into force on July 29, 1985. It was introduced by Tito Okello after he toppled Obote in a coup on July 27, 1985. Okello was a former army commander who had defected from Obote’s regime and joined forces with other dissident soldiers and rebels. Okello declared himself President of Uganda under the new constitution.
The main features of the 1985 Constitution were:
It maintained the parliamentary system of government, with a president as the head of state and a prime minister as the head of government.It maintained the bicameral legislature, consisting of the National Assembly elected by universal adult suffrage and the National Consultative Council appointed by the president.It maintained the multiparty system, but also allowed for independent candidates to contest in the elections.It maintained the bill of rights, but also allowed for their suspension or limitation in times of emergency or public interest.It maintained the unitary system of government, but also allowed for some decentralization and devolution of powers to the districts or regions.
The 1985 Constitution was a provisional constitution, which was meant to facilitate peace talks between Okello’s regime and Museveni’s National Resistance Army (NRA), which had waged a guerrilla war against Obote’s regime since 1981. The peace talks resulted in an agreement signed in Nairobi on December 17, 1985, which provided for a ceasefire, power-sharing arrangements, constitutional reforms, and general elections. However, the agreement was never implemented, as Museveni’s NRA launched a final offensive against Okello’s forces and captured Kampala on January 26, 1986.
The 1986 Constitution
The 1986 Constitution was the seventh constitution of Uganda, which took effect on January 29, 1986. It was promulgated by Museveni after he seized power with his NRA on January 26, 1986. Museveni declared himself President of Uganda under the new constitution.
The main features of the 1986 Constitution will be shown in my next article
This post was created with our nice and easy submission form. Create your post!
