Uganda is an African landlocked country sharing a border with Kenya, South Sudan, Democratic Republic of the Congo, Rwanda, Tanzania. The population of this country is approx 4,92,83,000 with 2,41,038 square kilometers area. Ethnically, Uganda is home to numerous communities, including Baganda, Banyankole, Basoga, Bakiga, Iteso, Langi, Bagisu, Acholi, Lugbara, and none is a majority. The official languages are English and Swahili. 81% of the population are Christian, and 13% are Muslim.
Ugandan authorities will register the birth, marriage and death of every citizen at the state level. Men and women can marry at the age of 18 years. Detention provisions are better than those in many European countries. Victims of injustice will be given adequate compensation in court. Reconciliation will also be encouraged to settle their disputes among themselves.
These are positive aspects. Now let's discuss the negative aspects.
In Uganda, only highly educated citizens are eligible to become members of parliament, which is irrelevant to democracy. For Muslims, a separate system of trial of marriage, divorce, inheritance, etc. has been established through the Qadhi court, which is against the principle of 'one state, one law policy'. The constitution has mentioned in ten places that people with high moral character should be appointed to various important positions. But there is no explanation of what this 'high moral character' means. The traditional cultural leader system has been acknowledged, which creates a kind of parallel system with the conventional administration, and which is clearly against democracy.
Admirable Articles of Uganda's Constitution
2. Supremacy of the Constitution
1. This Constitution is the supreme law of Uganda and shall have binding force on all authorities and persons throughout Uganda.
2. If any other law or any custom is inconsistent with any of the provisions of this Constitution, the Constitution shall prevail, and that other law or custom shall, to the extent of the inconsistency, be void.
3. Defence of the Constitution
1. It is prohibited for any person or group of persons to take or retain control of the Government of Uganda, except in accordance with the provisions of this Constitution.
2. Any person who, singly or in concert with others, by any violent or other unlawful means, suspends, overthrows, abrogates or amends this Constitution or any part of it or attempts to do any such act, commits the offence of treason and shall be punished according to law.
3. This Constitution shall not lose its force and effect even where its observance is interrupted by a government established by the force of arms; and in any case, as soon as the people recover their liberty, its observance shall be re-established and all persons who have taken part in any rebellion or other activity which resulted in the interruption of the observance, shall be tried in accordance with this Constitution and other laws consistent with it.
4. All citizens of Uganda shall have the right and duty at all times-
a. to defend this Constitution, and in particular, to resist any person or group of persons seeking to overthrow the established constitutional order; and
b. to do all in their power to restore this Constitution after it has been suspended, overthrown, abrogated or amended contrary to its provisions.
5. Any person or group of persons who, as required by clause (4) of this article, resists the suspension, overthrow, abrogation or amendment of this Constitution commits no offence.
6. Where a person referred to in clause (5) of this article is punished for any act done under that clause, the punishment shall, on the restoration of this Constitution, be considered void from the time it was imposed and that person shall be taken to be absolved from all liabilities arising out of the punishment.
4. Promotion of public awareness of Constitution
The State shall promote public awareness of this Constitution by-
1. translating it into Ugandan languages and disseminating it as widely as possible; and
2. providing for the teaching of the Constitution in all educational institutions and armed forces training institutions and regularly transmitting and publishing programmes through the media generally.
7. Non-adoption of State religion
Uganda shall not adopt a State religion.
17. Duties of a citizen (Part of it)
● It is the duty of every citizen of Uganda-
○ to respect the rights and freedoms of others;
○ to protect children and vulnerable persons against any form of abuse, harassment or ill-treatment;
○ to protect and preserve public property;
○ to defend Uganda and to render national service when necessary;
○ to co-operate with lawful agencies in the maintenance of law and order;
○ to pay taxes;
○ to register for electoral and other lawful purposes;
○ to combat corruption and misuse or wastage of public property; and
○ to create and protect a clean and healthy environment;
○ to perform such other national duties and obligations as Parliament may by law prescribe.
● Parliament may, in the case of any duty or obligation under clause (1), prescribe a penalty for contravention of that duty or obligation.
18. Registration of births, marriages and deaths
The State shall register every birth, marriage and death occurring in Uganda.
21. Equality and freedom from discrimination
1. All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
2. Without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability.
3. For the purposes of this article, "discriminate" means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability.
4. Nothing in this article shall prevent Parliament from enacting laws that are necessary for-
a. implementing policies and programmes aimed at redressing social, economic or educational or other imbalance in society; or
b. making such provision as is required or authorised to be made under this Constitution; or
c. providing for any matter acceptable and demonstrably justified in a free and democratic society.
5. Nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this Constitution.
31. Rights of the family (Part of it)
● A man and a woman are entitled to marry only if they are each of the age of eighteen years and above and are entitled at that age-
○ to found a family; and
○ to equal rights at and in marriage, during marriage, and at its dissolution.
● Marriage between persons of the same sex is prohibited.
● Marriage shall be entered into with the free consent of the man and woman intending to marry.
● Children may not be separated from their families or the persons entitled to bring them up against the will of their families or of those persons, except in accordance with the law.
34. Rights of children (Part of it)
● A child offender who is kept in lawful custody or detention shall be kept separately from adult offenders.
40. Economic rights
1. Parliament shall enact laws-
a. to provide for the right of persons to work under satisfactory, safe and healthy conditions;
b. to ensure equal payment for equal work without discrimination; and
c. to ensure that every worker is accorded rest and reasonable working hours and periods of holidays with pay, as well as remuneration for public holidays.
2. Every person in Uganda has the right to practise his or her profession and to carry on any lawful occupation, trade or business.
3. Every worker has a right-
a. to form or join a trade union of his or her choice for the promotion and protection of his or her economic and social interests;
b. to collective bargaining and representation; and
c. to withdraw his or her labour according to law.
4. The employer of every woman worker shall accord her protection during pregnancy and after birth, in accordance with the law.
41. Right of access to information
1. Every citizen has a right of access to information in the possession of the State or any other organ or agency of the State except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person.
2. Parliament shall make laws prescribing the classes of information referred to in clause (1) of this article and the procedure for obtaining access to that information.
47. Detention under emergency laws
Where a person is restricted or detained under a law made for the purpose of a state of emergency, the following provisions shall apply-
1. he or she shall, within twenty-four hours after the commencement of the restriction or detention, be furnished with a statement in writing specifying the grounds upon which he or she is restricted or detained;
2. the spouse or next-of-kin of or other person named by the person restricted or detained shall be informed of the restriction or detention and allowed access to the person within seventy-two hours after the commencement of the restriction or detention.
3. not more than thirty days after the commencement of his or her restriction or detention, a notification shall be published in the Gazette and in the media stating that he or she has been restricted or detained and giving particulars of the provisions of the law under which his or her restriction or detention is authorised and the grounds of his or her restriction or detention.
48. Review by Uganda Human Rights Commission
1. The Uganda Human Rights Commission shall review the case of a person who is restricted or detained and to whom article 47 of this Constitution applies, not later than twenty-one days after the commencement of the restriction or detention, and after that, at intervals of not more than thirty days.
2. A person who is restricted or detained shall be permitted and afforded every possible facility-
a. to consult a lawyer of his or her choice or any group of persons who shall be permitted to make representations to the Uganda Human Rights Commission for the review of his or her case;
b. to appear in person or by a lawyer of his or her choice at the hearing or review of his or her case.
3. On a review of the case, the Uganda Human Rights Commission may order the release of that person, or uphold the grounds of the restriction or detention.
71. Multi-party political system
1. A political party in the multi-party political system shall conform to the following principles-
a. every political party shall have a national character;
b. membership of a political party shall not be based on sex, ethnicity, religion, or other sectional division;
c. the internal organisation of a political party shall conform to the democratic principles enshrined in this Constitution;
d. members of the national organs of a political party shall be regularly elected from citizens of Uganda in conformity with the provisions of paragraphs (a) and (b) of this article and with due consideration for gender;
e. political parties shall be required by law to account for the sources and use of their funds and assets;
f. no person shall be compelled to join a particular party by virtue of belonging to an organisation or interest group.
2. Parliament shall by law prescribe a code of conduct for political organisations and political parties and provide for the establishment of a national consultative forum for political parties and organisations with such functions as Parliament may prescribe.
80. Qualifications and disqualifications of members of Parliament (Part of it)
● A person is qualified to be a member of Parliament if that person-
● is a citizen of Uganda;
● is a registered voter; and
● A person is not qualified for election as a member of Parliament if that person-
● is of unsound mind;
● has been adjudged or otherwise declared bankrupt under any law in force in Uganda and has not been discharged; or
● is under a sentence of death or a sentence of imprisonment exceeding nine months imposed by any competent court without the option of a fine.
● has, within the seven years immediately preceding the election, been convicted by a competent court of a crime involving dishonesty or moral turpitude;
● has, within the seven years immediately preceding the election, been convicted by a competent court of an offence under any law relating to elections conducted by the Electoral Commission.
● Under the movement political system, a person elected to Parliament while he or she is a member of a local government council or holds a public office shall resign the office before assuming the office of a member of Parliament.
● Under the multiparty political system, a public officer or a person employed in any government department or agency of the government or an employee of a local government or any body in which the government has controlling interest, who wishes to stand in a general election as a member of Parliament shall resign his or her office at least ninety days before nomination day.
126. Exercise of judicial power
1. Judicial power is derived from the people and shall be exercised by the courts established under this Constitution in the name of the people and in conformity with law and with the values, norms and aspirations of the people.
2. In adjudicating cases of both a civil and criminal nature, the courts shall, subject to the law, apply the following principles-
a. justice shall be done to all irrespective of their social or economic status;
b. justice shall not be delayed;
c. adequate compensation shall be awarded to victims of wrongs;
d. reconciliation between parties shall be promoted; and
e. substantive justice shall be administered without undue regard to technicalities.
183. District Chairperson
1. There shall be a District Chairperson who shall-
a. be the political head of the district; and
b. be elected by universal adult suffrage through a secret ballot.
2. A person is not qualified to be elected District Chairperson unless he or she is-
a. qualified to be elected a member of Parliament;
b. [repealed]
c. a person ordinarily resident in the district.
3. The District Chairperson shall-
a. preside at meetings of the executive committee of the district;
b. monitor the general administration of the district;
c. co-ordinate the activities of urban councils and councils of the lower local administrative units in the district;
d. co-ordinate and monitor Government functions as between the district and the Government; and
e. perform such other functions as Parliament may prescribe.
4. In the performance of the functions under clause (3) of this article, the Chairperson shall be subject to the rules, decisions and recommendations of the district council and be answerable to the council.
193. Grants to local governments (Part of it)
● The President shall for each financial year, in accordance with this Constitution, cause to be presented to Parliament proposals as to the moneys to be paid out of the Consolidated Fund as-
● unconditional grant in accordance with clause (2) of this article;
● conditional grant in accordance with clause (3) of this article;
● equalisation grant in accordance with clause (4) of this article.
● Unconditional grant is the minimum grant that shall be paid to local governments to run decentralised services and shall be calculated in the manner specified in the Seventh Schedule to this Constitution.
● Conditional grant shall consist of moneys given to local governments to finance programmes agreed upon between the Government and the local governments; and shall be expended only for the purposes for which it was made and in accordance with the conditions agreed upon.
● Equalisation grant is the money to be paid to local governments for giving subsidies or making special provisions for the least developed districts; and shall be based on the degree to which a local government unit is lagging behind the national average standard for a particular service.
Facts of Uganda's Constitution
80. Qualifications and disqualifications of members of Parliament (Part of it)
● A person is qualified to be a member of Parliament if that person-
● is a citizen of Uganda;
● is a registered voter; and
● has completed a minimum formal education of Advanced Level standard or its equivalent which shall be established in a manner and at a time prescribed by Parliament by law.
129. The courts of Judicature
● The judicial power of Uganda shall be exercised by the Courts of Judicature which shall consist of-
● the Supreme Court of Uganda;
● the Court of Appeal of Uganda;
● the High Court of Uganda; and
● such subordinate courts as Parliament may by law establish, including Qadhis' courts for marriage, divorce, inheritance of property and guardianship, as may be prescribed by Parliament.
● The Supreme Court, the Court of Appeal and the High Court of Uganda shall be superior courts of record and shall each have all the powers of such a court.
● Subject to the provisions of this Constitution, Parliament may make provision for the jurisdiction and procedure of the courts.
146. Judicial Service Commission (Part of it)
● There shall be a Judicial Service Commission.
● A person is not qualified to be appointed a member of the Judicial Service Commission unless the person is of high moral character and proven integrity.
246. Institution of traditional or cultural leaders
● Subject to the provisions of this Constitution, the institution of traditional leader or cultural leader may exist in any area of Uganda in accordance with the culture, customs and traditions or wishes and aspirations of the people to whom it applies.
● In any community, where the issue of traditional or cultural leader has not been resolved, the issue shall be resolved by the community concerned using a method prescribed by Parliament.
● The following provisions shall apply in relation to traditional leaders or cultural leaders-
● the institution of traditional leader or cultural leader shall be a corporation sole with perpetual succession and with capacity to sue and be sued and to hold assets or properties in trust for itself and the people concerned;
● nothing in paragraph (a) shall be taken to prohibit a traditional leader or cultural leader from holding any asset or property acquired in a personal capacity;
● a traditional leader or cultural leader shall enjoy such privileges and benefits as may be conferred by the Government and local government or as that leader may be entitled to under culture, custom and tradition;
● subject to paragraph (c) of this clause, no person shall be compelled to pay allegiance or contribute to the cost of maintaining a traditional leader or cultural leader;
● a person shall not, while remaining a traditional leader or cultural leader, join or participate in partisan politics;
● a traditional leader or cultural leader shall not have or exercise any administrative, legislative or executive powers of Government or local government.
● The allegiance and privileges accorded to a traditional leader or a cultural leader by virtue of that office shall not be regarded as a discriminatory practice prohibited under article 21 of this Constitution; but any custom, practice, usage or tradition relating to a traditional leader or cultural leader which detracts from the rights of any person as guaranteed by this Constitution, shall be taken to be prohibited under that article.
● For the avoidance of doubt, the institution of traditional leader or cultural leader existing immediately before the coming into force of this Constitution shall be taken to exist in accordance with the provisions of this Constitution.
● For the purposes of this article, "traditional leader or cultural leader" means a king or similar traditional leader or cultural leader by whatever name called, who derives allegiance from the fact of birth or descent in accordance with the customs, traditions, usage or consent of the people led by that traditional or cultural leader.
