Ex-minister Matembe says Sovereignty Bill threatens rights, constitutional order

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Former minister Dr Miria Matembe, who is also a senior citizen and former Member of Parliament, says the Protection of Sovereignty Bill, 2026, could undermine Uganda’s constitutional framework, democratic governance and socio-economic stability if passed in its current form.

In a memorandum submitted to the joint committees on legal and parliamentary affairs and defence and internal affairs, Matembe says that although safeguarding national sovereignty is a legitimate objective, the Bill is “overly broad, vague and disproportionate,” with the potential to erode fundamental rights and freedoms.

She argues that the Bill departs from the core principle under Article 1 of the Constitution, which vests sovereignty in the people.

“All power and authority of government and its organs derive from the people,” she says, warning that the proposed law risks shifting that authority to the State.

“This Bill is seeking to hijack the sovereignty of the people and place it in the hands of the Government,” Matembe stated on April 28, 2026, adding that it would limit citizens’ participation in governance by subjecting them to licensing requirements as “agents of foreigners.”

Matembe also raised concern about the Bill’s interpretation of citizenship, noting that it seeks to classify Ugandans living abroad as foreigners. She said this contradicts constitutional provisions under Articles 9 to 15, which clearly define how citizenship is acquired and lost.

“Legislation is not listed as a ground for loss of citizenship,” she argued, warning that such provisions could undermine the rights of Ugandans in the diaspora and disrupt their contribution to national development.

On civil and political rights, Matembe said the Bill’s broad definition of “foreign agents” and mandatory registration requirements could restrict freedom of association and assembly. She noted that lawful organisations, including civic and humanitarian groups, would be subjected to executive approval, effectively turning constitutional freedoms into privileges.

“This transforms the enjoyment of constitutional freedoms into a licensed privilege,” she said, cautioning that it could discourage citizen participation and weaken democratic norms.

She further warned that provisions criminalising engagement with foreign partners could “chill public discourse” and undermine freedom of expression. According to Matembe, such measures would discourage advocacy, research and policy engagement, all of which are essential to a functioning democracy.

The Bill also raises due process concerns, she added, noting that it grants wide discretionary powers to the Executive, including authority to approve or deny registration, suspend operations and impose sanctions without clear safeguards.

“Without clear criteria, timelines or independent oversight, this violates the right to a fair hearing and lawful administrative action,” she said.

Matembe further argued that the Bill fails the constitutional test for limiting rights under Article 43, which requires any restriction to be justified, proportionate and necessary in a free and democratic society. She said the proposed law applies broadly, imposes criminal penalties where civil remedies would suffice, and lacks safeguards against abuse.

Beyond governance, she warned of significant economic and social implications. The Bill, she said, could interfere with the right to work by affecting professionals who rely on international partnerships, including researchers, health workers and private sector actors.

Restrictions on foreign funding, she added, could disrupt investments, grants and donations, potentially leading to arbitrary interference with property rights and contractual relations.

Matembe also highlighted risks to social services, noting that Uganda’s health, education and humanitarian sectors depend heavily on international cooperation. She warned that limiting such support could undermine service delivery and violate the State’s obligation to promote social welfare.

“The Bill creates regulatory uncertainty, investor risk and compliance burdens that may deter foreign and diaspora investment,” she said, adding that this could weaken Uganda’s economic resilience.

On diaspora engagement, Matembe said the proposed classification of Ugandans abroad as foreigners could erode national unity, discourage investment and reduce remittances that support households and communities.

She emphasised that civil society, professionals and the diaspora should be viewed as partners in development rather than threats.

“Strong institutions, not excessive control, protect sovereignty,” Matembe said, urging Parliament to ensure that any legislation strengthens democratic governance rather than restricting it.

In conclusion, she called on legislators to exercise their constitutional mandate and reject the Bill in its current form, warning that it risks undermining constitutionalism, democratic participation and social welfare.

“I urge Honourable Members to end your tenure on the side of the Constitution and the people,” she said.