How CA delegates debated right to access information

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During the Constitution-making process, the right of Ugandans to access information stirred some controversy. Some of the 284 delegates argued passionately that citizens must have the right to know how the Government operates and how public funds are spent.

Others, however, warned that giving unlimited access could threaten state security and reveal sensitive information.

During the debates, Francis Kiyonga, the Constituent Assembly (CA) delegate for Upe county, Moroto district, criticised fellow delegates for protecting corrupt officials by denying the public access to information.

He supported an amendment moved by David Pulkol (Matheniko), Omara Atubo (Otuke) and Wasswa Lule (Rubaga North), which sought to insert a new Article 68(1) into the Constitution.

The article stated that every person shall have the right of access to information in the possession of the State or any organ or agency of the State, except to the extent that the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to privacy of any other person.

Kiyonga argued that some information regarded as “classified” or “confidential” was sometimes a ploy by corrupt officials to cover their wrongdoings. He stressed that access to information would allow the public to check leaders and ensure accountability, while maintaining only necessary limits to protect the State and individuals.

Kiyonga said some information labelled as “classified” or “confidential” was sometimes a ploy by corrupt officials to cover their wrongdoings.

He argued that the public should be allowed access to information to hold leaders accountable and prevent secret deals.

However, the amendment faced opposition. Prof. Tarsis Kabwegyere, the delegate for Igara West, argued that the proposal was too extreme and could endanger the state by exposing all its secrets.

In response, Sam Kutesa (Mawogola) defended the amendment, explaining that access to information was essential for citizens to check leaders and ensure transparency in the Government.

Pulkol moved the amendment to introduce a new article on access to information. He argued that citizens have a right to know what the Government is doing and how public resources are used. Pulkol stressed that this would help reduce corruption and promote transparency.

Atubo supported the amendment as a co-mover. He said the public should be able to access information held by the state to check leaders and ensure accountability. Atubo emphasised that access to information strengthens democracy and citizen participation.

Lule, another co-mover of the amendment, said many officials hide behind “classified” labels to cover up wrongdoing. He noted that the amendment would entrench the right of citizens to know about government activities while maintaining only necessary limits for security and privacy.

After a long discussion, the amendment was referred to the legal and drafting committee for further review, showing the CA’s careful approach to balancing public rights with state interests.

OTHER RIGHTS

The Assembly session also included other related debates on rights and protections. Chango Macho (Samia Bugwe) caused prolonged laughter when he said malwa is very important, while contributing to an amendment moved by Teopista Sentongo (Workers) and M.K. Anandrua (NOTU).

This amendment aimed to entrench workers’ rights in the Constitution. Chango emphasised that human rights could not be fully discussed without including workers’ rights, giving examples from countries as Hong Kong and North Korea where workers protested against unfair treatment.

In addition, Cecilia Ogwal (Lira municipality) introduced Article 65(2), which stated that every Ugandan shall have the right to participate in peaceful civil activity to influence the composition and policies of the Government.

This amendment sparked discussion. Prof. George Kanyeihamba (Rubanda) expressed surprise, noting that similar rights were already included in Article 59(e).

Chairperson James Wapakhabulo asked Ogwal whether she had considered Article 59(e) before proposing the amendment. Ogwal replied: “I had seen it, but I feel we should have a larger latitude to exercise our rights.”

The debates showed the CA’s commitment to creating a constitution that promotes transparency, accountability, and citizen participation, while balancing state security and administrative needs. The discussions on access to information were crucial in shaping Uganda’s democratic framework.