Sovereignty Bill unconstitutional, says ULS

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The Uganda Law Society (ULS) has rejected the proposed Protection of Sovereignty Bill, describing it as unconstitutional and a threat to the country’s democratic foundation.

In a statement dated April 20, ULS said the Bill introduces changes to the Constitution without consulting citizens.

The lawyers’ body argues that the proposed law removes the principle that “all power belongs to the people” and instead vests power in the Government.

ULS further contends that the Bill undermines citizens’ right to be governed through their will and consent, while granting the minister and a proposed department of peace and security unchecked powers to determine “Government interests” and penalise dissenting views.

The society said the Bill contravenes Article 1 of the Constitution, which guarantees sovereignty to the people, and shifts authority to the Executive.

“The Constitution is clear that any law seeking to alter fundamental aspects of governance, including who holds power and how rights are protected, must be subjected to a national referendum,” ULS stated, citing Article 260(2)(b) of the Constitution.

“Every Ugandan must be given an opportunity to vote,” the statement reads in part.

ULS says that failure to subject the Bill to a referendum renders it null and void, with no legal effect.

“Because the bill skipped the mandatory referendum, it is dead on arrival. It is unconstitutional, null and void, and has no legal effect whatsoever. No court in Uganda should ever treat it as a law,” ULS stated.

The lawyers’ body also said the Bill could stifle free speech, arguing that it criminalises criticism of Government policy under the guise of “economic sabotage”.

ULS added that the proposed law could restrict funding to independent institutions such as schools, hospitals, media houses and non-governmental organisations.

The lawyers’ body called on Ugandans to reject the Bill, insisting that sovereignty rests with the people.

ULS also warned that enactment of the Bill could put Uganda at odds with international obligations under instruments such as the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights and the Treaty for the Establishment of the East African Community.