Transition has slid off course
Nov 14, 2004
I have observed that of late nobody in Government ever talks about the political roadmap to guide the country through the transition from Movement system to the multiparty politics as was announced in July. The fact is that the transition is seriously off course.
John Kakande
I have observed that of late nobody in Government ever talks about the political roadmap to guide the country through the transition from Movement system to the multiparty politics as was announced in July. The fact is that the transition is seriously off course.
According to the Government’s political transition roadmap supposed to lead to the 2006 presidential and parliamentary elections under a multiparty political system, Parliament should pass the Constitution (Amendment) Bill by the end of December 2004. The plan also provided that the Referendum and Other Provisions Bill would be passed in September 2004.
It was also planned that the Referendum on the Constitution (Amendment) Bill and its ratification by the District Councils would take place in February 2005. The roadmap also provided for a series of amendments of laws to effect the transition from the Movement system to multiparty politics.
The process of effecting these amendments is supposed to start in March 2005. The laws in question include the Political Parties and Organisations Act, the Police Act, the Presidential Elections Act, the Parliamentary Elections Act, and the Local Government Act.
And finally the presidential and parliamentary elections are scheduled to take place between February and March 2006, which is just 17 months away.
Obviously the transition cannot be managed in accordance with the roadmap announced in July. The Parliament committee on Legal Affairs is currently conducting public hearings on the White Paper.
It is not clear how long the public hearings will go on and when the committee will present its report to the Plenary for debate. I do not see how Parliament can complete the consideration of the committee’s report on the White Paper before it breaks off again for the Christmas and New Year holidays. Certainly Parliament won’t pass the Constitutional (Amendment) Bill by the end of this year as it had earlier been anticipated.
The Minister of Justice and Constitutional Affairs Janat Mukwaya has even not tabled the Constitutional Amendment Bill before Parliament. Even if the Bill is tabled within the next few weeks, Parliament won’t be able to consider it before the White Paper has been disposed of.
Technically, Parliament won’t dispose of the Constitutional Amendment Bill in less than one month. Given the fact that the Government plans to amend several articles of the Constitution through a single Bill, the so-called omnibus Bill, it is most likely that Parliament will take between two and three months to consider and pass the amendments.
This would make it impossible for the Referendum on the Bill to be held in April 2005 as the Vice President, Prof. Gilbert Bukenya indicated recently.
If the referendum is not held by June 2005, there won’t be time to amend the rest of the laws which impinge on the transition such as the Political Parties and Organisations Act, the Presidential Elections Act, the Police Act and the Parliamentary Elections Act.
Against this background, Government should act urgently to get the transition back on track.
I am reliably informed that there are real fears within Parliament that it may not be possible to handle all the constitutional amendments in the limited time available.
The only option now appears to be to pass the amendments in a phased manner, in which case, the Constitution Amendment Bill should include only those constitutional amendments that are urgent and necessary for the transition and governance. Other amendments with no direct impact on the transition should be shelved and left for the next Parliament, which will be elected in 2006.
The amendments proposed in the White Paper relating to things like land, death penalty, judiciary, language, defence and national security, finance, citizenship and Bank of Uganda should not be hurriedly handled together with amendments for political governance necessary for the transition.
This may not only result in a messy transition, but the country could end up with a worse constitution.
I have observed that of late nobody in Government ever talks about the political roadmap to guide the country through the transition from Movement system to the multiparty politics as was announced in July. The fact is that the transition is seriously off course.
According to the Government’s political transition roadmap supposed to lead to the 2006 presidential and parliamentary elections under a multiparty political system, Parliament should pass the Constitution (Amendment) Bill by the end of December 2004. The plan also provided that the Referendum and Other Provisions Bill would be passed in September 2004.
It was also planned that the Referendum on the Constitution (Amendment) Bill and its ratification by the District Councils would take place in February 2005. The roadmap also provided for a series of amendments of laws to effect the transition from the Movement system to multiparty politics.
The process of effecting these amendments is supposed to start in March 2005. The laws in question include the Political Parties and Organisations Act, the Police Act, the Presidential Elections Act, the Parliamentary Elections Act, and the Local Government Act.
And finally the presidential and parliamentary elections are scheduled to take place between February and March 2006, which is just 17 months away.
Obviously the transition cannot be managed in accordance with the roadmap announced in July. The Parliament committee on Legal Affairs is currently conducting public hearings on the White Paper.
It is not clear how long the public hearings will go on and when the committee will present its report to the Plenary for debate. I do not see how Parliament can complete the consideration of the committee’s report on the White Paper before it breaks off again for the Christmas and New Year holidays. Certainly Parliament won’t pass the Constitutional (Amendment) Bill by the end of this year as it had earlier been anticipated.
The Minister of Justice and Constitutional Affairs Janat Mukwaya has even not tabled the Constitutional Amendment Bill before Parliament. Even if the Bill is tabled within the next few weeks, Parliament won’t be able to consider it before the White Paper has been disposed of.
Technically, Parliament won’t dispose of the Constitutional Amendment Bill in less than one month. Given the fact that the Government plans to amend several articles of the Constitution through a single Bill, the so-called omnibus Bill, it is most likely that Parliament will take between two and three months to consider and pass the amendments.
This would make it impossible for the Referendum on the Bill to be held in April 2005 as the Vice President, Prof. Gilbert Bukenya indicated recently.
If the referendum is not held by June 2005, there won’t be time to amend the rest of the laws which impinge on the transition such as the Political Parties and Organisations Act, the Presidential Elections Act, the Police Act and the Parliamentary Elections Act.
Against this background, Government should act urgently to get the transition back on track.
I am reliably informed that there are real fears within Parliament that it may not be possible to handle all the constitutional amendments in the limited time available.
The only option now appears to be to pass the amendments in a phased manner, in which case, the Constitution Amendment Bill should include only those constitutional amendments that are urgent and necessary for the transition and governance. Other amendments with no direct impact on the transition should be shelved and left for the next Parliament, which will be elected in 2006.
The amendments proposed in the White Paper relating to things like land, death penalty, judiciary, language, defence and national security, finance, citizenship and Bank of Uganda should not be hurriedly handled together with amendments for political governance necessary for the transition.
This may not only result in a messy transition, but the country could end up with a worse constitution.