Ugandans react to CRC report
Jan 13, 2004
The Constitutional Review Commission report is out. The report recommends a federal status for the regions that want it. It proposes a return to party politics, a lifting of term limits to be solved through a referendum. It proposes that parliament be reduced to only 120 directly elected members, do
The Constitutional Review Commission report is out. The report recommends a federal status for the regions that want it. It proposes a return to party politics, a lifting of term limits to be solved through a referendum. It proposes that parliament be reduced to only 120 directly elected members, down from 214. Joshua Kato compiled reactions of the public
The Constitutional Review Commission was set up in February 2001 to review some of the contentious issues in the Constitution. According to procedure, the Commission was supposed to seek views from Ugandans about which sections of the Constitution should be reviewed.
After collecting these views, they were supposed to hand them over to the minister of justice and constitutional affairs. The report of the views was handed to Janat Mukwaya, the Minister of Justice and Constitutional affairs on December 10.
Chibita Wa Duallo, a lawyer, says that the CRC report is not yet out, at least officially.
“The minister shall after receiving the report present it to Cabinet. After cabinet discusses it, they will decide where it will happen next,†he says.
Erias lukwago, another lawyer, says that the report is supposed to be presented to parliament from cabinet.
“Cabinet can only discuss the report and make a few recommendations, before presenting it to parliament,†Lukwago says.
He explains that it is only in parliament that the proposals can be finally amended into the constitution. “This means that whatever has been proposed by the CRC remains just a proposal until it has been debated by parliament,†he says.
On the report Lukwago says, “One of the most important and contentious issues of the lifting of term limits should not have been referred to a referendum. The CRC does not have a mandate to do so. Their work was to collect views of Ugandans and show us who has said what and which side had more views,†he says.
On the issue of Federalism, Lukwago says, “Federal is a national issue. As far as I am concerned, merely saying that those who want it should adopt it is not okay. He also says that all interest groups in parliament should go, but not only the UPDF.
Elly Karuhanga, former MP now lawyer, says, “Article 255 of the Constitution gives the people of Uganda the mandate to ask for a referendum under any controversial issue. The issue of lifting of term limits got overwhelming support during the NEC/NC, but after that, it has been made controversial by some MPs and Movement supporters who have gone to the public and commented about it in one way or another, which is why it is right to take it to the people under the provisions of article 255,†he says.
He however, explains that even then, it is parliament that has got the final mandate to amend article 105 that limits presidential terms.
“The constitution spells out clearly that even if people have pronounced themselves on the issue of lifting term limits, only parliament can amend it into law by using a two thirds majority. This means that the results of the referendum are not final. Parliament cannot be avoided over this issue,†he says.
Mwambutsya Ndebesa, Makerere University don, “The report is likely to be doctored by cabinet, since it is not owned by Parliament. The commission was not set up under a law made by parliament, but rather under a very old Commissions of Inquiries Act.
This means that parliament does not own this report. There is no doubt that those who are interested in the third term will manipulate it to achieve their aims,†he says.
Charles Peter Mayiga, Minister of Youth, Information and Cabinet Affairs in the Mengo government says: “It is the duty of government to make sure that what is contained in the report regarding federalism is implemented at the appropriate time. It is upon government to ensure that the views of the people of Uganda and Buganda on federalism are implemented and respected.
Manuel Pinto, veteran politician, “My humble appeal is that Ugandans should be given a chance to read and discuss the report. After discussing it, they will be able to advise their members of parliament accordingly. I appeal to the Members of Parliament to debate the report avoiding personal interests but put their people and Uganda at the front,†he says.
Issa Kikungwe, Member of Parliament, “Proposing that the issue of lifting term limits should go through a referendum is very disappointing. I am even more disappointed because the people who are proposing this are lawyers, who are supposed to know that the issue is constitutionally supposed to be solved in parliament.
Should we have referenda on contentious issues like graduated tax? They have other motives, one of which is to try and create a gap between parliament and the people,†he says.
Andrew Kasirye, President of the Uganda Law Society, “We are happy with the recommendation about judges, that they should work on a contract of 10 years. The current arrangement makes judges complacent, because even when they do not perform, there are no clear guidelines of how they can be removed,†he says.
Raphael Bakku, Lawyer and Deputy Director of Research at the Movement Secretariat, “According to the Constitution, a referendum can be held on any issue so long as Ugandans have called for it.
It is not listed anywhere in the Constitution that the issue of lifting term limits shall not be taken to a referendum. It is also not listed anywhere that Ugandans cannot initiate a referendum and then take the results to parliament for ratification. The Minister of Justice and Constitutional Affairs has already brought a referendum and other Provisions Bill 2003 to parliament and I hope it will address all this,†he says.
Elijah Mushemeza, Makerere University Political Science lecturer, “I am not sure if what was published is the true report. The press has written one report to change it into another the next day,†he says.
Steven Kavuma, lawyer and former State Minister for Defence, “There is no problem with taking such a contentious issue to a referendum. It is the only way that people can be involved in deciding the fate of this country.
My appeal to every body is that instead of boycotting a referendum, let them come out and make sure that the voting is free and fair. In respect of the people, whatever comes out of the referendum should be accepted and respected by Ugandans. That is the only way the country can grow democratically,†he says.
Ken Lukyamuzi, MP and Federal activist, “I am happy that the CRC has proposed a federal system for those who want it. I am not worried about federal being optional. Even in America, federal started in just 30 of the 52 states. The rest of the states came on board later, after seeing the benefits of federal. Currently, I see at least six un-debatable federal states, the rest will come on board later,†he says.
Fred Bamwine, RDC Rubaga, “I am disappointed that the CRC proposed a direct return to party politics, rather than going through a referendum as the constitution says. We asked the people in 2000 of which of the two political systems Uganda should adopt and the Movement won. I think that it is proper that we ask the people again,†he says.
Salaamu Musumba, MP and spokesperson PAFO, “It is a big, strong report, we have seen it, we are going to look at it in detail and come up with a common stand,†she said, before flying to Cairo.
Issa Ssekitto, Spokesman Kampala traders, member of DP, “ The federal issue is no longer contentious. My humble request to parliament is to grant us federal without any serious time wastage.
However, taking the issue of lifting term limits to a referendum is very disappointing. There is no independence in parliament and there is no independence among voters. My humble request to Members of Parliament is to come out and oppose this issue, if it passes through parliament, then Ugandans should also oppose it,†he says.
Katenta Luutu, RDC Kalangala, “I am happy for some of the provisions. Power belongs to the people and the people are going to exercise this power through a referendum on the lifting of term limits. While the CRC was looking for people’s views, I moved with them throughout Kiboga district where I was RDC. Wherever we went, people proposed that the size of parliament be reduced, to save on government expenditure,†he says.
Eric Sakwa, UPC and member of the Popular Resistance Against Life Presidency, “The referendum on the lifting of term limits is just a trick that President Yoweri Museveni wants to use to stay in power. By proposing this, I think that the commission is simply serving the wishes of the president,†he says.
Rev. Paul Okello says, “If these proposals reflect the true wishes of the people, then there is no problem, but if they have been manipulated to suit the wishes of a few, that is a big problem. Ugandans should come out and condemn what is wrong and glorify what is right, but we should remember that God is watching us.â€
The Constitutional Review Commission was set up in February 2001 to review some of the contentious issues in the Constitution. According to procedure, the Commission was supposed to seek views from Ugandans about which sections of the Constitution should be reviewed.
After collecting these views, they were supposed to hand them over to the minister of justice and constitutional affairs. The report of the views was handed to Janat Mukwaya, the Minister of Justice and Constitutional affairs on December 10.
Chibita Wa Duallo, a lawyer, says that the CRC report is not yet out, at least officially.
“The minister shall after receiving the report present it to Cabinet. After cabinet discusses it, they will decide where it will happen next,†he says.
Erias lukwago, another lawyer, says that the report is supposed to be presented to parliament from cabinet.
“Cabinet can only discuss the report and make a few recommendations, before presenting it to parliament,†Lukwago says.
He explains that it is only in parliament that the proposals can be finally amended into the constitution. “This means that whatever has been proposed by the CRC remains just a proposal until it has been debated by parliament,†he says.
On the report Lukwago says, “One of the most important and contentious issues of the lifting of term limits should not have been referred to a referendum. The CRC does not have a mandate to do so. Their work was to collect views of Ugandans and show us who has said what and which side had more views,†he says.
On the issue of Federalism, Lukwago says, “Federal is a national issue. As far as I am concerned, merely saying that those who want it should adopt it is not okay. He also says that all interest groups in parliament should go, but not only the UPDF.
Elly Karuhanga, former MP now lawyer, says, “Article 255 of the Constitution gives the people of Uganda the mandate to ask for a referendum under any controversial issue. The issue of lifting of term limits got overwhelming support during the NEC/NC, but after that, it has been made controversial by some MPs and Movement supporters who have gone to the public and commented about it in one way or another, which is why it is right to take it to the people under the provisions of article 255,†he says.
He however, explains that even then, it is parliament that has got the final mandate to amend article 105 that limits presidential terms.
“The constitution spells out clearly that even if people have pronounced themselves on the issue of lifting term limits, only parliament can amend it into law by using a two thirds majority. This means that the results of the referendum are not final. Parliament cannot be avoided over this issue,†he says.
Mwambutsya Ndebesa, Makerere University don, “The report is likely to be doctored by cabinet, since it is not owned by Parliament. The commission was not set up under a law made by parliament, but rather under a very old Commissions of Inquiries Act.
This means that parliament does not own this report. There is no doubt that those who are interested in the third term will manipulate it to achieve their aims,†he says.
Charles Peter Mayiga, Minister of Youth, Information and Cabinet Affairs in the Mengo government says: “It is the duty of government to make sure that what is contained in the report regarding federalism is implemented at the appropriate time. It is upon government to ensure that the views of the people of Uganda and Buganda on federalism are implemented and respected.
Manuel Pinto, veteran politician, “My humble appeal is that Ugandans should be given a chance to read and discuss the report. After discussing it, they will be able to advise their members of parliament accordingly. I appeal to the Members of Parliament to debate the report avoiding personal interests but put their people and Uganda at the front,†he says.
Issa Kikungwe, Member of Parliament, “Proposing that the issue of lifting term limits should go through a referendum is very disappointing. I am even more disappointed because the people who are proposing this are lawyers, who are supposed to know that the issue is constitutionally supposed to be solved in parliament.
Should we have referenda on contentious issues like graduated tax? They have other motives, one of which is to try and create a gap between parliament and the people,†he says.
Andrew Kasirye, President of the Uganda Law Society, “We are happy with the recommendation about judges, that they should work on a contract of 10 years. The current arrangement makes judges complacent, because even when they do not perform, there are no clear guidelines of how they can be removed,†he says.
Raphael Bakku, Lawyer and Deputy Director of Research at the Movement Secretariat, “According to the Constitution, a referendum can be held on any issue so long as Ugandans have called for it.
It is not listed anywhere in the Constitution that the issue of lifting term limits shall not be taken to a referendum. It is also not listed anywhere that Ugandans cannot initiate a referendum and then take the results to parliament for ratification. The Minister of Justice and Constitutional Affairs has already brought a referendum and other Provisions Bill 2003 to parliament and I hope it will address all this,†he says.
Elijah Mushemeza, Makerere University Political Science lecturer, “I am not sure if what was published is the true report. The press has written one report to change it into another the next day,†he says.
Steven Kavuma, lawyer and former State Minister for Defence, “There is no problem with taking such a contentious issue to a referendum. It is the only way that people can be involved in deciding the fate of this country.
My appeal to every body is that instead of boycotting a referendum, let them come out and make sure that the voting is free and fair. In respect of the people, whatever comes out of the referendum should be accepted and respected by Ugandans. That is the only way the country can grow democratically,†he says.
Ken Lukyamuzi, MP and Federal activist, “I am happy that the CRC has proposed a federal system for those who want it. I am not worried about federal being optional. Even in America, federal started in just 30 of the 52 states. The rest of the states came on board later, after seeing the benefits of federal. Currently, I see at least six un-debatable federal states, the rest will come on board later,†he says.
Fred Bamwine, RDC Rubaga, “I am disappointed that the CRC proposed a direct return to party politics, rather than going through a referendum as the constitution says. We asked the people in 2000 of which of the two political systems Uganda should adopt and the Movement won. I think that it is proper that we ask the people again,†he says.
Salaamu Musumba, MP and spokesperson PAFO, “It is a big, strong report, we have seen it, we are going to look at it in detail and come up with a common stand,†she said, before flying to Cairo.
Issa Ssekitto, Spokesman Kampala traders, member of DP, “ The federal issue is no longer contentious. My humble request to parliament is to grant us federal without any serious time wastage.
However, taking the issue of lifting term limits to a referendum is very disappointing. There is no independence in parliament and there is no independence among voters. My humble request to Members of Parliament is to come out and oppose this issue, if it passes through parliament, then Ugandans should also oppose it,†he says.
Katenta Luutu, RDC Kalangala, “I am happy for some of the provisions. Power belongs to the people and the people are going to exercise this power through a referendum on the lifting of term limits. While the CRC was looking for people’s views, I moved with them throughout Kiboga district where I was RDC. Wherever we went, people proposed that the size of parliament be reduced, to save on government expenditure,†he says.
Eric Sakwa, UPC and member of the Popular Resistance Against Life Presidency, “The referendum on the lifting of term limits is just a trick that President Yoweri Museveni wants to use to stay in power. By proposing this, I think that the commission is simply serving the wishes of the president,†he says.
Rev. Paul Okello says, “If these proposals reflect the true wishes of the people, then there is no problem, but if they have been manipulated to suit the wishes of a few, that is a big problem. Ugandans should come out and condemn what is wrong and glorify what is right, but we should remember that God is watching us.â€