All said, let the people decide

May 15, 2005

Democracy means people should, among other things, determine how they should be governed. People should, at regular and predictable intervals, through free and fair elections, elect their own representatives at national and local levels.

Democracy means people should, among other things, determine how they should be governed. People should, at regular and predictable intervals, through free and fair elections, elect their own representatives at national and local levels. The electoral laws of every country should ensure this democratic right.
Democracy manifests itself in various political systems and no one political system should be ordained as the only appropriate one. Thus it is provided in Article 69(1) of our Constitution that, “The people of Uganda shall have the right to choose and adopt a political system of their choice through free and fair elections or referenda.”
The political system can be multipartyism or Movement type of democracy with its emphasis on individual merit, or indeed any other system. The categories of political systems should indeed not be closed because human ingenuity has no limits and one day a new political system, far better than we have hitherto known, may emerge. What matters is whether it has the ingredients that constitute democracy, that is, free and fair elections, accountability at all levels, independent courts of law and other institutions that support the rule of law and human rights like Human Rights Commission. In Uganda in 2002, people, through a referendum, chose to be governed by Movement type of political system. It follows that if there has to be a change to another system, they should be consulted. This is indeed provided for in Article 74(1) of the Constitution which provides, “A referendum shall be held for the purpose of changing the political system.”
In light of this, it is amazing how some people are opposed to holding of a referendum on political systems. Narrow partisan political interests should not disenfranchise the population. The Constitution also lays down options through which a referendum can be sought: by a resolution of Parliament supported by more than half of all MPs. Recently Parliament chose this method and by a majority of 221 in favour, 18 against, and 3 abstentions, decided that a change from the current Movement system to multipartyism will be decided by the people in a referendum. Thus the provisions of the Constitution have been scrupulously followed by the Government. The NRM government should thus be applauded for following the rule of law and constitutionalism.
Sometime back I commented on the issue of lifting presidential term limits. Article 105(2) of the Constitution provides that, “A person shall not be elected under this Constitution to hold office as President for more than two terms as prescribed by this article.” At the time the Constitution was promulgated in 1995, the Constituent Assembly members had reasons to limit presidential term limits. But equally in their own wisdom, they did not say this article should not be amended. This indeed would have contradicted the fundamental principle laid down in the Constitution that sovereignty lies with the people in particular Article 1(3) which states, “All power and authority of Government and its organs derive from this Constitution, which in turn derives its authority from the people who consent to be governed in accordance with this Constitution.”
Lifting presidential term limits means people can elect or re-elect, without limitation, a presidential candidate of their choice. If he is unpopular, he will not be elected, Period.
People have a constitutional right to amend any article of the Constitution including Article 105(2). Those voices, including foreign ones, who say it is wrong to amend the Constitution are either not well-schooled in these pertinent provisions of constitution or are motivated by reasons other than respect for the Constitution.
Amazingly, it is alright for them to amend other provisions of the Constitution especially one relating to introduction of multipartyism, except for Article 105(2) which is a taboo. One does not have to stretch one’s imagination to see in play hypocrisy and double standards. The constitution of the United States underwent 13 amendments within a short period of its adoption. No one raised a voice, and United States is known as a democratic country. Uganda should be painted with the same brush.
Democracy is not cheap. Elections cost a lot of money but no one has said we should not hold elections because they are expensive. The argument, therefore, that holding a referendum on change of political system is expensive and should not be held sounds hollow.
Whatever constitutional changes are proposed, they would be effected through procedures laid down in our Constitution. This stand should be respected and appreciated within and outside the country.
Uganda is a sovereign country and respects the principle of sovereignty of nations as enshrined in the UN Charter. It has no wish or inclination to tell other countries how they should be governed. It also expects other countries to respect this principle. Sadly, now and then the threat of withholding aid, or actual withdrawal of aid, is dangled around our necks by certain donor countries, because we have exercised our democratic right of determining how we should be governed. There is a limit to what I may call donor bullying. We appreciate aid which would assist us to strengthen institutions of democracy but not aid which is used as a pretext to interfere in our internal affairs. Our struggle for total emancipation is only a question of time.
Lastly, there is the issue of open voting in Parliament. Open voting is widely practiced in many parliaments and is the usual norm at the United Nations. Many people raised hell when a motion was introduced in Parliament advocating open voting for constitutional amendments. The World Bank in its report, “Governance Matters IV: Updated Governance Indicators 1996-2004” stated that one of the governance requirements was ‘public release of Parliamentarians’ voting records’. If voting is by secret ballot, how would this requirement be fulfiled. In advocating open voting, Uganda is not out of step with world trends. Accountability is an essential requirement of governance and open voting ensures that Members of Parliament are accountable to the electorate for their actions.

The writer is Uganda’s ambassador to the United Nations

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