The Constitution of Uganda is the supreme law of the country. The current constitution, the fourth in Uganda's history, was ratified on July 12, 1995, and promulgated on October 8, 1995.
Historical Context
Uganda's constitutional journey began with its independence on October 9, 1962. Britain granted internal self-government to Uganda in 1961, with the first elections held on March 1, 1961. Benedicto Kiwanuka of the Democratic Party became the first Chief Minister. Uganda maintained its Commonwealth membership. A second round of elections in April 1962 elected members to a new National Assembly. Milton Obote, leader of the majority coalition in the National Assembly, became prime minister and led Uganda to formal independence on October 9, 1962.
The first Constitution was adopted in 1962, only to be replaced four years later in 1966. The 1966 Constitution, passed in a tense political environment and without debate, was replaced in 1967. The first constitution of Uganda was the product of the Ugandan Constitutional Conference and took effect at the moment of independence (9 October 1962). It provided for a system of Parliamentary democracy underpinned by constitutional supremacy.
It provided for a complex system of devolution within Uganda: the Kingdom of Buganda gained particularly strong powers of self-government; the Kingdoms of Bunyoro, Acoli, Tooro and Ankole, and the Territory of Busoga also gained the status of "federal states" and were permitted to retain their own legislatures; while the remaining districts and the territory of Mbale were controlled directly by the central government. The 1962 constitution provided for most members of Parliament to be elected directly.
The third constitution was partially suspended under Idi Amin by virtue of Legal Notice No. 1 of 1971 and largely ignored during his presidency. In particular, since the notice suspended Article 1 (supremacy of the constitution), it paved for the way for Amin to rule by decree. Further constitutional changes by made by the Constitution (Modification) Decree No. 5 of 1971, which provided that all executive powers were to be exercisable by Chairman of the Defence Council (a title Amin himself held) and the Parliament (Vesting of Powers) Decree No.
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The legal status of the 1967 constitution following Amin's overthrow in 1979 was not clear. Legal Notice No. 1 of 1979 nullified Legal Notice No. 1 of 1971, and fundamentally recognised the 1967 Constitution as once again supreme, but also suspended parts of it and transferred numerous executive powers to incoming President Yusuf Lule. All legislative powers referred to in the Constitution were to be vested in the National Consultative Council (NCC) until such a time as a Legislative Assembly could be elected. Despite this, the NCC favoured going further and abandoning the 1967 Constitution altogether. This disagreement contributed to the NCC replacing Lule with Godfrey Binaisa in June 1979.
Shortly after, Legal Notice No. 5 of 1980 provided for the establishment of a Presidential Commission. The 1967 Constitution was formally revived by Obote on his return to power in late 1980, but following his overthrow by Bazilio Olara-Okello in July 1985, the constitution was suspended once more.
On seizing power in 1986, the National Resistance Army, under the leadership of Yoweri Museveni, confirmed that the 1967 constitution was supreme but partially suspended. In particular, the provisions in the constitution relating to the existence of a national Parliament and the election of the President were suspended for four years (later extended to eight). The detail of this suspension was set out in Legal Notice No. 1 of 1986, which nullified Legal Notice No.
In 1988, the National Resistance Council established the Uganda Constitutional Commission and tasked it with reviewing the 1967 constitution and developing a new constitution. The mandate of the commission was to consult the people and make proposals for a democratic permanent constitution based on national consensus. In its final report of December 1992, the Commission recommended that the new constitution be agreed by a mostly-elected Constituent Assembly.
The output of that process, Uganda's fourth constitution, dated 22 September 1995, was adopted by the Assembly on 27 September and promulgated on 8 October. Much more detailed than the previous constitutions, it sanctions a republican form of government with a powerful President. Amendments in 2005 removed presidential term limits and legalized a multi-party political system.
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Since assuming power in early 1986, Museveni's government has taken important steps toward economic rehabilitation. The country's infrastructure--notably its transportation and communications systems which were destroyed by war and neglect--is being rebuilt.
Key Features of the 1995 Constitution
The 1995 constitution established Uganda as a republic with an executive, legislative, and judicial branch. The president of Uganda, who is the head of state and head of government, leads the executive branch. Legislative responsibility is vested in the Parliament.
The Ugandan judiciary operates as an independent branch of government and consists of magistrate's courts, high courts, courts of appeals, and the Supreme Court.
Branches of Government
- Executive: President, Vice President, Prime Minister, Cabinet
- Legislative: Parliament (with directly elected representatives and special indirectly elected seats)
- Judicial: Magistrate's Court, High Court, Court of Appeals, Supreme Court
There are 214 directly elected representatives and special indirectly elected seats for representatives of women 56, youth 5, workers 5, disabled 5, and the army 10. The president may also appoint up to 10 ex-officio members.
Political Landscape
Political parties in Uganda include:
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- Uganda People's Congress (UPC)
- Democratic Party (DP)
- Conservative Party (CP)
There also are political alliances, such as the Forum for Democratic Change (FDC), that are not registered as parties.
The vicious and cult-like Lord's Resistance Army (LRA) continues to murder and kidnap civilians in the north and east. Although the LRA does not threaten the stability of the government, LRA violence has displaced 1.4 million people and created a humanitarian crisis.
Economic Overview
Uganda's economy has great potential. Endowed with significant natural resources, including ample fertile land, regular rainfall, and mineral deposits, it appeared poised for rapid economic growth and development at independence. However, chronic political instability and erratic economic management produced a record of persistent economic decline that left Uganda among the world's poorest and least-developed countries.
Recognizing the need for increased external support, Uganda negotiated a policy framework paper with the IMF and the World Bank in 1987. It subsequently began implementing economic policies designed to restore price stability and sustainable balance of payments, improve capacity utilization, rehabilitate infrastructure, restore producer incentives through proper price policies, and improve resource mobilization and allocation in the public sector.
These policies produced positive results. Inflation, which ran at 240% in 1987 and 42% in June 1992, was 5.4% for fiscal year 1995-96 and 5.1% in 2003. Investment as a percentage of GDP was estimated at 20.3% in 2003 compared to 13.7% in 1999. Private sector investment, largely financed by private transfers from abroad, was 14.9% of GDP in 2002. Gross national savings as a percentage of GDP was estimated at 6.4% in 2003.
The Ugandan Government has also worked with donor countries to reschedule or cancel substantial portions of the country's external debts.
Key Economic Indicators (2004):
| Indicator | Value |
|---|---|
| GDP (purchasing power parity) | $39.39 billion |
| Inflation rate | 3.5% |
| Exports | $1.3 billion |
| Imports | $1.306 billion |
Uganda's economy relies heavily on agriculture. Cash crops include coffee, tea, cotton, tobacco, sugar cane, cut flowers, and vanilla. Food crops include bananas, corn, cassava, potatoes, millet, and pulses. Livestock and fisheries contribute beef, goat meat, milk, Nile perch, and tilapia.
Industry in Uganda involves the processing of agricultural products (cotton ginning, coffee curing), cement production, light consumer goods, and textiles.
A look at how Uganda’s constitutions have been changing over the years
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