Constitutional reforms must be premised on pluralism

 

By Michael Aboneka

We have continuously talked about the need for constitutional reforms as a country and a lot has ended in talks rather than the actual work. A number of people were appointed to the constitutional review commission in 2018 and uptodate, unfortunately, the commission has never kicked off---this, again, is bad start off. There has been great push for electoral reforms too but we should focus on the larger question of constitutional reforms which then will inform the necessary reforms such as the electoral reforms. Some electoral reforms may actually need constitutional amendments-----and to avoid doing a thankless job, we need to focus on the larger issues of the constitutional reforms with the same energy as is with the electoral reforms. As put by the International Institute for Democracy and Electoral Assistance (IDEA), the role of constitutions is to ensure the smooth operation of the political system by channeling the expression of politics through prescribed institutions in accordance with clearly understood and valued procedures as well as facilitating the resolution of differences and disputes that inevitably arise. Further, a constitution plays an ideological role by inculcating the values that it seeks to enshrine and it is the golden thread in the fabric of democracy. Whereas it may not be apparent that a constitution by itself means full democracy, at least the legality of any state emanates from it and that everyone is held accountable to the norms therein.

The reforms should be timely. For the past decade, the conversations of the reforms have been drifted towards the election season which is outrightly wrong. The hasty manner of passing amendments especially electoral amendments without giving time for public participation is always sinister. The Supreme Court in the Amama Mbabazi V Yoweri Kaguta Museveni enjoined the Attorney general to ensure that any electoral reforms are dealt with in the first two years of the term and indeed, the idea is to give ample time for mass participation. As we speak now, the Electoral Commission has already launched its road map and with the 2026 elections scheduled for between January and February 2026, any processes about reforms should already be underway. The last-minute amendments-which many want to call reforms, which are not; are always benefiting individuals at the expense of the general public! The hasty creation of new constituencies was not the general consensus of Ugandans and therefore those who hastily crated them cannot claim they love Uganda too much and that they “gave” them constituencies.

 We need to approach the constitutional reforms with genuineness and not a mere ticking of a box. The government and all other players must be genuine about the process and the outcome-it should not at one time seem to be self-satisfaction. Most often, those involved in the process have their interests above the common interests and this blurs their vision-they negotiate for their own good which is in most time short-lived. Ugandans must feel that the process is genuine and those at the fore front are discussing texts for the better of the common good! Genuine reforms will widely be acceptable and owned and thus implementation will not be a hurdle. We must avoid piece-meal reforms to suit interests of a few individuals, the reason I am calling for genuine general and omni bus reform process.  

Every Ugandan and relevant actor must participate meaningfully and not be participated. We have been so much participated in the past-an MP gathers a few of his supporters, they talk about boreholes and iron sheets and the later the MP reports that he had 100% participation of his constituency on an issue! Unfortunate as it seems, it has been the norm! Even if it will require that Ugandans go to a credendum on some of the key reforms such as appointment of the electoral commission, judges and age and term limits for both Presidential and Parliamentary systems or what form of governance we need to take; let us go for the referendum! We have to do whatever it takes to have Ugandans participate in crafting their constitution-for the reforms are not a preserve of a few individuals. We need to find Ugandans in all their spaces and engage them on this subject just as it was the case for South Africa and Kenya, we have enough lessons on models we can employ to have a process that is all embracing. Having meaningfully participation in the process creates ownership, fosters national cohesion and promotes peace which is a precursor for democracy and the implementation of the reforms.

Any reforms should be leading to building national consensus. The constitutional reform process should be an opportunity for Ugandans to express themselves, ask for forgiveness and also act as a healing process. There are quite historical issues that majority grapple with and some translate into policy and law. The genuine meaningful process that puts Ugandans first would allow a process where all Ugandans find it necessary to be part of the process for the benefit of building a better future. The environment should not be one that is intimidating-we should be negotiating reforms-it is not a peace agreement-we should rather discuss openly and with honesty on the future of Uganda and reach a consensus. Whatever modes operandi we choose, it should be one that will provide a conducive environment for everyone to engage in the process-in the end, we shall have a healing country ready to move on to the next democratic journey.