We must look beyond electoral reforms

 By Michael Aboneka Jr

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. Several people were appointed to the constitutional review commission in 2018 and up to date, unfortunately, the commission has never kicked off---this, again, is bad start off. There has also been a push for electoral reforms but we need to on the larger question of constitutional reforms which then will inform the necessary reforms such as the electoral reforms.  Some electoral reforms are anchored in the foundation of the Constitutional principles and norms and thus will require constitutional amendments. Elections produce leaders who must govern within the rubric of the Constitution, the need therefore to focus on the larger issues of the constitutional reforms with the same energy as is with the electoral reforms. 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.

It is less than a few months until we go to polls in January 2025 and we are still talking about reforms in the corridors. The hasty manner of passing amendments especially electoral amendments without giving time for public participation is always sinister. We need to have a thorough process and not a rushed one. The reforms have been coming toward the end of the term, but to benefit a few by adding constituencies here and there and not necessary to deal with fundamental constitutional and democratic governance issues such as reducing the powers of the executive, return of term and age limits, strengthening separation of powers and promoting political multi partyism.  The Supreme Court in the Amama Mbabazi v Yoweri Kaguta Museveni Presidential Petition No.1 of 2016 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 created 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 later 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 referendum 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 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 meaningful participation in the process creates ownership, fosters national cohesion and promotes peace which is a precursor for democracy and the implementation of the reforms.