Synthesis of Proposals and Recommendations from the

Regional Forums
[Basic working document for the Consultation]
1. Introduction
Article 1 of the Constitution of the Republic of Uganda declares, All power belongs to
the people who shall exercise their sovereignty in accordance with this constitution. In
this regard, a credible electoral system is an essential foundation for citizens to exercise
their power and the means through which they determine who among them is qualified to
hold political office at all levels of governance. An electoral system is credible if it enjoys
the confidence of all citizens and creates a level playing field for all political actors who
seek to participate in elective politics. Most important, an electoral system is credible if it
creates conditions for free and fair elections.
Over the last 50 years of independence, Uganda has held at least 6 major elections (1962,
1980, 1996, 2001, 2006 and 2011) involving the election of president and members of the
parliament. In the recent past, elections have been held on a regular basis as commanded
by the constitution. However, in all these cases, both winners and losers contest election
outcomes. In many ways, elections are have increasingly become flashpoints for potential
conflicts and human rights abuses. The increasing monetization of elections also creates
more distortions in the elections process and have become a huge burden on taxpaying
citizens.
There is now general consensus that reforms of our electoral system are a fundamental
pre-requisite to a free and fair elections and the future stability of our country. However,
there has been clear absence of political will or lack of leadership to ensure that such
reforms are undertaken in a timely manner to improve our electoral system and help on
the management of future elections. The National Consultation was conceived as a
process to mobilize citizens so that We the People are in charge of driving both the
content and process of electoral reform.
2. Methodology of the Regional Forums

The National Consultation process builds on previous efforts towards the reform of our
electoral system. These include efforts by the Citizens Manifesto process, the Citizens
Coalition on Electoral Democracy in Uganda (CCEDU), the Electoral Commission, the
Interparty Political Organizations Dialogue (IPOD), the free and Fair Elections
Campaign, the National Consultative Forum (NCF) and Cabinet. The proposals from
these efforts were analyzed in their entirety and a guidance document containing 21
issues was produced to guide the regional forums. In addition, a set of questions was then
developed to guide the upcoming National Consultation (Annex 2).
In preparation for the National Consultation on Free and Fair Elections, 14 regional
forums were organized during the months of September and October 2014. The regions
were based on those that existed at the time of independence. These regions are: Toro,
Bukedi, Teso, Kigezi, Sebei, Busoga, Bunyoro, Ankole, Bugisu, Buganda West, Buganda
East, Lango, Achoil, Karamoja, West Nile. Over 3000 leaders including elected local
officials, Members of Parliament, business leaders, religious leaders, representatives of
civil society, women, youth and cultural institutions participated in the Regional Forums.
This synthesis report is an abridged summary of the proposals and recommendations
from all the 14 regional forums. Regional specific proposals can be found on the matrix
to this report or the separate reports for each of the regions.
The report is based on the proposals from these regional forums as presented in the
outcome documents. The purpose of the report is to guide deliberations at the National
Consultation. This purpose is served in two ways: first, the report outlines areas where
there is broad consensus on the 21 issues that guided the discussions at the regional
forums. Secondly, the report also highlights areas where there is no consensus from
across the regions. The objective is that the National Consultation can ratify the issues
where there is clear consensus. By implication, most of the time can directed towards
those issues where there is no consensus.
3. Proposals and recommendations from the Regional Forums
Issue # 1: Internal democracy of political parties
Article 71. Multiparty political system
A political party in the multiparty political system shall conform to the following
principles
(a) Every political party shall have a national character;
(b) Membership of a political party shall not be based on sex, ethnicity, religion or other
sectional division;
(c) The internal organisation of a political party shall conform to the democratic
principles enshrined in this Constitution;
(d) Members of the national organs of a political party shall be regularly elected from
citizens of Uganda in conformity with the provisions of paragraphs (a) and (b) of this
article and with due consideration for gender;
(e) Political parties shall be required by law to account for the sources and use of their
funds and assets;

(f) No person shall be compelled to join a particular party by virtue of belonging to an

organisation or interest group.
72. Right to form political organizations
(1) Subject to the provisions of this Constitution, the right to form political parties and
any other political organizations is guaranteed.
(2) An organization shall not operate as a political party or organization unless it
conforms to the principles laid down in this Constitution and it is registered.
(3) Parliament shall by law regulate the financing and functioning of political
organizations.
73. Regulations of political organizations
(1) Subject to the provisions of this Constitution, but notwithstanding the provisions of
articles 29(1)(e) and 43 of this Constitution, during the period when any of the political
systems provided for in this Constitution has been adopted, organizations subscribing to
other political systems may exist subject to such regulations as Parliament shall by law
prescribe.
(2) Regulations prescribed under this article shall not exceed what is necessary for
enabling the political system adopted to operate.
Political parties are important structures for citizens representation
and fundamental building blocks for a stable and democratic country. A
credible electoral system therefore should provide for rules that ensure
that political parties are internally democratic and hold regular and
free and fair elections. An analysis of the reports from the regional
forums shows general consensus on the following as potential rules
that can entrench democratic principles in our political parties.
i)
ii)
iii)
iv)

All political parties should hold regular elections for all party
positions at the national and branch level.
A constitution of a political party should impose term limits on
its top leadership positions especially party chairpersons and
party presidents.
Disciplinary committees of political parties should be
established at all levels and should operate in a bottom-up
mode than a top-down mode.
Funding for political parties should be predicated upon the
party adhering to these fundamental principles on internal
democracy.

Issue # 2: Independent candidates/Independent MPs

The issue of independent candidates is one of the hotly debated and
litigated issues since the return to multiparty political system in 2005.

Independent candidates or MPs are premised under article --- of the

constitution. Since the introduction of multiparty politics, the window of
independent candidates has become an important remedy for citizens
who are aggrieved by the absence of internal democracy in choosing
the flag bearers of political parties. Yet, the issue of independent
candidates also has implications for the growth of political parties as
vehicles for political contestations and representation.
From all the regions, there seems to be some basic consensus on the
following principles governing independent candidates:
i)
ii)

The principle of independent candidates should be retained in

the constitution since it relates to the fundamental rights to
freedoms such as choice, association or not associate.
Where a person contests for elections as a flag bearer of a
political party, such a person should be prohibited from
contesting as an independent candidate.

Issue # 3: Relationship between Citizens and their MPs and

political parties
Recent disciplinary actions by political parties have raised important
questions regarding legislative representation and the primary royalty
of a member of parliament. The key question is whether a member of
parliament should be expelled from parliament on account of being
expelled by a political party on whose ticket he or she was elected.
Across all the regions, there was an intensive debate on this issue
focusing on how this relationship affects party discipline and the
strengthening of political parties. The following consensus principles
and issues can be discerned from the reports.
i)
ii)
iii)

iv)

A Member of Parliament is primarily elected to represent the

citizens in his or her constituency.
Any disciplinary action involving an MP should start with the
constituency party disciplinary committee so that there is
room for appeal within the party hierarchy.
When the national party leadership is dissatisfied with the
conduct of an MP elected on its ticket, it should make its first
reference for disciplinary action to the constituency party
disciplinary committee.
A member who has been expelled from the party based on the
decisions of the party disciplinary structures with appropriate
appellate procedures should lose they seats in parliament on
that basis.

Issue # 4: Representation of special interest groups

Article 78. Composition of Parliament.

(1) Parliament shall consist of
(a) members directly elected to represent constituencies;
(b) one woman representative for every district;
(c) such numbers of representatives of the army, youth, workers, persons with disabilities
and other groups as Parliament may determine; and
(d) the Vice President and Ministers, who, if not already elected members of Parliament,
shall be ex officio members of Parliament without the right to vote on any issue requiring
a vote in Parliament.
(2) Upon the expiration of a period of ten years after the commencement of this
Constitution and thereafter, every five years, Parliament shall review the representation
under clause (1)(b) and (c) of this article for the purposes of retaining, increasing or
abolishing any such representation and any other matter incidental to it.
(3) The representatives referred to in clause (1)(a) of this article shall be elected on the
basis of universal adult suffrage and by secret ballot.
(4) Parliament shall, by law, prescribe the procedure for elections of representatives
referred to in clause (1)(b) and (c) of this article.

The issue of representation of special interest groups was one of the

most hotly debated issues during the regional forums. The
constitutional basis for special interest group representations is based
on Article 78(1) (b) and (c) which provides for the representation of
women and other special interest groups army, youth, workers, PWDs
and other groups as Parliament may determine. At the promulgation
of the constitution in 1995, this affirmative action was deemed
necessary to address the problems of exclusion in political participation
and representation.
The representation of special interest groups was renewed by
Parliament in 2005 and 2009 although no specific study was
undertaken to determine the continuing validity of this form of
representation. It is also pertinent to approach the issue of special
interest group representation from the perspective of a multi-party
system. Shouldnt such representation, for example, be achieved
through the political party system?
The following represents some of the consensus emerging from most
of the regional forums:
i)
ii)

Representation of special interest groups of women, youth

and disabled should be maintained as a form of affirmative
action.
Representation should be based on the 14 regions to reduce
on the number, especially of women representatives and

iii)

iv)
v)

focus on achieving quality since this will help reduce on the

size of parliament.
Members of Parliament elected on the basis of special interest
group representation should be eligible for re-election only
once - should serve only two terms of office whether in
parliament or local councils.
The workers category should be removed from the special
interest group representation since issues of workers can be
represented by all MPs.
The representation of the UPDF as a special interest category
should end since our military is not supposed to be partisan
and yet Uganda is now a multi-party democracy and what we
have is a multi-party parliament. The procedure of selecting
army representatives also contracts constitutional
requirements for transparent, free and fair elections.

Issue # 5: Demarcation of constituencies and the number of

Members of Parliament
Article 63: Constituencies
(1) Subject to clauses (2) and (3) of this article, Uganda shall be divided into as many
constituencies for the purpose of election of members of Parliament as Parliament may
prescribe; and each constituency shall be represented by one member of Parliament.
(2) When demarcating constituencies for the purposes of clause (1) of this article, the
Electoral Commission shall ensure that each county, as approved by Parliament, has at
least one member of Parliament; except that no constituency shall fall within more than
one county.
(3) Subject to clause (2) of this article, the boundary of a constituency shall be such that
the number of inhabitants in the constituency is, as nearly as possible, equal to the
population quota.
(4) For the purposes of clause (3) of this article, the number of inhabitants of a
constituency may be greater or less than the population quota in order to take account of
means of communication, geographical features, density of population, area and
boundaries of districts.
(5) Subject to clause (1) of this article, the commission shall review the division of
Uganda into constituencies within twelve months after the publication of results of a
census of the population of Uganda and may as a result redemarcate the constituencies.
(6) Where the boundary of a constituency established under this article is altered as a
result of a review, the alteration shall come into effect upon the next dissolution of
Parliament.
(7) For the purposes of this article, population quota means the number obtained by
dividing the number of inhabitants of Uganda by the number of constituencies into which
Uganda is to be divided under this article.

Demarcation of constituencies is an important electoral issue in two

main ways. First, electoral constituencies can be manipulated to alter
the outcome of elections for specific electoral areas. This is called
gerrymandering. Secondly, creation of new constituencies lead to
increases in the number of elected representatives at all levels, which
ultimately leads to increase in the costs of public administration.
Increased costs of public administration shift public resources away
from critical development and public service delivery issues.
The following consensus issues can be discerned from the regional
reports.
i)

ii)

The reforms should grant the Electoral Commission the sole

power to demarcate constituencies and the law should not tie
electoral constituencies to administrative units such as
districts or municipalities.
In demarcating constituencies, the Electoral Commission
should take into account population size, geographical size,
the number of voters, financial implications and the
management of the electoral exercise.

Issue # 6: The need for a new and independent electoral

commission
Article 60: Electoral Commission
(1) There shall be an Electoral Commission which shall consist of a chairperson, a deputy
chairperson and five other members appointed by the President with the approval of
Parliament.
(2) Members of the commission shall be persons of high moral character, proven integrity
and who possess considerable experience and demonstrated competence in the conduct of
public affairs.
(3) The members of the commission shall hold office for seven years, and their
appointment may be renewed for one more term only.
(4) If the appointment of a member of the commission is being renewed, the renewal
shall be done at least three months before the expiry of the first term.
(5) A person holding any of the following offices shall relinquish his or her position in
that office on appointment as a member of the commission
(a) a member of Parliament;
(b) a member of a local government council;
(c) a member of the executive of a political party or political organisation; or
(d) a public officer.
(6) Members of the commission shall be paid such emoluments as Parliament may
determine.
(7) If a member of the commission is absent or dies, the President shall, with the approval
of Parliament, appoint a person qualified in terms of this article to act in his or her place
until that person is able again to resume his or her duties or, as the case may be, until a

new person is appointed to fill the vacancy.

(8) A member of the commission may be removed from office by the President only for
(a) inability to perform the functions of his or her office arising out of physical or mental
incapacity;
(b) misbehaviour or misconduct; or
(c) incompetence.
Article 61: Functions of the Electoral Commission
The Electoral Commission shall have the following functions
(a) to ensure that regular, free and fair elections are held;
(b) to organise, conduct and supervise elections and referenda in accordance with this
Constitution;
(c) to demarcate constituencies in accordance with the provisions of this Constitution;
(d) to ascertain, publish and declare in writing under its seal the results of the elections
and referenda;
(e) to compile, maintain, revise and update the voters register;
(f) to hear and determine election complaints arising before and during polling;
(g) to formulate and implement civic educational programmes relating to elections; and
(h) to perform such other functions as may be prescribed by Parliament by law.
Article 62: Independence of the commission
Subject to the provisions of this Constitution, the commission shall be independent and
shall, in the performance of its functions, not be subject to the direction or control of any
person or authority.
The Electoral Commission is an important institution in ensuring free
and fair elections. However, there is growing consensus that the
Electoral Commission should be restructured to strengthen it and
enable it discharge its mandate. The key issues for consideration relate
to the independence of the Commission with regard to powers of
appointment, control and authority.
There are a variety of views from across the region. However, the
following represent emerging consensus on how to restructure and
recreate an independent electoral commission.
i)
ii)

The members of the electoral Commission should serve only

one term of 7 years, non-renewable.
The appointment of the commissioners should be done
through a competitive process that involves advertising,
selection through interviews, public hearings and public
scrutiny of interested candidates. The winning applicants
should be finally vetted by parliament and upon approval be
submitted to the President for appointment.

iii)

There is also a strong view that suggests that political parties

should have representation on the electoral commission.

Issue # 7: Getting our votes counted- The Voters Register

A credible voters register is an important point of reference in any
effort to ensure a free and fair elections where every ones vote
counts. Since independence, the National Voters Register has been a
major source of controversy and disagreement among the political
players. Citizens can make a major contribution in ensuring that the
National Voters Register is credible hence restoring confidence in the
electoral process. Based on the discussions and conclusions from the
regional forums, the following consensus can be deduced from the
regional reports and outcome documents.
i)
ii)
iii)
iv)

v)
vi)

A biometric voters register should be developed and adopted

for use for elections at all levels.
An independent electoral commission should be responsible
and accountable for the credibility of the voters register.
A credible voters register should be: comprehensive, inclusive
and update, and should be compiled with the participation of
all stakeholders.
The register should be displayed for public scrutiny and
verification at least 6 months before the date of voting and
the display should take pace at designated public places
including all sub-county headquarters.
A comprehensive and continuing civic and voter education
programme should be developed and funded from the
national budget.
The voting for LCIII, LCV, Parliament and President should be
conducted on one day to avoid influence peddling and
patronage in the electoral process.

Issue # 8: Powers of appointment to Constitutional Commission

172. Appointment of public officers
(1) Subject to the provisions of this Constitution
(a) the President may, acting in accordance with the advice of the Public Service
Commission, the Education Service Commission or the Health Service Commission, as
the case may be, appoint persons to hold or act in any office in the public service of
Uganda of the rank of head of department or above other than those referred to in article
200 of this Constitution, including
confirmation of appointments, the exercise of disciplinary control over such persons and
their removal from office;
(b) the Public Service Commission, the Education Service Commission or the Health
Service Commission, as the case may be, may appoint persons to hold or act in any office

in the public service of Uganda other than those referred to in paragraph (a) of this clause
and in article 200 of this Constitution, including the confirmation of their appointments
and the exercise of disciplinary control over such persons and their removal from office.
(2) Except with the consent of the President, no person shall be appointed under this
article to act in any office on the personal staff of the President.
(3) Subject to the provisions of this Constitution, the President may delegate any of his or
her powers under this article by directions in writing, to any service commission or to any
other authority or public officer as may be prescribed by Parliament and may, in like
manner, revoke the delegation.

The Government proposes wide ranging reforms on the appointments to Constitutional

Commissions including removal of limits to the number of persons that can be appointed
so that such limits are regulated by parliament. No particular reasons are given since the
functioning or non-functioning of these commissions has not been directly related to the
number of commissions. One potential implication of these amendments is that they will
increase the powers of a president and extend the patronage system hence increase the
cost of these constitutional bodies on the taxpayer. It is also not clear what lacunae or
gap in the law Government is trying to cure by these amendments given other more
pressing reforms that are needed.
Based on the reports from the regional forums, there is consensus that:
i)
ii)
iii)

iv)

The powers of a president with regard to the appointment of commissioners to

constitutional commissions should be reduced.
Constitutional commissions are expected to be independent in discharging
their duties and the current system of appointment compromises their
independence, transparency and merit-based recruitment.
An independent body, or perhaps the Public Service Commission should be
vested with the power and responsibility to advertise, interview, conduct
public hearings with regard to appointment of commissioners for
constitutional bodies.
The role of parliament should be restricted to final vetting of the selected
persons and the power of a president should be restricted to issuing the
instruments of appointment for persons who have gone through this
appointment process.

Issue # 9: Votes required for a winner of a presidential election to be declared

president.
Article 103: (4) A candidate shall not be declared elected as President unless the number
of votes cast in favour of that candidate at the presidential election is more than 50
percent of valid votes cast at the election.
(5) Where at a presidential election no candidate obtains the percentage of votes specified
in clause (4) of this article, a second election shall be held within thirty days after the
declaration of the results in which election the two candidates who obtained the highest
number of votes shall

be the only candidates.

(6) The candidate who obtains the highest number of votes in an election under clause (5)
of this article shall be declared elected President.
v)
vi)
There is general consensus across all the regions that the current status quo,
which requires that a validly elected president should obtain more than 50 per
cent of the votes, be maintained.

Issue # 10: Role of security forces and militia groups in the

electoral process
The following consensus proposals can be discerned from the reports
of the regional forums:
i)

ii)
iii)

The business of keeping security during elections should be

exclusively left with the Uganda Policy Force and the UPF
should be strengthened in terms of manpower, funding and
logistic to enable it discharge this mandate.
The military should have no involvement in the electoral
process and should remain focused on its constitutional duty
of securing our borders and defending our sovereignty.
During elections, the police personnel deployed to ensure
security of the electoral process should be placed under the
direct supervision of the Electoral Commission.

Issue # 11: Nomination fees and facilitation of presidential

candidates
The current law provides for UGX4 million as nomination fees and
UGX20 million as facilitation for presidential candidates. This issue
attracted a wide range of proposals and there seems to be no
consensus on whether to keep the status quo, reduce or increase the
nomination fees and funding provided to candidates.
Issue # 12: Use of public funds and resources during elections
A reoccurring theme in our elections discourse is the use of public
funds and public assets by public officials including an incumbent
president. The source of concern is that this makes the playing field
not level and gives those holding public offices an advantage against
other contestants.
The following are some of the proposals that seem to represent
consensus on this issue:
i)

A president should serve his or her term to the end and hand
over to a transitional arrangement led by Chief Justice or

ii)
iii)

some other authority to organize the elections. This proposal

is mainly raised in the context where the incumbent president
is also contesting the election.
Public servants should resign their positions at least 6 months
before their being nominated to contest in an election.
All public officials nominated to contest an election should
hand over public assets in their possession before they
proceed for campaign.

Issue #13: Funding for local governments and service delivery

Article 176: Local government system
(1) The system of local government in Uganda shall be based on the district as a unit
under which there shall be such lower local governments and administrative units as
Parliament may by law provide.
(2) The following principles shall apply to the local government system
(a) the system shall be such as to ensure that functions, powers and responsibilities are
devolved and transferred from the Government to local government units in a coordinated
manner;
(b) decentralisation shall be a principle applying to all levels of local government and, in
particular, from higher to lower local government units to ensure peoples participation
and democratic control in decision making;
(c) the system shall be such as to ensure the full realisation of democratic governance at
all local government levels;
(d) there shall be established for each local government unit a sound financial base with
reliable sources of revenue;
(e) appropriate measures shall be taken to enable local government units to plan, initiate
and execute policies in respect of all matters affecting the people within their
jurisdictions;
(f) persons in the service of local government shall be employed by the local
governments; and
(g) the local governments shall oversee the performance of persons employed by the
Government to provide services in their areas and to monitor the provision of
Government services or the implementation of projects in their areas.
(3) The system of local government shall be based on democratically elected councils on
the basis of universal adult suffrage in accordance with Article 181(4) of this
Constitution.

The following issues emerge as the consensus from across the country:
i)

Local governments should receive their funding directly from the consolidated
fund as a percentage of the national budget. This will enhance their autonomy
and authority to deal with issues of service delivery.

ii)
iii)

The proposed share of the national budget to be allocated to local

governments should be in the range of 30-40 percent based on serious
negotiations and budget amendment by parliament.
The laws on corruption should be strengthened and implemented without fear
or favor to ensure effective service delivery.

Issue # 14: Requirement for public servants and serving officers of the security
services to retire before being nominated for office.
One of the major sources of post-election litigation is the question of resignation of
public servants or serving military officers. In some cases, concerns are often about
serving military officers who are denied the right to retire in order to contest for elections.
The following represents the measure of consensus from all the fourteen regional forums:
i)

Public servants and serving officers of the security services should resign their
positions before they are nominated to contest for electoral positions.

To protect those who wish to contest in an election, submission of a letter of resignation

with the time prescribed by law should be prima facie evidence of resignation so that
their superiors do not hold such people hostage.
Issue #15: Salaries and Remuneration Board
One of the key proposals that has been debated over the last couple of years is the need to
establish a salaries and remuneration board or commission which is independent. The
Commission would be vested with the powers to determine the salaries and remuneration
of all persons employed in the public service or paid by public funds. This need arises
because of arbitrary increases of salaries of MPs, uneven salaries paid to public servants,
etc. However, under the current proposals from Government, existing public officials
such as permanent secretaries, etc would largely constitute the proposed Board.
Generally, the following represents some of the consensus proposals from the regional
forums.
i)

ii)
iii)

An independent salaries and remuneration board should be established and

vested with powers to determine the salaries of public servants including
political leaders such as president, ministers, MPs and local government
political leaders.
The Board should have representation from the business/private sector and
civil society.
The public sector should represented be ministries responsible for monetary
and fiscal policy as well as planning.

Issue #16: Protection from deprivation of property

Article 26: Protection from deprivation of property
(1) Every person has a right to own property either individually or in association with

others.
(2) No person shall be compulsorily deprived of property or any interest in or right over
property of any description except where the following conditions are satisfied
(a) the taking of possession or acquisition is necessary for public use or in the interest of
defence, public safety, public order, public morality or public health; and
(b) the compulsory taking of possession or acquisition of property is made under a law
which makes provision for
(i) prompt payment of fair and adequate compensation, prior to the taking of possession
or acquisition of the property; and
(ii) a right of access to a court of law by any person who has an interest or right over the
property.

Since 2001, Government has proposed to amend reasons for compulsory acquisition to
include investment. Government also seeks to discriminate against land that does not
have permanent structures. In such cases, such land can be compulsorily acquired and
compensation can be made within one year after a citizen has been deprived of such land.
Government justification for this amendment is that it needs to be able to promote
economic development and create jobs.
The following points emerge as consensus from the regional reports.
i)
ii)
iii)
iv)
v)

Government has a legitimate concern regarding accessing land for investment

in order to stimulate economic growth.
The constitution seeks to protect citizens from arbitrary deprivation of
property in favor of other private interest.
That the protection guaranteed by article 26 should be maintained and
investment should not be added as a reason for compulsory acquisition.
The requirement for payment of prompt, fair and adequate compensation prior
to any compulsory acquisition, and access to justice and remedy, must be
upheld.
Investors should acquire land on the market and through negotiation like all
other citizens.

Issue #17: Age qualification for a president (Article 102(b))

Article 102: Qualifications of the President
A person is not qualified for election as President unless that person is
(a) a citizen of Uganda by birth;
(b) not less than thirty-five years and not more than seventy-five years of age; and
(c) a person qualified to be a member of Parliament.

There is clear consensus on this issue that the age qualification for a
president should remain not less than 35 years and not more than 75
years.
Issue # 18: Tenure of Office of President
Article 105: Tenure of office of a President
(1) A person elected President under this Constitution shall, subject to clause (3) of this
article, hold office for a term of five years.
There is ongoing debate on the tenure of office of a president. Two issues are apparent in
this debate:

First the proposal to increase the term of office of the president from 5 years to 7
years.
A proposal to reintroduce a two-term limit on the number of terms a person can
be elected president.

There is clear consensus from all regions that:

i)
ii)

The term of office of president should be maintained at 5 years per term.

A person should be eligible to be president only for two consecutive terms of
five years each.

Issue #19: Form of Government

Article 69: Political systems
(1) 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.

(2) The political systems referred to in clause (1) of this article shall include
(a) the movement political system;
(b) the multiparty political system; and
(c) any other democratic and representative political system.
There are ongoing discussions about the form of Government that Uganda should have.
The two options are:1
Presidential form of Government A presidential system is a republican system of
government where a head of government is also head of state and leads an executive
branch that is separate from the legislative branch.
On the other hand a parliamentary system is a system of democratic governance of a
state in which the executive branch derives its democratic legitimacy from, and is held
accountable to, the legislature (parliament).

i)
ii)

The general consensus is that Uganda should be a republic with a presidential

system of governments and appropriate checks and balances.
That cabinet ministers should not be members of parliament and in case an
MP is appointed to cabinet, such MP should resign he or her seat before taking
over the cabinet position.

Issue # 20: Access to the media

67. Organization of elections.
1

Presidential form of Government A presidential system is a republican system of government where a head of
government is also head of state and leads an executive branch that is separate from the legislative branch. The head of
state often is also the head of government, and most importantly: the executive branch does not derive its democratic
legitimacy from the legislature.
Parliamentary form of Government A parliamentary system is a system of democratic governance of a state in
which the executive branch derives its democratic legitimacy from, and is held accountable to,
the legislature (parliament); In a parliamentary system, the head of state is normally a different person from the head of
government. In a parliamentary system, by contrast, the legislature holds supreme power. The prime minister is chosen
by members of the legislature (Parliament) from among their own number and in practice is the leader of the majority
party in the legislature. The cabinet members must also belong to the legislature, where they are subject to the same
kind of questioning that the prime minister experiences. If the prime minister loses the support of the majority in the
legislature on a significant vote, he or she must resign, and elections are called immediately.
The main difference between a parliamentary and presidential system of government is that in a presidential system, the
president is separate from the legislative body, but in a parliamentary system, the chief executive, such as a prime
minister, is part of the legislative body, or parliament. A presidential system separates the executive and legislative
functions of the government and provides what are commonly called checks and balances to limit the power of both the
chief executive and the legislature. In a parliamentary system, the legislature holds the power, and the chief executive
must answer to the legislature. Another main difference is that in a presidential system, the chief executive and
members of the legislature are elected separately by the people, but in a parliamentary system, the legislature is elected
by the people and then must appoint or recommend for appointment one of its members to be the chief executive.

(1) The Electoral Commission shall ensure that elections are held at times fixed and
notified in advance to the public.
(2) No candidate in an election shall be denied reasonable access and use of State-owned
communication media.
(3) All presidential candidates shall be given equal time and space on the State-owned
media to present their programmes to the people.
(4) Parliament shall make laws regulating the use of public resources and institutions
during election campaigns.

Article 67 of the Constitution guarantees the right of every candidate

including presidential candidates to get equal access to the Stateowned media. But the previous elections have been characterized by
accusations of unfair coverage of candidates both within and among
political parties. The general consensus arising from the regional
forums is that:i)
ii)
Issue # 21:

There should be penalties for media houses that fail to comply

with the constitutional requirement for equal, fair and
balanced coverage.
The licensing regime should be used to secure compliance.
Freedom to organize and assemble

Article 29: Protection of freedom of conscience, expression, movement, religion,

assembly and association
(1) Every person shall have the right to
(a) freedom of speech and expression which shall include freedom of the press and other
media;
(b) freedom of thought, conscience and belief which shall include academic freedom in
institutions of learning;
(c) freedom to practise any religion and manifest such practice which shall include the
right to belong to and participate in the practices of any religious body or organisation in
a manner consistent with this Constitution;
(d) freedom to assemble and to demonstrate together with others peacefully and unarmed
and to petition; and
(e) freedom of association which shall include the freedom to form and join associations
or unions, including trade unions and political and other civic organisations.
(2) Every Ugandan shall have the right
(a) to move freely throughout Uganda and to reside and settle in any part of Uganda;
(b) to enter, leave and return to, Uganda; and
(c) to a passport or other travel document.

i) The general consensus is that the current environment does not

provide a conducive environment for the exercise of the right to
freedom and assembly.
ii) There are generally strong calls that the Public Order
Management Act should either be repealed or reviewed to
remove undue restrictions to the exercise of individual freedoms.

Group 1: PURPLE
Issue # 1: Internal democracy of political parties
Issue # 2: Independent candidates/Independent MPs
Issue # 3: Relationship between Citizens and their MPs and
political parties
Issue # 4: Representation of special interest groups
Issue # 5: Demarcation of constituencies and the number of
Members of Parliament
How do we guarantee this citizens compact

Group 2: BROWN
Issue # 6: The need for a new and independent electoral
commission
Issue # 7: Getting our votes counted- The Voters Register
Issue # 8: Powers of appointment to Constitutional Commission
Issue # 9: Votes required for a winner of a presidential election to be declared
president.
Issue # 10: Role of security forces and militia groups in the
electoral process
How do we guarantee this citizens compact
Group 3: PINK
Issue # 11: Nomination fees and facilitation of presidential
candidates

Issue # 12: Use of public funds and resources during elections

Issue #13: Funding for local governments and service delivery
Issue # 14: Requirement for public servants and serving officers of the security
services to retire before being nominated for office.
Issue #15: Salaries and Remuneration Board
Issue #16: Protection from deprivation of property
How do we guarantee this citizens compact
Group 4: GREY
Issue #17: Age qualification for a president
Issue # 18: Tenure of Office of President
Issue #19: Form of Government
Issue #20: Access to the media
Issue # 21: Freedom to organize and assemble
How do we guarantee this citizens compact