QUESTION FOUR

In 1986, the NRM Government promised a ‘fundamental change’. With respect

to the constitutional developments in 1986-1995, did they deliver on their
promise?

INTRODUCTION

According to the 1995 constitution of Uganda, the movement system is defined as a

broad-based inclusive and non-partisan system of governance that conformed to the
principles of participatory democracy, accountability and transparency. The principle
was built on the principal of popular participation with leaders to be chosen on
individual merit to occupy positions of authority in the state .

In 1980, general elections were held under a multi-party system. The elections were
allegedly won by Obote and the Uganda People’s Congress (UPC) thus years 1980-85
marked the era of Obote II. UPC’s victory was severely contested with allegations of
election rigging by a group known as Uganda Patriotic Movement (UPM) under
Yoweri Kaguta Museveni and Yusuf Lule. consequently, they refused to accept the
election outcomes and left the political scene for guerrilla war. The UPM later became
the National resistance Movement (NRM) as the political wing and National
Resistance Army as the military wing. Upon Lule’s death in 1985, Museveni became
the soul leader of both the NRM and the NRA.

Due to the political persecution, instability and economic problems, dissatisfaction

with Obote II’S government grew and was eventually over thrown by Uganda
National Liberation Army (UNLA) troops under Brigadier Basilo Okello and General
Tito Okello Lutwa. Negotiations and peaceful resolutions’ attempts between Okello-
Lutwa and Museveni and his NRA guerilla force were all unsuccessful. On 26th
January 1986, NRA under Museveni over threw the Okello-Lutwa junta.

The NRM’s government’s experiment with no party politics gained immediate and
widespread popular acceptance, largely because it was viewed as having brought
more stability, peace and development than any other form of governance since
independence.

The period of 1986-1995 can be described as one of the searches for a new mode of
constitutionalism since the country had last seen the constitutional governance in
1971 just before Amin’ military coup that overthrew Obote. So, when NRA came to
power, it promised a fundamental change in which it declared that it would distance
its self from the previous modes of government through its Ten- point program
aimed to enhance political, social and economic governance in the new Uganda.
Although NRM to some extent successfully delivered on its Ten-point program from
1986-1995, It didn’t uphold its promise on others as discussed below.

Point 1. Restoration of Democracy

The very first point under NRM’s Ten Points program was democracy. The NRM
introduced the resistance councils and committees. These councils transformed the
nature and content of local government by breaking the monopoly of the chief. For
the first time, power at the local level was divested from a single individual and
placed in the committee or councils. Furthermore the resistance councils system
brought about a new form of participatory democracy at the grassroots whereby the
local people were involved in the elections of their leader from the village to the
district level. During this period, they achieved this because people in Uganda were
able to elect representatives to the constituency assembly, which was acting as the
parliament then.

Rule of law/ supremacy of the law was also evident. This is a system that supports
equality of all citizens before the law, accountability to the law, fairness in the
application of the law, separation of powers, participartion in decision making,
procedural and legal transparency among others. The resistance council system sought
to bring about a separation of powers, where they established the three arms of
government, say Executive, Legislature and Judicial councils which were all to
operate independently.

It may be said through that overtime as the NRM entrenched itself. The RCS became
more and more like the institution of the ruling power such that in the later years, they
were merely a shadow of what they were originally meant to be. The three arms of
government are not independent any more in their operations, especially the Judicial
organ, many court orders have been violated and rampant re-arrests of suspects
forinstance the re- arrest of the kaweesi suspects, kakwenzi e.t.c, even when they are
granted bail by court, Judicial decissions are not in favor of justice any more since
they are highly influenced by orders from the top personels in government thus
weakening the judicial system of the country. This has forced people to loose hope in
courts of law since they are not reliable hence endless conflicts. Vote rigging has also
been on a high since 2006 to date.

The Uganda Constitutional Commission was established in 1988 which led to the
promulgation of our current Constitution where Article 1 stiputes the sovereignity of
the people hence democracy. Of note is also the fact that the system of grassroots the
NRM government introduced has since been adapted as an institution structure of the
government. This is well stiputed in Articles 176-180 of the Constitution, Articles
136-149 also explains the powers and functions of the Judiciary and Article 79 vests
powers in the legislature.

Point 2. Restoration of Security

The NRM government has greatly ensured that the security of the people and their
property has been met since 1986. It removed both political and personal fear
persecutions, murders and torture which had been common features of the previous
regimes. State officers and army personnel who occasionally committed any of these
crimes were sought out and tried, convicted and severely punished. This was intended
to create discipline with in the army. The NRM held negotiations with UPDM on 31st
October 1986 to end violence in kitugum. It then tried to resolve the karamajong
conflicts by taking their guns to stop the conflicts and cattle rustling this reduced on
the conflicts and created some peace with in the region. It also defeated the Holy
Spirit Movement of Alice Lakwena. This resulted into the formation of Article 208
that provides for the creation of the Uganda Peoples Defense Forces Article 211 that
provides for the creation of the Uganda Police Force and Article 219 for the creation
of the National Security Council and these have upheld the security and maintained
peace.

However, there were short comings for example the NRM failed to stop the Lords
Resistance Movement of Joseph Kony that murdered and kidnapped people in
Northern Uganda not until later when they were chased out of Uganda by the UPDF.
The ADF, an Islamist rebel group has on several times over the years attacked
Uganda threatening the peace and security of its citizens. The government has also
failed to identify the terrorists that are threatening and murdering members of
parliament and police officers, Forinstance till now the murderers of the former
Assistant Inspector General of police the Late Andrew Felix Kaweesi, late Major
Mohammed Kiggundu, late Hon Ibrahim Abiriga mention but a few, are not brought
to justice. The infamous bijambia (machete) killers that terrorized people in Masaka
and endless land grabbing are also problems unsolved hence NRM not delievering on
its promise.

Point 3. Consolidation of National Unity and Elimination of all forms of

sectarianism.

Another point was the consolidation of National unity and elimination of all forms of
sectarianism. From the very onset, NRM conceived its government based on non-
partisan politics and suspended all political party activities. They blamed multi-party
system for being the basis of sectarianism, tribalism and divisive politics which had
dominated previous governments. For example, kabaka Yekka was for the Baganda
and the kingdom, DP was for the Catholics, UPC was for the Langi and Acholi and
may other political parties. Such divison is what caused instability Uganda
experienced since 1964.

Article 21 of the Constitution of Republic of Uganda prohibits gender discrimination

generally and enshrines the principle of equality before the law, regardless of sex,
race, color, ethnicity, tribe, religion, political belief, or social or economic standing.
Article 31 sets the minimum age for marriage at 18 and provides for equal rights
between men and women during marriage and divorce. Article 33 pertains specifically
to the rights of women and requires that (1) the government must provide
opportunities to enhance the welfare of women and enable them to reach their full
potential, (2) women have rights equal to men in areas including political, economic,
and social activities, and (3) laws, customs, traditions, and cultures that are "against
the dignity of women" are prohibited by the Constitution.

President Museveni said himself on 12th of may 2006 that "ever since 1986,when the
National Resistance Movement (NRM) ended decades of state-inspired extra-judicial
killings that accounted for the death of 800,000 Ugandans between 196 and 1986,we
introduced popular democracy based on a no-party model. In order to defeat the
almost one century old sectarianism that had been fomented among our people and
had been partially responsible for the upheavals that gripped Uganda. We avoided the
immediate re-introduction of multi-party democracy .This model was not well
understood abroad although it healed our people from sectarianism based on religious
sects and tribes. We ignored the pressures from outside until we were convinced that
the mindset of people had changed (p:16 poverty alleviation department 2011).

Besides, this sectarianism was not only based on tribes and religions but also gender
chauvinism especially the women who were greatly marginalized in the past. There
were only three women in the independence parliament of 1962. However, today we
see a tremendous change with the coming of the NRM through its promise to end
sectarianism. women have been empowered to such an extent that Uganda for the
very first time in history witnessed its female vice president; Specioza wandira
Kazibwe who served from 1994-2000. Also the current vice president and prime
minister are women i.e Jessica Alupo and Robina Nabbanja respectively. Other
notable women empowered through this NRM regime are; Rebecca kadaga who was
the first female speaker of parliament from 2011-2021 e.t.c. In fact ,statistics show
that Museveni has increased the percentage of women in the cabinet from 27%-43%.
Therefore NRM coming up with a consolidation of national unity in Uganda’s politics
and government seemed and has proved not only a great alternative to the passed
governments but also an achievement in their regime thus to some extent delivering
on their promise to the people of Uganda.

However, over the years nepotism and tribal secretarianism favoring Museveni has
been evident in our population, especially in politics, army and the employment
sector.

Point 4. Defending and Consolidating National Independence

Point 5. Building an independent , integrated and a self sustaining state.

This is probably the most important point of the whole programme. Uganda was in
microcosm of the African situation, it was backward, an underdeveloped country
whose only progress is the “development of the under-development”. The
fundamental cause of this under-development was the structural intertwinement with
the economies of the developed countries of the West on an unequal basis. Resources
flow out, in the present era in the form of Cheap raw-materials, some materials which
are notably minerals that are exhaustible.
It was envisaged that an independent, integrated and self sustaining state would stop
the leakage of Uganda's wealth abroad. In 1992,the president articulated that there
was no way Ugandans would emancipate themselves from poverty and backwardness
without carrying out industrial revolution as long as they continued exporting cheap
raw primary commodities. The situation would change and his economic programme
embarked on reviving and diversifying agriculture and industrial sector,this
particularly involved exportation of traditional cash crops such as coffee and
simsim .The National Agricultural Advisory service programme(NAADs) was
introduced in 2001. It is an innovative public-private extension service delivery
approach with a goal of increasing market oriented agricultural production by
empowering farmers through provision of agriculture inputs. The processing of export
raw materials to add value in order to get revenue for development in Uganda and
following the National trade policy of 2007 that supported productive sectors of the
economy to trade domestically and internationally.

The government also embarked on an extensive import substitution in order to reduce

the import bill especially the basic consumer goods, for example the construction of
industrial parks at kapeeka,luzira Namanve for textiles and plastics which are already
operational and tax subsidies to promote local investment with in these parks .

The government also came up with the national export development strategy in 2017
that targeted value addition for export markets. At the regional level Uganda was a
member of common market for Eastern and southern Africa (COMESA), East African
community and southern African development community (SADC), Tripartite free
trade Area that particularly embarks on a development approach to market integration,
infrastructural development and industrial development.

However, on import substitution to reduce the import bill NRM has failed since
Uganda is a net importer of manufactured goods such as fruit juices thus leading to a
balance trade deficit. This economy is characterised by almost a total absence of
manufacturing industries; and the few that exist, are, unduly dependent on foreign
inputs, which inputs, however, could be locally procured if there was any element of
integration in the economy. Sometimes it is merely assembling components already
made in foreign countries or rolling and wrapping toilet tissue. That sort of thing is
called “manufacturing” industry. You find there is no linkage between the raw
material producing sectors and the so called manufacturing sectors.

Economic rights are provided for under Article 40 of the Constitution of the Republic
of Uganda and also Articles IX and X which clarifies the right and role of the people
in development.

Point 6. Restoration and improvement of Social Services and Rehabilitation of

Ravaged areas

In his 10 point programme, he promised to restore and improve on social services as

well as rehabilitate the ravaged areas that were affected by the civil war. The state was
to deliever and ensure that Ugandans have access to education, health services, clean
and healthy water, work, decent shelter, adequate clothing, food security, enough and
well trained healthy workers among others. This was on a smaller extent achieved in
the period 1986-95 but in the later years progress was registered.

In January 1997, the NRM government introduced Universal Primary Education

(UPE), abolishing tuition fees and parents teachers Association charges. For a decade
now, the programme has given education opportunities to children from poor family
background to access primary education. Consequently, literacy levels have increased
across the country.

Since 2011, NRM Government has committed itself to improving the quality of
general healthcare services in the country. In order to realize tangible results in
people’s health standards, NRM Government has intervened in mass immunization of
all children under- 5 years to control preventable killer diseases. These include Polio,
hooping cough, diphtheria, tuberculosis, tetanus and measles. Government’s
preventive intervention against malaria through the countrywide distribution of free
insecticide treated mosquito nets has scaled down the impact of the killer disease
among children.

Also Government has intervened in treatable or preventable conditions of pneumonia

and diarrhea among infants by providing antibiotics and oral rehydration therapy at
Health Centre III level. In addition, there is gradual improvement in maternal
healthcare due to Ministry of Health’s aggressive maternal healthcare awareness
campaign. Consequently, the number of women delivering outside health facilities has
reduced. Nevertheless, there is room for further improvement in this sector.
Therefore, NRM Government has responded to general healthcare needs as part of its
leadership accountability to the people of Uganda.

In the recent years, The NRM government has also endevoured to deliever on its
promises, through different road construction projects. These include: Gulu-Atiak
road, Nakapiriprit-Moroto road, Vurra-Arua-Koboko-Oraba road, Atiak-Nimule road,
Kafu-Kiryandongo road, Kamwenge-Fort Portal road, Mpigi-Kanoni road, Mbarara-
Ntungamo road, Jinja-Kamuli-Mbulamuti road, Mukono-Jinja road, Mukono-
Kyetume-Katosi road, Rwentobo-Kabale-Katuna road, Totoro-Mbale-Soroti road,
Mbarara-Kikagati-Murongo road, Kampala(Busega)-Masaka road, Kampala-Entebbe
Express Highway and Mbarara-Bypass. By undertaking all these pro-people road
projects, NRM is lighting the candle for national development rather than cursing the
darkness of poverty. More road construction projects have been announced by
Government to be undertaken soon. Indeed this is part of NRM’S better service
delivery in practice whose tangible results are geared at uplifting the living standards
of citizens.

However, NRM has also registered some failures in social service delivery, there is
alot of loopholes in all the specified sectors, non payment of teachers and doctors
salaries has led to increased cases of corruption in hospitals and schools, high
illiteracy levels hence poor service delivery. Drug hoarding, occassional protests and
riots, inedaquate inftrastructures, inadequate healthy workers, poor housing among
others. The construction of road projects has incurred a heavy debt on the country
which update to we have failed to clear.

The constitution provides for the establishment and functions of the Education and
Health Service Commissions under Articles 167 to 170. Articles 30 and 39 stiputlate a
right to education and a right to a clean and healthy environment.

Point 7. Elimination of corruption and misuse of power.

Point 8. Redressing errors that have resulted in the dislocation of sections of the
population and improvement of others.

NRM also promised to solve the problems of the victims of the past governments.
Obote's government had abolished kingdoms and when museveni came into power he
restored the kingdoms in 1993 and this is stipulated in the 1995 constitution article
246 which instituted traditional and cultural leaders which was an achievement
according to what he promised in the 8th point of ten point program . He however
failed to fulfill the 8th point in that he failed to work upon the land reforms and this is
evident in the situation that up to now he has failed to reward back the mailo land
back to the baganda for instance as president museveni swore in for his sixth term in
office, he made it clear that one of his priorities would be the rampant evictions,
which he blamed on mailo land, a tenure predominantly practiced in uganda. speaking
during heroes day celebrations in june 2021, mr musseveni expressed strong
disaproval of the mailo land system as a very bad and evil which was contrally to
what he had promised in 1982 in his 8th point among the 10 point program.

Point 9. Co.operation with other African countries in defending human and

domestic rights of our brothers in other parts of Africa.

As per the 9th point plan promised, the NRM government reconciled issues with
neighbour countries especially Tanzania under Julius Nyerere, it should be noted that
during Amin's regime, he had soured relationship with most countries, his
disagreement with Nyerere even led to Tanzania attacking Uganda, the relationship
was consequently restored with NRMs rise to power hence promoting peace and co-
operation.

In addition, the NRM's participation in Union bodies through out Africa strengthened
co-operation, this was through his involvement in the joint bodies such as the
COMESA which promoted economic independence of African states, the
Organization of African Union before it was disbanded and even when it was
rivived in 2002 as the African Union. He was also one of the original members of the
revived East African Community which was revived on 30th, November 1993, this
was with Daniel Arap Moi of Kenya and Hassan Mwinyi of Tanzania. This EAC was
set up to promote peace, unity and economic co-operation among the East African
countries thus NRM is therefore credited for that.

The NRM government welcomed and facilitated refugees throughout Africa, for
example, during the 1994 hutu-tutsi genocide in Rwanda, many Tutsi sought refuge in
Uganda. He allowed refugees from various countries i.e Somali, Ethiopia , South
Sudan, when the countries were going through political instabilities, this action helped
save lives of many people.

The government, through different bodies also assisted countries in promoting peace,
this is evident in Somalia, where through the AMISON Ugandan troupes have been
deployed there to fight the rebel group in 2007 and some are still being sent upto date.

However, the NRM government failed to uphold the 9th point as it disrupted peace in
Congo, where it joined forces with Rwanda and the opposition leader Laurent kabila
attacked Congo, this led to what was referred to as the 1st African war in 1996-1997.
They removed the leader Mobuto Sese Seko accusing him of being a dictator. The
government also interfered in the 1998 Congo war which undermined peace and even
led to Uganda being sued in the International Criminal court by Congo for causing
the war and taking their natural minerals. Uganda was ordered to pay compensation to
Congo.

The government, is also accused of aiding Paul Kagame to overthrow the government,
during the genocide. It should be noted that during the genocide, the government
didn't try to use any peace means to stop it, they just resorted to force which
intensified fighting.

Point 10. Following the economic strategy of a mixed economy.

The economy had declined due to destruction of industries a consquence of looting

and decline in agriculture due to insecurity. With the coming of NRM in power, the
government decided to follow and maintain a mixed economy combining both
capitalist and communist ideas with small businesses in the hands of private
entrepreneurs, import export licensing, monetary policy, Construction of industries
and construction of schools and hospitals with government intervention. These
industries provided employment opportunities to the Ugandans which reduced
poverty and increased incomes which later resulted into investment .

The government embarked on liberalising the economy in order to attract local and
foreign investment and this encouraged private initiative in the development of the
economy .This also led to donor support from the world bank and IMF that dictated
the capitalist policies of privatisation and liberalisation upon the locals.
The government also constructed infrastructures such as roads that enabled the
smooth transportation of products and raw materials to and fro the industries to the
markets thus increase in the production of output hence increased incomes and
revenue. It also set up electricity dams such as the Owen falls dam in 1954 at Jinja,
Bujagali hydropower dam in 2011 and these also facilitated the running of machines
thus enhanced production hence leading to economic growth.

However, there's an assumption that liberalising the economy will attract both local
and foreign investment and that privatised former non performing government entities
will perform better some success happen in telecoms and beverages but not in
agriculture.

There's an argument that government investment in infrastructures will drive growth

of the economy. But regrettably, on completion of Bujagali hydropower dam in 2011,
it has not continued spurring the private sector growth because all energy investments
haven't reduced tarrifs that electricity bills and water bills keep going up.

Factories come up with poor quality products which cannot satisfy the demands of
the population hence resulting into exportation of expensive machinery and goods
thus affecting and lowering the prices of locally made product hence unemployment
the locals are kicked out of the market.

Point 11. Financing public infrastructure using internal borrowing and creating
employment in the country.

NRM promised construction of schools clinics energy stations, roads, libraries

telephones and also provision of clean water. However, their delivery record is
mixed,some actions have been reached but the public has not been served well. For
example some areas have since then been provided with the electricity but then its not
affordable. Health centers have been constructed but not fully equipped with the
necessary equipment and medicines, associated with poor working conditions for the
clinical officers, underpayment among others leaving the life of Ugandans at stake.

Maintenance of water supplies has constrained access to clean water leaving many
areas without clean water. Unemployment and under-employment has increased as
the Youths unemployment is estimated at 80 percent. It's also true that the cooperative
unions that used to encourage farmers to do more gardening activity as well as saving
and acquisition of loans from the same have gradually been weakened and this has
since resulted into massive poverty of the locals. The government programs of
NAADS which sought to eradicate poverty through encouraging the locals to grow
fast growing and quality crops did not achieve the same in that a few people benefited
from it and those were the ones near the cake table.

The government policy of financing public infrastructure using internal borrowing

and creating employment opportunities to the natives has also been unable to yield its
objective since the government has failed to meet the demands of the high rate of the
educated class of people through providing them with jobs. In a nutshell, there has
been a challenge in uplifting the social and economic status of people of Uganda

Point 12. Human Resource Development, capacity building in technical and

public service sector.

Point 13. Preservation and development of our Culture.

Point 14. Consolidation of programs which are responsible to gender and

marginalized groups.

Point 15, Environmental protection and management.

The government of NRM also promised on managing and protecting the environment.
This included air emissions, energy management, green purchasing, hazardous waste
management, pesticides, solid wastes among others. This was put in place in 2002
under the Environment Acts that gave birth to the National Environment Management
Authority (NEMA) in the new amendment of the Environmental Management and
Protection act 2010. The government continued to protect the environment for
example protecting the wetlands, forestry , hence controlling erosion, protecting the
animals and fish habitats , promotion of tourism , regulating climate and prevention of
air pollution..

However the NRM government has totally failed to protect and managing the
environment . Whereby the wetlands are still being used by people with individual
interests for example the lwera swamp which is used for sand mining . Deforestation
is also another factor . In some parts of Buikwe district, Mabiira Forest was given to
the investors to cut it and use the land for sugarcane growing.
In conclusion,...

Refference:

Justice prof.Dr. GW kanyeihamba,constitutional and political History of

Uganda,Kampala-Uganda ,2002

Proceedings of a Conference,Constitutional Reform Processes in Eastern

Africa,Kampala-Uganda,1999

Holger Bernt Hansen and Micheal Twaddle,From Chaos to Order :The politics of
Constitution-making in Uganda ,Kampala -Uganda.

The constitution of the Republic of Uganda 1995.

https://www.law.cornell.edu/women-and
justice/resource/constitutionoftherepublicofuganda