By Joseph Senyonjo
New York, New York
The Regional Tier versus Federalism
The New Vision reported on July 3rd, 2004 that the Uganda Cabinet had proposed a regional tier system for regions that desire it. The districts of Buganda would be deemed to have formed a regional tier. The central government would give some powers to the regional tier and to the districts. Districts would form a regional council.
The proposed regional tier system may at first glance seem to give way to de facto federalism. Indeed, while announcing the proposal, the government statement conceded one of federalism advocates’ major points: it pointed out that some districts are too small, and that the regional tier would enable them to pool resources.
Wherein lies the difference between Federalism and the proposed Regional tier? The fundamental difference lies in the conception and the spirit, as well as, the structural and constitutional underpinnings of the proposed system.
Structural and Constitutional Issues
There are two structural and constitutional issues that distinguish the proposed regional tier from genuine federalism.
First, the regional tier and the districts would essentially be mere agents of the central government. In genuine federal Systems such as those of the United States, Germany, Switzerland, Belgium, Canada and Australia, among others, jurisdiction is constitutionally demarcated among the three levels of government: Federal (central), State (regional) and local (districts, counties, cities) in such a way that none of the levels derives its fundamental powers from any of the others. None of the levels can arbitrarily infringe on the other’s jurisdiction. In the proposed regional tier these powers and privileges would be contingent on the central government’s goodwill. Worse still, the proposed regional tier would be dependent on the ability of the districts to work cooperatively with it while they, simultaneously, report to the central government. Federal systems have no room for the central government agents in local politics, at either regional or local levels, yet all Uganda’s districts have Presidential appointees, the Resident District Commissioners (RDCs), charged with overseeing the districts.
Second, federal systems are designed to ensure national stability through regional checks on powers of potentially autocratic central governments. Consequently, federal regions are indivisible, that is, they cannot be broken apart. Their boundaries are inviolable. The Uganda cabinet’s proposed regional tier system, on other hand, stipulates that districts could withdraw from the regional tier by votes of two-thirds of the district councils. Such an arrangement would be a recipe for instability and disaster due to the inevitable acrimony among the different levels of government. The system would render the regional tier hostage to the districts since districts could threaten to withdraw from the system. In effect, the regions and the districts would be powerless to check on the excesses of the central government, since they would ultimately be consumed in petty power plays among themselves.
The Conception and the Spirit of the proposed regional tier
The proposed regional tier further falls short of federalism in that it was clearly conceived as a stopgap measure designed to contain Buganda’s federalism demands. The abiding spirit within the cabinet was clearly that of the unitary status quo rather than genuine empowerment of all Uganda’s people through powerful regions that would work in concert with the central government to address Uganda’s chronic under-development. If it were otherwise, the cabinet would not have ignored submissions to the Constitutional Review Commission from Acholi, Bunyoro, Busoga, and West Nile that also requested implementation of a federal system of government for Uganda.
The Example of the American Founding Fathers
When the U.S. ‘founding fathers’ started their campaign for federalism, they set out to educate the people on the benefits of federalism despite the fact that not all American regions at the time understood, nor appreciated the need for federalism. Some political elites from the various regions preferred a confederacy that essentially left most of the powers to the states with the central government having very little power; others preferred a unitary system. The founding fathers were far-sighted enough to ensure that the new constitution would be grounded on a system that would ensure its stability. They choose federalism– over a both a confederation and a unitary system– based on the fact that it ensured that all regions could advance many of their economic and political interests without interference, or veto of the central government, while simultaneously ensuring that the central government was powerful enough to guarantee the unity and harmony of the country. Federalism ensured that all of America’s regions had a stake in the integrity of the constitution since it empowered them to protect their interests.
Major components of a genuine Federal constitution
First, there would be a national federal constitution that gives equal powers and privileges to all regions while allowing for regional differences in administration within the bounds of the national constitution.
Second, there would be states / regions with capitals and regional constitutions.
Third, there would be elected regional legislatures in which all the districts, or counties, in each region would be represented. Kingdom regional legislatures could have upper chambers specially representing cultural interests such as clans, and ethnic minorities.
Fourth, the governors of the regions, including the Katikiro in Buganda, would be elected officials. In kingdom regions, the candidates for election as governor, or Katikiro, in Buganda, would go through a nomination process with the involvement of traditional rulers. The traditional rulers would be the constitutional heads of areas where they are wanted, but would not be involved in partisan politics.
Fifth, the national legislature would have two chambers: the lower house, representing constituencies, and the upper house, similar to the senate in the United States, representing each of the regions. While in the lower house more populous regions would have more seats, in the Upper House all regions would have an equal number of representatives to guarantee that all regions small or big have an equal chance to protect, or advance their interests.
Sixth, the federal equalization concept would constitutionally ensure that funds are redistributed — via pre-established formulas — to less privileged regions to help them achieve and maintain standards of living which are, at the very least, comparable to the national average. The federal government would help ensure that social services such as roads, schools and hospitals in less privileged regions are built up to a desirable national standard.
In conclusion, unlike the proposed regional tier, or the 1962 constitution, a genuine federal system for Uganda would encompass all of Uganda’s regions. The architects of the system would have to transcend a 1962-like semi-federal arrangement, which many Ugandans mistakenly believe is representative of true federalism in a Ugandan context. The 1962 arrangement was not a genuine federal arrangement for Uganda. Under the arrangement, one region was heavily favored, because it was sophisticated and organized enough to strongly negotiate for a certain level of self-determination, while most other regions were content to cede much of their power to the central government. The system was so imbalanced that it exposed Buganda, the only true federal region at the time, to envious talk of being a state within a state.
In Federal Uganda all the regions would have equivalent constitutional powers to raise and mobilize resources locally, nationally and internationally, without undue interference from the central government. There would be elected regional assemblies and governors, along with special accommodation for the role of cultural leaders. Once empowered, by the federal constitution, all Ugandans regions would jealously guard it against encroachment. The Ugandan nation-state would for the first time in its history gain legitimacy in the minds of all Uganda’s people — leading to lasting stability and prosperity.
Long Live Federalism!
Visit www.federo.com, and check out the report that Ugandans in the Diaspora presented to Constitutional Review Commission regarding federalism.
Joseph Senyonjo
UAH forumist residing in USA