In his article published in The New Vision of 23 Jan 2012, Dr Besigye shocked Ugandans when he asserted that “Federalism is not a solution to Uganda’s problems” given that his presidential campaign received substantial boost from Ssuubi Group, based on his assumed support for federalism. In the article, Besigye cited flawed examples of where federalism has failed, not where it is working, and where unitarism works, not where it has failed. Clearly a self-styled federalist who does not believe in federalism, Dr KB struggled in his true unitary colours, but Edith Mpanga, Vice Chairperson of UFA (UK) Branch, in her usual well-informed style, provided useful lessons on the history and good performance of federalism throughout the world, in her article “Dr Besigye’s understanding of federalism lacking”, published in The New Vision of 1 February 2012.
Dr KB listed informed citizenry, high official competence, fiscal transparency, political will to lead by example, strong legal and enforcement mechanisms etc , as “the bedrock of democratic governance…” – but these can all be achieved under “good” dictatorships as is happening in Rwanda, Cuba and colonialism – only they are guaranteed to last as long as the “good” dictator! Federalism, on the other hand, prevents dictatorship by limiting the capacity of any person from taking overall control of government.
The purpose of this article, though, is to warn those “asking / negotiating” for federalism, and those promising to “give” it to them, that the system is not even enshrined in the constitution of Uganda!
Article 69 of the Constitution of Uganda recognizes (i) The Movement and (ii) The Multiparty systems. All other systems (federalism, monarchism, feudalism, oligarchies, communism, socialism etc) are lumped in a mixed grill known as “Any other…..system”. Hence, only the Movement or Multiparty systems are readily available on Uganda’s political systems’ menu. The “Mixed grill” option requires a long process that includes evoking subsection 19 of “The Referendum And Other Provisions Act 2005”, which requires a parliamentary approval of the choice system out of the mixed grill, which, in turn, takes one via “The Other Political Systems’ Act 2000”
Recently, Dr KB rubbished UFA’s call for a referendum on federalism, arguing that the matter had been settled through the Odoki Constitutional and Ssempebwa Constitutional Review Commissions, both of which established that most Ugandans favoured the federal system. Therefore, according to Dr KB, to get federalism, all Uganda needs is to elect a federal-inclined president (read himself), to “give it” to them! Surely, Besigye, a delegate in the Constituent Assembly (CA) that discussed the Odoki Report and promulgated the 1995 Constitution knows that through manipulation, federalism did not make it to the Constitution. Since then, Uganda is governed by the constitution, not the Odoki Report! Dr KB should not take advantage of his supporters’ goodwill and ignorance to make them think that the constitution does not matter and that they should focus on the Odoki Report for federo.
With or without M7 or anybody else as president, federalism must first go through the constitutional process and be enshrined in the constitution before it can be “given”, and anybody who does not like the constitution, must amend or overthrow it as Obote and M7 did in 1966 and 1986, respectively.
UFA’s call for a referendum is one way to begin the process to get federalism recognized as a constitutional alternative political system in Uganda. I invite those disinclined against the referendum to join us to get federalism on the constitutional menu first, then argue whether or not it is a good system and certainly before anybody can promise to “give” it to anybody!
Beti Olive Kamya
E mail: ufapresident@gmail.com
Tel: 0783 438 201 / 0751 590 542
Ugandans-At-Heart 