APRM COUNTRY REVIEW REPORT
Elections and Governance, among others. The country has also established democracy-promoting
institutions such as the Uganda Human Rights Commission, IGG, and the Auditor General. The quality of
its competitive and regular elections has also been repeatedly declared as free and fair presidential
already since 1996.
v.
However, this does not tell the whole story about competition for political power in Uganda; there have also
been concerns in several areas, including the formula for political party funding, access to public media,
and the over-zealous implementation of the Public Order and Management Act in a way that has
diminished the political space in the country, including curtailment of freedom of expression and assembly.
After a serious consideration of the facts on the ground, the Panel recommends, among others, that the
government reconsider the funding formula for political parties to ensure fairness and equity, with less
emphasis on party representation in Parliament and more emphasis on baseline funding.
vi.
Equally important is the current debate on the removal of the constitutional age limit for election to the
presidency of the Republic. Although this issue was nowhere mentioned in Uganda's CSAR 2017, the
Country Review Mission (CRM) learnt soon after its arrival in the country that this was in fact the most
explosive issue in the country at the time. The matter was triggered by a private members' bill which
sought, among others, “to review the eligibility requirements for a person to be elected as President or
District Chairperson under articles 102(b) and 183(2) to comply with article 1 which gives the people of
Uganda the absolute right to determine how they should be governed and articles 21 and 32 which prohibit
any form of discrimination on the basis of age and other factors.” Despite the fact that the parliamentary
motion was in the nature of a private members' bill, the move was naturally understood as calculated to
enable the incumbent, H.E. President Yoweri Museveni, to stand in the next elections in 2021, by which
time he would be about 77 years old. Learning from the commendable approach taken by CRR 2008 on the
related issue of the constitutional amendment to lift the presidential term limit to a maximum of two terms of
five years each, the Panel this time too recommends that Government needs to ensure that the ongoing
debate is handled in accordance with the doctrines and spirit of Rule of Law and constitutionalism.
vii.
Contrary to the well-articulated separation of powers in Uganda's constitution and other laws, there is the
perception that the executive remains unduly dominant in the country. The CRM notes that, although
Uganda has made separation of powers an integral part of its governance system, the dominance of the
executive and the resulting weaknesses in the system of checks and balances has become a matter of
concern.
viii.
Both parliament and the judiciary feel the executive's dominance in several ways, from the latter's use of its
budgeting power to weaken the judiciary to the apparent deployment of the military to intimidate members
of parliament into acting in a certain fashion. The CRM noted the enormous constraints caused by lack of
human and financial resources that democracy-promoting institutions such as the Uganda Human Rights
Commission face while delivering on their constitutional mandates. The Panel thus recommends that
Government ensure the financial and administrative independence and capacity of the Judiciary, the
Legislature and the other democracy-promoting institutions in Uganda and enable them to exercise their
powers effectively and efficiently.
ix.
Uganda has made tremendous effort in managing diversity through Section III(ii) of the Constitution under
National Objectives and Directive Principles of State Policy Section, which provides that “every effort shall
be made to integrate all the peoples of Uganda while at the same time recognizing the existence of their
ethnic, religious, ideological, political and cultural diversity”. Uganda has also ratified the African Charter
on Human and People's Rights which guarantees cultural, economic, political and social rights to all
citizens. However, the CRM finds that there is a sense of marginalization felt by ethnic minority groups in
the country such as the Batwa, Banyabutumbi, Basongora, Shana, Tepeth and the Venoma. The CRM
notes that this is an area of possible source of conflict in the future if discontent continues and it poses
challenges to the inclusive management of diversity in the country. The Panel recommends that the
Government consider enhancing the capacity of its institutions mandated to promote and protect the rights
of ethnic minorities as a matter oof priority.
x.
Uganda has also made great strides in the protection and promotion of women's rights through the
enactment of several pieces of legislation and establishment of institutions. However, the rights of women
as articulated in legislation are too often not implemented in practice, and too many cultural and religious
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