Uganda: Constitution At Crossroads - Protecting Popular Sovereignty in Era of Long-Term Rule

17 September 2024

Article 1 of Uganda's Constitution is a cornerstone of the country's democratic governance, affirming that "All power belongs to the people who shall exercise their sovereignty in accordance with this Constitution."

However, ongoing electoral reforms and the prolonged presidency of Yoweri Museveni threaten this principle.

As Museveni's extended rule continues, the importance of safeguarding Article 1 has become a rallying point for those concerned about the erosion of democratic governance in Uganda.

Museveni's prolonged tenure

Since assuming power in 1986, President Museveni has led Uganda for over 38 years. His extended presidency has prompted concerns over the consolidation of power and the weakening of democratic checks and balances.

Through multiple constitutional amendments, Museveni has removed presidential term and age limits, raising questions about the respect for popular sovereignty as enshrined in Article 1.

Institutional entrenchment

Museveni's long-standing rule has led to the entrenchment of political institutions closely aligned with his administration.

Key state organs like the judiciary, security forces, and electoral bodies have increasingly come under the government's control, making it difficult for opposition parties and civil society to challenge the status quo effectively.

The centralization of power diminishes the independence necessary for a functioning democracy.

Public dissent and perception

A growing portion of the Ugandan public perceives Museveni's prolonged rule as a deviation from democratic norms. Protests, public outcry, and vocal criticisms from opposition leaders highlight a rising frustration with the current political structure. Citizens increasingly view the situation as a breach of Article 1's promise that power belongs to the people, emphasizing the need for reforms that ensure a truly representative democracy.

Allegations of electoral fraud

Uganda's recent elections, especially in 2016 and 2021, were marred by allegations of electoral fraud.

Accusations of vote tampering, ballot stuffing, and other irregularities have cast a shadow over the legitimacy of the elections. These issues fuel skepticism about whether elections genuinely reflect the will of the people.

Violence and suppression

Election periods have often been marked by violence and suppression, with security forces accused of using excessive force against opposition supporters.

The 2021 elections, in particular, were notable for widespread reports of arbitrary arrests, torture, and clashes between government forces and opposition groups. Such violent measures hinder the democratic process, suppressing voters' participation and discouraging political activism.

Opposition struggles

Opposition parties continue to face significant hurdles during election campaigns.

Government authorities have been accused of employing tactics like harassment, arrests, and restrictions on opposition activities. These tactics prevent opposition candidates from mobilizing effectively, limiting voter access to alternative political perspectives and undermining free and fair elections.

Historical precedent of constitutional changes

Constitutional amendments in Uganda have repeatedly altered the political landscape, most notably through the removal of term and age limits.

These amendments have been widely viewed as moves to entrench Museveni's rule, raising concerns that Article 1 itself may come under threat in future amendments. There is an ongoing fear that further changes could undermine the core principle of popular sovereignty.

Risks of further erosion

Any amendment to Article 1 risks eroding the democratic foundation that ensures the people's right to govern.

If Article 1 is compromised, it could deepen the centralization of power and further limit Ugandans' ability to exercise their sovereignty, potentially cementing the current political structure and marginalizing democratic participation.

Public resistance

Previous attempts to alter the Constitution, such as the controversial removal of presidential age limits in 2017, were met with public outcry.

The Ugandan public has consistently opposed changes that seem to undermine democratic values, and any amendment to Article 1 could provoke a stronger backlash. Widespread dissent could lead to increased political instability and unrest.

Challenges in dislodging Museveni's rule

Institutional barriers

The institutionalization of Museveni's rule presents significant challenges to removing him from power.

His administration has cultivated close ties with critical political and security institutions, making it difficult for opposition forces to challenge the regime. The tight grip on state machinery means that even robust opposition campaigns face significant structural disadvantages.

Electoral manipulation

Reports of election manipulation, including voter suppression and fraud, have made it increasingly difficult to dislodge Museveni through democratic means.

The lack of transparency and accountability in the electoral process prevents opposition candidates from securing a fair chance at leadership.

Public mobilization

While public activism and mobilization have been instrumental in pushing for democratic reforms, such movements face harsh crackdowns by the state.

Security forces often respond to protests with violence, fostering an atmosphere of fear and discouraging broader public engagement.

International influence

International players have a role in Uganda's political landscape. Although there is global concern over Uganda's democratic practices, international aid dependency and geopolitical interests have tempered external pressure for democratic reforms.

The delicate balance between international influence and domestic change is critical in shaping Uganda's future.

The importance of protecting Article 1

Upholding democratic integrityThe protection of Article 1 is vital to preserving Uganda's democratic principles. Any amendments that weaken this provision would erode the foundations of popular sovereignty and threaten the ability of citizens to choose their leaders freely.

Ensuring electoral fairness

Maintaining Article 1 ensures that future electoral reforms align with the will of the people and safeguard the integrity of Uganda's elections. It provides a critical check on the government's ability to manipulate the democratic process.

Fostering political stability

When citizens trust that their sovereignty is respected, political stability is more likely to prevail. Safeguarding Article 1 promotes a democratic environment where Ugandans feel empowered to engage with the political system and hold leaders accountable.

As Uganda faces ongoing electoral reforms and the challenges of a long-term presidency, the principle of popular sovereignty, enshrined in Article 1 of the Constitution, remains at risk.

Protecting this fundamental democratic pillar is essential for ensuring fair elections, maintaining political stability, and upholding the will of the people.

Ugandans must continue to demand reforms that safeguard their sovereignty and preserve democratic governance.

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