The 1995 Constitution of the Republic of Uganda, enacted on October 8, 1995, represents a pivotal moment in the nation’s legal and political history, emerging from the ashes of a turbulent past marked by authoritarianism, constitutional instability, and civil strife. At its core, the Constitution enshrines a profound principle the sovereignty of the people. Article 1 of the 1995 Constitution unequivocally states that “all power belongs to the people who shall exercise their sovereignty in accordance with this Constitution,” establishing the citizenry as the foundational pillar of governance and an invisible yet indispensable arm alongside the executive, legislature, and judiciary. This legal framework positions citizens not merely as beneficiaries of state authority but as its ultimate source, tasked with shaping the nation’s destiny through democratic participation, civic engagement, and accountability mechanisms.
In theory, the citizenry is the lifeblood of Uganda’s democracy, empowered to vote, petition, protest, and influence policy under a robust constitutional scheme. However, in practice, this paramount arm often finds itself ignored or forgotten, its influence curtailed by legal restrictions, socioeconomic challenges, and political dynamics that prioritize elite interests over the public will. Laws such as the Public Order Management Act (Cap 9), and electoral controversies, such as those surrounding the 2021 general election, have constrained civic space, while constitutional amendments in 2005 and 2018 have sparked accusations of undermining the people’s sovereignty. Marginalized groups, including stateless persons and ethnic minorities like the Banyarwanda, face additional barriers to full participation, further eroding the citizenry’s role. Against this backdrop, the paradox of a constitutionally empowered yet practically sidelined citizenry demands rigorous scrutiny.
This analysis examines the legal architecture of the 1995 Constitution that establishes the citizenry as the paramount arm of government, the mechanisms through which they exercise their authority, the systemic factors contributing to their marginalization, and the legal implications for Uganda’s democratic framework. By situating the citizenry’s role within the broader context of Uganda’s historical struggles and contemporary challenges, this study aims to illuminate the gap between constitutional ideals and practical realities, advocating for reforms to restore the people’s rightful place at the heart of governance.
What is the Citizenry role in the ambits of the Constitutional Framework?
The 1995 Constitution of the Republic of Uganda establishes the citizenry as the cornerstone of the nation’s governance structure, vesting in them the supreme authority to legitimize and direct state actions. This foundational principle is articulated through a series of provisions that collectively define the citizenry as an indispensable arm of government, coequal with the executive, legislature, and judiciary. These provisions not only affirm the sovereignty of the people but also outline the legal parameters for their participation, ensuring that governance reflects their collective will.
I will labour to highlight the Articles in the constitution that bring to light the fact that the citizenry is a paramount co figure in achieving the legal framework under the constitution of Uganda.
National Objectives and Directive Principles of State Policy
The National Objectives and Directive Principles of State Policy, mandates that Uganda’s governance be based on democratic principles, which include regular, free, and fair elections, accountability of public officials, and active citizen participation. These principles serve as a guiding framework for state institutions, ensuring that the citizenry’s role is central to policy formulation and implementation. The directive principles emphasize the state’s obligation to foster an environment conducive to citizen engagement, reinforcing the constitutional vision of a participatory democracy.
Article 1: Sovereignty of the People
Article 1(1) declares: “All power belongs to the people who shall exercise their sovereignty in accordance with this Constitution.” This provision establishes the citizenry as the ultimate source of all governmental authority, rendering the state’s legitimacy contingent upon the consent of its citizens. It mandates that sovereignty be exercised either directly, through mechanisms such as referenda, or indirectly, through elected representatives in Parliament and local councils. Article 1(2) further reinforces this by stating that the Constitution is the supreme law, binding all authorities and persons, thereby ensuring that the citizenry’s sovereignty is upheld as the legal foundation of the state.
Article 38: Civic Rights and Activities
Article 38(1) explicitly recognizes the right and duty of every citizen to participate in the governance of Uganda, whether through voting in elections and referenda or through other lawful means, such as petitions or peaceful demonstrations. Article 38(2) further empowers citizens to engage in peaceful activities to influence government policies, ensuring that the citizenry can actively shape legislative and executive actions. This provision underscores the dual role of citizens as both rights-holders and duty-bearers in the democratic process.
Article 59: Right to Vote
Article 59(1) guarantees every citizen aged 18 and above, of sound mind, the right to vote in free and fair elections conducted by secret ballot at regular intervals. This right is a cornerstone of democratic participation, enabling citizens to directly influence the composition of the executive and legislature. Article 59(2) mandates the state to take measures to ensure that citizens can exercise their voting rights, including voter education and accessible polling stations, thereby reinforcing the citizenry’s role in electing public officials.
Article 29: Protection of Fundamental Freedoms
Article 29(1) guarantees citizens fundamental freedoms, including freedom of speech, expression, assembly, association, and movement, subject to limitations prescribed by law for public order, safety, or morality. These freedoms are essential for enabling citizens to organize, advocate, and hold the government accountable. The protection of these freedoms ensures that the citizenry can form civil society organizations, engage in public discourse, and participate in peaceful protests, all of which are critical mechanisms for influencing governance.
Article 176: Local Government
Article 176(1) establishes a decentralized system of governance based on democratic principles, empowering citizens to participate in decision-making at the district, county, sub-county, parish, and village levels through elected local councils. Article 176(2) mandates that local governments operate in a manner that ensures citizen participation and accountability, fostering grassroots democracy and enabling citizens to influence local policies and services, such as education, health, and infrastructure.
Articles 9–15: Citizenship
Chapter 3 (Articles 9–15) defines the legal framework for citizenship, which is a prerequisite for full participation in governance. These provisions outline citizenship by birth under Article 10, registration under Article 12, naturalization under Article 13, and dual citizenship under Article 15, as amended in 2005. Citizenship status determines eligibility for key civic rights, such as voting, holding public office, and accessing certain constitutional protections including land ownership under Article 237. The inclusion of dual citizenship reflects an effort to broaden civic participation, particularly for the Ugandan diaspora.
The Third Schedule, referenced in Article 10, lists 56 indigenous communities as of February 1, 1926, for determining citizenship by birth, ensuring that Uganda’s diverse ethnic composition is recognized within the citizenship framework.
From the above, these constitutional provisions collectively establish the citizenry as the paramount arm of government, vesting in them the authority to legitimize state actions, hold public officials accountable, and shape the nation’s political, social, and economic trajectory. By embedding sovereignty in the people, the 1995 Constitution creates a legal framework that prioritizes democratic participation and civic responsibility, ensuring that the state serves the interests of its citizens.
Articles 59 to 78 establish the framework for elections, guaranteeing every citizen aged 18 and above the right to vote in free, fair, and regular elections conducted by secret ballot. The Electoral Commission, constituted under Article 60, is mandated to organize, conduct, and supervise elections to ensure their integrity. The Electoral Commission Act, (Cap 140) and the Presidential Elections Act, (Act 16 of 2005) provide operational guidelines for electoral processes, including voter registration, candidate nomination, and election monitoring. These laws aim to uphold the democratic principles enshrined in the National Objectives. These elections enable citizens to select the President, Members of Parliament, and local government officials, thereby shaping the composition of the executive and legislative branches. For instance, the 2021 general election saw over 10 million registered voters as per the Electoral Commission, reflecting the citizenry’s role in determining national leadership. Despite constitutional guarantees, electoral processes have faced criticism for irregularities, such as alleged vote rigging and military interference, as reported by international observers for example Human Rights Watch, 2021, highlighting barriers to effective citizen participation.
Article 255 empowers citizens to directly decide on constitutional amendments or significant policy issues through referenda, providing a mechanism for direct democracy. The Referendum and Other Provisions Act, (Act 1 of 2005), regulates the conduct of referenda, ensuring that citizens’ votes are binding on matters such as changes to the political system or constitutional provisions. Referenda allow the citizenry to exercise sovereignty on critical national issues, bypassing representative institutions. A notable example is the 2005 referendum, which transitioned Uganda from a no-party “movement” system to a multi-party system, as was mandated by Article 271(Repealed). The rarity of referenda and their high organizational cost limit their frequency, reducing opportunities for direct citizen input on constitutional matters.
Article 38(2) guarantees citizens the right to engage in peaceful activities to influence government policies, including submitting petitions to challenge state actions. Article 50 further empowers citizens to seek judicial redress for violations of their constitutional rights, including through public interest litigation. The Judicature Act and the Civil Procedure Act (Cap 282) support citizens’ access to courts for enforcing accountability, while the Access to Information Act (Act 6 of 2005) enables citizens to request government information to scrutinize public actions. Petitions and litigation allow citizens to hold public officials accountable, as seen in cases challenging electoral malpractices or unconstitutional laws for example Constitutional Petition No. 16 of 2011 on electoral reforms. These mechanisms empower the citizenry to demand transparency and responsiveness from the state. High legal costs, judicial delays, and limited awareness of legal rights hinder citizens’ ability to utilize these mechanisms effectively.
Article 29(1) guarantees freedoms of expression, association, and assembly, enabling citizens to form civil society organizations (CSOs) and leverage media platforms to advocate for policy changes and monitor government actions. The Non-Governmental Organizations Act (Cap 109), regulates CSOs, while the Uganda Communications Act, 2013(Cap 106), governs media operations, both subject to constitutional limits under Article 29. CSOs and media amplify citizen voices, as seen in campaigns for land rights take the case by the Land and Equity Movement in Uganda especially the Balalo issue in Northern Uganda or anti-corruption initiatives including of the Anti-Corruption Coalition Uganda. Media platforms, including independent outlets and social media, enable citizens to engage in public discourse and influence policy. Restrictive regulations, such as the Non-Governmental Organizations Act, 2016, and state censorship remembering the 2021 election internet shutdown limit the effectiveness of these platforms. Thus, gagging citizens who play a vital role in legitimizing policy and justice in the nation.
The citizenry’s role in Uganda’s governance framework, as established by the 1995 Constitution, is not merely symbolic but fundamentally paramount, serving as the cornerstone of the nation’s democratic legitimacy, stability, and development. The Constitution’s design reflects a deliberate commitment to vesting sovereignty in the people, ensuring that all state authority derives from their consent and active participation. This paramountcy is evident in the citizenry’s multifaceted contributions to governance, which transcend passive support and encompass active engagement in shaping the nation’s political, social, and economic trajectory.
This is why the citizenry is an indispensable and preeminent arm of government;
Source of Constitutional Legitimacy, Article 1(1) of the 1995 Constitution unequivocally states that “all power belongs to the people” establishing the citizenry as the ultimate source of all governmental authority. This principle renders state actions, whether legislative, executive, or judicial, contingent upon the consent of the citizenry, expressed through mechanisms such as elections and referenda. Without the citizenry’s endorsement, state actions lack constitutional validity, underscoring their paramount role as the foundation of Uganda’s legal and political order. This principle aligns with Article 2, which affirms the Constitution’s supremacy and its binding nature on all authorities.
Check on Governmental Power, Articles 38 and 50 empower citizens to hold public officials accountable through voting, peaceful protests, petitions, and judicial remedies. Article 29 further guarantees freedoms of expression, assembly, and association, enabling citizens to challenge state actions that deviate from constitutional mandates. By exercising their constitutional rights, citizens safeguard the democratic principles enshrined in the National Objectives, ensuring that power remains accountable to the people. This role is paramount in maintaining the balance of power and preventing the concentration of authority in the hands of elites.
Influence on Policy and Legislation, Article 38(2) grants citizens the right to engage in peaceful activities to influence government policies, while Article 29 facilitates the formation of civil society organizations (CSOs) and media platforms to amplify citizen voices. The citizenry’s ability to drive policy change ensures that governance reflects public needs and priorities, reinforcing their paramount role in shaping Uganda’s development trajectory. This influence is critical for addressing issues such as poverty, education, and land rights, as mandated by the National Objectives and Directive Principles of State Policy.
Driving Socioeconomic Development, The National Objectives and Directive Principles of State Policy mandate that governance prioritizes socioeconomic development, with citizen participation as a key driver. Article 176’s decentralized governance structure further empowers citizens to influence local development priorities. The citizenry’s role in driving development is paramount, as it ensures that policies address grassroots needs, reducing inequalities and fulfilling the Constitution’s commitment to equitable progress, as mandated by Article 21 which provides for equality and non-discrimination.
The paramount nature of the citizenry lies in their constitutional designation as the source of all power, their role as a check on governmental authority, their influence on policy, their contribution to national unity, their protection of democratic freedoms, and their impact on socioeconomic development. These dimensions collectively underscore the citizenry’s indispensable role in upholding the 1995 Constitution’s vision of a participatory, accountable, and inclusive democracy.
In conclusion, the 1995 Constitution of the Republic of Uganda stands as a testament to the enduring power of the people, boldly proclaiming in Article 1 that “all power belongs to the people.” This foundational principle elevates the citizenry to the heart of the nation’s governance, casting them as the paramount invisible arm that breathes life into the democratic ideals of accountability, participation, and justice. Through their constitutional mandate to vote, advocate, and hold leaders accountable, Ugandan citizens embody the soul of the nation’s aspirations for a just and equitable society. Yet, the journey to fully realize this vision has been fraught with challenges which include restrictive laws, electoral shortcomings, socioeconomic barriers, and the exclusion of marginalized groups have too often rendered the citizenry an “ignored and forgotten” force.
Nevertheless, the resilience of Uganda’s people shines through in their unwavering commitment to shaping their nation’s destiny. From the historic adoption of the 1995 Constitution through a participatory Constituent Assembly to grassroots movements like the Save Mabira Forest campaign and the courageous protests of 2011 and 2021, the citizenry has consistently demonstrated its potential to drive change. The path forward lies in harnessing this potential through bold legal reforms, robust civic education, and inclusive policies that empower every citizen regardless of ethnicity, socioeconomic status, or location to claim their rightful place in governance.
By reforming restrictive laws, strengthening electoral integrity, resolving citizenship disputes, and expanding access to justice and digital platforms, Uganda can bridge the gap between constitutional ideals and lived realities. These measures will not only restore the citizenry’s prominence but also foster a vibrant, inclusive democracy where the voices of all are heard, and the will of the people prevails. As the nation looks to the future, let the citizenry rise as the true stewards of Uganda’s democratic promise, united in their shared vision for a just, prosperous, and harmonious society, faithfully upholding the spirit of the 1995 Constitution for generations to come.
Article by: Mwiine Andrew Kaggwa
Attorney General of the 20th Nkumba University Law Society, President, Nkumba University Law Research Club, Papa Lawyers Fellowship
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