CRC report at a glance
It will be a boost in your wallet if a Constitutional Review Commission recommendation to scale back the size of Parliament sails through. The CRC recommends one MP per 200,000 Ugandans and that army, youth and women representation cease. If implemented, these proposals could help reduce the number of lawmakers from the current 304 (each earning Shs 64.8 million annually) to less than 120. Staff writers BADRU D. MULUMBA and CHARLES MWANGUHYA bring you a summary of the CRC report based on commission chairperson Professor Frederick Ssempebwa's speech yesterday:-
7-year ban for poll malpractice
Chapter six reviews the composition, powers, and privileges of Parliament and makes recommendations for an affordable, efficient and strong Parliament. The main recommendation is that the size of Parliament should be reduced.
The number of directly elected members to represent Constituencies should be based on a population quota of 200,000 inhabitants per constituency.
Other recommendations are that an independent Commission determine remuneration of MPs, and that candidates who are proved to have involved themselves in electoral malpractice be disqualified from standing for Parliament for a period of seven years.
It is further recommended that Special representation for the Army, Youths and Workers cease.
The Report on Findings and Recommendations is presented in twenty Chapters falling within nine sections.
Free parties
The report recommends that the multi-party system be adopted by the people through a resolution of Parliament upon a petition by the requisite number of districts covered under article 74(2) of the Constitution.
Tough on censured ministers
The Executive form of Government be retained, with clear separation of roles for the three arms of Government.
The office of the Prime Minister be established under the Constitution.
The people through a referendum should resolve a deadlock between the President and Parliament.
Ministers should not at the same time serve as elected members of Parliament. A minister in respect of whom a vote of censure has been passed should resign or else the President must revoke his/her appointment.
He/she will not be eligible for a re-appointment during the tenure of the Parliament that censured him/her and the subsequent Parliament. The process of approving appointments should be more transparent.
President, VP, must campaign together
Chapter seven reviews the Electoral Process. The other issues discussed in the chapter are: - One, whether to provide for indefinite eligibility for the post of President. The recommendation is (that this issue be referred to a decision of the people through a referendum. Two, it is recommended that the Vice-President be a running- mate of the President so that he/she is capable of taking over the office of President in the event of resignation, removal or death of his/ her boss.
Three, it is recommended that they be held on the same day and the Local Government Council elections be held on a separate day.
More power for BoU
It is recommended that the independence of the Bank of Uganda be maintained and the process of accountability be strengthened.
A bit of federo
Chapter nine on Local Government reviews the system of decentralisation and considers whether federalism should be introduced. The main recommendations are that: - the autonomy of local governments be maintained and strengthened by improving their revenue capacity and broadening the discretion to determine priorities.
- Two or more districts should be free to form a regional government. The regional government should be based on an Assembly. The regional government should have exclusive jurisdiction over matters specified in the Constitution.
It is also recommended that notwithstanding the adoption of regional governments utilisation of' resources could be rationalised by regionalising institutions of service delivery.
Kudos to UHRC
Chapter 10 is a review of the provisions for the protection of human rights. The main recommendations of the chapter are: - - A call on Parliament to implement the constitutional provisions for affirmative action including those for equal opportunities. - that the Uganda Human Rights Commission is a necessary institution. It should be strengthened to assume the additional roles of implementing equal opportunities. The proposal that the Commission be abolished and its functions transferred to the Inspectorate of Government has not been adopted.
Dual citizenship ok
Chapter eleven focuses on the issue of dual citizenship. It recommends that dual citizenship should be permitted. Dual citizenship should, however, be subject to a law enacted by Parliament.
The law should include provisions whereby a person could lose his/her Ugandan citizenship if his/her continued holding of another country's citizenship is not in the interests of Uganda.
Child rights boost
Chapter 12 examines the constitutional and legislative provisions plus the institutional mechanisms for safeguarding children's rights. The chapter recommends that the Children's Statute be broadened into a comprehensive code on children's rights.
The code should provide for structures of children's participation in civil life, protection of children in employment, and mechanisms for monitoring compliance with the laws for the protection of children.
Retain death penalty
Chapter 13, on the death penalty, recommends that the death penalty be retained and be mandatory only for crimes of: murder, aggravated robbery, kidnapping with intent to murder and defilement of minors below 15 years.
IGG stays
Chapter 14 on Constitutional bodies reviews the relationship between the Inspectorate of Government and other institutions for democracy and accountability. The chapter includes a discussion on the desirability and affordability of constitutional bodies namely, the Law Reform Commission, the Uganda Land Commission and the Local Government Finance Commission.
The chapter recommends adjustments to reduce the cost of these bodies.
The IGG should retain its functions and powers, including the power to prosecute offences of corruption and abuse of office. It is also recommended that the Inspectorate's function of stimulating awareness about the values of constitutionalism be transferred to the Uganda Human Rights Commission.
Job loss at Commissions
Chapter 15 discusses the roles of the Service Commissions with a view to delineating their functions and powers in order to reduce duplication and conflict.
The main recommendation is that the Commissions be maintained. Cost-saving measures have been proposed in the composition of the Commissions and through the establishment of a joint secretariat to service the Public Service Commission, the Health Service Commission and the Judicial Service Commission.
Land policy
Chapter 16 focuses on land management and dispute resolution mechanisms. The Government should adopt a national land policy to regulate the use of land.
More staff for judiciary
Chapter 17 considers measures to improve access to and efficiency of the Courts plus the desirability of establishing a unified judicial service by transferring administrative and support staff from the Public Service Commission to the Judicial Service Commission.
It is also recommended that a specialised department of the Inspectorate of government should exercise the function of receiving and processing people's recommendations and complaints against the Judiciary.
Money for cultural leaders
Chapter 18 reviews the role and funding of traditional or cultural institutions. The chapter also highlights the concerns of some people on the criteria for recognising the existence of Traditional Leaders. These concerns were expressed in Kasese District and in the Ankole region.
The main recommendations are that the Government should, where applicable, restore to the traditional leaders all their assets or properties so that this provides a base for their sustenance.
It is also recommended that the Government provide an endowment to form trust funds managed for sustenance of Traditional Leaders.
Local Governments of the area, over which a Traditional Leader reigns, should be free to confer benefits on the leader or the institution.
French, Swahili eat big
Chapter 19 considers the issue as to whether Uganda is ready for a National Language or a second official language. The issue is reviewed in the context of the need for nation building, national unity, promotion and maintenance of a Ugandan cultural identity plus regional and international interaction.
Kiswahili should be considered for intensive teaching and popularisation so that it can be the language of regional interaction. French should he promoted as another language which Ugandans can use internationally.
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CRC REPORT Vs CABINET
Cabinet: UHRC be abolished and its role be transferred to the IGG to cut costs.
Ssempebwa: UHRC is a historically based institution that is necessary in the protection of people's rights. The IGG is ill suited to play the role of anti-corruption agency; an Ombudsman as well as the enforcer of human rights.
Cabinet: Right to fair hearing be modified so that a person who is charged with a criminal offence be presumed innocent. Except where he is medically fit but elects to remain silent or refuses to give any explanation or defence is when the silence should be construed as admission of guilt.
Ssempebwa: Leave it to courts. They should be free to draw inferences from the accused's silence and to assess the effect of that silence together with other pieces of evidence.
Cabinet: Prompt compensation prior to compulsory acquisition of property should apply only to physical structures in permanent materials. Other property should be Compensated within a year.
Ssempebwa: There is no reason to discriminate between property owners.
Cabinet: Allow compulsory acquisition of property for investment.
Ssempebwa: The commission has not identified a necessity for this.
Cabinet: President be empowered to issue executive orders on matters relating to investment, environment and public health. The orders would become law. The reason was that the president should be enabled to take urgent action to correct situations "which, if left unattended to, could prejudice national interest".
Ssempebwa: Much as that empowerment is appropriate for executive action, the commission saw no compelling reasons to vest the executive with legislative functions that are free of control by the legislature.
Cabinet: Reduce the required professional experience of Supreme Court Judges for 15 to 10 years, and in the case of High Court Judges, from 10 to 7 years.
Ssempebwa: CRC rejected the change.
© 2004 The Monitor Publications
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