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--- Begin Message ---What is Mengo’s next move now?
--Both parties know it is parliament which has the final say
By Asuman Bisiika
The Buganda Kingdom’s demand for a federal status in Uganda will not form part of the government’s White Paper on constitutional review and reform.
The talks in which the central government engaged Mengo to discuss their federal status demand collapsed without any agreed position.
President Yoweri Museveni, who was the principal negotiator in the talks has directed the Minister for Justice and Constitutional Affairs to publish the long-awaited White Paper on constitutional review without any mutually agreed position on Mengo’s demands.
Making the impression that Mengo was not serious, Museveni said, “we are still ready to discuss with Mengo at any point when they are seriously ready”.
However, before we even go into the merits or demer its of the talks the result of which would not be binding, we need to appreciate the context in which these talks were held. Mengo thought Museveni was in a weak position to accept their demands as a trade-off for his alleged ‘third term project’. And Museveni thought ‘some arrangement’ for the Buganda kingdom would win him support for the third term.
Otherwise, other than wanting to exploit each other’s weaknesses, both sides knew that whatever deals they cut would be ratified in Parliament. So, after the collapse of the talks with the government, what options does the Buganda Kingdom have to achieve their ultimate goal of a federal status?
Although some people still argue that the president was not the right person with whom to cut a deal on Buganda’s demand for federo, Buganda’s engagement with Museveni was on the reasoning that an agreed position with him would form part of the government’s constitutional review proposals to Parliament. Museveni would then do th e donkey work to popularise the deal as was the case towards independence. Otherwise, Mengo knew that the ultimate powers to grant the kingdom a federal status lie with Parliament.
On this realisation, all is not lost for Buganda, they still have options. During parliamentary debates on the government’s White Paper on constitutional review, the entire constitution will be under review.
it should be noted that previous amendments were restricted to particular articles of the constitution.
This will offer proponents of federalism the opportunity to propose a constitutional amendment to allow for federalism or even the Buganda type of federalism called federo. But then an amendment to make Uganda a federal republic would need a lot of tact instead of the emotional approach to the ‘cutting of deals’ with the executive.
A proposal for a federal republic would have to have a strong national element as opposed to the inward-looking approach to federo. Another option is to sign a charter that would bring together all the districts of Buganda as stipulated in the 1995 Constitution now in force.
This is something Mengo diehards are opposed to, but it offers a beginning point for a full-blown federo. With the districts co-ordinating infrastructure development, it would be easier to mobilise local leaders for a full-blown federo where the Kabaka reigns over Buganda territory.
This might sound contemptous to the monarchists at Mengo. but the fact that the acceptance of a byoya byanswa kabaka (powerless ceremonial king) is now the springboard for the demand of a federal status is instructive.
Mengo diehards should realise that without the restitution of the kingdom in 1993, the debate of federo would not be at this level now. Otherwise to avoid being disappointed by the executive, Mengo would have to directly petition the ultimate fountain of popular power: Parliament.
It is surprising that in 1993, Mengo had be en contented with President Museveni’s acceptance to restore the kingdom without recourse to the constitution. With prompting from some lawyers, eventually the NRC enacted a Statute to give the restitution constitutional legitimacy.
EndsNew Vision: Friday, 17th September, 2004
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