Beyond the 1995 Constitution: Time to renew Uganda’s social contract

What the report says

The Observer published an opinion article arguing that Uganda’s 1995 Constitution, once seen as a major break from the country’s earlier constitutional crises, needs a broad national reassessment. The author frames a constitution as a continuing social contract, not just a legal document, and says legitimacy depends on state actors consistently accepting limits on their power. The piece contends that Uganda’s central question is whether repeated departures from constitutional norms have weakened public confidence in the current order.

The article points to several areas of concern. It cites Article 208 on a non-partisan, professional army subordinate to civilian authority, and says political mobilisation linked to the Patriotic League of Uganda and publicly associated with Gen. Muhoozi Kainerugaba while serving as Chief of Defence Forces has raised debate over military neutrality. It also refers to the Supreme Court ruling in Attorney General v Michael Kabaziguruka on military courts and civilians, arguing that court decisions must be implemented to sustain constitutional legitimacy.

On civil liberties, the author highlights constitutional protections against arbitrary detention and torture, while referring to reported abductions, incommunicado detention and allegations involving political figures including Erias Lukwago and Muhammad Muwanga Kivumbi. These are presented in the article as examples fuelling anxiety over whether rights are applied consistently to both government supporters and critics.

The piece proposes a Sovereign National Conference as a peaceful way to renew Uganda’s constitutional settlement, involving government, opposition, traditional and religious leaders, civil society and the private sector. It suggests Buganda and Busoga could help convene an inclusive platform, while noting that all regions should participate equally in discussions on military neutrality, judicial independence, devolution and resource governance.