Law lecturer, Dr. Busingye Kabumba has launched a scathing
attack on the 1995 constitution describing it as a book of lies.
Kabumba, who teaches Constitutional, International, Administrative
Law and Jurisprudence at Makerere University’s Law School has held a firm opinion
that the 1995 Constitution is essentially an illusion.
His latest criticism of the constitution is
part of his considered opinion that what is written and promised in the Constitution
that has severally amended stands in contrast with the actual practice whether
in the Judiciary, Legislature Parliament and the Executive.
Kabumba, who is attached
to the to the Human Rights and Peace Centre avers that the “lies” being told about the
constitution and constitutionalism especially by high-ranking public officials, are endangering the
nation and threaten the foundations of democracy.
“I actually
think the constitution tells a lot of lies. From Article One all power belong
to people, but Ugandans know in this Uganda that is not quite the truth. Article
two the constitution is supreme law. We know the supreme,” stated Kabumba at a
recent dialogue on human rights and constitutionalism.
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He says like people who tell lies, the Constitution of Uganda
tells lies probably for the purposes of keeping peace.
“To keep hope alive, to
postpone the war for another twenty to thirty years. Our constitution does tell
very many lies from the very first article to very fundamental things it says
to certain fundamental assumptions it makes about popular justice, about
democracy, about sovereignty in very many ways and in many instances” he
stated.
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He further states that while article 22 of the same constitution
states that no life shall be taken intentionally except convicted of serious crime
confirmed by the highest appellate court, there have been killings without
following that process.
Kabumba Busingye and other human rights activists tend to cite the
November 2020 killing of 54 opposition supporters and the killings in Kasese
between November 26 and 27, 2016. President Museveni has always insisted that
no extra judicial killings can happen in Uganda under his watch.
He says the lies under article 22 have now been copied by
some elements in the society who tend to resort to mob justice as mean of resolving
disputes.
“Steal a phone or something maybe worth twenty thousand
shillings you will die. You will be lynched. So we tell lies to ourselves. We
tell lies about who we are. It is not only lies told at national level. There
are also lies told at societal level” he said.
Abusive Constitutionalism?
Asked whether there is a distinction between the constitution
and constitutionalism, Kabumba answered that ideally, one presupposes the other.
“And the absence of one might also explain the absence of the other. So constitutionalism
is the practice of living up to the constitution that you made for your selves”
explained Kabumba.
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Kabumba Busingye He argues that the process leading to the writing of the 1995
constitution was also flawed. “So the document the document that comes out even
the preamble we the people of Uganda. That itself was is a lie” he restated.
He argues that the idea that the constitution was made by
Ugandans is worse than manufactured consent.
“It was forced. It was coercion. So I those circumstances, it
is not surprising that we have a document that tells lies. The process was problematic.
It is a fruit of poisonous tree”
He further states that at times, one can be abused by having a
constitution that is really designed to keep you in check.
“It has come to a
point where we fear elections. In other words, perhaps we need to start with
those fundamental questions. What is this document? Does it tell the truth?”
he suggested.
Is there Hope?
Dr. Busingye suggests that the hope is with the young Ugandans
and the likes of Isaac Ssemakadde , the
Uganda Laws Society President who are standing up to stare the lie in the face.
“The hope is with that gentlemen who is not very popular in
this room. Isaac Ssemakade. The hope is in those people who have the gusts. Of course
they may say bad word here and there. Of course that is terrible. We condemn it
but those who are condemning it with very nice statement are quiet about
Justice Kisakye. Are quiet about everyday substantial violations” he said
“The hope is with those Ugandans who are willing to remove the ties and courts.
Maybe even all their clothes when the occasion demands it and speak truth to
power”
Justice Esther Mayambala Kisaakye, of the Supreme Court of
Uganda fled the country fearing that some individuals were after her life.
Isaac Ssemakadde was recently elected as the new Uganda Law
Society President. He continues turning tables in the judiciary
demanding that the Chief Justice and his leadership to restore the integrity of
Uganda’s legal system.
Human rights activists says that the time between 1995 when the constitution was enacted and now have demonstrated that the promises or the aspirations in the supreme of the land have fallen short.
Sarah
Kihika Kasande, a lawyer and the Head of Office of the International Center for
Transitional Justice (ICTJ) in Uganda says Uganda has fallen short of living up
a breathing aspirations in the 1995 constitution.
“Whether it is through the manipulation
of the constitution for political gain, whether it is again the very
institutions that were meant to be accountable, independent and adhere to the
rule of law” she said.
Kihika
Kasande noted that some of the institutions meant to protect the rights of
Ugandan have moved away from those roles and become instruments of repression
and have usurped the sovereignty and power of the people.
“I agree that we are
not at yet another critical juncture. The key elements that made the
constitution strong at the time have now been removed”
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