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Preamble
WE THE PEOPLE OF UGANDA:
Recalling our history which has been characterised by political and constitutional instability; Recognising our struggles against the forces of tyranny, oppression and exploitation; Committed to building a better future by establishing a socio-economic and political order through a popular and durable national Constitution based on the principles of unity, peace, equality, democracy, freedom, social justice and progress; Exercising our sovereign and inalienable right to determine the form of governance for our country, and having fully participated in the Constitution-making process; Noting that a Constituent Assembly was established to represent us and to debate the Draft Constitution prepared by the Uganda Constitutional Commission and to adopt and enact a Constitution for Uganda: Do hereby, in and through this constituent Assembly solemnly adopt, enact and give to ourselves and our posterity, this Constitution of the Republic of Uganda, this 22nd day of September, in the year 1995.
FOR GOD AND MY COUNTRY
National Objectives and Directive Principles of State Policy.
General
I. Implementation of objectives.
(i) The following objectives and principles shall guide all organs and agencies of the State, all citizens, organisations and other bodies and persons in applying or interpreting the Constitution or any other law and in taking and implementing any policy decisions for the establishment and promotion of a just, free and democratic society.
(ii) The President shall report to Parliament and the nation at least once a year, all steps taken to ensure the realisation of these policy objectives and principles.
Political objectives.
II. Democratic principles.
(i) The State shall be based on democratic principles which empower and encourage the active participation of all citizens at all levels in their own governance.
(ii) All the people of Uganda shall have access to leadership positions at all levels, subject to the Constitution.
(iii) The State shall be guided by the principle of decentralisation and devolution of governmental functions and powers to the people at appropriate levels where they can best manage and direct their own affairs.
(iv) The composition of Government shall be broadly representative of the national character and social diversity of the country.
(v) All political and civic associations aspiring to manage and direct public affairs shall conform to democratic principles in their internal organisations and practice.
(vi) Civic organisations shall retain their autonomy in pursuit of their declared objectives.
III. National unity and stability.
(i) All organs of State and people of Uganda shall work towards the promotion of national unity, peace and stability.
(ii) Every effort shall be made to integrate all the peoples of Uganda while at the same time recognising the existence of their ethnic, religious, ideological, political and cultural diversity.
(iii) Everything shall be done to promote a culture of cooperation, understanding, appreciation, tolerance and respect for each other's customs, traditions and beliefs.
(iv) There shall be established and nurtured institutions and procedures for the resolution of conflicts fairly and peacefully.
(v) The State shall provide a peaceful, secure and stable political environment which is necessary for economic development.
IV. National sovereignty, independence and territorial integrity.
(i) The State and citizens of Uganda shall at all times defend the independence, sovereignty and territorial integrity of Uganda.
(ii) The State and citizens of Uganda shall endeavour to build national strength in political, economic and social spheres to avoid undue dependence on other countries and institutions.
(iii) The State shall endeavour to mobilise, organise and empower the Ugandan people to build independent and sustainable foundations for the development of Uganda.
Protection and promotion of fundamental and other human rights and freedoms.
V. Fundamental and other human rights and freedoms.
(i) The State shall guarantee and respect institutions which are charged by the State with responsibility for protecting and promoting human rights by providing them with adequate resources to function effectively.
(ii) The State shall guarantee and respect the independence of nongovernmental organisations which protect and promote human rights.
VI. Gender balance and fair representation of marginalised groups.
The State shall ensure gender balance and fair representation of marginalised groups on all constitutional and other bodies.
VII. Protection of the aged.
The State shall make reasonable provision for the welfare and maintenance of the aged.
VIII. Provision of adequate resources for organs of government.
The distribution of powers and functions as well as checks and balances provided for in the Constitution among various organs and institutions of government shall be supported through the provision of adequate resources for their effective functioning at all levels.
IX. The right to development.
In order to facilitate rapid and equitable development, the State shall encourage private initiative and self-reliance.
X. Role of the people in development.
The State shall take all necessary steps to involve the people in the formulation and implementation of development plans and programmes which affect them.
XI. Role of the State in development.
(i) The State shall give the highest priority to the enactment of legislation establishing measures that protect and enhance the right of the people to equal opportunities in development.
(ii) The State shall stimulate agricultural, industrial, technological and scientific development by adopting appropriate policies and the enactment of enabling legislation.
(iii) In furtherance of social justice, the State may regulate the acquisition, ownership, use and disposition of land and other property, in accordance with the Constitution.
XII. Balanced and equitable development.
(i) The State shall adopt an integrated and coordinated planning approach.
(ii) The State shall take necessary measures to bring about balanced development of the different areas of Uganda and between the rural and urban areas.
(iii) The State shall take special measures in favour of the development of the least developed areas.
XIII. Protection of natural resources.
The State shall protect important natural resources, including land, water, wetlands, minerals, oil, fauna and flora on behalf of the people of Uganda.
Social and economic objectives.
XIV. General social and economic objectives.
The State shall endeavour to fulfill the fundamental rights of all Ugandans to social justice and economic development and shall, in particular, ensure that—
(a) all developmental efforts are directed at ensuring the maximum social and cultural well-being of the people; and
(b) all Ugandans enjoy rights and opportunities and access to education, health services, clean and safe water, work, decent shelter, adequate clothing, food security and pension and retirement benefits.
XV. Recognition of the role of women in society.
The State shall recognise the significant role that women play in society.
XVI. Recognition of the dignity of persons with disabilities.
Society and the State shall recognise the right of persons with disabilities to respect and human dignity.
XVII. Recreation and sports.
The State shall promote recreation and sports for the citizens of Uganda.
XVIII. Educational objectives.
(i) The State shall promote free and compulsory basic education.
(ii) The State shall take appropriate measures to afford every citizen equal opportunity to attain the highest educational standard possible.
(iii) Individuals, religious bodies and other nongovernmental organisations shall be free to found and operate educational institutions if they comply with the general educational policy of the country and maintain national standards.
XIX. Protection of the family.
The family is the natural and basic unit of society and is entitled to protection by society and the State.
XX. Medical services.
The State shall take all practical measures to ensure the provision of basic medical services to the population.
XXI. Clean and safe water.
The State shall take all practical measures to promote a good water management system at all levels.
XXII. Food security and nutrition.
The State shall—
(a) take appropriate steps to encourage people to grow and store adequate food;
(b) establish national food reserves; and
(c) encourage and promote proper nutrition through mass education and other appropriate means in order to build a healthy State.
XXIII. Natural disasters.
The State shall institute an effective machinery for dealing with any hazard or disaster arising out of natural calamities or any situation resulting in general displacement of people or serious disruption of their normal life.
Cultural objectives.
XXIV. Cultural objectives.
Cultural and customary values which are consistent with fundamental rights and freedoms, human dignity, democracy and with the Constitution may be developed and incorporated in aspects of Ugandan life.
The State shall—
(a) promote and preserve those cultural values and practices which enhance the dignity and well-being of Ugandans;
(b) encourage the development, preservation and enrichment of all Ugandan languages;
(c) promote the development of a sign language for the deaf; and
(d) encourage the development of a national language or languages.
XXV. Preservation of public property and heritage.
The State and citizens shall endeavour to preserve and protect and generally promote the culture of preservation of public property and Uganda’s heritage.
Accountability.
XXVI. Accountability.
(i) All public offices shall be held in trust for the people.
(ii) All persons placed in positions of leadership and responsibility shall, in their work, be answerable to the people.
(iii) All lawful measures shall be taken to expose, combat and eradicate corruption and abuse or misuse of power by those holding political and other public offices.
The environment.
XXVII. The environment.
(i) The State shall promote sustainable development and public awareness of the need to manage land, air and water resources in a balanced and sustainable manner for the present and future generations.
(ii) The utilisation of the natural resources of Uganda shall be managed in such a way as to meet the development and environmental needs of present and future generations of Ugandans; and, in particular, the State shall take all possible measures to prevent or minimise damage and destruction to land, air and water resources resulting from pollution or other causes.
(iii) The State shall promote and implement energy policies that will ensure that people’s basic needs and those of environmental preservation are met.
(iv) The State, including local governments, shall— - (a) create and develop parks, reserves and recreation areas and ensure the conservation of natural resources; - (b) promote the rational use of natural resources so as to safeguard and protect the biodiversity of Uganda.
Foreign policy objectives.
XXVIII. Foreign policy objectives.
(i) The foreign policy of Uganda shall be based on the principles of— - (a) promotion of the national interest of Uganda; - (b) respect for international law and treaty obligations; - (c) peaceful coexistence and nonalignment; - (d) settlement of international disputes by peaceful means;
(e) opposition to all forms of domination, racism and other forms of oppression and exploitation.
(ii) Uganda shall actively participate in international and regional organisations that stand for peace and for the well-being and progress of humanity.
(iii) The State shall promote regional and pan-African cultural, economic and political cooperation and integration.
Duties of a citizen.
XXIX. Duties of a citizen.
The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations; and, accordingly, it shall be the duty of every citizen—
- (a) to be patriotic and loyal to Uganda and to promote its well-being;
- (b) to engage in gainful work for the good of that citizen, the family and the common good and to contribute to national development;
- (c) to contribute to the well-being of the community where that citizen lives;
- (d) to promote responsible parenthood;
- (e) to foster national unity and live in harmony with others;
- (f) to promote democracy and the rule of law; and
- (g) to acquaint himself or herself with the provisions of the Constitution and to uphold and defend the Constitution and the law.
Chapters
Chapter 1
The Constitution
1. Sovereignty of the people
(1) All power belongs to the people who shall exercise their sovereignty in accordance with this Constitution.
(2) Without limiting the effect of clause (1) of this article, all authority in the State emanates from the people of Uganda; and the people shall be governed through their will and consent.
(3) All power and authority of Government and its organs derive from this Constitution, which in turn derives its authority from the people who consent to be governed in accordance with this Constitution.
(4) The people shall express their will and consent on who shall govern them and how they should be governed, through regular, free and fair elections of their representatives or through referenda.
2. Supremacy of the Constitution
(1) This Constitution is the supreme law of Uganda and shall have binding force on all authorities and persons throughout Uganda.
(2) If any other law or any custom is inconsistent with any of the provisions of this Constitution, the Constitution shall prevail, and that other law or custom shall, to the extent of the inconsistency, be void.
3. Defence of the Constitution
(1) It is prohibited for any person or group of persons to take or retain control of the Government of Uganda, except in accordance with the provisions of this Constitution.
(2) Any person who, singly or in concert with others, by any violent or other unlawful means, suspends, overthrows, abrogates or amends this Constitution or any part of it or attempts to do any such act, commits the offence of treason and shall be punished according to law.
(3) This Constitution shall not lose its force and effect even where its observance is interrupted by a government established by the force of arms; and in any case, as soon as the people recover their liberty, its observance shall be reestablished and all persons who have taken part in any rebellion or other activity which resulted in the interruption of the observance shall be tried in accordance with this Constitution and other laws consistent with it.
(4) All citizens of Uganda shall have the right and duty at all times—
(a) to defend this Constitution and, in particular, to resist any person or group of persons seeking to overthrow the established constitutional order; and
(b) to do all in their power to restore this Constitution after it has been suspended, overthrown, abrogated or amended contrary to its provisions.
(5) Any person or group of persons who, as required by clause (4) of this article, resists the suspension, overthrow, abrogation or amendment of this Constitution commits no offence.
(6) Where a person referred to in clause (5) of this article is punished for any act done under that clause, the punishment shall, on the restoration of this Constitution, be considered void from the time it was imposed, and that person shall be taken to be absolved from all liabilities arising out of the punishment.
4. Promotion of public awareness of the Constitution.
The State shall promote public awareness of this Constitution by—
(a) translating it into Ugandan languages and disseminating it as widely as possible; and
(b) providing for the teaching of the Constitution in all educational institutions and armed forces training institutions and regularly transmitting and publishing programmes through the media generally.
Chapter 2
The Republic
Chapter 3
Citizenship
- Citizens of Uganda
- Citizenship by birth
- Foundlings and adopted children
- Citizenship by registration
- Citizenship by naturalisation
- Citizenship by naturalisation
- Prohibition of dual citizenship
- National Citizenship and Immigration Board
- Duties of a citizen
- Registration of births, marriages and deaths
- Citizenship of a parent dying before the birth of a person
Chapter 4
Protection and promotion of fundamental and other human rights and freedoms
- Fundamental and other human rights and freedoms
- Equality and freedom from discrimination
- Protection of right to life
- Protection of personal liberty
- Respect for human dignity and protection from inhuman treatment
- Protection from slavery, servitude and forced labour
- Protection from deprivation of property
- Right to privacy of person, home and other property
- Right to a fair hearing
- Protection of freedom of conscience, expression, movement, religion, assembly and association
- Right to education
- Rights of the family
- Affirmative action in favour of marginalised groups
- Rights of women
- Rights of children
- Rights of persons with disabilities
- Protection of rights of minorities
- Right to culture and similar rights
- Civic rights and activities
- Right to a clean and healthy environment
- Economic rights
- Right of access to information
- Right to just and fair treatment in administrative decisions
- General limitation on fundamental and other human rights and freedoms
- Prohibition of derogation from particular human rights and freedoms
- Human rights and freedoms additional to other rights
Human rights and freedoms during a state of emergency
- Effect of laws enacted for a state of emergency
- Detention under emergency laws
- Review by the Uganda Human Rights Commission
- Report to Parliament
Enforcement of rights and freedoms by courts
Uganda Human Rights Commission
- Uganda Human Rights Commission
- Functions of the Human Rights Commission
- Powers of the commission
- Independence of the commission
- Expenses of the commission
- Removal of commissioners
- Staff of the commission
- Parliament to make laws regarding functions of the commission
Chapter 5
Right to vote
Electoral Commission
- Electoral Commission
- Functions of the Electoral Commission
- Independence of the commission
- Appeals from decisions of the commission
- Staff of the commission
- Expenses of the commission
- Organisation of elections
- Voting at elections and referenda
Political systems
- Political systems
- Movement political system
- Multiparty political system
- Right to form political organisations
- Regulations of political organisations
- Change of political systems by referenda or elections
- Prohibition of one-party State
- Parliament to enact laws on elections
Chapter 6: The Legislature
Establishment, composition and functions of Parliament
- Parliament of Uganda
- Composition of Parliament
- Functions of Parliament
- Qualifications and disqualifications of members of Parliament
- Election of members of Parliament
- Speaker and Deputy Speaker of Parliament
- Tenure of office of members of Parliament
- Right of recall
- Emoluments of members of Parliament
- Determination of questions of membership
- Clerk to Parliament and other staff
Procedure of Parliament
- Quorum of Parliament
- Voting in Parliament
- Committees of Parliament
- Exercise of legislative powers
- Restriction on retrospective legislation
- Rules of procedure in Parliament
- Sessions of Parliament
General
Chapter 7: The Executive
The President
- President of Uganda
- Executive authority of Uganda
- Notification of the absence of the President from Uganda
- Presidential addresses
- Qualifications of the President
- Election of the President
- Challenging a presidential election
- Tenure of office of a President
- Terms and conditions of service of the President
- Removal of the President
- Vice President
- Absence of the President
- State of emergency
The Cabinet
- The Cabinet
- Meetings of the Cabinet
- Cabinet Ministers
- Other Ministers
- Oath of Minister
- Vacation of office of Minister
- Responsibility of Ministers
- Vote of censure
- Attorney General
Director of Public Prosecutions
Prerogative of mercy
International relations
Declaration of a state of war
National Planning Authority
Chapter 8: The Judiciary
Administration of justice
- Exercise of judicial power
- Participation of the people in the administration of justice
- Independence of the judiciary
The courts of judicature
The Supreme Court of Uganda
- Supreme Court of Uganda
- Composition of the Supreme Court
- Jurisdiction of the Supreme Court
- Administrative functions of the Chief Justice
The Court of Appeal of Uganda
- Court of Appeal of Uganda
- Composition of the Court of Appeal
- Administrative functions of the Deputy Chief Justice
The constitutional court
The High Court of Uganda 138. High Court of Uganda 139. Jurisdiction of the High Court 140. Hearing of election cases 141. Administrative functions of the Principal Judge
Appointments, qualifications and tenure of office of judicial officers
- Appointment of judicial officers
- Qualifications for appointment of judicial officers
- Tenure of office of judicial officers
- Registrars
Judicial Service Commission
- Judicial Service Commission
- Functions of the Judicial Service Commission
- Appointment of other judicial officers
- Judicial oath
- Power to make laws relating to the judiciary
- Interpretation
Chapter 9: Finance
General
- Taxation
- Consolidated Fund
- Withdrawal from the Consolidated Fund
- Financial year estimates
- Appropriation Bill
- Contingencies Fund
- Offices the remuneration of which is charged on the Consolidated Fund
- Power of Government to borrow or lend
- Public debt
Central Bank of Uganda
Auditor General
Chapter 10: The Public Service
Public Service Commission
Education Service Commission
Health Service Commission
General 171. Establishment of offices 172. Appointment of public officers 173. Protection of public officers 174. Permanent Secretaries 175. Interpretation
Chapter 11 : Local Government
Principles and structures of local government
- Local government system
- Districts of Uganda
- Cooperation among districts
- Boundaries of local government units
- Local government councils
- Elections of local government councils
- Revocation of mandate
- District chairperson
- Speaker of a district council
- Removal of a district chairperson and speaker
- District executive committee
- Vacation of office of member of district executive committee
- Chief administrative officer
- Functions of the Government and district councils
Finances of local governments
- Planning
- Power to levy and appropriate taxes
- Collection of taxes by local government
- Grants to local governments
- Local Government Finance Commission
- Loans and grants
- Accountability
- Financial autonomy of urban authorities
District service commissions
General 201. Exercise of administrative functions 202. Takeover of district administration by the President 203. Resident district commissioner 204. Terms and conditions of service 205. Prohibition of holding political offices concurrently 206. Parliament to make laws regarding local government 207. Interpretation
Chapter 12: Defence And National Security
Uganda Peoples’ Defence Forces
- Uganda Peoples’ Defence Forces
- Functions of the defence forces
- Parliament to regulate the Uganda Peoples’ Defence Forces
Uganda Police Force
- Uganda Police Force
- Functions of the Uganda Police Force
- Command of the Uganda Police Force
- Parliament to regulate the Uganda Police Force
Uganda Prisons Service 215. Uganda Prisons Service 216. Commissioner and Deputy Commissioner of Prisons 217. Parliament to regulate the Uganda Prisons Service
Intelligence services
National Security Council
General
- Security organisations to observe human rights
- Parliament to regulate possession and use of firearms and ammunition
Chapter 13
Inspectorate of Government
- Inspectorate of Government
- Removal of Inspector General and Deputy Inspector General
- Functions of inspectorate
- Jurisdiction of inspectorate
- Independence of inspectorate
- Branches of inspectorate
- Resources of inspectorate
- Special powers of inspectorate
- Reports of inspectorate
- Powers of Parliament regarding inspectorate
Chapter 14
Leadership Code of Conduct
Chapter 15: Land and Environment.
Land.
Uganda Land Commission
District land boards
General 242. Land use 243. Land tribunals 244. Minerals
Environment
Chapter 16
Institution of Traditional or Cultural Leaders.
Chapter 17
General and Miscellaneous
- Administration of estates
- Law Reform Commission
- Disaster Preparedness and Management Commission
- Legal proceedings by or against the Government
- Performance of functions of commissions and authorities
- Resignations
- Reappointments and concurrent appointments
- Pension
- Right of citizens to demand referenda
- Manner of administering oaths
- Interpretation
- Ratification of certain acts relating to the procedure of Parliament
Chapter Eighteen
Amendment of the Constitution
- Amendment of the Constitution
- Amendments requiring a referendum
- Amendments requiring approval by district councils
- Amendments by Parliament
- Certificate of compliance
Chapter Nineteen
Transitional Provisions
- Transitional Government
- Particular functions of transitional Government
- Existing courts of judicature
- Existing offices of judges
- Interim membership of Court of Appeal
- Existing offices
- Regulation of political organisations
- Existing political parties or organisations
- First elections
- Appointment to certain offices
- Existing law
- Modification of existing law by first President
- Enactments not yet in force
- Provisions regarding urban authorities
- Existing commissions and committees of inquiry except for commissions and committees of inquiry whose work would still be going on at the time the repeal takes effect
- Oaths deemed to have been taken
- Pending matters
- Proceedings pending before courts
- Prerogative of mercy re cases before constitution
- Devolution of rights and liabilities
- Succession to property
- Succession to contracts
- Revocation of statutory leases to urban authorities
- International agreements, treaties and conventions
- Repeal of 1967 Constitution and Legal Notice No. 1 of 1986
- Term of current Parliament to end with term of the President
- Transitional provision
- Five year term of local government councils not to apply to existing councils
- Modification of laws
- Preservation of rights in respect of existing offices
- Existing constituencies
- Movement organs continued