Why Ugandans Must Totally Reject the UPDF Bill

The East African (Nairobi)
OPINION
January 5, 2004
Posted to the web January 6, 2004

By James Rwanyarare
Nairobi
Since October 8, 1995, the day the constitution was promulgated, the people of
Uganda have anxiously waited for a Uganda People's Defence Forces (UPDF) law as
stipulated in Article 210 of the Constitution.
The people's belief has been that government would live up to its
constitutional obligation and enact a law that captures the cardinal principle
of the supremacy of the sovereignty of the people and the subordinates of the
UPDF as a national military institution.
Article 210 of the Constitution obliges parliament to make laws regulating the
UPDF in particular to make provisions for the organs and structures of the
armed forces, recruitment, appointment, promotion, discipline and removal of
its members. It must also ensure that members of the force are recruited from
every district of the country.
But contrary to the provisions of Article 210, the UPDF Bill seeks to merge
clearly recognised and independent institutions and roles of the Army with
those of the police force, prisons services and private security organisations.
Under clause 4(1) (b) of the Bill, a category called Reserve Force - unknown to
the constitution - is created in the Army.
Under clause 6(1) of the Bill, the personnel of the reserve force include
ancillary forces, defined in Clause 2 of the Bill as home guards, local defence
forces and vigilantes and other citizens of Uganda that have undergone military
training under arrangements made by government.
Obliviously these citizens are those who, over the last 17 years, have been
conscripted to Chaka mchaka courses. Examples are personnel in intelligence
organisations, police force, prisons services and private security companies.
All this is reminiscent of the Movement Act, 1997, which conscripted all
Ugandans and a public institution and officers into the Movement organisation.
Under clause 29 of the Bill, the Commander-in-Chief, who is the president, can
unilaterally and single handedly order any part or the whole of the reserve
force to report for continuing full military service. Any conscript that fails
to turn up for full military service and deployment commits an offence under
clause 32 of the Bill.
Surprisingly, the terms and conditions of service of the conscripts, including
terminal benefits, are not spelt out in the Bill. Not only are these conscripts
subjected to forced labour, contrary to Article 25 (c) of the constitution,
they are also not paid for this forced labour. The net effect of the
conscription is to militarise the entire country and circumvent democratic
governance. It is a sure recipe for anarchy.
The independent institution and command structure and roles of the police
force. Prison services and intelligence organisations as set out in article 211
to 218 of the constitution, have been dispensed with and subordinate to the
army under the firm control of the commander in chief.
The Bill is an attempt to transform the NRA and other so called liberation
movements into the UPDF flies in the face of the constitution, which under
articles 263(1) abolishes the NRM and all its political and military organs.
The personalisation of what is supposed to be a professional and national army
is also reflected in the manner of appointments to senior ranks in the UPDF.
Under clause 7(2) of the Bill the commander in chief is given absolute and
unilateral powers to make the appointments without specified qualifications.
The deliberate delay in tabling the bill in parliament clearly smacks of an
orchestrated plan to provide a military framework for imposing the life
presidency of Museveni on the unwilling citizen of Uganda.
The UPC calls upon the citizens of Uganda, particularly the 7th parliament, to
reject this draconian Bill and demand a just and fair UPDF law which conforms
to the constitution.
Dr James Rwanyarare is leader of the opposition Uganda People's Congress.

   

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