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APPENDIX I: SELECTED ARTICLES FROM UGANDA'S CONSTITUTION (1995)

Chapter Four: Protection and Promotion of Fundamental and Other Human Rights and Freedoms

20 . (1) Fundamental rights and freedoms of the individual are inherent and not granted by the State.

(2) The rights and freedoms of the individual and groups enshrined in this Chapter shall be respected, upheld and promoted by all organs and agencies of Government and by all persons.

...

29. (1) Every person shall have the right to-

(a) freedom of speech and expression, which shall include freedom of the press and other media;

(b) freedom of thought, conscience and belief, which shall include academic freedom in institutions of learning;

(c) freedom to practise any religion and manifest such practice which shall be include the right to belong to and participate in the practices of any religious body or organisation in a manner consistent with this Constitution;

(d) freedom to assemble and to demonstrate together with others peacefully and unarmed and to petition; and

(e) freedom of association which shall include the freedom to form and join associations or unions, including trade unions and political or other civic organizations.

...

38. (1) Every Uganda citizen has the right to participate in the affairs of government, individually or through his or her representatives in accordance with law.

(2) Every Ugandan has a right to participate in peaceful activities to influence the policies of government through civic organizations.

...

Chapter Five: Representation of the People

69. (1) The people of Uganda shall have the right to choose and adopt a political system of their choice through free and fair elections or referenda.

(2) The political systems referred to in clause (1) of this article shall include-

(a) the movement political system;

(b) the multi-party political system; and

(c) any other democratic and representative political system.

70. (1) The movement political system is broad based, inclusive and non-partisan and shall conform to the following principles-

(a) participatory democracy;

(b) democracy, accountability and transparency;

(c) accessibility to all positions of leadership by all citizens;

(d) individual merit as a basis for election to political offices.

(2) Parliament may-

(a) create organs under the movement political system and define their roles; and

(b) prescribe from time to time, any other democratic principle of the movement political system, as it may consider necessary.

71. A political party in the multi-party political system shall conform to the following principles-

(a) every political party shall have a national character;

(b) membership of a political party shall not be based on sex, ethnicity, religion, or other sectional division;

(c) the internal organisation of a political party shall conform to the democratic principles enshrined in this Constitution;

(d) members of the national organs of a political party shall be regularly elected from citizens of Uganda in conformity with the provisions of paragraphs (a) and (b) of this article and with due consideration for gender;

(e) political parties shall be required by law to account for the sources and use of their funds and assets;

(f) no person shall be compelled to join a particular political party by virtue of belonging to an organisation or interest group.

72. (1) Subject to the provisions of this Constitution, the right to form political parties and any other political organisations is guaranteed.

(2) An organisation shall not operate as a political party or organisation unless it conforms to the principles laid down in this Constitution and it is registered.

(3) Parliament shall by law regulate the financing and functioning of political organisations.

73. (1) Subject to the provisions of this Constitution, but notwithstanding the provisions of paragraph (e) of clause (1) of article 29 and article 43 of this Constitution, during the period when any of the political systems provided for in this Constitution has been adopted, organisations subscribing to other political systems may exist subject to such regulations as Parliament shall by law prescribe.

(2) Regulations prescribed under this article shall not exceed what is necessary for enabling the political system adopted to operate.

74. (1) A referendum shall be held for the purpose of changing the political system-

(a) if requested by a resolution supported by more than half of all members of Parliament; or

(b) if requested by a resolution supported by the majority of the total membership of each of at least one half of all district councils; or

(c) if requested through a petition to the Electoral Commission by at least one-tenth of the registered voters from at each of at least two-thirds of the constituencies for which representatives are required to be directly elected under paragraph (a) of clause (1) of article 78 of this Constitution.

(2) The political system may also be changed by the elected representatives of the people in Parliament and district councils by resolution of Parliament supported by not less than two thirds of all members of Parliament upon a petition to it supported by not less than two thirds majority of the total membership of each of at least half of all district councils.

(3) The resolutions or petitions for the purposes of changing the political system shall be taken only in the fourth year of the term of any Parliament.

75. Parliament shall have no power to enact a law establishing a one-party state.

...

Chapter Nineteen: Transitional Provisions

269. On the commencement of this Constitution and until Parliament makes laws regulating the activities of political organisations in accordance with article 73 of this Constitution, political activities may continue except-

(a) opening and operating branch offices;

(b) holding delegates' conferences;

(c) holding public rallies;

(d) sponsoring or offering a platform to or in any way campaigning for or against a candidate for any public elections;

(e) carrying on any activities that may interfere with the movement political system for the time being in force.

270. Notwithstanding the provisions of clause (2) of article 72 of this Constitution, but subject to article 269 of this Constitution, the political parties or organisations in existence immediately before the coming into force of this Constitution shall continue to exist and operate in conformity with the provisions of this Constitution until Parliament makes laws relating to registration of political parties and organisations.

271. (1) Notwithstanding the provisions of article 69 of this Constitution, the first presidential, parliamentary, local government and other public elections after the promulgation of this Constitution shall be held under the movement political system.

(2) Two years before the expiry of the term of the first Parliament elected under this Constitution, any person shall be free to canvas for public support for a political system of his or her choice for purposes of a referendum.

(3) During the last month of the fourth year of the term of Parliament referred to in clause (2) of this article, a referendum shall be held to determine the political system the people of Uganda wish to adopt.

(4) Parliament shall enact laws to give effect to the provisions of this article.

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