Age Limit: Lawyers call for consultation, respect of demonstrators
KAMPALA. Lawyers have called for a wide consultation and participation of the people as steps are being taken to amend the Constitution to take account of the people’s views over their nature and desirability.
In the statement issued Saturday, the Uganda Law Society (ULS) says that although Parliament can singularly run through the entire process of amending Article 102 of the Constitution, in the spirit of constitutionalism the exercise must be consultative.
“Steps taken to amend the Constitution should allow for wide consultation and participation of the people, and the rights of Ugandans to peacefully assemble, to demonstrate and to express their views should be respected and protected by the police,” says Mr Francis Gimara, the ULS president.
He said that the basic principles and structure of the 1995 Constitution need to be given careful consideration in order to avoid a situation of political instability and constitutional disorder.
The lawyers’ statement comes amid tension around the country regarding the tabling of a motion seeking leave of parliament to table a bill to amend Article 102(b) which prescribes a minimum of 35 and a maximum of 75 years as the ages of eligibility to stand for election to the office of President.
According to Gimara, the debate within and outside Parliament raises several issues pertinent to the Rule of Law, constitutionalism, and the popular participation of citizens in their governance.
“…people’s civic rights to speak, participate, and influence matters of governance whether individually, or, in association with others are guaranteed by the Constitution in provisions that guarantee inter alia: personal liberty, human dignity, the freedoms of, assembly, association, and expression, plus the right to participate in the affairs of government,” says Mr Gimara.
He adds that it is evident that the rights as sought to be exercised over the current debate are not being respected and protected.
Mr Gimara blames the police for breaking up gatherings of people expressing opposition to the proposed amendment while permitting those in support of the amendment.
“We have seen the use of excessive force and, degrading treatment of citizens during arrests (and) the siege on offices of some Non-Governmental Organizations involved in good governance initiatives. These developments do not augur well for this country and our leaders are advised to have second thoughts about this approach,” he says.
