Uganda, Burundi plans to review constitutions alarm the EAC
Supporters of opposition leader Agathon Rwasa welcome him back from exile last year. Opposition parties in Burundi are operating under very difficult conditions. Photo/FILE
What you need to know:
From Kigali to Kampala, strong voices are warning that unless the region musters the will to stick to constitutional discipline, economic integration on which current co-operation is based may not stand the test of time.
Reliance on partner states to implement the goal requires mutual trust and a uniform legal framework to allow the federation to survive. This is slowly being eroded by unconstitutional political developments in each state.
Plans by a section of Uganda legislators and another by Burundi’s government to make constitutional amendments that entrench incumbency are causing anxiety across the region about the viability of the proposed East African federation.
Observers are warning that the current moves by Uganda and Burundi to alter the constitutional and democratic agenda will create a political mismatch that could undermine recent gains in economic integration.
From Kigali to Kampala, strong voices are warning that unless the region musters the will to stick to constitutional discipline, economic integration on which current co-operation is based may not stand the test of time.
Chris Opoka, Uganda’s delegate to EALA says the lack of uniform political systems makes it difficult to achieve a full federation within the stipulated time frame and the current developments leave room for suspicion.
“The implementation of the federation goals is dependent on the partner states, unlike in the past where there were authorities, bodies or corporations to implement the goals, now it is dependent on individual states,” he said.
The reliance on partner states to implement the goal requires mutual trust and a uniform legal framework to allow the federation to survive. This, Mr Opoka said, is slowly being eroded by unconstitutional political developments in each state.
“It is unfortunate that we do not have similar systems, which makes it difficult to achieve the federation. This development leaves room for suspicion, which is the biggest enemy to the federation. We have not learnt from history. Similar development in the 1960s culminated in a military government in Uganda and collapse of the community a few years later,” said Mr Opoka.
Burundi is on tension following a parting of ways between the ruling coalition partners over fears that President Pierre Nkurunziza is seeking a third term.
The developments, according to observers, suggest a drift away from Constitutionalism, one of the pillars required to hold the political federation, planned for 2015 and also seen as a necessary foundation for the economic goals.
A General Election in Burundi is planned for 2015 and in Uganda in February 2016. The challenge moving forward for Burundi would be to see that all stakeholders agree on the electoral processes and agree to the outcome of the elections.
President Nkurunziza is constitutionally supposed to stay out of the 2015 elections but some CNDD-FDD supporters argue that the president was elected by the National Assembly in 2005 and not by universal suffrage, and that he can thus run for another term in 2015.
Opposition parties accuse the government of unilaterally pushing for changes that would strengthen the executive and upset the delicate balance of power — between the country’s Hutu majority and Tutsi minority — enshrined in the Arusha Peace and Reconciliation Agreement for Burundi, signed in 2000.
Abdulkarim Harelimana, EALA Rwanda representative, said the legitimacy and sustainability of the East African political federation will depend on the extent to which economic development is achieved.
“What is critical for a successful federation is a positive environment characterised by among other factors, a strong political will, commitment and the existence of viable regional structures,” said Mr Harelimana in a paper he presented in Arusha last year on the future of the EAC.
In Uganda, a group of MPs are working with Nakifuma County Member of Parliament Robert Kafeero Ssekitoleko on a proposal for an extension of the election date to 2021.
The proposal might require a Constitutional amendment. Article 77(4) of the Constitution says Parliament can only be extended where there exists a state of war or emergency which would prevent a normal election from being held. The government has, however, distanced itself from the manoeuvre. Opposition in Uganda said this will be an overthrow of the constitution.
Uganda legislator Ssebuliba Mutumba said that the current political developments, if allowed to flourish, could completely derail the integration process.
“If you look at it holistically, you many think the EAC will hold, but if you reduce it to individual countries, there is nothing much in place. Countries like Uganda are always shifting goal posts.
If we don’t tackle individual country challenges, then we are looking at a paper tiger that will go to the dustbin. The countries are drifting away; the EAC is on a slippery road,” he said.
EAC minister Shem Bageine said political players in Burundi need to focus on the agreed reforms. The minister said that the current political development could slow down the economic process but not derail it. “We have been operating at different levels, but this does not stop us from implementing the targets,” he said.
On Uganda, the minister said, “The issue of extending the current term of political leader is speculative and we are not going to allow it. We respect our Constitution and we will not allow it.”
To solve the challenges, the minister say there is a process in place to develop a single EAC Constitution.
