The 1995 Constitution, which is the document and law of which all things are connected. The rule of law comes from the interpretation and how it is used. Therefore, the articles of the Constitution needs to be respected and adhered too. These legal stipulations should be the first that all citizens knows, because it regulates, but also gives each citizen rights.
Nevertheless, we know that in the Republic that there are certain parts that are more important than others. That the Constitution have been amended and changed to fit one person. That is just a mere fact and it is a living document. Which reflects the President and his fellow lawmakers at this point. As the amendments and other changes have indirectly changed it.
However, the 1995 Constitution is still important, as it is sets the standard. In today’s big question, as the Uganda People’s Defence Force (UPDF) aka the National Army is now stationed in Beni in a joint operation with the Congolese National Army (FARDC) to target the camps of Allied Defence Forces (ADF). That has been evident since the 30th November 2021 and they are now going on search missions to find the militia and it’s recruits.
Alas, the Constitutional questions comes in, as the 11th Parliament wasn’t informed and neither was the general public. What is striking about it… is that the Commander-in-Chief and his Army Commanders have ordered this without following the mandate of the UPDF. The UPDF have a mandate to secure the territory, help in natural disasters, foster harmony and engage in productive activities for development in the Republic. However, none of these are directly questioned that and this was paraphrasing article 209 of the Constitution.
Article 210 is about the Parliament right to regulate the UPDF, which it didn’t do in the question of entering Democratic Republic of Congo and be a part of a operation in the Beni area. Alas, the Parliament didn’t do this:
“Parliament shall make laws regulating the Uganda Peoples’ Defence Forces and, in particular, providing for— the deployment of troops outside Uganda” (Constitution 1995).
The 11th Parliament should have regulated the UPDF in deployment of troops outside Uganda. To be stationed in the DRC, South Sudan, Kenya, Tanzania or by law something the Parliament are delegated to do. The Parliament is supposed to regulate the movement and have oversight into the activity of the UPDF. That is what the Article 210(d) says.
It doesn’t say the UPDF is to brief in a press release and a statement. Heck, this is not supposed to be launched in a tweet or a moment of clarity by the spokesperson of the UPDF. No, the inner-workings of the Parliament and it’s duty is to make laws regulating the UPDF, in particular for the deployment of troops outside Uganda.
That is a very vital implication and it cannot be understated. Yes, the UPDF has the mission to secure the integrity and security of the territory. However, it is not alone in enforcing it or having a say. No, the final verdict and mission is given to the Parliament. Which in the recent mission or operation within the DRC wasn’t announced and neither was the Parliament in the loop. That is not following the law and neither acting in adherence with the Constitution. If a entity should follow the codes of law, it should be the army and the authorities, which are usually part of law enforcement who supposed to conduct itself correct. Alas, that isn’t the case…
We are seeing the value of the 1995 Constitution is dwindling and it’s worthless. When not even simple Articles like the 210(d) has any value or concern for the parties involved. The state and the State House clearly doesn’t mind or have forgotten this practice. That is clear by how the NRM and the authorities are acting. Peace.