§ 38. Mr. Wallasked the Secretary of State for the Colonies if he will make a statement on the progress achieved at the Uganda Constitutional Conference.
§ 43. Mr. Stonehouseasked the Secretary of State for the Colonies if he will make a statement on the results of the Uganda Constitutional Conference.
§ Mr. MaudlingFollowing is a summary of the conclusions reached at the Conference:
Independence and Commonwealth Membership
The Conference confirmed the provisional agreement reached at the Uganda Constitutional Conference, 1961, that Uganda should attain independence on 9th October, 1962.All the Uganda representatives joined in expressing the wish that on attaining independence Uganda should be accepted as a member country of the Commonwealth. They were also united in desiring that after independence Uganda should continue in allegiance to Her Majesty the Queen as Queen of Uganda. The 25W United Kingdom Delegation readily undertook to support with the other members of the Commonwealth Uganda's application for acceptance as a fellow-member.The Independence Constitution
The main task of the Constitutional Committee was to reach agreement on the provisions of a Constitution for Uganda after independence. Points which were given particular consideration included:—boundary changes; fundamental human rights; head of State; specially elected members of the National Assembly; use of emergency powers; appointment of an Electoral Commission; the prerogative of mercy; the High Court of Uganda; appeals to the Privy Council; the means by which Parliament may amend the Constitution; the public service and the police force.Fiscal Matters
The Fiscal Committee considered and recommended to the Conference what should be the fiscal relationships between the Central Government and other Authorities in Uganda after independence. In so doing the Conference concentrated in particular upon those recommendations of the (Hicks-Tress) Fiscal Commission which had substantial constitutional implications: many of the Fiscal Commission's recommendations did not require consideration by the Conference, either because they had no constitutional significance or because they concerned administration rather than policy or because they simply confirmed agreement reached at the 1961 Conference. Full details of the recommendations will be published in the Conference Report.Citizenship
The Constitution will create a citizenship of Uganda. It will contain provisions dealing with the following aspects of this subject:—persons automatically acquiring Uganda Citizenship on Independence; entitlement to citizenship of Uganda by registration; acquisition of Uganda Citizenship by birth after independence; acquisition of Uganda Citizenship by married women; dual citizenship.The Kingdoms
The Agreements between Her Majesty and the Rulers of the Kingdoms will cease to have effect at independence. In the case of Buganda, the Kingdom Constitution is already annexed to the Uganda Constitution.In the cases of Ankole, Bunyoro and Toro, the Conference agreed that a number of additional provisions about the relationship between these Kingdoms and the Central Government should be included in the Constitution. These provisions fall into five groups—(i) those relating to the domestic institutions of the three Kingdoms that will be inserted in the Constitution; (ii) the method of amending those provisions; (iii) the extent of the legislative powers of the Kingdoms; (iv) the provisions of the Constitution as to relations between the Central Government and the Kingdoms that should be entrenched; (v) the method of amending those provisions.Busoga will be treated in the same way as the Kingdoms of Ankole, Bunyoro and Toro 26W and will be known as the Territory of Busoga. The provisions to be inserted in the Constitution for the domestic institutions of Busoga will be agreed between the Uganda Government and the Government of the Territory.Public Order and Police Powers
The Central Government will have full authority for public safety and public order throughout Uganda. There will be a Kabaka's Police Force which will be complementary to and will co-operate with the Uganda Police Force, in Buganda. The Inspector General of Police will be responsible for the command and co-ordination of all police activities throughout Uganda and (except in so far as the responsible Minister of the Central Government may give him general directions of policy in the interests of public security and public order throughout Uganda) his control of their operations will be unfettered.The Constitution will provide that there will be police forces for the Kingdoms of Ankole, Bunyoro and Toro that will have such composition, powers and functions as are provided by a law of the Uganda Parliament.The Lost Counties
27WThe Secretary of State informed the Conference that, to his great regret, it had not proved possible to achieve by negotiation an agreed solution to this long-standing and intractable problem. Nevertheless, matters could be left as they now stood. It therefore fell to him, in the absence of agreement between the Kingdoms of Buganda and Bunyoro, to take a decision: and after much careful thought he had reached the conclusion that the right course was as follows—
- (a) there would be no immediate transfer of territory;
- (b) the administration of the two counties of Buyaga and Bugangazzi would be transferred to the Central Government;
- (c) after not less than two years from the date of transfer the National Assembly of Uganda would decide upon a date for referendum in these two counties in which the electorate would be asked to express their preference between the following choices—
- (i) to be part of Buganda with the administration of the area reverting to the Kabaka's Government;
- (ii) to be part of Bunyoro with the administration of the area passing to the Government of Bunyoro; or
- (iii) to be a new District, remaining under the administration of the Central Government;
- (d) the future of the two counties would then finally be determined on the basis of the views expressed in the referendum.
The Prime Minister of Uganda undertook on behalf of the Uganda Government to accept the responsibility for the administration of the two counties which the statement by the Secretary of State required
§ 42. Mr. G. Thomsonasked the Secretary of State for the Colonies if he will give details of the arrangements for the central administration of the two lost countries of Bunyoro agreed at the Uganda Constitutional Conference, particularly in respect to the provision of police and the appointment of chiefs.
§ Mr. MaudlingThe Governor is working out these details in consultation with the Uganda Government and the other authorities concerned.