How CA delegates clashed on women rights

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For generations, women in Uganda had lived under systems that treated them as second-class citizens.

They tilled the land, raised families, held communities together and carried the weight of the household economy, yet their contributions were rarely recognised in law or policy.

Many customs also denied them the right to inherit property, own land or even make decisions about their own lives.

So, when Uganda began the important work of writing a new Constitution in 1993–1995, the Constituent Assembly (CA) turned into a space where women rights had to be entrenched.

CA delegates believed the new Constitution could not leave women behind. However, even when few people expected a backlash on the matter, it turned out to be one of the most explosive debates in the Assembly.

Women delegates, supported by progressive men, rose with courage and determination against patriarchy.

“Women must be empowered through deliberate measures, otherwise, history will repeat itself,” Lira municipality delegate, Cecilia Ogwal, said.

Ogwal argued that the Constitution was not just a legal document, it was the foundation for future generations. If women were ignored, she argued, Uganda’s democracy would remain incomplete.

Ogwal’s voice on women empowerment was also amplified by former vice-president Dr Specioza Kazibwe, who said: “The everyday struggles of women, especially in rural areas, require constitutional empowerment.”

For Kazibwe, real development would never be possible unless women could own land and property in their own names. Her words challenged centuries of cultural bias and inspired the assembly to confront sensitive issues many had long avoided.

Saluting Kazibwe’s spirited fight, the Mbarara CA delegate, Dr Miria Matembe, said: “For the first time in our history, women must be recognised as equal citizens, not as appendages of men.”

Drawing from her cultural background, she added: “In Ankole, women are treated as cow dung, which when removed during the day from the kraal is easily replaced at night.”

Arguing that justice is not charity, Mbarara municipality CA delegate Winnie Byanyima, said: “Women participation in leadership should never be treated as a favour from men, but as a constitutional right. Women’s participation in decision-making is not charity, but justice.”

Describing himself as a “progressive voice”, Budadiri West CA delegate Prof. Dan Nabudere reminded delegates that the struggle for gender equality was not simply about women, it was about the future of the nation.

However, there were some opposition voices on this issue. For instance, Apac county delegate Okullo Epak argued that affirmative action would amount to “special treatment” for women at the expense of merit.

Bushenyi county delegate Yona Kanyomozi warned that giving women equal rights in marriage and property would “undermine African culture” and “destabilise” families.

Tingey county delegate Stephen Chebrot, opposed granting women land rights, claiming it would disrupt traditional systems.

Central Buganda region delegate Sulaiman Kiggundu argued that women’s demands clashed with religious and customary laws, especially on marriage and bride price.

For these men, the issue of equality was an affront to culture. Yet for the women activist, the constitution-making process had provided a Rubicon-like moment to break the patriarchy celling.

At the end of the debate, Articles 32 and 33, which guarantee women equality, were entrenched in the 1995 Constitution.

Article 78(1) (b), which reserves seats for women in Parliament to ensure their representation in decision-making and Article 21 that protects all persons from discrimination on grounds of sex, were the other provisions in the Constitution that solidified women rights.

VISION GROUP’S MAGAZINE

To commemorate the 30^th anniversary of Uganda’s Constitution promulgation, Vision Group will on October 7 publish a comprehensive magazine that highlights the milestones covered under the Constitution.

TRANSITION

When the National Resistance Army overran Kampala under the leadership of President Yoweri Museveni, the journey to transit to Constitutional rule started almost immediately, with the issuance of Legal Notice No. 1 of 1986.

The legal notice established the legal framework for the NRM government, vesting legislative powers in the National Resistance Council (NRC) and outlining the code of conduct for the NRA.

The CA, which comprised representatives elected by the people under the chairmanship of James Wapakhabulo on September 22, 1995, promulgated the Constitution, effectively replacing the one of 1967.