CCG Memorandum to Parliament about Protection of Sovereignty Bill 2026
The document critically analyzes the constitutionality of Uganda’s Protection of Sovereignty Bill 2026, highlighting legal violations and recommendations.
Introduction and Executive Summary
- Bill aims to protect sovereignty by regulating foreign agents and activities.
- Contends the Bill is unconstitutional, with high vulnerability to legal challenge.
- Recommends dropping several provisions, especially those granting broad ministerial powers.
- Assesses cumulative constitutional risks as very high.
Constitutional Grounds for Challenge
- Violates Article 1 (Sovereignty): transfers sovereignty from people to Minister.
- Inconsistent with National Objectives and State Policy Principles.
- Contains vague definitions (e.g., agent of foreigner, disruptive activities).
- Violates Article 29 (Freedom of Expression): criminalizes influence and opposition.
- Breaches Article 44c (Fair Hearing): allows revocation without notice or hearing.
- Violates Article 27 (Right to Privacy): warrantless searches and intrusive disclosures.
- Contradicts Article 26 (Property): forfeiture without compensation.
- Discriminates against Ugandan citizens residing abroad.
- Concentrates power in the Minister, undermining separation of powers.
- Conflicts with international obligations (ICCPR, African Charter).
- Imposes disproportionate penalties (up to 20 years imprisonment, fines).
- Lacks transitional provisions, criminalizing lawful activities from enactment.
Recommendations
- Drop provisions related to ministerial permission, vague definitions, and excessive penalties.
- Reintroduce a narrower, disclosure-based transparency regime.
- Reject the Bill in totality or amend to align with constitutional standards.
- Emphasizes protecting sovereignty through existing legal mechanisms.
READ MORE: CCG Memoradum To Parliament On Protection on Sovereignty Bill 2026
