Parliament-Watch-Bulletin_Mid-Term-Audit-2014

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A Mid Term Citizens’ Assessment of the 9th Parliament12Standard 1: Repeal all anti people, undemocratic, redundant, as well as obnoxious legislations to ensure a humane legal regimefor all citizens, Civic Organizations, Business and State InstitutionsUGMP September 2014Standard 1 is anchored on Uganda’s National Constitution in the following provisions; Article 79 (1) –of the Constitution statesthat Parliament shall have power to make laws on any matter for the peace, order, development and good governance of Uganda.Article 79(2) Parliaments shall have power to make provisions having the force of law in UgandaArticle 79(3) Parliament shall protect this Constitution and promote the democratic governance of Uganda.Article 248, which establishes the Law Reform Commission, also mandates it to submit annual reports to Parliament. Suchreports should inform parliament as to laws that need reforms, amendments or repeal to suit current democratic norms andprinciples.Constitutional & other Legalobligations of the institutionof ParliamentRating Gaps RecommendationsKey findings ofspecific actions takenby the 9 th ParliamentCitizens’ anticipated actionsfrom the 9 th Parliament• Review the Penal Code(provisions as identifiedin this report) toharmonize its currentcontroversial andobsolete legal provisionswith the NationalConstitution.POOR The following laws that are considered as impeding oncitizens rights continue to be applied:• No evidence ofaction taken by the9 th Parliament torepeal and amendthe existing lawsthat have been usedto oppress,undermine andabuse Citizensfundamental Rights1. Expected actions on Citizens’rights2. 1. To repeal, and amend all badlaws;• Unconstitutional provisions in the Penal Code Act.• Sections contained in the Interception ofCommunications Act.• Sections in the Press and Journalism Act.• Sections of Anti- Terrorism Act• Sections of the Bill of Rights that violatefundamental human rights (i.e. the death penalty).2. To promote the protectionand enjoyment of allfundamental human rights.• Timely action on reportsfrom the Constitutionalreview commission3. To entrench rule of law andpromote good governance.• Review the NGOAmendment Act 2006 toensure compliance withthe Constitution of theRepublic of Uganda, andharmony with the NGOpolicyPOOR • Repressive sections of the NGO Amendment Act 2006and its statutory regulations were neither amendednor repealed.• No evidence ofsubstantive actionstaken by the 9 thParliament toaddress the citizens’expectations.Expected action on CivicOrganizations4. Legislate on creating anenabling legal environmentfor effective and efficientfunctioning of CSOs.• More collaboration withCSOs in the formulationand strengthening themonitoring andimplementation ofhuman rights andrelated laws.5. Amend the NGO ActAmendment Acct 2006 and itsstatutory regulations.6. Collaborate with CSOs tostrengthen the monitoring ofthe implementation of humanrights and related laws.
A Mid Term Citizens’ Assessment of the 9th Parliament• Review the tax laws toinclude measures thatdirectly protect andpromote the growth oflocal SMEs.• Review the current lawsto provide for theprotection andpromotion of localinnovations, and talentGOOD • While it can be argued that the tax laws amended bythe 9 th parliament have positively impacted on theeconomy (with more foreign direct investmentsattracted in this period), majority of the new taxeshave placed a heavy tax burden on the poor as wellas small &medium size enterprises that pay up to47% of their gross margins compared to 5% of thebigger enterprises that enjoy tax exemptions• Eight laws passedi.e. Income tax(amendment) Act,2012 and; the excisetariff (amendment)Act 2012 and 2013;the east African excisemanagement(Amendment) act,2012; and the ValueAdded Tax(amendment) Acts2011, 2012 & 2013Expected actions on Business1. Review, amend and repeal theexisting laws to create anenabling environment for asmooth running of businessenterprises and local industry.2. Institute measures thatpromote and protect localinitiatives, innovations speci.alskills, talents and Art industry• Rationalize and increaseresource allocation tostate institutions.• Budget allocation to government institutions like thepublic service, prisons, judiciary etc is inadequateresulting to their inefficiency and poor service deliveryGOOD• Increase oversight andvigilance on stateinstitutions for moreeffective and efficientservice delivery• Undue influence from the executive is cited as one ofthe reasons for the inefficiencyEighteen Acts passed 12. Expected actions tostrengthen StateInstitutions• Legislate on and provideoversight towards creatingeffective and efficientfunctioning of stateinstitutions.• Appropriate budget tofacilitate and supporteffective, efficient andsustainable running of stateinstitutionsThese include: the Uganda National Bureau of Standards Act No. 10, 2010; the Capital Market Authority Act No.12 of 2011; the national population council Act, 2013; the UgandaCommunications Regulatory Authority Act, 2012; the Local governments Act 2013; the Finance Acts 2011, 2012 & 2013; the Stamps Act, 2011; the Value Added Tax Acts, 2011, 2012 & 2013;the Income Tax Acts, 2011, 2012 & 2013; the Excise Tariff Acts 2011, 2012 & 20135UGMP September 201413
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