Examining the effectiveness of the law on public participation in legislative processes

Abstract

This study examines the effectiveness of the law of public participation in the legislative processes of Uganda by exploring the available international laws and treaties to which Uganda is a Party that relate to public participation, and further analyses the performance of Uganda comparatively with selected jurisdictions of India, South Africa, and Kenya to draw from their good practices and to learn from their respective experiences and challenges in proposing recommendations. The study responded to four research questions namely; i) What is the evolution and historical background of the concept of public participation in legislative processes? ii) What is the origin of the concept of public participation in legislative process in Uganda? iii) What is the current constitutional and legal framework on the concept of public participation in Uganda? and iv) What possible ways can be proposed to address the inadequacies and challenges that undermine public participation in the legislative processes in Uganda? Findings resulting from the study indicated that the ambiguities and lack of clarity in international laws have undermined the commitment to public participation as well as created a laxity in creating a specific law for its address, equally affecting how matters of public interest are conducted during law making, which has contributed a diminished confidence and trust of the people in parliament, with the public withdrawing from contributing to their governance to remain silent. Unpopular policies have come into play as result of the lack of checks and balances, their lack of articulacy undermines their applicability. For a long time public participation in Uganda has remained chronologically rooted in the colonial orientations and various past regime approaches.