Explain the constitutional development that took place between 1971 and 1979 during Amin's government in Uganda.

During Idi Amin's rule in Uganda from 1971 to 1979, there were significant changes to the country's constitution. Amin came to power through a military coup in 1971 and immediately suspended the existing constitution. He established a military government and ruled by decree, effectively bypassing any constitutional limitations on his power.

In 1972, Amin declared himself President for Life and abolished the constitution altogether. He centralized power in his own hands and ruled through a combination of military force and intimidation. Amin's regime was characterized by widespread human rights abuses, including political repression, extrajudicial killings, and the expulsion of ethnic minorities.

Despite the lack of a formal constitution, Amin did make some attempts to establish a legal framework for his rule. In 1973, he promulgated the "Public Order and Security Act," which gave the government broad powers to suppress dissent and maintain public order. However, these laws were often used to target political opponents and suppress any form of opposition to Amin's rule.

Overall, the constitutional development during Amin's government in Uganda was marked by the erosion of democratic institutions and the concentration of power in the hands of a dictator. Amin's disregard for the rule of law and his brutal repression of dissent ultimately led to his downfall in 1979 when he was overthrown by a coalition of Ugandan exiles and Tanzanian forces.

971-1979 IDI AMIN DADA’S GOVERNMENT
Brief back ground about Idi Amin dada.
Who was Idi Amin?
President Idi Amin Dada was a Ugandan military officer who seized power in a military coup in 1971 and ruled Uganda as it’s third president until 1979. He was born on 1925in Koboko, in northwestern part of Uganda, he was born to kakwa father and Lugbara mother . In 1949 , he joined the king’s African Rifles(KAR) of he British Colonial Army as a cook. He rose to the rank of Lieutenant, taking part in British action against Somali  rebels and the Mau-Mau uprising in Kenya. Uganda gained independence from the United Kingdom in 1962, and Amin remained in the army, rising to the position of major and being appointed commander of the Uganda Army in 1965.Amin became known as a taught charismatic, and somewhat brutal figure during his military career.
The 1966 crisis had propelled Idi Amin to the forefront of Uganda’s political scene. In January
1971 while in Singapore attending a commonwealth summit, Obote was over thrown and Amin stumbled onto the pages of history as the new leader. When Apollo Milton Obote departed for a Commonwealth conference in Singapore, on the morning of 25 Jan. 1971, the army announced that it had staged a coup-d’ etat in order to save a bad situation from getting worse, and this marked the onset of the period of ‘militant politics’ that characterised Idi Amin’s regime.
A list of grievances were highlighted as reasons for the coup against Obote’s government namely;
a) violations of human rights thru detentions, lack of political freedom,
b) state of emergency in country since 1959;
c) corruption, nepotism, and tribalism, etc.
Although Ugandans had first welcomed the coup, Amin ushered in one of the most brutal
dictatorships characterised by gross violation of human rights and total disrespect of the constitution.
It should be noted that by the time Amin was deposed, his government had violated all the 18 points that they had listed as grievances against Obote’s government.
In 1971, Idi Amin, deposed Obote, and overthrew any semblance of constitutional order and establishing militarism in Ugandan politics. His rule that spanned nine years was characterized by caprice. There was no separation of powers, and the president enacted laws by decree and implemented them. The judiciary was too emasculated to guarantee the rights and freedoms of the people. In 1979, Uganda National Liberation Army (UNLA), an alliance of various rebel groups that were against Amin’s rule, overthrew him with the help of the Tanzanian army. This was again one military outfit removing the other from power and not through constitutional means but through military means.Less than a month after the coup, on February 20, 1971, Idi Amin issued an announcement in the name of the “Officers and Men of the Uganda Army and Air Force” in the Uganda Gazette in which he elevated himself from the position of a major-general to a full general and suspended elections “for at least five years,” stating:
“In view of the very bad state of affairs left behind by the last regime we fully appreciate that our government led by His Excellency Major -General Idi Amin Dada is faced with a great task. Public life must be cleaned up and the economy must be put on a sound basis. In addition, the people of Uganda have to be educated to think in terms of Uganda as a whole and to love and respect one another in the spirit of brotherhood, unity and equality. We have therefore decided that our government as led by his Excellency Major-General Idi-Amin Dada must be in power for at least five years. We believe that as the end of such a period national election could be organised and held in a period of tranquillity and mutual respect. From messages received by us we know that this proposal has the support of the great majority of Ugandans…. In addition, due to the size of the army he is now heading, and his military responsibilities, we hereby appoint him full General.” Amin’s tenure, which lasted eight years (1971-1979), was marked with brutality, with hundreds of thousands of civilians killed and tens of thousands of Indians and Pakistanis expelled from Uganda because Amin believed they were exploiting the economy. Despite the above statement, no elections were held. Ironically, one of the stated reasons for the coup was “[t]he failure of the political authorities to organize any elections for the last eight years whereby the people’s free will could be expressed.”
Legal Notice No. 1/71 and the Constitutionality of the Amin regime
The legal instrument that steered in the Amin regime was a proclamation known as Legal Notice No.1 of 1971. This legal instrument together with all the subsequent Legal Notices No. 1 of 1979 for UNLF and No. 1 of 1986 for the NRA led to the introduction of a new constitutional legal order in Kelsenian terms and bestowed legitimacy on the new government. The constitution of Uganda in use was the 1967 Constitution and this constitution was read together with Legal Notice No 1 of 1971 that brough in certain modifications.
On seizing power Amin totally disregarded the legitimate constitution of 1967 when he issued a new constitutional instrument, Legal Notice NO.1 of 1971. The notice suspended several articles of the 1967 constitution inter alia Article 1 on the supremacy of the constitution, article 3 on the amendment of the constitution, article 63 on the power to make laws which was vested in the parliament. Amin’s military government was thus “legitimised” by the Kelsenian principle:
if a government is removed in a manner not contemplated by the law and a new ruler assumes effective control of the country, the edicts are valid because the old legal order has disappeared and been replaced by a new one which provides validity to the norms of the old order.” This was a doctrine of autocracy where Amin became the supreme law of the country thereby contravening the principle of division of power. History was later repeated in The Legal No.1 of 1985 by which Tito Okello Lutwa assumed autocratic power just like Amin. With all the powers vested in the hands of President Amin, the country was to be thrown into great peril by a number of decrees.
The Legal Notice comprised these features as modifications to the existing legal regime. Significantly, it suspended several articles of the 1967 Constitution namely;
• Article 1 on supremacy of the constitution was suspended and Amin himself became the supreme law; no longer subject to the constitution because he ruled by decrees.
• Article 3 of the 1967 Constitution which provided for amendment of the constitution by Parliament was removed and amendments could now be done by Amin himself;
• Article 63 that provided for the powers to make laws to the National Assembly was suspended and the powers to make laws was be vested in Amin through the promulgation of decrees;
• Chapter Four of the 1967 Constitution that provided for the executive arm of government, qualifications for the president and election of the President as the designated the Head of State was suspended by the Constitution (Modification) Decree, No. 5 of 1971. On 13th march 1971 the constitution modification decree was passed contrary to the first belief that there was going to be no president until the return of a civilian government. By this decree there was change of the military head of state to the president. It was therefore necessary to reproduce article24 of the 1967 constitution; however two provisions of this article were not reproduced. One held that the president would not hold any office of benefit and the other was about the salary of the president. However the government did not give any reason why they found it necessary to make these changes. The constitution modification decree therefore officially established Amin’s regime as a military regime and militarism was later to be the order in every public institution. This meant that democracy had no place in Uganda anymore, because in the face of arms the law is silent.
• Chapter Five that provided for the legislative powers of parliament was equally suspended and legislative powers became vested in Amin and a Council through the Parliamentary Powers (Vested) Decree, No. 8 of 1971.
The immediate period of Amin’s regime was characterised by jubilation in some parts of the country in particular Buganda with the return of Kabaka Mutesa’s body from exile. However, other parts of the country faced eliminations and bloodshed especially the Langi and Acholi soldiers in the armed forces.
On the other hand, political prisoners like Grace Ibingira, Abu Mayanja, Bendicto Kiwanuka who were arrested during Obote regime were released and the majority were co-opted into the initially civilian government of Amin. But within a short time, a clamp down on opposition began and the system of government took on the character of a military regime with all institutions and arms of government namely the executive, legislative and judiciary being manned by the military. Amin introduced  a total dictatorship, and within two years he had turned the country into an absolute military state.
Suspension of political activities
Amin suspended all political party activities by issuing The Suspension of Political Party Activities Decree No.14 of 1971. By this decree no one was allowed to take part in, collect subscription for, raise funds or otherwise encourage political activities, public meetings or processions, designed with political motives. This was against peoples’ constitutional rights of belonging, assembly and association. Political activities thereby went underground. Amin like any dictator detested opposition. However, opposition provides a check and balance system in a constitutional government. This encouraged a single party political system among the key players that followed in the political affairs since 1979, of course UPC (1981-1985) and NRM (1986-200) being the dominant parties.
Although Amin had released political prisoners detained by Obote, he also suspended political party activities through the Suspension of Political Activities Decree, No. 14 of 1971. This Decree provided that “No person was allowed to manage, take part in, collect subscription for, raise funds or otherwise encourage political party activities. Public meetings or processions designed with political motives are banned as are the signs, symbols, flags, songs, statements, slogans and names of political parties.”
The punishment imposed for the contravention of the Suspension of Political Activities Decree No. 14 of 1971 were severe and this forced many political activities underground. Several other laws were passed in the course of time to deal with political opposition leading to the violation of rights and freedoms. These included:
a) The Detention (Prescription of Time Limit) Decree, No 7 of 1971 which allowed for indefinite detention without trial (30 days ).
b) The Newspapers and Publications (Amendment) Decree, No 35 of 1972 which permitted the Minister of Information to prohibit the publication of any newspaper for an indefinite period if satisfied that it was in public interest.
Amin’s regime suppressed the freedom of press. This was achieved by the Newspaper and publication (amendment) decree No.35 of 1972 which permitted the minister of information to prohibit the publication of any newspaper for an indefinite period of time, if satisfied it was in public interest. This meant that there was no freedom to hold opinions, to receive and impart ideas and information without interference from security organs. Journalists like Stuart, Stroh, and many others were detained for writing articles on human rights abuse. Separately from the three traditional arms of government, the role of the press as the fourth estate controller of government powers cannot be overlooked. Thomas Jefferson, an American statesman remarked on the importance of the press in constitutionalism when he commented;” we would rather have news papers without a government, than have a government without newspapers.” It is therefore very clear that the people did not participate in their governance since the only channel they had to express their views was blocked
c) Military Police (Powers of Arrest) Decree, 1971 which gave the military powers of arrest over civilians in effect removing them from the police.
Amin issued The Detention Decree No.7 of 1971 which allowed for indefinite detention without trial for 30 days. Together with the military police decree of 1972 which stripped off the powers of arrest from the police to the military, the regime presided over arbitrary arrests and imprisonment without trial. The implication of decree No.35 was remarked upon by Justice Russell in the case of Efulayimu Bukenya V Attorney General (1972) HCB 87 and the case of the British citizen were the only significant decisions of the period that condemned the government. However in the case where the court released Professor Kyesimira, but the state rearrested him again until after the eve of the 1985 coup, was the grimmest case among so many of its kind of direct interference in the affairs of the judiciary in Uganda, according to Khiddu Makubuya in his book The Culture Of Violence
. By this decree, the armed forces and state intelligence agencies could carry out arrests, summary trials as well as execute sentences which not only eroded the traditional policing function but also judicial powers. The implications of this decree were remarked upon by Justice Russel in case of Efulayimu Bukenya v Attorney General (1972) HCB 87 which together with the case of the British citizen led to Ben Kiwanuka’s disappearance.
Loss of judicial power.
In all these aspects of the creation of dictatorial regime, the most drastic impact was the assault against the judicial arm of government which was secured through the establishment of quasi-judicial organs that were empowered to exercise judicial power over civilians through the establishment of the Trial by Military Tribunals Decree, No. 12 of 1973. The quasi-judicial organs were characterised by fancy names as Commander Suicide, Captain No Parking among others Another quasi-judicial organ established was the Economic Crimes Tribunal for trying offences of smuggling, hoarding, etc
The destruction of judicial power reached its peak with the promulgation of the Proceedings Against the Government (Protection) Decree, No. 8 of 1972. This law was established following . the release of a British citizen on an application for a writ of habeas corpus by Chief Justice Ben Kiwanuka. The decree gave the government immunity by ousting the jurisdiction of courts to grant relief as regards actions for injuries resulting from measures taken to protect the public and security and the enforcement of discipline, law and order’
Idi Amin further abused the people’s rights to free and fair trials by issuing of the Trial by Military Tribunal Decree No.12 of 1973. This completely dismantled the jurisdiction of the courts over civil and criminal cases in addition to ousting the supremacy of the constitution. Amin also set up economic crimes tribunal for trying offences of smuggling and hoarding. Military tribunals were a judicial insult and decree No.12 clearly indicated that the regime was intolerant to the judicial rights of Ugandans. According to the Amnesty International report of June 1978, the military and economic crimes tribunals were a complete travesty of any accepted norms of justice: their members had no legal training, the defendants were denied legal representation, a legally qualified “court advisor” had no powers to intervene where legal procedures were contravened, such as rules of evidence and other internationally accepted judicial norms; Trials were normally in closed sessions and proceedings were not published; some cases were conducted in secret even without the defendants knowledge, and there were no appeals from these tribunals to any non-military legal authority
In the year 1972, Amin ordered the expulsion of Uganda’s 50,000 citizens (70000 citizens in Nationalism and the New States by Ali Mazrui) of Asian origin and then expropriated their extensive property holdings including 5655 firms, factories and farms together with personal goods worth 400 million US dollars. Since Amin was the “law” of Uganda, his dreams during the night became decrees in the morning, especially where he dreamt that Asians were milking dry Uganda’s economy. This was done in total violation of the constitutional right to property and citizenship. The Asian businesses were handed over to local people who were not skilled in the art of business. This led to an economic crash
Amin’s regime is responsible for colossal loss of human lives through extra judicial killings thereby denying many Ugandans a right to life. The State Research Bureau and the Public safety Unit were the main instruments of death during the brutal regime. The State Research Bureau was a cross between Hitler’s Gestapo and Stalin’s NKVD3. Amin personally ordered murders of Arch Bishop Janani Luwum, Chief Justice Ben Kiwanuka, Vice Chancellor of Makerere College, Governor of B.O.U, several MPs and some of his ministers. The number of deaths during this regime is up to 500,000 people. Reed Broody5 lamented at the time of Amin’s death saying, “Amin was one of the bloodiest tyrants in a bloody century. It is increasingly possible to prosecute dictators outside their home countries. Unfortunately, the trend didn’t catch up with Mr. Amin in time.” Amin gave latitude to the security organs to commit mass murder without the fear of being prosecuted. The state therefore failed to protect the lives of its citizens.
With the jurisdiction of the courts ousted and the supremacy of the constitution no longer visible, the military government was in effect beyond the check of the law. Not even the colonial period had wrecked constitutionalism to this extent in Uganda’s history. One can therefore conclude that if Obote had introduced militarism into politics, Amin carried it to its logical conclusion in terms of intensity - the regime presided over reign of terror in which human rights violations ranging from detentions, torture, extra-judicial killings, destruction and deprivation of property of individuals did prevail especially in relation to the Asian.
Amin was an aggressor who had no respect for international law and his foreign policies were a disaster for Uganda. In 1979 he attacked and occupied river kagera basin in Tanzania by an act of aggression. This was done without requesting for a formal declaration of war from the parliament because he was above the law. He also abused the territorial integrity of Tanzania, a sovereign state by attacking and annexing river Kagera basin as a new district in Uganda.
Every historian has a bias, however almost every historian has a bias again Idi Amin. Many scholars are so absorbed into studying the dark corridors of despotism and human rights abuses that they cannot see any light in Amin’s rule. Nevertheless, the light should be brought out however dim it may be. Amin should be credited for the eighteen reasons he put forward for the overthrow of Obote’s regime inter alia prevention of violation of human rights through illegal detentions, restoration of political party freedom, the need to end incessant state of emergency in the country, corruption, nepotism and tribalism. It’s clear that these reasons were perfectly judicious, constitutionally sound and targeted at reviving the rule of law which had been violated by Obote, no wonder the coup was jubilantly welcomed.
Amin’s regime bred the spirit of revolution against bad governance within the hearts of patriotic Ugandans. Eight years of dictatorship and mass murder were so much that the Ugandans could not take it anymore. Many people fled into exile to Tanzania and other countries, where they organised rebellions against the government of Uganda. Amin’s downfall eventually came in 1979 when Tanzanian forces assisted by Ugandan patriots (UNLF and FRONASA) attacked Uganda and defeated her brutal regime. The new UNLF government6 issued. The Legal Notice No.1 1979 which restored the supremacy of the 1967 constitution.
In a nutshell, Amin’s eight-year regime significantly weighed down the constitutional development of Uganda. Amin fused all powers in the person of the president, as F.W Jjuko put it- “one can recall an almost total merger of power under Idi Amin; where the executive and the legislative powers were completely in one man and where the other branch, the judiciary was too intimidated.” Amin`s regime was a period of constitutional eclipse for Uganda.
ACHIEVEMENTS OF IDI AMIN DAD.
Idi Amin dada’s rule over Uganda from 1971 to 1979 is often associated with widespread human rights abuse , economic decline, and social instability. However ,there was few policies and actions during his regime that some view as attempts to benefit Uganda.
Expulsion of Asian Business Owners (1972). Amin expelled who controlled a large part of Ugandan’s economy. He redistributed their business , land and assets to native Ugandans, declaring this as  a move to “return  Uganda’s economy to Ugandans “.Although it created a Ugandans business class, the lack of expertise among new business owners led to economic management and downturn.
promotion of local ownership : Amin :s policy aimed at ensuring that Ugandans held prominent positions in business and industry , reducing foreign influence in Uganda’s economy .He nationalized certain industries , although these policies often resulted in economic decline due to poor management and corruption.
Healthcare facilities: Amin’s government invested in constructing healthcare facilities in various parts of Uganda, including hospitals and clinics .For example, he initiated the building of Mulago Hospital’s extension in Kampala to improve healthcare access , though the healthcare system later faced challenges due to mismanagement .
Social and cultural infrastructure: Amin commissioned the building of some schools, mosques and churches to promote Ugandan society’s  religious and cultural diversity.Forinstance he supported the construction of Gaddafi mosque in Kampala, which later became one of the largest mosques in East Africa.
Africanization and cultural pride: Amin promoted Ugandan pride and cultural identity by encouraging traditional customs and symbols. He restored traditional leadership roles and promoted Ugandan cultural practices which resonated with some communities seeking recognition of their heritage.
Rejection of colonial influence: Amin sought to distance Uganda from it’s colonial past by re-naming streets, building and public spaces, discarding British titles , and removing symbols of colonialism from Uganda. Fore example he renamed places like Queen Elizabeth National part to” Ruwenzori National park”.
Support for pan –African causes: Amin styled himself as a pan African leader, supporting liberation movements across Africa, and aligning Uganda with other African nations against colonial and neo-colonial powers . He extended symbolic support to ant-apartheid movements in south Africa and other liberation efforts.
Islamic identity and Relations with Arab states: As one of the few African leaders who identified as Muslim, Amin strengthened ties with the Arab world’ receiving aid and support from Libya, Saudi Arabia, and other Islamic nations .He used these relationships to bolster Ugandan’s infrastructure, though often to serve his interests.
Strengthening Uganda’s military.
Diplomatic Recognition.
He also imported teachers from Ghana to fill the gap created by the departure of Asians and Israelites.
He builds infrastructures like Entebbe airport, roads and Kampala conference center.




















































































































971-1979 IDI AMIN DADA’S GOVERNMENT
Brief back ground about Idi Amin dada.
Who was Idi Amin?
President Idi Amin Dada was a Ugandan military officer who seized power in a military coup in 1971 and ruled Uganda as it’s third president until 1979. He was born on 1925in Koboko, in northwestern part of Uganda, he was born to kakwa father and Lugbara mother . In 1949 , he joined the king’s African Rifles(KAR) of he British Colonial Army as a cook. He rose to the rank of Lieutenant, taking part in British action against Somali  rebels and the Mau-Mau uprising in Kenya. Uganda gained independence from the United Kingdom in 1962, and Amin remained in the army, rising to the position of major and being appointed commander of the Uganda Army in 1965.Amin became known as a taught charismatic, and somewhat brutal figure during his military career.
The 1966 crisis had propelled Idi Amin to the forefront of Uganda’s political scene. In January
1971 while in Singapore attending a commonwealth summit, Obote was over thrown and Amin stumbled onto the pages of history as the new leader. When Apollo Milton Obote departed for a Commonwealth conference in Singapore, on the morning of 25 Jan. 1971, the army announced that it had staged a coup-d’ etat in order to save a bad situation from getting worse, and this marked the onset of the period of ‘militant politics’ that characterised Idi Amin’s regime.
A list of grievances were highlighted as reasons for the coup against Obote’s government namely;
a) violations of human rights thru detentions, lack of political freedom,
b) state of emergency in country since 1959;
c) corruption, nepotism, and tribalism, etc.
Although Ugandans had first welcomed the coup, Amin ushered in one of the most brutal
dictatorships characterised by gross violation of human rights and total disrespect of the constitution.
It should be noted that by the time Amin was deposed, his government had violated all the 18 points that they had listed as grievances against Obote’s government.
In 1971, Idi Amin, deposed Obote, and overthrew any semblance of constitutional order and establishing militarism in Ugandan politics. His rule that spanned nine years was characterized by caprice. There was no separation of powers, and the president enacted laws by decree and implemented them. The judiciary was too emasculated to guarantee the rights and freedoms of the people. In 1979, Uganda National Liberation Army (UNLA), an alliance of various rebel groups that were against Amin’s rule, overthrew him with the help of the Tanzanian army. This was again one military outfit removing the other from power and not through constitutional means but through military means.Less than a month after the coup, on February 20, 1971, Idi Amin issued an announcement in the name of the “Officers and Men of the Uganda Army and Air Force” in the Uganda Gazette in which he elevated himself from the position of a major-general to a full general and suspended elections “for at least five years,” stating:
“In view of the very bad state of affairs left behind by the last regime we fully appreciate that our government led by His Excellency Major -General Idi Amin Dada is faced with a great task. Public life must be cleaned up and the economy must be put on a sound basis. In addition, the people of Uganda have to be educated to think in terms of Uganda as a whole and to love and respect one another in the spirit of brotherhood, unity and equality. We have therefore decided that our government as led by his Excellency Major-General Idi-Amin Dada must be in power for at least five years. We believe that as the end of such a period national election could be organised and held in a period of tranquillity and mutual respect. From messages received by us we know that this proposal has the support of the great majority of Ugandans…. In addition, due to the size of the army he is now heading, and his military responsibilities, we hereby appoint him full General.” Amin’s tenure, which lasted eight years (1971-1979), was marked with brutality, with hundreds of thousands of civilians killed and tens of thousands of Indians and Pakistanis expelled from Uganda because Amin believed they were exploiting the economy. Despite the above statement, no elections were held. Ironically, one of the stated reasons for the coup was “[t]he failure of the political authorities to organize any elections for the last eight years whereby the people’s free will could be expressed.”
Legal Notice No. 1/71 and the Constitutionality of the Amin regime
The legal instrument that steered in the Amin regime was a proclamation known as Legal Notice No.1 of 1971. This legal instrument together with all the subsequent Legal Notices No. 1 of 1979 for UNLF and No. 1 of 1986 for the NRA led to the introduction of a new constitutional legal order in Kelsenian terms and bestowed legitimacy on the new government. The constitution of Uganda in use was the 1967 Constitution and this constitution was read together with Legal Notice No 1 of 1971 that brough in certain modifications.
On seizing power Amin totally disregarded the legitimate constitution of 1967 when he issued a new constitutional instrument, Legal Notice NO.1 of 1971. The notice suspended several articles of the 1967 constitution inter alia Article 1 on the supremacy of the constitution, article 3 on the amendment of the constitution, article 63 on the power to make laws which was vested in the parliament. Amin’s military government was thus “legitimised” by the Kelsenian principle:
if a government is removed in a manner not contemplated by the law and a new ruler assumes effective control of the country, the edicts are valid because the old legal order has disappeared and been replaced by a new one which provides validity to the norms of the old order.” This was a doctrine of autocracy where Amin became the supreme law of the country thereby contravening the principle of division of power. History was later repeated in The Legal No.1 of 1985 by which Tito Okello Lutwa assumed autocratic power just like Amin. With all the powers vested in the hands of President Amin, the country was to be thrown into great peril by a number of decrees.
The Legal Notice comprised these features as modifications to the existing legal regime. Significantly, it suspended several articles of the 1967 Constitution namely;
• Article 1 on supremacy of the constitution was suspended and Amin himself became the supreme law; no longer subject to the constitution because he ruled by decrees.
• Article 3 of the 1967 Constitution which provided for amendment of the constitution by Parliament was removed and amendments could now be done by Amin himself;
• Article 63 that provided for the powers to make laws to the National Assembly was suspended and the powers to make laws was be vested in Amin through the promulgation of decrees;
• Chapter Four of the 1967 Constitution that provided for the executive arm of government, qualifications for the president and election of the President as the designated the Head of State was suspended by the Constitution (Modification) Decree, No. 5 of 1971. On 13th march 1971 the constitution modification decree was passed contrary to the first belief that there was going to be no president until the return of a civilian government. By this decree there was change of the military head of state to the president. It was therefore necessary to reproduce article24 of the 1967 constitution; however two provisions of this article were not reproduced. One held that the president would not hold any office of benefit and the other was about the salary of the president. However the government did not give any reason why they found it necessary to make these changes. The constitution modification decree therefore officially established Amin’s regime as a military regime and militarism was later to be the order in every public institution. This meant that democracy had no place in Uganda anymore, because in the face of arms the law is silent.
• Chapter Five that provided for the legislative powers of parliament was equally suspended and legislative powers became vested in Amin and a Council through the Parliamentary Powers (Vested) Decree, No. 8 of 1971.
The immediate period of Amin’s regime was characterised by jubilation in some parts of the country in particular Buganda with the return of Kabaka Mutesa’s body from exile. However, other parts of the country faced eliminations and bloodshed especially the Langi and Acholi soldiers in the armed forces.
On the other hand, political prisoners like Grace Ibingira, Abu Mayanja, Bendicto Kiwanuka who were arrested during Obote regime were released and the majority were co-opted into the initially civilian government of Amin. But within a short time, a clamp down on opposition began and the system of government took on the character of a military regime with all institutions and arms of government namely the executive, legislative and judiciary being manned by the military. Amin introduced  a total dictatorship, and within two years he had turned the country into an absolute military state.
Suspension of political activities
Amin suspended all political party activities by issuing The Suspension of Political Party Activities Decree No.14 of 1971. By this decree no one was allowed to take part in, collect subscription for, raise funds or otherwise encourage political activities, public meetings or processions, designed with political motives. This was against peoples’ constitutional rights of belonging, assembly and association. Political activities thereby went underground. Amin like any dictator detested opposition. However, opposition provides a check and balance system in a constitutional government. This encouraged a single party political system among the key players that followed in the political affairs since 1979, of course UPC (1981-1985) and NRM (1986-200) being the dominant parties.
Although Amin had released political prisoners detained by Obote, he also suspended political party activities through the Suspension of Political Activities Decree, No. 14 of 1971. This Decree provided that “No person was allowed to manage, take part in, collect subscription for, raise funds or otherwise encourage political party activities. Public meetings or processions designed with political motives are banned as are the signs, symbols, flags, songs, statements, slogans and names of political parties.”
The punishment imposed for the contravention of the Suspension of Political Activities Decree No. 14 of 1971 were severe and this forced many political activities underground. Several other laws were passed in the course of time to deal with political opposition leading to the violation of rights and freedoms. These included:
a) The Detention (Prescription of Time Limit) Decree, No 7 of 1971 which allowed for indefinite detention without trial (30 days ).
b) The Newspapers and Publications (Amendment) Decree, No 35 of 1972 which permitted the Minister of Information to prohibit the publication of any newspaper for an indefinite period if satisfied that it was in public interest.
Amin’s regime suppressed the freedom of press. This was achieved by the Newspaper and publication (amendment) decree No.35 of 1972 which permitted the minister of information to prohibit the publication of any newspaper for an indefinite period of time, if satisfied it was in public interest. This meant that there was no freedom to hold opinions, to receive and impart ideas and information without interference from security organs. Journalists like Stuart, Stroh, and many others were detained for writing articles on human rights abuse. Separately from the three traditional arms of government, the role of the press as the fourth estate controller of government powers cannot be overlooked. Thomas Jefferson, an American statesman remarked on the importance of the press in constitutionalism when he commented;” we would rather have news papers without a government, than have a government without newspapers.” It is therefore very clear that the people did not participate in their governance since the only channel they had to express their views was blocked
c) Military Police (Powers of Arrest) Decree, 1971 which gave the military powers of arrest over civilians in effect removing them from the police.
Amin issued The Detention Decree No.7 of 1971 which allowed for indefinite detention without trial for 30 days. Together with the military police decree of 1972 which stripped off the powers of arrest from the police to the military, the regime presided over arbitrary arrests and imprisonment without trial. The implication of decree No.35 was remarked upon by Justice Russell in the case of Efulayimu Bukenya V Attorney General (1972) HCB 87 and the case of the British citizen were the only significant decisions of the period that condemned the government. However in the case where the court released Professor Kyesimira, but the state rearrested him again until after the eve of the 1985 coup, was the grimmest case among so many of its kind of direct interference in the affairs of the judiciary in Uganda, according to Khiddu Makubuya in his book The Culture Of Violence
. By this decree, the armed forces and state intelligence agencies could carry out arrests, summary trials as well as execute sentences which not only eroded the traditional policing function but also judicial powers. The implications of this decree were remarked upon by Justice Russel in case of Efulayimu Bukenya v Attorney General (1972) HCB 87 which together with the case of the British citizen led to Ben Kiwanuka’s disappearance.
Loss of judicial power.
In all these aspects of the creation of dictatorial regime, the most drastic impact was the assault against the judicial arm of government which was secured through the establishment of quasi-judicial organs that were empowered to exercise judicial power over civilians through the establishment of the Trial by Military Tribunals Decree, No. 12 of 1973. The quasi-judicial organs were characterised by fancy names as Commander Suicide, Captain No Parking among others Another quasi-judicial organ established was the Economic Crimes Tribunal for trying offences of smuggling, hoarding, etc
The destruction of judicial power reached its peak with the promulgation of the Proceedings Against the Government (Protection) Decree, No. 8 of 1972. This law was established following . the release of a British citizen on an application for a writ of habeas corpus by Chief Justice Ben Kiwanuka. The decree gave the government immunity by ousting the jurisdiction of courts to grant relief as regards actions for injuries resulting from measures taken to protect the public and security and the enforcement of discipline, law and order’
Idi Amin further abused the people’s rights to free and fair trials by issuing of the Trial by Military Tribunal Decree No.12 of 1973. This completely dismantled the jurisdiction of the courts over civil and criminal cases in addition to ousting the supremacy of the constitution. Amin also set up economic crimes tribunal for trying offences of smuggling and hoarding. Military tribunals were a judicial insult and decree No.12 clearly indicated that the regime was intolerant to the judicial rights of Ugandans. According to the Amnesty International report of June 1978, the military and economic crimes tribunals were a complete travesty of any accepted norms of justice: their members had no legal training, the defendants were denied legal representation, a legally qualified “court advisor” had no powers to intervene where legal procedures were contravened, such as rules of evidence and other internationally accepted judicial norms; Trials were normally in closed sessions and proceedings were not published; some cases were conducted in secret even without the defendants knowledge, and there were no appeals from these tribunals to any non-military legal authority
In the year 1972, Amin ordered the expulsion of Uganda’s 50,000 citizens (70000 citizens in Nationalism and the New States by Ali Mazrui) of Asian origin and then expropriated their extensive property holdings including 5655 firms, factories and farms together with personal goods worth 400 million US dollars. Since Amin was the “law” of Uganda, his dreams during the night became decrees in the morning, especially where he dreamt that Asians were milking dry Uganda’s economy. This was done in total violation of the constitutional right to property and citizenship. The Asian businesses were handed over to local people who were not skilled in the art of business. This led to an economic crash
Amin’s regime is responsible for colossal loss of human lives through extra judicial killings thereby denying many Ugandans a right to life. The State Research Bureau and the Public safety Unit were the main instruments of death during the brutal regime. The State Research Bureau was a cross between Hitler’s Gestapo and Stalin’s NKVD3. Amin personally ordered murders of Arch Bishop Janani Luwum, Chief Justice Ben Kiwanuka, Vice Chancellor of Makerere College, Governor of B.O.U, several MPs and some of his ministers. The number of deaths during this regime is up to 500,000 people. Reed Broody5 lamented at the time of Amin’s death saying, “Amin was one of the bloodiest tyrants in a bloody century. It is increasingly possible to prosecute dictators outside their home countries. Unfortunately, the trend didn’t catch up with Mr. Amin in time.” Amin gave latitude to the security organs to commit mass murder without the fear of being prosecuted. The state therefore failed to protect the lives of its citizens.
With the jurisdiction of the courts ousted and the supremacy of the constitution no longer visible, the military government was in effect beyond the check of the law. Not even the colonial period had wrecked constitutionalism to this extent in Uganda’s history. One can therefore conclude that if Obote had introduced militarism into politics, Amin carried it to its logical conclusion in terms of intensity - the regime presided over reign of terror in which human rights violations ranging from detentions, torture, extra-judicial killings, destruction and deprivation of property of individuals did prevail especially in relation to the Asian.
Amin was an aggressor who had no respect for international law and his foreign policies were a disaster for Uganda. In 1979 he attacked and occupied river kagera basin in Tanzania by an act of aggression. This was done without requesting for a formal declaration of war from the parliament because he was above the law. He also abused the territorial integrity of Tanzania, a sovereign state by attacking and annexing river Kagera basin as a new district in Uganda.
Every historian has a bias, however almost every historian has a bias again Idi Amin. Many scholars are so absorbed into studying the dark corridors of despotism and human rights abuses that they cannot see any light in Amin’s rule. Nevertheless, the light should be brought out however dim it may be. Amin should be credited for the eighteen reasons he put forward for the overthrow of Obote’s regime inter alia prevention of violation of human rights through illegal detentions, restoration of political party freedom, the need to end incessant state of emergency in the country, corruption, nepotism and tribalism. It’s clear that these reasons were perfectly judicious, constitutionally sound and targeted at reviving the rule of law which had been violated by Obote, no wonder the coup was jubilantly welcomed.
Amin’s regime bred the spirit of revolution against bad governance within the hearts of patriotic Ugandans. Eight years of dictatorship and mass murder were so much that the Ugandans could not take it anymore. Many people fled into exile to Tanzania and other countries, wh