The Buganda Agreement (1955) was made on 18 October 1955 between Andrew Cohen, the governor of the Uganda Protectorate, and Mutesa II, Kabaka of Buganda. The agreement facilitated Mutesa II's return as a constitutional monarch of Buganda, ending the Kabaka crisis that began when the Kabaka was exiled to England by Cohen in 1953. It amended the earlier Buganda Agreement (1900). The final text reflected the agreed outcomes of the Namirembe Conference.
Background
Between 1953 and 1955 there was major unrest and discontent in Uganda, part of the British-administered Uganda Protectorate, following a speech in which the British Secretary of State for the Colonies made a "passing reference" to the possibility of East African federation. The incident prompted widespread calls for Bugandan independence as the only protection against British overreach.
In order to force a resolution to the deepening political crisis, the Governor of Uganda, Sir Andrew Cohen, invoked the Uganda Agreement (1900) and demanded that the Kabaka (Mutesa II) fall into line British government policy which favoured the continuation of a single, unitary, Ugandan state. The Kabaka refused. As a result, the British Government withdrew its recognition of Mutesa II as Uganda's native ruler under Article 6 of the 1900 Uganda agreement and forcibly deported Mutesa to Britain. News about Mutesa's deportation severely shocked the Baganda, leading to a constitutional crisis. Cohen's preference was for a new Kabaka to be installed immediately, but this proved impossible, necessitating a fuller negotiated outcome.
THE BUGANDA AGREEMENT, 1955
(See Legal Notice No.190 of 1955 Laws of Uganda, pp 383–418)
AN AGREEMENT made this 18th day of October 1955 between Sir Andrew Benjamin Cohen, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Royal Victorian Order, Officer of the Most Excellent Order of the British Empire, Governor and Commander in Chief of the Uganda Protectorate on behalf of Her Majesty Queen Elizabeth II, by the grace of God of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith ON THE ONE PART: and Edward William Frederick David Walugembe Mutebi Luwangula Mutesa II Kabaka of Buganda for and on behalf of the Kabaka, Chiefs and People of Buganda ON THE OTHER PART:
WHEREAS by Agreement made on the 29th day of May, 1893, between Mwanga Kabaka of Uganda of the one part and Sir Gerald Herbert Portal, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Her Britannic Majesty’ Commissioner and Consul- General for East Africa on behalf of Her Majesty's Government in the United Kingdom (hereinafter referred to as “Her Majesty’s Government”) of the other part the said Kabaka Mwanga did pledge and bind himself to certain conditions with the object of securing British protection and assistance and guidance for himself and his people and dominions:
AND WHEREAS the said Kabaka Mwanga by the said Agreement undertook on behalf of himself and his successors to make a Treaty in the sense of or in a similar sense to the said Agreement in the event of Her Majesty's Government being willing to assent to the said conditions:
AND WHEREAS on the 19th day of June, 1894, a notification dated the 18th day of June, 1894, was published in the London Gazette stating that under and by virtue of the said Agreement Uganda was placed under the Protectorate of Her Majesty Queen Victoria:
AND WHEREAS in pursuance of the undertaking of the aforementioned and in consideration of the bestowal by Her Majesty Queen Victoria of the protection which the said Kabaka Mwanga had requested in the said Agreement of the 29th day of May, 1893, by a Treaty made on the 27th day of August 1894 (here in after referred to as “the Buganda Agreement, 1894”) between the said Kabaka Mwanga of the one part and Henry Edward Colville, a Companion of the Most Honourable Order of the Bath, a Colonel in Her Majesty's army, Her Britannic Majesty's Acting Commissioner for Uganda, for and on behalf of Her Majesty of the other part, the said Kabaka Mwanga did pledge and hind himself, his heirs and successors to conditions in all respects similar to the conditions set out in the said Agreement:
AND WHEREAS by an Agreement made on the 10th day of March, 1900 (hereinafter referred to as “the Buganda Agreement, 1900”) between Sir Henry Hamilton Johnson, Knight Commander of the Most Honourable Order to the Bath, Her Majesty's Special Commissioner, Commander-in-Chief and Consul-General for the Uganda Protectorate and the adjoining Territories, on behalf of the Kabaka of Buganda, and the Chiefs and People of Buganda on the other part the relationship between Her Majesty's Government, the Government of the Protectorate of‘ Uganda, (hereinafter referred to as “the Protectorate Government”) and the Kabaka, Chiefs and People of Buganda, was further defined and provision was made for recognition of the Kabaka of Buganda as native rulers of Buganda under Her Majesty's protection and over-rule:
AND WHEREAS by various supplementary Agreements the Buganda Agreement, 1900, has been extended and modified;
AND WHEREAS Her Majesty's Government has given an assurance to the Kabaka, Chiefs and People of Buganda in the following terms:-
‘Her Majesty’s Government has no intention whatsoever of raising the issue of East African federation either at the present time or while local public opinion on this issue remains as it is at the present time. Her Majesty’s Government fully recognises that public opinion in the Protectorate generally and Buganda in particular, including the opinion of the Great Lukiko, would be opposed to the inclusion of the Uganda Protectorate in any such federation; Her Majesty’s Government has no intention whatsoever of disregarding this opinion either now or at any time, and recognises accordingly that the inclusion of the Uganda Protectorate in any such federation is outside the realm of practical politics at the present time or while public opinion remains as it is at the present time. As regards the more distant future, Her Majesty’s Government clearly cannot state now that the issue of East African federation will never be raised, since public opinion in the Protectorate including that of the Baganda, might change, and it would not in any case be proper for Her Majesty’s Government to make any statement now which might be used at some time in the future to prevent effect being given to the wishes of the people of the Protectorate at that time. But Her Majesty’s Government can and does say that, unless there is a substantial change in public opinion in the Protectorate, including that of the Baganda, the inclusion of the Protectorate in an East African federation will remain outside the realm of practical politics even in the more distant future”.
AND WHEREAS Her Majesty's Government has given an undertaking that, should the occasion ever arise in the future to ascertain public opinion in terms of the aforesaid assurance, the Protectorate Government will at that time consult fully with the Buganda Government and the other Authorities throughout the country as to the best method of ascertaining public opinion:
AND WHEREAS by an Agreement made on the 15th day of August, 1955, entitled the Buganda (Transitional) Agreement, 1955, representatives of Her Majesty and the Kabaka, Chiefs and people undertook that this Agreement should be executed:
NOW THEREFORE it is hereby agreed and declared as follows:
1. (1) This Agreement may be cited as the Buganda Agreement, 1955, and shall be read as one with the Buganda Agreement, 1894, the Buganda Agreement, 1900, and the Agreements specified in the Third Schedule to this Agreement.
(2) The Agreements mentioned in paragraph (1) of this article and this Agreement may be cited together as the Buganda Agreements, 1894 to 1955.
(3) This Agreement shall come into force when executed and shall thereafter be binding on Her Majesty's Government and the Kabaka, and the Chief and the People of Buganda.
2. (1) The Kabaka (King) of Buganda who is the Ruler of Buganda shall be styled “His Highness the Kabaka” shall be elected, as hitherto, by a majority of votes in the Lukiko
(2) The range of selection must be limited to the Royal Family of Buganda, that is to say, the descendants of Kabaka Mutesa I, and the name of the prince chosen by the Lukiko must be submitted to Her Majesty's Government for approval, and no prince shall be recognised as Kabaka of Buganda whose election has not received the approval of Her Majesty's Government.
3. Before any prince shall be recognised by Her Majesty's Government as Kabaka of Buganda he shall enter into a Solemn Undertaking in accordance with the provisions of the Constitution set out the First Schedule to this Agreement; and so long as he observes the terms of the said Solemn Undertaking, Her Majesty's Government agrees to recognise him as Ruler of Buganda.
4. Buganda shall be administered in accordance with the Constitution set out in the First Schedule to this Agreement, and the provisions of the said Schedule shall have effect as from the date upon which this Agreement comes into force.
5. The Lukiko shall, subject to the provisions of any Buganda law made pursuant to paragraph (2) of article 21 of the Constitution set out in the First Schedule to this Agreement, be constituted as follows:
(a) the Katikiro (or Prime Minister), the Omulamuzi (or Minister of Justice), the Omuwanika (or Minister of Finance) and the other members of the Ministry constituted by Article 7 of the said Constitution shall be ex-officio members of the Lukiko;
(b) each chief of a saza (twenty in all) shall also be an ex-officio member of the Lukiko;
(c) the Kabaka may appoint six other persons of importance in the country to be members of the Lukiko during his pleasure.
6. The functions of the Lukiko shall be to discuss matters concerning the Kabaka's Government, and it may pass resolutions recommending measures to be adopted by the Government, but no effect shall be given to such resolutions without the approval of Her Majesty's Representative, that is to say the Governor except so far as it may be otherwise agreed between him and the Kabaka's Government that such approval shall not be required.
(1) At all times when provision has been made for at least three fifths of all the Representative Members of the Legislative Council of the Uganda Protectorate to be Africans and for such number of Africans to be appointed as Nominated Members of Council as will bring the total number of Africans who are members of the Council up to at least one half of all the members of the council, excluding the President of the council, then Buganda shall be represented in the Legislative Council of the Uganda Protectorate, and for that purpose at least one quarter of the Representative Members of the Council who are Africans shall be persons who represent Buganda.
(2) The Katikiro shall submit to Her Majesty's Representative, that is to say the Governor, the names of the candidates for appointment as the Representative Members of the Legislative Council to represent Buganda that is to say the persons who have been elected for that purpose in accordance with the provisions of the Second Schedule to this Agreement.
(3) Notwithstanding the provisions of paragraph (2) of this Article, a system of direct elections for the Representative Members of the Legislative Council who represent Buganda shall be introduced in the year 1961 if such system has not been introduced earlier.
(4) Her Majesty's Government shall during the year 1957 arrange for a review by representatives of the Protectorate Government and of the Kabaka's Government of the system of election of Representative