CCEDU
Official CCEDU Launch
 
 
 
THE LAUNCH OF THE CITIZENS’ COALITION FOR ELECTORAL DEMOCRACY IN UGANDA (CCEDU)
 
On August 19th 2009, a new coalition initiated by a cross section of members of the civil society and code named, the “Citizens’ Coalition for Electoral Democracy in Uganda” (CCEDU) was launched at the Imperial Royale Hotel, Kampala.

This memorable occasion was attended by 316 guests. The guest list comprised of:

  • Chief Guest: The Right Honorable Edward Kiwanuka Sekandi, Speaker of the 8th Parliament of the Republic of Uganda.
  • Guest Speaker: Engineer Badru Kigundu, Chairperson of the Uganda Electoral Commission.
  • Prof. Ogenga Latigo, Leader of opposition, Parliament of Uganda
  • Representatives of various political parties
  • District leaders
  • Representatives of the judiciary
  • Representatives of trade Unions
  • Development partners
  • Religious leaders
  • Representatives of the various Non Governmental Organizations and Community based organizations.
  • Concerned citizens of Uganda and
  • The Media.
In his statement, the chief guest, Hon. Edward Kiwanuka Sekandi expressed gratitude for the invitation. He acknowledged the fact that from the elections so far held in Uganda, there are lessons to be learnt and short comings experienced.

It is against this background that the Rt. Honorable speaker, welcomed and recognized the importance of CCEDU’s noble and excellent move to rally as one voice to cap the loopholes experienced in previous elections.

He informed the audience of the several initiatives put in place since 1985 to build confidence in the electoral institutions viz: enactment and amendment of electoral laws; improvements in the electoral exercise, for example - introduction and use of single ballot box and paper, open voting e.t.c which he reckoned should be upheld and discussed to create room for improvement.

He noted that good electoral laws do not only benefit one party but the whole country.

Honorable Sekandi concurred with the analysis of the electoral history of Uganda as per the CCEDU strategy document and the intended extent of participation by CCEDU building and strengthening electoral democracy in Uganda. The Speaker acknowledged agreement with CCEDU positions in regard to the CCEDU vision, mission and objectives and analysis of the exiting gaps in the electoral process of Uganda.

He took the audience through the legislative process and urged the CCEDU to work with the agencies of the executive in areas where legislation is required.

He noted Lack of advocacy and prior consultation as one of the major factors that have led to the delay of bills in parliament.

He thanked the CCEDU working group and leadership of the Foundation for Human Rights Initiative for the good work and then officially launched the CCEDU.

In his key note address, the chairperson of the Electoral commission of Uganda, Dr. Badru Kiggunda thanked the Executive director of FHRI and the working group of CCEDU for organizing the launch and the inivitation.

He noted that any debate on electoral democracy begins and ends with citizen participation as it is impossible to dissociate citizens from electoral democracy. He cited voter registration as a very crucial element as far as citizen participation is concerned.

He noted the argument that national leaders must rise to their offices through regular, free and fair electoral processes in line with the constitution and electoral laws in order for them to have the colour of legitimacy.

He acknowledged that the Electoral Commission is charged with the duty of delivering free and fair elections in Uganda and assured members of continued effective delivery as has been.

He also acknowledged that there are areas both in law and conduct of elections that must be improved.

He expressed optimism that the CCEDU will complement and enhance electoral democracy in Uganda by among others supporting the constitutional mandate and activities of the Electoral Commission.

He echoed the need for CCEDU to partner with the stakeholders of electoral democracy in Uganda and encouraged every one of them to perform their duties and roles so as to be able to reap the non debatable benefits of electoral democracy.

He informed members about electoral reforms that were proposed by the electoral commission two years ago.

Eng. Kiggundu urged CCEDU members to point out all political and likely impediments to the success of the upcoming elections so that stake holders involved can discuss and seek possible solutions well in time for proper planning and implementation.

At the same occassion CCEDU presented Civil society proposals for electoral reform in the run up to 2011.

INTRODUCTION
The forthcoming elections scheduled for 2011 is another important watershed in Uganda’s quest for democracy, political stability and economic prosperity. The nature and quality of the electoral process and its outcomes will have significant implications for Uganda’s political, economic and social progress. Our challenge as a country is whether we will proceed on a path of sustained economic growth and political stability achieved through a national consensus or whether the country will experience a political impasse due to lack of consensus on fundamental electoral reform issues. Over the last 5 months, a number of actors including opposition parties, the media and development partners have advanced specific proposals on the nature of the electoral reforms required to address potential pitfalls in the electoral process.

THE FUNDAMENTAL BUILDING BLOCKS OF DEMOCRACY IN UGANDA
As the debate on the electoral process heats up towards 2011, there is a likelihood that many proposals for legislative reform and improvement of the electoral system will mainly focus on fixing short-term problems. However, CCEDU believes that there are at least 5 fundamental building blocks upon which a sound democratic dispensation can be constructed and sustained. Both the Executive and Parliament should undertake constitutional and legislative reforms to achieve these building blocks.

A. The Electoral Reform Legislative Agenda
At the moment, the process of legislation including election legislation is an open-ended process that is under the exclusive mandate of the Executive. This position is reinforced by article 93 of the Constitution which restricts MPs from introducing private members’ bills if the bill in question would constitute a charge on the consolidated fund. By controlling the electoral reforms legislative agenda, the Executive determines the agenda for reform to the exclusion of other interested parties. CCEDU therefore proposes the following reforms:
i.) Amend Chapter 5 of the Constitution to:
a. Vest powers to initiate electoral reform legislation in the Electoral Commission.
b. Cause the publication of the electoral reform legislation in the official gazette and to require that such legislation be tabled 1 year before an election and debated and enacted into law at least 10 months before the due date of the election to which such legislation would apply.
ii.) Amend article 93 of the Constitution to vest Parliament with powers to make any law including such bills introduced through private members’ bills.

B. Enhance The Autonomy Of Parliament By Abolishing Special Interest Group Representation And Prohibit Persons From Being Both Minister and Mp
There is ample evidence to demonstrate that the legislative autonomy of Parliament has been compromised by two major factors; First, the appointment of Members of Parliament into the Executive has shifted the balance of power in favor of the Executive and has as a result compromised the autonomy of Parliament. Secondly, empirical research has shown that the presence of special interest groups in Parliament, perhaps with the exception of the disabled, has limited added value. It is apparent that the limited gains made through special interest group representation can as well be achieved through the regular representation process where such affirmative action is achieved through political parties. In a functioning democracy, these special interest groups become the vanguards of civil society and political pressure groups that strengthen the demand-side of the democratic process. CCEDU therefore recommends the following reforms to enhance the autonomy and authority of Parliament.
i.) Amend article 113(1) of the Constitution to provide that any MP who is appointed to the position of Minister shall cease to be an MP forthwith, a by-election shall be held by the Electoral Commission to fill the vacant position.
ii.) Amend article 78(1)(c) of the Constitution to abolish the representation of special interest groups in Parliament through direct elections or electoral colleges, andprohibit Parliament from making any law that gives special advantage to particular groups or interest other than through political parties.
iii.) Amend the Political Parties and organizations Act to require political parties to allocate special seats for special interest groups especially women, the youth and the disabled.

C. Independence Of The Electoral Commission
The composition, character and integrity of the Electoral Commission are fundamental to the integrity and legitimacy of both the electoral process and its outcome. The following reforms and changes are proposed to address the character and integrity of the electoral process.
i.) Amend article 60(i) of the Constitution to provide for a more transparent and accountable process for appointing members of the electoral commission. This process should include a vetting process that is open to citizens and theappointments committee of parliament should be obliged to hold public hearings on the nominated persons.
ii.) Amend article 60(i) of the Constitution to require that Commissioners should be persons qualified for appointment as \ judges of the High Court or senior citizens of high moral character, proven integrity and above the age of 60 years with proven experience and demonstrated competence in the conduct of public affairs.
iii.) Amend article 60(8) to require that a Member of the Electoral Commission can only be removed from office by the President upon the recommendation of the Judicial Service Commission and upon full investigations as to the alleged misconduct.

D. Reinstate Presidential Term Limits.
Presidential term limits as embedded in the 1995 Constitution was one of the fundamental building blocks for democracy in Uganda as it sought to address political instability in Uganda. The certainty created by predictability in the transfer of the presidency from one person to another goes at the heart of building a stable and prosperous country. CCEDU therefore recommends that the Constitution should be amended to:
i.) Restore the two term Presidential term limit.
ii.) Prohibit any person who is eligible to be Chairperson LCV under the Constitution or Local Government Act from holding the office of Chairperson LCV for more than 3 terms whether consecutively or otherwise as thecase may be. The position of Chairperson LCV is included under this recommendation because it is also an Executive Position with considerable influence and power on the affairs of running a district local government. The term limits for both the President and the Chairperson LCV would ensure that the persons holding these positions would dedicate their time to run the affairs of the State or local government.

E. The Creation Of Districts and Other Administrative Units
One of the pitfalls of the electoral process today is the gerrymandering of constituencies through the creation of new districts. While there may be some legitimate need for creation of new administrative units including districts, creation of more districts and other administrative units accounts for the unintended increase in the size of Parliament and results into an ever growing burden on the tax payer. No matter what the justifications are for creating a multiplicity of districts, there is no doubt that the rate at which districts are created, the manner in which they are created (often following ethnic and tribal lines), and the character of these districts demonstrates a high level of political and administrative indiscipline. CCEDU proposes the following legal safeguards that ought to be achieved through constitutional amendments:
i.) Parliament should adopt a moratorium on the creation of new districts until government has presented and Parliament has adopted clear criteria for creating new districts. The political consideration should be more inclined to productivity, administrative efficiency and local government autonomy, among others.
ii.) Amend article 63 of the Constitution to provide that the Electoral Commission shall demarcate constituencies based on population rather than the need to align constituencies with administrative boundaries.

ELECTORAL REFORMS TO BE ACHIEVED THROUGH REFORM OF ELECTORAL LAWS OR ADMINISTRATIVE ACTION
Beyond the fundamental building blocks that are only achievable through amending the Constitution, there are a number of specific actions that need to be taken through the amendment of various Acts of Parliament dealing with elections or through administrative actions. This section outlines the specific legal reforms that can be achieved through amending the current Acts of Parliament governing the conduct of elections or through administrative action.

A. Funding and Accountability of Political Parties
The current practice clearly shows that there is generally lack of transparency regarding the sources of funding for political parties and how campaign funds and other party finances are spent. The relevant provisions regarding accountability are often times ignored. There is need to ensure that financing of political and party activities is highly transparent and there are penalties for non-compliance. Consequently, the Political Parties and Organizations Act should be amended to make provisions for the following:
i.) Prohibit any political party that does not submit its annual audited accounts within the prescribed time from registering for subsequent elections or by-elections until the relevant provisions have been complied with.
ii.) Prohibit the Chairperson and Secretary General of a political party that fail to comply with requirements for submission of audited accounts within the prescribed time from holding an electoral or public office.
iii.) Require full disclosure of any contributions from individuals and organizations whether based in Uganda or outside Uganda.

B. Impose Stringent Penalties for Election Related Fraud and Electoral Offenses
Evidence from the previous elections clearly suggest that there are in-adequate restraints to ensure that individual citizens, politicians and political parties engaged in electoral fraud and who are convicted or adjudged of electoral malpractices do not repeat them. This has perpetuated impunity where electoral laws are violated hence undermining the deepening of the democratic process. In order to ensure full compliance with electoral laws, CCEDU recommends that appropriate electoral laws be amended to provide for the following:
i.) Prohibit any political candidate or electoral official or party agent who has been adjudged to have been involved in any electoral fraud or malpractice or who has abated such fraud or malpractices from contesting any electoral office or holding a public office for at least a period of 5 years from the date of the judgment of any court unless a decision is overturned by a superior court.
ii.) Prohibit any political party that fielded such a candidate or agent, who is adjudged for occasioning such electoral fraud or from fielding a political candidate for any bi-elections resulting from the nullification of any election on account of electoral fraud or malpractice.
iii.) Impose obligations to pay costs and damages on the political parties whose candidates or agents are adjudged to have been involved in or abated electoral fraud or malpractices.
iv.) To require that whenever the High Court declares an election null and void, one of the orders of Court should be that the person who was elected under such an election should cease to be a Member of Parliament until a fresh election is held or until the full disposal of the case in case of an appeal. CCEDU believes that the absence of stringent penalties for election related fraud and malpractices is perpetuating impunity and severely undermines the credibility of the electoral process as well as governance.

C. Civic Education and Constitutional Awareness
Since the promulgation of the Constitution in 1995, very limited efforts have been made to ensure that Ugandan citizens develop the civic competence and civic consciousness to defend their constitutional rights. A civic competent citizenry is the best defense against electoral fraud and electoral malpractices. It is in this regard that CCEDU is committed to engage with all actors across the social, political and economic spectrum to ensure a robust civic education agenda that transforms the majority of our citizens from being spectators to active defenders of democracy and the integrity of the electoral process.

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