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.