CERA Handbook - PDF

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Beyond 2011: The Citizens’ Electoral Reform Agenda


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Beyond 2011: The Citizens’ Electoral Reform Agenda Beyond 2011: The Citizens’ Electoral Reform Ag enda

BEYOND 2011: The Citizens’ Electoral Reform Agenda

Citizens’ Coalition for Electoral Democracy in Uganda

(CCEDU)

Human Rights House, Block 15,

Plot 1853 Lulume Road NsambyaP.O. Box 11027 Kampala,Uganda

Tel: +256-414-510 263Fax: +256-414-510498

E-mail: [email protected]

Website: www.fhri.or.ug


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ACODE Advocates Coalition or Development and Environment

CCEDU Citizens’ Coalition or Electoral Democracy in Uganda

CEW-IT Citizens’ Election Watch-I

CSO Civil Society Organisation

DDP Deepening Democracy Programme

DEMGROUP Democracy Monitoring Group

EC Electoral Commission o Uganda

FHRI Foundation or Human Rights Initiative

HURINET Human Rights Network

HURIPEC Human Rights and Peace Center

IPOD Inter-Party Organisation or Dialogue

IRCU Inter-Religious Council o Uganda

MP Member o Parliament

NUDIPU National Union o Disabled Persons o Uganda

NGO Non Governmental Organisation

PWDs Person(s) with Disabi lity

RRU Rapid Response Unit

UGMP Uganda Governance Monitoring Platorm

ULS Uganda Law Society

UNNGOF Uganda National NGO Forum

UPDF Uganda People’s Deence Forces

UWONET Uganda Women’s Network

UYONET Uganda Youth Network

Acronyms ...................................................................................................... iii

Foreword ....................................................................................................... iv

Acknowledgements ...................................................................................... vi

Executive Summary ..................................................................................... vii

Te Citizens’ Electoral Reorm Agenda .................................................... 1

enure o office o the president ................................................................. 1

Independence, credibility and impartiality o the EC ............................ 1

Accuracy and credibility o the national voter register ........................... 3

Representation o special interest groups in parliament ......................... 3

Te role o UPDF and UPF in electoral security ..................................... 5

Prohibition rom contesting or holding public office or persons whocommit electoral offences ........................................................................... 6

Representation o runner-up presidential candidates in parliament .... 7

Introduction o campaign spending caps or all elective positions ........ 7

CCEDU membership and administration (Appendix 1) ...................... 8

Table of Contents Acronyms:


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A total o 5,681,369 o the registered voters (40 %) didn’t turn up to vote. Othe 8,272,760 votes cast, 334,548 were declared invalid, a figure that largelyremains unprecedented in the history o Uganda’s elections. All this, in spiteo the various proposals or electoral reorm by the Electoral Commission, civilsociety groups and political parties afer the 2006 General Elections.

It is thereore commendable that CCEDU has come up with clear proposals orelectoral reorm, which seek to address the major gaps that the 2011 GeneralElections brought to the ore. It is also commendable that this process i s driven

by concerns and aspiration o the citizens – and not just t he political class . It isnoteworthy that some o the same proposals put orward afer the 2006 GeneralElections, are put orward again, including: the restoration o the presidentialterm limits; recommendations to guarantee a clean a nd credible voters register;the need to streamline the army’s involvement in providing electoral security;the need to institute punitive measures or those who commit electoral offences; proposals to introduce an instrument that inst itutes a ramework or possiblerepresentation o the presidential runner-up candidate in parliament and a cal lor the introduction o campaign spending caps or all elective positions. Te

proposals made i n this Handbook are critica l to saeguardi ng the electoral processes rom the susceptibility o manipulation and ensuring that subsequentelections are reer and airer. It is also anticipated that the enactment o the

proposals contained herein will provide a strong building block or citizen participation in electoral processes in Uganda.

Bishop Zac Niringiye

Chairperson, African Peer Review Mechanism (APRM)

National Governing Council – Uganda

One o the benchmarks o democracy development is regular, ree and airelections, giving an opportunity to a country to elect its leaders. Uganda hasregistered success on the first characteristic – regular, since the five-year cyclehas been adhered to or the last 15 years. However, there remains a lot to bedone in order to achieve a resounding verdict o elections as ree and air. Tekey to the achievement o the latter is a sound legal and institutional ramework.

Te Arican Peer Review Mechanism Country Review Report or Uganda,released in January 2011 applauded Uganda or establishing an adequate

institutional ramework, provided or in the 1995 Constitution. However, italso ack nowledged that the institutions were constrained in delivering theirconstitutional mandates due to capacity challenges. Te report urther pointsout that the country was acing the challenge o transitioning rom monolithic

politics that cha racterized the Movement era, to plura listic politics o thecurrent multiparty dispensation. It is not any wonder that the period beoreand afer the 2006 and 2011 multiparty general elections was characterized bynumerous tests. Freedoms o assembly and expression came under attack; there

were several instances o intimidation o journalists that were critical o thegovernment; state-owned media demonstrated bias through disproportionatecoverage o the incumbent at the expense o other candidates; the compositiono the Electoral Commission remained widely disputed by the citizens andacts o voter intimidation and bribery were widely reported across the country.

Tus, although the 2011 elections were acknowledged by some internal andexternal observes to have been generally calm, the entire electoral process

was marred by several challenges l ike: a contested voter register and voteridentification system; perceptions o partisanship o the election managementbody; heavy military deployment in some areas during the polling period; election violence in some hotspots; commercialization o the electoral process; logisticalconstraints on the side o the election management body; and inadequateelection education – given that the voter education programs by CCEDU a ndother stakeholders started late and didn’t give sufficient time or behavioralchange among voters. All these chal lenges in some way undermined citizens’ull participation in electoral processes. According to the Electoral Commission,out o the 13,954,129 registered voters only 8,272,760 voters are reported tohave cast their vote, representing about 59 %.

Foreword:


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Tis Citizens Electoral Reorm Agenda Handbook is a product o the tireless works o a technical team o experts who careully studied the recommendationsand proposals made by various election observer groups and individuals inthe afermath o the 2011 general elections. Te technical team was drawnrom CCEDU’s strategic institutions including the Uganda Law Society(ULS), Uganda Governance Monitoring Platorm (UGMP), Uganda NationalNGO Forum (UNNGOF), Inter-Religious Council o Uganda (IRCU),Human Rights Network (HURINE), Human Rights and Peace Center

(HURIPEC), Foundation or Human Rights I nitiative (FHRI), AdvocatesCoalition or Development and Environment (ACODE), Uganda Women’sNetwork (UWONE), Uganda Youth Network (UYONE), DemocracyMonitoring Group (DEMGROUP), National Union o Disabled Persons oUganda (NUDIPU) and Citizens’ Election Watch-I (CEW-I). Te technicalteam also benefited rom the powerul insig hts o the Inter-Party Organisationor Dialogue (IPOD). CCEDU leveraged rom the partners’ previous electionobservation and/or electoral reorm advocacy endeavors.

CCEDU would like to pay special tribute to its Advisory Board, ExecutiveCommittee and Secretariat or the invaluable support and eedback providedduring the drafing o this Handbook.

Te publication o this Handbook has been made possible with the financialand technical support rom the Deepening Democracy Programme (DDP).

o the men and women o honour, strength and great aspiration that make upthe Republic o Uganda, we dedicate this Handbook to you; not or a mere read-through but as a contribution to illuminate the uture o our beloved country.

Acknowledgement:

In 2010 CCEDU submitted electoral reorm proposals to the Legal andParliamentary Affairs Committee or consideration. Key amongst the proposalsincluded: the call to reinstate presidential term l imits; a proposal to provide orrepresentation o different political party interests in the Electoral Commission;a recommendation to provide that any Member o Parliament appointed to the position o a Minister ceases to be an MP orthwith; and that where a candidatehas been declared unopposed, the law should establish a minimum percentageo votes that the candidate should garner beore they are declared winner.

Te Coalition together with the Inter Part y Cooperation and other stakeholdersmanaged to secure some minimal administrative electoral reorms later on in2010; notable among these was making provision or a ten-day period during which names o voters proposed or inclusion or deletion rom the voters rol lare raised. Although key reorm proposals were not adopted by parliament, thesecured reorms were a step in the right direction. However, limited considerationo the key proposals possibly impacted on the integrity and outcome o the 2011election. In short, the low voter turn-out, the unprecedented numbers o spoiltballot papers, the observable voter apathy, the wide spread vote buying andmisuse o money during campaigns could have been averted had key electoralissues been rev iewed and/or incorporated into the law.

In its post 2011 election activities, CCEDU identified a technical team o experts who careully studied the recommendations and proposals made by variouselection observer groups and individuals. Te team came up with eight key proposals which herein orm the basis or CCEDU’s electoral reorm advocacyefforts or the period, 2011 – 2016.

Te proposals include:1. Provision or two five-year term limits or the tenure o office o the

president;2. Independent, credible and impartial Electoral Commission;3. A clean, accurate and credible National Voter Register;4. Rationalisation o representation o Special Interest Groups in parliament;5. Strict principles governing the proessional involvement o the Uganda

Peoples’ Deence Forces in the maintainace o electoral security and theimpartiality o the Uganda Police Force;

Executive Summary:


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1. Provision for Two Five-Year Term Limits for the Tenure of Office ofthe President

Current position: Article 105 (2) o the Constitution o the Republico Uganda states that a person may be elected underthe Constitution to hold office as President or one ormore (five-year) terms.

Review Proposal(s): CCEDU recommends the amendment o Article 105

(2) o the Constitution in order to provide or a limited presidential tenure o a maximum o two five-year terms.

Rationale: erm limits eradicate the tendency by an incumbentPresident to manipulate systems in order to perpetuateone’s hold o power.

Free elections are not only premised on real possibilitiesor change through the expression o the ree will othe people, but also on a realization by the politicalleadership through a command o the law that thereare fixed terms o tenure.

At an East Arican regional level, only Uganda hasunlimited presidential term limits. Rwanda, Kenya,anzania and Burundi, the other members, have varying term lim its.

2. Independent, Credible and Impartial Electoral Commission

Current position: Article 60 (1) o the Constitution provides or anElectoral Commission consisting o a chairperson, adeputy chairperson and five other members appointedby the President with the approval o Parliament.

Articles 60 (1), (2), (3), and (4) o the Constitutiondefine the number o members to the Commissionand the appointing authority, the qualifications o acommissioner, their tenure and the possibility o renewalo tenure. Te Constitution is silent on the pool ocandidates rom which commissioners should be drawn.

6. Prohibition rom Contesting or Holding Public Office or Persons whoCommit Electoral Offences

7. Representation o the runner-up presidential candidate in parliament;and

8. Introduction o campaign spending caps or all elective positions.Te process o developing this Citizens’ Electoral Reorm Agenda Handbookhas largely been dr iven by a distinct enthusiasm or citizens to provide answersto the ‘unresolved issues’ rom the 2006 and 2011 elections and lay a firm groundor subsequent election cycles in Uganda.

Livingstone Sewanyana

Chairperson, CCEDU Executive Committee



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3. A Clean, Accurate and Credible National Voter Register

Current position: According to Article 61 (1) (e) o the Constitution,the Electoral Commission is mandated to compile,maintain, revise and update the voters register.

Review Proposal(s): CCEDU proposes the amendment o the Constitutionand other related laws to provide or the synchronization

with, and extraction o the voter registry rom thenational identification database.

Te proposed national ID card system has an integratedsecure central inormation repository on birth, marriage,adoption and death about each citizen, this should beused to aid the Electoral Commission to constantlyand effectively update the new register.

Rationale: A transparent, accessible, accurate and constantlyupdated register is important or the organisation o aree and air election. Te process o compilation andthe final register have in past elections been a sticking point that has dented the cred ibility and accuracy othe voter register. Tese shortalls on the voters registerhave in previous elections rendered election resultssusceptible to questions.

4. Rationalization of Representation of Special Interest Groups inParliament Based on the Sustenance of Affirmative Action

Current Position: Article 78 (1) o the Constitution o the Republic oUganda states that parliament shall consist o one

woman representative or every district , and suchnumbers o representatives o the army, youth, workers, persons with disabilities and other groups as parliamentmay determine.

Review Proposal(s): CCEDU proposes a more participatory and transparent process o appointment o the members o the ElectoralCommission. In this regard CCEDU recommendsthat the Chairperson and Commissioners o theCommission be appointed by the President rom a pool o names submitted to him or her by the JudicialService Commission. For avoidance o doubt, anycitizen can under t his procedure submit proposal namesor Chairperson and Commissioners o the EC to the

Judicial Service Commission.CCEDU recommends that the security o tenure othe members o the Commission is enhanced so thatthe process o their removal should not be solely vestedin the President on grounds o: inability to perorm,the unctions o his or her office arising rom infirmityo body or mind; misbehavior or misconduct; orincompetence but subject to such provisions or theremoval o judicial officers under Article 144 (1), (2),(3) and (4) o the Constitution.

Rationale: Te Independence o the Electoral Commission iscrucial in ensuring a ree and air election. AlthoughArticle 62 o the Constitution broadly provides or theindependence o the Commission, the appointment process, the lack o security o tenure or commissioners(possibility o summary removal by the President) and

the limited consultation o various stakeholders inthe appointment o the Commissioners, underminesthe credibility o the Commission by the public. Ithe confidence o the people in the Commission anddemocratic processes are to be restored, there is a needto amend and/or reorm the Constitution, the ElectoralCommission Act and other related laws.


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Article 78 (4) o the Constitution o the Republic oUganda states that parliament shall, by law prescribe the procedure or elections o special interest representativessuch as women, army, youth, workers, persons withdisabilities and other groups as it (parliament) maydetermine.

Currently, parliament is comprised as ollows:

CATEGORY NUMBER Directly Elected 238

Women Representatives 112

Uganda Peoples’ Deence Forces 10

Youth Representatives 5

People with Disabilities (PWDs) 5

Workers 5

TOTAL 375

For each o the special group representatives, 20% must be women, i.e. UPDF(2); youth, PWDs and workers (1).

Review Proposal(s): CCEDU recommends that through Article 78 (2) othe Constitution o the Republic o Uganda, parliamentreviews its composition with a view o abolishing therepresentation o the UPDF and workers in parliament.

CCEDU proposes that special interest representativesto parliament such as the youth MPs and the PWDsMPs be directly elected on the basis o universal adultsuffrage and that their elections conorm to the rulesand regulations o the Electoral Commission.

Rationale: Whereas the army is supposed to be non-partisan innature, its interests are covered by the executive armo government o which it is part. Te army is also aservice agency just like the Uganda Police Force andthe Uganda Prison Force, o which the latter are notdirectly represented in parliament.

Considering that Uganda is a multi-party democracy,it is prudent that the representation o workers isinstitutionalized with in respective political parties.

CCEDU appreciates the continued need or affirmativeaction to correct historical gender imbalances and thusthe need to make the above proposal an exception todistrict emale MPs, youth MPs and PWDs MPs.

5. Strict Principles Governing the Professional Involvement of the UgandaPeoples’ Defence Forces in the Maintainace of Electoral Security andthe Impartiality of the Uganda Police Force

Current Position: Article 42 o the Uganda People’s Deence ForcesAct, 2005 provides or the availability o the DeenceForces, and any officer or militant to be called orservice in aid o the civil power (such as UgandaPolice Force). Tis provision is in the probable evento a riot or disturbance o the peace which is likelyto be beyond the powers o the civil power (UgandaPolice Force) to suppress or prevent.

Review Proposal(s): CCEDU recommends that Section 42 o the UgandaPeople’s Deence Act, 2005 be amended to includeclear, speciic benchmarks and principles that warrant and govern the Deence Forces’ proessionalinvolvement in the management o public order whileaiding the civil power. Tese should include the extentto which the UPDF is involved in the managemento electoral security.


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CCEDU also proposes that a clause be introduced inthe Constitution o the Republic o Uganda providingor the non-partisanship o the Uganda Police Force

just as is the case or the Uganda People’s DeenceForce (c.. Article 208 (2) o the C onstitution o theRepublic o Uganda).

Rationale: Although CCEDU recognizes the importantsupport role provided by the army to the police in themanagement o public order, it is important to adopt

clear principles that warrant and govern the army’sinvolvement in the management o electoral secur ity.

Judging rom past elections in Uganda, the PoliceForce has not yet embraced its constitutional role asan impartial enorcer agai nst breaches o the electorallaw. In past elections, the observable police partialityhas only served to rustrate citizens’ expectations ocompliance with the legal ramework.

6. Prohibition from Contesting or Holding Public Office for Persons who Commit Electoral Offences

Current Position: Te December, 2009 Human Rights Watch reporton Uganda documented the act that politically-motivated violence, intimidation, and the briberyo voters have marred previous national elections inUganda. However, accountability or such crimes has

been very weak. Impunity or past electoral violencehas been a major barrier to ree and air elections inUganda. Perpetrators rom all sides o the politicalspectrum have very rarely aced justice or crimescommitted in past elections.

Review Proposal(s): CCEDU proposes the prohibition o any person, political candidate or electoral official or party agent who has been adjudged to have been involved in anyelectoral raud or malpractice or who has conspiredin such raud or malpractices rom contesting anyelectoral office or holding a public office or at leasta period o ten years rom the date o the judgment oany court unless a decision is overturned by a superiorcourt. Tis prohibition specifically concerns a

candidate who was a deendant in a petition and whoseelection was annulled due to electoral malpractices in which they have been directly implicated.

Rationale: Te threat o a penalty will produce the effect ogeneral and specific prevention, making prospectiveoffenders think twice beore attempting to interere with the electoral process. Tis will also protect thereedom o expression o the voter and the ree and peaceul execution o the entire electoral process.

Recent elections have been marred by various electoraloffences committed by candidates, electoral officialsor party/candidate agents. Although some o thesehave been somewhat reprimanded, many o themhave been lef to go scot-ree.

7. Representation of the Runner-Up Presidential Candidate in Parliament

Current Position: Te current electora l laws in Uganda do not provideor any ramework or the representation o therunner-up presidential candidate in the parliamentdespite the significant vote margins that some o themattain afer a presidential election.


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No. Configuration Representative

1. Development Workers David Pulkol

2. Workers Union Irene Kaboole

3. Elderly Peter Nyakatura

4. Farmers James Waiswa

5. Faith Based Networks Philip Fred Kato

6. Media Moses Kajangu7. Youths Peter Barongo

8. PWDs Simon Bazekuketa

9. Private Sector Apollo Nyabwongo

10. Women Mary Natukunda

11. Human Rights Yusu Makweta

12. Health Samuel Kibanga

Appendices

Appendix 1Review Proposal(s): CCEDU proposes that through Article 78 (2)o the Constitution o the Republic o Uganda,

parliament reviews the composition o parliament with a view o creating a provision or the runner-up presidential candidate who has obtained a minimumthreshold o one third o the total valid votes cast in a presidential election to be represented as an ex-officioin parliament.

Rationale: he proposal seeks to redeine new national

benchmarks as regards to representation in parliamentby a nationally, representative alternative voice.

Tis proposal will serve to deepen representativegovernance.

8. Introduction of Campaign Spending Caps for All Elective Positions

Current Position: Te Presidential Elections (Ammendments) Act 2010,the Parliamentary Election (Ammendments) Act2010 and the Political Parties and Organisations(Amendment) Act, 2010 are silent on candidates’financial expenditures during campaign period.

Review Proposal(s): CCEDU recommends the review o the necessaryelectoral laws with a view o introducing campaignspending caps or all elective positions.

Rationale: Introducing campaign spending caps or all elective

positions will serve to reduce the gross monetizationo politics and elections as has been the case in previous elections.


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1. Advocates Coalition or Development and Environment (ACODE)2. Action Aid International Uganda (AAI-U)3. Uganda National NGO Forum (UNNGOF)4. Foundation or Human Rights Initiative (FHRI)5. Uganda Association o Women Lawyers (FIDA)-U6. Development Network o Indigenous Voluntary Association (DENIVA)7. Inter-Religious Council o Uganda (IRCU)8. Uganda Muslims Supreme Council (UMSC)9. Uganda Joint Christian Council (UJCC)

10. Community Development Resource Network (CDRN)11. Uganda Women Network (UWONE)12. Uganda Youth Network (UYONE)13. Action For Development (ACFODE)14. Forum or Women in Democracy (FOWODE)15. National Association o Women Organizations in Uganda (NAWOU)16. National Union o Disabled Persons o Uganda (NUDIPU)17. Uganda Law Society (ULS)18. Human Rights and Peace Center (HURIPEC)19. Uganda Media Development Foundation (UMDF)20. Human Rights or Journalists Network (HRJN)21. Uganda Parliamentary Press Association (UPPA)22. Uganda Journalists Association (UJA)23. Democracy Monitoring Group (Dem Group)24. National Union or Persons Living with HIV /AIDS in Uganda

(NAFOPHANU)

25. International Community o Women Living with HIV and AIDS EasternArica (ICWEA)26. Uganda National Association o the Dea (UNAD)27. Arican Leadership Institute (AFLI)28. East and Horn o Arica Human Rights Deenders Project (EHAHRDP)29. Rwenzori Civil Society Consortium (RWECO)30. Community Empowerment or Rural Development (CEFORD)31. Agency or Cooperation and Research Development (ACORD)32. Public Affairs Centre (PAC)33. Born Again Faith Federation (BAFFE)34. Uganda Civil Society Council or Development (UCCD)

The CCEDU Executive Members35. Coalition o Uganda Private Schools eachers Association (COUPSA)36. Rwenzori Peace Bridge o Reconciliation (RPBR)37. Harambe Girls’ Forum – Arica (HGF-A)38. Mission or Youth Rights (MYRIGHS)39. Uganda National Civic Education Consortium (UNACECO)40. Celebrate Arica (CA)41. Makerere University Office o the Human Rights Commissioner

(MUOHRC)42. East Arican Law Students Platorm (EALSP)43. Conflict Resolution by Youth (CRY - Uganda)44. Advocacy or Violence Free Elections (AFOVE)45. Rural Recreation Development Programme (RDP)46. Centre or Public Interest Litigation (CEPIL)47. Youth Net (YN)48. National Alliance For a Free and Fair Election (NAFFE)49. Democracy and Human Rights Foundation (DEHUFA)50. Young and Powerul Initiative (YAPI)51. Awake Ankole (AA)52. Renewed Effort to Alleviate Poverty (REAP)53. Buganda Maama Kwekulakulanya (BUMAK WE)54. Kumi District Union o Persons with Disability (KUDUP)55. Association or Integrated Community Development (AICODE)56. National Women Association or Social and Educational Advancement

(NWASEA)57. Women and Child Advocacy Networking (WACAN E)58. Community Initiative or the Empowerment o the Vulnerable People

(CIFOVUP)59. Participatory Initiative or Real Development (PIRD)60. Agency or Promoting Sustainable Development (ASDI)61. Apac Disabled Persons' Union (ADIPU)62. People’s Anti Corruption Organization (PACO)63. Entebbe Youth HIV/AIDS Malaria Prevention Organisation (EKYAMPO)64. Human Rights Deenders Solidarity Network (HRDSN)65. Youth Afer School Initiative (YASI)66. Masindi District NGO Forum (MDNGOF)67. Wakiso Youth Alliance (WYA)68. Sports Eye Foundation Uganda (SEFU)


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69. Namutumba District Civil Society Network (NDNGOF)70. Iganga District NGO Forum (IDNGOF)71. Kapchorwa Civil Society Organisations Alliance (KCSOA)72. Bidhampola Community Development Organisation (BICODA)73. Nakaseke Redeemed Church (NRC)74. Obukadde Kulaba Eldery Persons Association (OKEPA)75. Kick Corruption out o Kigezi (KICK)76. Inter Christian Born Again International Ministries (ICABAIM)77. Arican Youth Peace Initiatives (AYPI)78. Human Rights arget (HURIA)79. Human Rights Deenders (HRDS NE)80. Community Initiative or Empowerment o Vulnerable People

(CIFOVUP)81. Mukono Youth Development Initiative (MUYODI)82. Bazeeyi Kwagalana Developent Group83. Action Group or Human Rights and HIV / AIDS (AGHA)84. Bidhampola Community Development Association (BICODA)85. Kamuli District NGO Forum (KADI NGOF)


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