Letter to the President on electoral reforms

Feb 26, 2018

The 2016 general elections cost over sh400b however, had Uganda, for instance, aptly reformed its electoral process and deployed necessary technology, the cost would have essentially been lowered by over 60%.

By Crispin Kaheru

Letter to the President on electoral reform, constitutional review and national dialogue processes

Your Excellency,

We write this letter with a profound appreciation that this year the Government plans to conduct elections in the six newly created districts of Nabilatuk, Bugweri, Kwani, Kapelebyong, Kasanda and Kikuube; elections will also be conducted to fill vacancies in about 259 of the (about) 1,403 sub-counties in Uganda.

Other elections envisaged include: parliamentary and local government by-elections, as well as possible local council I and II elections alongside the possibility of a national referendum. 

In order to deliver a cost-effective and democratic electoral process that will enlist the confidence of the wananchi to participate unimpeded in the different electoral processes, electoral reforms are a must. Mr President, we want to believe that it is because you clearly understand the importance of progressive political reforms that you rightly campaigned on the platform of instituting a constitutional review process.
 
Under chapter II of your 2016 - 2021 manifesto, the National Resistance Movement (NRM) commits to upholding the principle of democracy where citizens directly participate in regular, free and fair elections. Correspondingly, NRM has situated itself as the trustee and principal guarantor of vision 2040 in which the need for democracy is recognised as the anchor to transform Uganda.

Vision 2040 states that the Government will inter alia, enhance the legal and regulatory framework, covering the electoral process. In line with these commitments, the second National Development Plan (NDP II) recognises that without free and fair political and electoral processes, key development objectives cannot be achieved. To this end, the NDP II proposes to "enact laws to strengthen credibility of electoral processes in Uganda and citizen participation in the electoral process".

Mr President, we recognise that following the enactment of the 1995 Constitution, Uganda has held regular elections during the set constitutional time frames - every five years. Yet, since 2001, general elections in Uganda have ended in controversy. The 2001, 2006 and 2016 presidential elections culminated in court disputes while in 2011, elections ended in violent public demonstrations.

Despite your policy direction, concerns about your government's commitment towards a transparent and accountable electoral framework persist. Since 2001, election observers, political organisations, civil society organisations and private individuals have proposed electoral and constitutional reforms that would guarantee credible, free and fairer elections in Uganda. Despite their significance, many of the substantive and popular electoral reforms have not made it to the legislative agenda, close to two decades later, with significant implications for our growth as a nation.

Mr President, the Government's reluctance to consider popular progressive electoral reforms, in order to address electoral deficits that have afflicted previous elections, has dented the credibility of electoral processes. These persisting challenges undermine commitments in the NRM Manifesto, Vision 2040 and the NDP II and continue to paint elections as mere rituals that are incapable of translating the will of the citizenry into genuine democratic choice. It is not surprising that according to a recent survey conducted by a renowned research firm, Afrobarometer, only 22% of Ugandans believe that their country is either a full democracy or a democracy with minor problems.

The work of CCEDU has since 2009 affirmed the crucial need to address legal and political reforms. Through the Free and Fair Elections 2013/14 public consultations conducted countrywide, over 1,200,000 Ugandans directly endorsed the Citizens' Compact and the Citizens' Electoral Reform Agenda (CERA). In addition, a research conducted by Afrobarometer in 2015, indicated that 89% of Ugandans wanted electoral reforms before the 2016 elections.

Mr President, after the 2016 general elections, the Judiciary received approximately 118 parliamentary election petitions, accounting for about 30% of the composition of the tenth Parliament. Contestations were as a result of widespread perceptions that elections are marred with irregularities and electoral malpractices therefore, falling short of constitutional and internationally accepted standards of free, fair and credible elections. The Supreme Court ruling on the Presidential Election Petition No.1 of 2016 (Amama Mbabazi v Museveni & Ors) acknowledged electoral reforms as a prerequisite for free and fair elections and made some recommendations.

We acknowledge the reforms on voter registration, security of tenure of the Electoral Commission as well as other administrative and technological changes that have positively, albeit minimally, had impact on improving the integrity and outcome of elections. However, there remains a lot to be done in order to improve the credibility of the electoral process. The key to achieving the latter is a sound legal and institutional framework.

Low voter turnout, high cost of elections, unprecedented numbers of spoilt ballot papers in elections, voter apathy, incidents of electoral violence, voter disenfranchisement, vote rigging, vote buying and misuse of money during campaigns; all point to the urgent need of a solid legal, institutional and administrative framework for election management in Uganda.

The 2016 general elections cost over sh400b however, had Uganda, for instance, aptly reformed its electoral process and deployed necessary technology, the cost would have essentially been lowered by over 60%. Technology is an example of a tool which, when implemented properly, will broaden franchise, modernise elections, but most importantly cut the alarming election costs and increase transparency of the electoral process for the wananchi.

We hold the view that electoral reforms should be undertaken within the context of a constitutional review process, which facilitates a national conversation on our role as citizens, towards maintaining peace and ensuring the development of our country. A constitutional review process will allow for the re-examination and reform of other sectors such as security, public service, and judiciary that seem to have historically gratuitous influence over the conduct and verdict of elections in Uganda.

Your Excellency, beyond the legislative and administrative tiers of reform, Uganda ought to invest robustly and strategically in civic education as a support measure to sustainable good electoral practices. Civic education must integrate cognitive moral information which speaks to the prominence of the value of democracy, justice, peace alongside social values such as integrity, trust, honesty, patriotism and confidence which have over the years had a far-reaching impact on the nature of elections in Uganda. It must also be informed by our traditional values linked to social cohesion, productivity as well as law and order.

The writer is the co-ordinator of the Citizens' Coalition for Electoral Democracy in Uganda

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