Letter to President on electoral reforms and national dialogue

This letter is written with a profound appreciation that this year, 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-electionsas well as possible Local Council I and 2 elections alongside the possibility of a national referendum.

In order to deliver a cost-effective and democratic electoral process that will enlist the con
fidence 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 uphold 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 to a transparent and accountable electoral framework persist.

Since 2001, election observers, political organisations, civil society and 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, nearly two decades later, with significant implications for our growth as a nation.
Mr President, 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.

Mr President, after the 2016 general elections, the Judiciary received about 118 parliamentary election petitions, accounting for about 30 per cent of the composition of the 10th Parliament. Contestations were as a result of widespread perceptions that elections were marred with irregularities and electoral malpractices hence 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 vs Museveni & Others) acknowledged electoral reforms as a prerequisite for free and fair elections and made some recommendations. Low voter turn-out, high cost of elections, unprecedented numbers of spoilt ballot papers in elections, voter apathy, 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 election cost more than Shs400b. However, had Uganda, for instance, aptly reformed its electoral process and deployed necessary technology, the cost would have essentially been lowered by more than 60 per cent. Technology is an example of a tool that when used 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.

Mr President, beyond the legislative and administrative tiers of reform, Uganda ought to invest robustly and strategically in civic education as a support measure for sustainable good electoral practices.
Crispin Kaheru, Coordinator, Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU)