UGANDA'S FLAWED ELECTIONS: Commonwealth observers give their verdict

No single issue has bedeviled this election more than that nominations. Because of its potential impact on the political arithmetic of the outcome, the unopposed return .of candidates from as many as 17 out of 126 constituencies was bound to cause concern. That they belonged to one party only heightened the suspicions and doubts of the others. It is therefore necessary to deal with the nominations question in some detail.

5. In a number of cases, prospective candidates were denied nomination because of their failure to produce the necessary educational and language certificates. As this was a technical requirement of the law, irrespective of the status of the nominee, no further comment need be made at this stage.

6. In a number of others, prospective candidates were disqualified because of late arrival or a failure to show up at all. The parties concerned complained that they had either been detained or forcibly prevented from presenting themselves. With one exception, we failed to receive any response from the authorities to whom we referred these allegations. We note, however, that only the candidates of one party appear to have experienced no security or other difficulties on their way to nomination centers.

7. In the case of the 5 unopposed returns from the West Nile District of Arua, the critical factor was a failure to produce the necessary income tax clearance certificates. The Electoral commission confirmed to us that it had verbally granted a temporary deferment to the candidates, who, in the event, were disqualified by the Returning Officer. We are unable to ascertain under what legal authority the Electoral Commission was competent to grant such a deferment. Its advice, however well intentioned, proved fatal to the interests of the party concerned.

8. There have been in all, a total of 6 unopposed returns from the West Nile Districts of Arua and Moyo. Leaving aside the question of income tax clearance certificates to which we| have already referred, it was urged before us that all nominations in these two Districts were void ab initio by virtue of Section 20 of the National Assembly (Elections) Act 1957, which requires every nomination to be proposed, seconded and support in writing by a total of at least twelve voters registered in I the constituency. Having regard to the fact that under Uganda law the decision of a Returning Officer is final and can only challenged in the High Court, it is not for us to pronounce on the legal issues involved. Nevertheless, we wish to place on record that we have satisfied ourselves, as the result of a visit to Arua by some members of the Group, that no register of voters existed in the form required; that invasion and a disturbed security situation brought registration to an abrupt halt within a day or two of its commencement, and that Arua District at the -time of their visit was overwhelmingly depopulated.

9. In Kasese District, all three candidates of one party whose nominations had been formally notified many days earlier were peremptorily disqualified by the Electoral Commission on 8 December, 1980, less than two days before polling commenced.
According to the Commission, the reason for its intervention was that these particular nominations had been filed after 12 noon on 25th November, immediate enquiries on the spot by members of the. Group established to our satisfaction that the nominations had in fact been lodged in time. Our urgent efforts to secure redress proved of no avail.

10. Viewing the matter in its totality, and after making due allowance for the superior organization of the party securing all the unopposed returns, the Group cannot avoid a feeling of deep unease.
11. One of our principal concerns has been to see whether there has been freedom of movement and expression during the election campaign. We have been impressed by the political awareness of the people of Uganda.

Transcending all their differences has been an overriding concern that this election should mark a turning point in Uganda's history, ushering in peace, stability and economic progress.

12. We have been impressed, too, by the sober and constructive attitude of all the party leaders. Intimidation or coercion has not been a significant factor in this election and, outside parts of West Nile, no party has experienced undue difficulty in being able to campaign freely throughout the country. There has been some violence but overall at a much lower level than we would have expected-in the circumstances of an anxious population and an abundance of arms. In the main, the campaign itself has been vigorous, free and open with many party newspapers canvassing all shades of political opinion.

This has been supplemented by the strong oral tradition of Ugandan society, with each party relying on the bush telegraph to transmit its message and mobilize support. Although the publicly owned media have not been as even handed as would have been desirable, we are satisfied that all the parties have been given reasonable opportunity to present their case to the electorate ad to solicit its support.

13. The Group has taken a close interest in every aspect of polling procedures and, at its insistence, all four parties have been associated by the Electoral Commission with arrangements for the distribution of election material to the polling stations. There have been acute logistical difficulties on account of a shortage of vehicles and fuel, resulting in disruption and considerable delays in various parts of the country on polling day. These are likely to have affected all parties.

14. In the capital city of Kampala, however, polling arrangements have been seriously marred by inordinate and inexcusable delays. In a number of stations, polling had not commenced till late in the afternoon, and in some not even at the scheduled hour of closure. It would be difficult to believe that this has been wholly the result of mere incompetence.

15. The period fixed for the poll ended in confusion. In the afternoon, a radio announcement by the Electoral Commission extended the poll till 2 p.m. on 11 December and officials were instructed to sleep overnight with their ballot boxes even where polling was complete and without being offered adequate security. We were besieged by telephone calls from fearful polling staff, party agents and an irate and suspicious electorate, but our observations so far this morning suggest that the evening may have passed without major problems. In many parts of the country, counting had already commenced on 10 December in ignorance of the Electoral Commission's announcement.

16. In all the circumstances, the polling arrangements outside Kampala appear to have been adequate, with commendable efficiency evident in many constituencies. The poll itself has proceeded smoothly once the balloting materials arrived. The pervasive presence of party agents from start to finish, the spirit of co-operation among them, and the procedure for counting of ballots at each polling station on the conclusion of the poll have sustained and reinforced the confidence of the parties and the electorate in the essential fairness of the process. The last-minute extension of the poll has, of course, introduced a new factor whose full effects on the count we are not yet in a position to assess.

17. We appreciate the positive measures taken by the Chairman of the Military Commission to remove road blocks and confine the military to barracks. Apart from facilitating access to the polls, they greatly enhanced the psychological. atmosphere in which polling took place. We commend the Ugandan police for their contribution to the success achieved.

18. If this election has in a sense been a striving for the impossible, the degree to which it has succeeded must primarily be attributed to the people of Uganda. The remarkably high turnout of voters, their enthusiastic but orderly behaviour, and their palpable wish to be masters of their destiny constitute a great act of affirmation in the democratic process.

19. The Group as a whole is continuing to monitor the count and our final view must be contingent on how it is conducted and how ballot boxes were stored overnight. At this stage, however, despite the imperfections and deficiencies to which we have drawn attention, and subject to the concern expressed on the question of nominations and unopposed returns, we believe this has been a valid electoral exercise which should broadly reflect the freely expressed choice of the people of Uganda.