UGANDA'S FLAWED ELECTIONS: Observers have their final say on the polls

Dear Secretary-General

Further to our Interim Report of 11 December, we now have pleasure in forwarding our Final Report on the recent elections in Uganda.

It has been a great privilege for us to have been of service to the Commonwealth and to the people of Uganda, and we wish to record our deep sense of gratitude to the Government of Uganda for its assistance in facilitating our task.

Ambassador Ebenezer M. Debrah (Ghana) (Chairman

FINAL REPORT

In our Interim Report issued before the count began we dealt with the major aspects of the electoral process up to the completion of polling. In this Report, we deal with some of these more fully and consider others not dealt with before, such as the count. ‘Now that the full electoral process has been completed, we shall deal with each issue in its overall perspective, and attempt to assess whether it influenced the outcome and, if so, to what extent.

Terms of Reference

2. The Observer Group was constituted by the Commonwealth Secretary-General after consultation with member countries. We served in our individual capacities, not as representatives of our Governments.

3. We were given the following terms of reference:
"The Observer Group will observe every relevant aspect of the organisation and conduct of the elections by the Electoral Commission in accordance with the law of Uganda relating to elections.

Their function will be to ascertain in their impartial judgement, whether, in the context of that law, the elections have been free and fair.
In furtherance of this objective, it will be competent for the Group to bring to the attention of the Electoral Commission or the Ugandan authorities from time to time such matters as they consider pertinent."

4. The Group was constituted on 21 November 1980. After assembling in London for an initial briefing, and having satisfied ourselves about the adequacy of arrangements for our work, we reached Kampala on 25 November. The Chairman preceded other Members by two days.

The Situation in Uganda

5. Nothing we had seen or read had quite prepared us for the conditions that we encountered. Within hours of our arrival the tragic legacy of the Amin years quickly became apparent; every day enlarged our consciousness of its extent. A once thriving and prosperous country of immense potential had been brought to ruin.

The signs of economic and social collapse were everywhere, as were the psychological traumas caused by exposure to brutality on a massive scale. It was clear from the outset that the election was being held in the most appallingly difficult circumstances for which we would have to make due allowance.

The Parties

6. Under agreed ground rules the elections were contested by the following four parties:
(i) The Conservative Party (CP), led by Mr. J.S. Mayanja-Nkangi
(ii) The Democratic Party (DP), led by Dr. Paul Ssemogerere
(iii) The Uganda People's Congress (UPC), led by Dr. A. Milton Obote, and
(iii) The Uganda People's Movement (UPM), led by Mr. Yoweri Museveni.
6. There were to be no independent candidates.

Method of Work
8. The Observer Group, preceded by a small advance party from the Secretariat, arrived in Kampala in two stages on 23 and 25 November followed by additional reinforcements on 5 December. At full strength we numbered 70. A list of our personnel appear at page (v).

9. We planned our operations carefully, with a view to maximising our physical coverage of the country and our ability to reach its most remote parts, while at the same time remaining in close touch with the Government, the Electoral Commission, and leaders and representatives of all four political parties.

10. In addition to our headquarters in Kampala we therefore established four outlying centres, in Mbale, Gulu, Fort Portal and Kabale. Each was manned throughout our stay in Uganda. Members of the Group rotated between them, viewing problems and events from the perspective of different parts of the country and at grass roots level.

These five centres were our key listening posts and greatly facilitated our travels in the regions which they served as well as making possible comprehensive deployment for polling day. Uganda was desperately short of vehicles and the telephone service was erratic. In the face of grave difficulties we were fortunate enough to be able to build up an independent air and land transport capability of significant size as well as our own radio links between Kampala and the other centres.

11. Immediately upon arrival we held detailed discussions with "the Chairman of the Military Commission, the Electoral Commission and the leaders of the political parties. These enabled us to '' identify rapidly matters which would require our close attention.

12. We made our presence known to the people of Uganda through a series of radio, television and newspaper announcements and through special markings on our vehicles. Our telephone numbers were also widely advertised.

13. Our doors were open to all. We received an incessant flow of visitors. In addition, we made it a point during our travels to meet a wide and random cross-section of the people of Uganda of all political persuasions, as indeed we were free to do.

14. On the eve of the poll our Members were spread right across the country, strategically placed to be present at polling stations well before they were due to open. We were able to sample the poll in 92 of the 109 constituencies in which a contest was taking place, and in the course of doing so visited no fewer than 1476 polling stations, almost a third of the total. Between us we travelled a total of 62,100 miles, of which 41,900 were by road and 20,200 miles by air.

15. In our view the sample we were able to take of polling stations over the period of the poll was both representative and significant, and fortifies us in the conclusions set out in this Report.

The Group's Role

16. We interpreted our Terms of Reference in a positive and dynamic manner, while always remaining mindful that we were in a sovereign state by invitation. Although our function was not to supervise but to observe the elections, we did not content ourselves with being passive spectators of events, but sought to influence them in a variety of ways. In doing so, we had not only to contend with historic rivalries predating the Amin regime, but with tensions and anxieties induced by the electoral process itself.

The principal parties profoundly mistrusted each other. There were continuing dangers almost to the end that some of them might withdraw from the election. We therefore saw it as our paramount duty to assist in the process of confidence building, to enlarge areas of agreement and, wherever possible, to bridge misunderstandings. Our very presence came to be a stabilising factor and a reassurance both to the parties and to the electorate as a whole.

17. We publish as Annex 1 to this Report our correspondence with the Military Commission, the Electoral Commission, and the leaders of the political parties on a range of issues. This speaks for itself, illustrating the initiatives we took and the manner in which we approached our work.

The Electoral Law

18. The law covering the conduct of the elections was the 1967 Constitution of the Republic of Uganda and the National Assembly (Elections) Act 1957. The 1957 Act had been amended in October 1980, in particular to enlarge the jurisdiction of the courts in dealing with electoral matters, to increase the number of party representatives participating in the polling process and to enhance substantially the penalties for offences under the Act.

19.Prior to the 1980 amendment, the decision of a returning officer as to the validity of a nomination paper was final and could not be questioned in any court proceedings. The repeal of this provision (Section 21(4)) had the effect of giving the courts jurisdiction they did not previously enjoy.

We attach considerable importance to this amendment both in itself and as evidence of the administration's willingness to have decisions of returning officers on nominations subjected to scrutiny by the courts. But for this amendment, aggrieved parties would have been denied any remedy on the question of improper rejection of the nomination papers of their candidates. We return to this vital point later in our Report when dealing with the question of nominations.

20. At the same time, by the National Assembly (Prescription of Elected Members) Statute 1980, the number of elected members to the National Assembly was increased from 82 to 126.

The Electoral Commission

21. The Electoral Commission of Uganda, established by the 1957 Act, was revived after having been moribund for many years. It was charged with exercising general direction and supervision over the administrative conduct of the elections and enforcing on the part of all election officers fairness, impartiality and compliance with the provisions of the Act. Its powers to do so were in practice severely circumscribed.

22. The six Members of the Commission and its Secretary were selected after consultations with the political parties. Some of the political parties considered that their views had not been adequately taken into account when the appointments were made.
Apart from the limited regional experience of the Chairman, Mr. K.M.S. Kikira, none of the Commissioners had any previous experience in organising national elections - the last election having been held as long ago as 1962.

23. The Commission was formally constituted on 25 June 1980 and held its first meeting on 2 July. Between then and 10 December the Commission was responsible for the demarcation of constituencies, the preparation of a national register of voters, nominations and the organisation and conduct of the poll, including the procurement and distribution of election material throughout the country. To attempt all this within the short space of about five months was clearly a herculean task, all the more so in Uganda's unsettled and disorganised conditions.

24. In discharging its work the Commission relied heavily on the existing machinery of a weakened district administration.

25. The 126 constituencies were divided between the 33 administrative districts in proportion to their estimated population, roughly on the basis of one constituency for each 100,000 of population.

26. While some criticism had been made earlier as to the rounding up and rounding down of population figures in the course of this exercise, such specific reservations as the parties themselves had were not placed before us, the demarcation having been accepted by them all long before our arrival. We do not feel competent to comment on the matter beyond noting that demarcation of constituencies is a notoriously difficult matter which seldom satisfies all parties.