UGANDA'S FLAWED ELECTIONS: Observers look at credibility of the polls

Today, Daily Monitor turns to the actual organisation and conduct of the poll

The Organisation and Conduct of the Poll

101. The organisation of this election was not a simple matter of administration or of the reactivation of an existing electoral machine. A condition antecedent to the Group's arrival in Uganda was agreement between the political parties on the ground rules for the election of which none was judged by most of them to be more fundamental to their participation than that ballots should be counted at polling stations immediately after the poll, rather than at a centralised point as provided by the existing law.

An agreement to this effect had been reached between the Chairman of the Military Commission and Dr Ssemogerere, the President General of the Democratic Party, in Dar es Salaam in mid-November, which was confirmed through a formal communication by the Chairman of the Military Commission-to Dr Ssemogerere on 18 November. At our first meeting with the DP on 26 November Mr Ssemogerere complained that formal instructions to this effect had not been issued to the Electoral Commission and the Electoral Commission confirmed this to be the case.

102. On this single issue hinged the whole credibility of the electoral exercise in the eyes of the Uganda electorate, and we therefore considered it our duty to pursue it as a matter of the highest priority. The implementation of the agreement required a series of amendments to the electoral law as it then stood, which made an early decision all the more important. We accordingly sought and on 1 December received an assurance from the Chairman of the Military Commission that the agreement on this issue would be honoured. This we formally conveyed both to the electoral Commission and to the leaders of the parties who had raised the matter with us.

103. On 6 December, we were astonished to learn that the Electoral Commission had, by a majority, urged the Military Commission that the count take place at a central point in each constituency, and not as previously agreed at individual polling stations. The DP immediately informed us that it would not participate in elections held on the basis of centralised counts and we considered our credibility and continued presence in Uganda to be in jeopardy.

We forthwith made this known to the Chairman of the Military Commission and the Electoral Commission and were relieved when the Electoral Commission that day issued a radio announcement informing the country for the first time that ballot papers would be counted at polling stations immediately after the close of the poll. This announcement was made less than three days before polling commenced. Practical difficulties had been cited by the Electoral Commission, primarily the absence of lighting facilities at polling stations in many parts of the country. Party officials assured us that their agents would carry lanterns to their polling stations, and happily they did so where this was necessary.

104. It was also clear to us at the outset that in the prevailing atmosphere of mistrust it was important for each party to participate in the electoral process through its polling agents to the maximum degree possible in order to satisfy itself as to the integrity of the poll and count. Although the law provides for each candidate to have a single polling agent at each polling station and confines his duties simply to the detection of personation, we were heartened by the fact that the Electoral Commission accepted our own expressed view on this matter. The law was not changed, but in practice each party was permitted to appoint two polling agents in respect of each polling station.
Not only did they participate in the inspection and sealing of the ballot boxes and in the count, but they were able to be present inside polling stations throughout the duration as the poll ran on to a second day, the overwhelming majority chose to sleep overnight with the ballot boxes.

Additionally, polling agents were involved in the distribution of polling material throughout the country by the Electoral Commission, starting at the point where the Commission took delivery of the ballot papers and other equipment from the British firm of security printers, Thomas de la Rue and Co.
There was thus no aspect of the conduct of the poll in which party representatives could not participate to the full. We were equally glad that the parties availed them selves of these opportunities, almost without exception, thus providing an inbuilt system of checks and balances.
105. On polling day we noted with satisfaction the manner in which party polling agents addressed themselves to their task.

Not only were they eager, conscientious and energetic, they showed qualities of co-operation and accommodation with each other and the polling officials that augurs well for the future" of any democracy.

A large number of polling stations lacked either seals or padlocks for the ballot boxes, and, additionally, party labels for the boxes were often in short supply. In no instances of which we 'were aware did a party agent adopt an obstructive attitude, although the law by its letter provided numerous opportunities for them to do so.

Perhaps the most remarkable example was a polling station in Hoima district. During the count it was discovered that none of the issued ballot papers had been stamped with the official stamp, and accordingly all should by law have been treated as spoilt ballots. It says much for the three losing parties at that polling station that their representatives swiftly agreed for matters to be put right by the presiding officer stamping each ballot paper and validating it retrospectively.

106. Not only did party participation in the process assist the parties themselves, it also assisted us in our own task by placing all the parties in an excellent position to draw' matters of concern to our attention. As we visited polling stations throughout the two days of the poll and during the count, we made it a point to seek out the polling agents and ask if all was well.

The complaints we received were few and far between. This participation became crucial when, by reason of the late start of the poll in many districts on 10 December, it was decided to extend the hours of the poll through to 2 p.m. on 11 December.

The ballot boxes thus had to be sealed and protected safely overnight. The presence of party agents with the boxes and their inspections of the seals made a major contribution to the removal of doubt as to the security of the boxes overnight.
107. Candidates were elected by constituencies on the basis of receiving the greatest number of votes cast. Up to four ballot boxes, one for each candidate contesting the constituency in question, were used. Having presented his voter's card and having had his name marked off the register, a voter dipped his finger in indelible purple ink and was handed a ballot paper, duly validated by the presiding officer's stamp. The voter then proceeded into a screened polling booth where in privacy he placed his ballot paper in the box of the candidate of his choice.