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.

108. Because of the special characteristics of the act of voting in the multiple box system, we paid special attention to the privacy of polling booths during our visits to polling stations and discussions with voters on the question of the secrecy of the poll. Although there were some polling booths where the degree of privacy was less than we would have wished, in the very great majority a voter could cast his ballot in complete secrecy. More importantly, we found that the electorate as a whole was convinced that voting would indeed be secret.

109. Prior to the commencement of the poll, we had expressed reservations about the degree of training polling staff had received. We were delighted to have our fears confounded for the most part. Although in some polling stations a combination of inexperience, incompetence and sheer nervousness hindered the efficient processing of voters, in the great majority of polling stations polling staff displayed not only competence and sustained concentration, but also flair and imagination.

Loopholes
For example, a large number of presiding officers found themselves inappropriately equipped to discharge their functions. Those without validating stamps either perforated voters' registration cards with a punch or made a tear to show that they had been used. Party posters were substituted on ballot boxes for official labels when these were missing. Few of the polling stations had sufficient official labels for one to be placed inside each box as well as on the outside as a protection against the switching of labels.

To overcome this party agents placed appropriately worded slips of paper inside the boxes. Those without ink pads for their stamps improvised by inserting cardboard or rags dipped in indelible ink.

Where seals were missing, the keys of padlocks were entrusted to the respective party polling agents and where ballot boxes had not been inscribed with serial numbers, the serial numbers on their padlocks were often recorded.

110. This happy spirit of enterprise and co-operation between polling staff and party agents redeemed many of the other deficiencies and provided re-assurance regarding the integrity of the poll as a whole.

111. Polling stations were located in a variety of settings. Some were in schools, some in government offices, some in the open air.
Some were sheltered under verandahs, some under 'thatched canopies. A number of' polling stations we visited were ill-suited for the people at the rate required. Some used the entrance door also as an exit.

Others had the ballot boxes in a separate room with two doors so that a person waiting to enter the room to vote had no idea how long he should wait or whether the person ahead of him had long since left the booth. In one polling station voters had to use a window as their exit. Despite physical difficulties, the voting proceeded surprisingly smoothly.

112. On the whole intelligent use was made of the space available and the rate at which voters were processed again proved our earlier fears unjustified.

113. Overshadowing all else on 10 December was unpardonable and inexcusable delay in the opening of many polling stations, most conspicuously around Kampala. This was repeated, but was more understandable, in areas further afield. In Mbarara voting proceeded, when it finally got under way in the afternoon, on the basis of the provisional registers as copies of the official register proved unavailable. It is nonetheless a fact that many polling stations opened at about the appointed hour.

114. The confusion which marked the early hours of the poll in many districts constrasted with the demeanour of the voters themselves.
They turned out in very great numbers at dawn and waited with admirable patience and, at times, resignation, but always with dignity, to exercise the right they had been denied for a generation.

One voter, who had been in line for 16 hours to vote without food or other refreshment, simply commented "16 hours is not very long when you have already been waiting for almost 20 years". Particularly poignant was the sight of mothers with young babies who, like others, had gone to polling stations expecting to be able to vote promptly and return home.

115. The patience and forbearance of the voters were testimony to the depth of their dedication to the democratic process.
116. As we travelled from polling station to polling station on the morning of 10 December we were struck by the emptiness of the streets of cities and villages alike. All were deserted in favour of the hive of activity around the polling stations.

117. We were moved by the warmth of the welcome accorded us wherever we went and by the degree of co-operation extended to us by presiding officers and their staff. None of us will ever forget the affection and trust we were privileged to receive. 118. It was clear beyond doubt that the populace at large was voting in an atmosphere devoid of coercion and intimidation, and were doing so freely and in assured secrecy for the candidates of their choice. As mentioned earlier, this was facilitated in large measure by the decision of the Military Commission to confine the Army to its barracks and to remove road blocks. The size of the turnout belied any suggestion that people were unable to exercise their franchise freely.

Turnout great
119. Indeed, so great was the turnout everywhere that in one polling station"in Mpigi, .the presiding officer when presenting details of the count to the returning officer also handed him a list of those on his register who had not voted together with reasons illness, absence, demise etc. - why they had not been able to. Deliberate abstention appeared to be singularly absent.

120. The poll was scheduled to end at 6 p.m. on 10 December. Because of the late start in many districts, the Electoral Commission decided to extend the poll to 2 p.m. on 11 December, and at 5 p.m. broadcast a radio announcement to this effect. At the same time, the announcement directed presiding officers not to commence the count, as previously communicated, even though at a significant number of polling stations everyone wishing to vote there had already done so.

121. The announcement did not come in time to prevent the count taking place in a number of polling stations, and in others it gave rise to immediate fears as to the security of both ballot boxes and polling staff throughout the night. The announcement directed polling staff to stay with ballot boxes in polling stations overnight, and many to whom we spoke were plainly apprehensive as to their personal safety in the absence of adequate arrangements for security. At the request of a number of presiding officers, small military detachments were sent to some polling stations to mount guard during the night. Polling agents, too, sat with the boxes during this time. Some boxes were removed into protective custody, with polling agents being taken along to stay with them.

122. On our visits to polling stations on the morning of 11 December we made a special point of ascertaining the manner In which the ballot boxes had been cared for overnight, and whether any polling agents or polling staff were dissatisfied or suspected that the boxes might have been interfered with.

In no instance was any suggestion of this made to us. There had been in some instances some misunderstandings when the army arrived to protect the ballot boxes, but these had been allayed.

123. Polling on the morning of the 11 December was heavy in those polling stations which had suffered serious delays on the previous day, but there was virtually no polling in many others.
In most polling stations through out the country the count began at or shortly after 2 p.m. on 11 December.

124. Before we leave the question of the poll we would note that the arrangements in the two constituencies in Nebbi proved woefully inadequate.
Ballot papers sufficient for only about three quarters of the voters on the register were distributed to polling stations, with the result that a substantial segment of the electorate was effectively disenfranchised.

Inevitably this gave rise to suggestions that the returning officer may have been selective in determining those areas in .which sufficient supplies of papers would be sent and those areas o which they would not.

125. In the Kampala district, especially in Kampala East and ampala North, allegations were made that polling stations in areas where the DP was known to have considerable support were deliberately supplied with their materials only after others have been served.

Their doubts
Certainly we find it difficult to believe that mere incompetence could account for unconscionable delays in supplying polling materials to polling stations within a few minutes drive of the returning officer's premises. For example, at a polling station at Ntindi, some 15 minutes or so from the heart of Kampala, polling did not commence until 5.50 p.m. We were subsequently informed that the returning officer for Kampala was being questioned by the police.

126. We would also record that at Ndeeba, in Kampala West, the presiding officer was arrested by the police responsible for the polling station there after complaints that he had been accompanying voters into the polling booth and directing them to place their papers in the UPC box.

The alleged actions caused considerable resentment in the vicinity of the polling station and resulted in one of the UPC party agents being assaulted by the crowd.

127. In spite of its small size and the inadequate facilities at its disposal, we were greatly impressed by the calm and efficient manner in which the Uganda Police discharged its duties amidst the pressures and excitement of polling day. Its relations with, and handling of, the enormous crowds of voters were exemplary.