Election violence: what the law says?
KAMPALA:
The scenes of violent clashes in Ntungamo District last Sunday have tainted the presidential elections campaigns that have had a rather peaceful headway now in the sixth week.
While all the commentators preached restraint, some were quick to point out that the Ntungamo incident was merely a curtain-raiser to more violent scenes the country is yet to see in case certain behaviour of the candidates or supporters is not tamed.
What is election violence? Prof. Frederick Ssempebwa, in a paper titled “Avoiding Election Violence: What are the Prospects for Uganda,” delivered at the Benedicto Kiwanuka memorial lecture in October, indicated there seems to be consensus among observers that violence is not restricted to beatings, killings and displacements.
There are some laws in place that seek to tame this nasty occurrences that in worst case scenarios has led to loss of lives, destruction of property and human rights abuses in tending to contain the situations.
Article 23(3) of the Presidential Elections Act notes: A person shall not, while campaigning, use any language—
(a) Which constitutes incitement to public disorder, insurrection or violence or which threatens war; or
(b) Which is defamatory or insulting or which constitutes incitement to hatred.
Section (4) provides: A person who contravenes subsection (3) commits an offence and is liable, upon conviction—
(a) in case of an offence under subsection (3)(a), to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both; and
(b) in the case of an offence under subsection (3)(b), to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both.
Article 26 of the Presidential Elections Act on Interference with electioneering activities of other persons provides: A person who, before or during an election for the purpose of effecting or preventing the election of a candidate either directly or indirectly—
(a) by words, whether spoken or written, song, sign or any other representation or in any manner seeks to excite or promote disharmony, enmity or hatred against another person on grounds of sex, race, colour, ethnic origin, tribe, birth, creed or religion;
(b) organises a group of persons with the intention of training the group in the use of force, violence, abusive, insulting, corrupt or vituperative songs or language calculated to malign, disparage, condemn, insult or abuse another person or candidate or with a view to causing disharmony or a breach of the peace or to disturb public tranquillity so as to gain unfair advantage in the election over that other person or candidate;
(c) obstructs or interferes or attempts to obstruct or interfere with the free exercise of the franchise of a voter or compels or attempts to compel a voter to vote or to refrain from voting;
(d) compels, or attempts to compel a candidate to withdraw his or her candidature; in any manner threatens any candidate or voter with injury or harm of any kind; or
(f) induces or attempts to induce any candidate or voter to fear or believe that he or she will suffer illness or will become an object of divine, spiritual or fetish displeasure or censure; commits an offence and is liable on conviction to a fine not exceeding seventy two currency points or imprisonment not exceeding three years or both.
