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Constitutional reforms: CSOs are not late

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Author: Chris Nkwatsibwe. PHOTO/COURTESY

On September 2, the Daily Monitor published an article titled "Have CSOs joined the electoral reforms debate late?” The premise that CSOs have only recently ignited the debate on constitutional reforms is grossly far from the truth. Civil society organisations (CSOs) have long been at the forefront of advocating for comprehensive electoral reforms in Uganda. They have persistently been vocal about the need for reforms, often facing significant resistance from both the government and Parliament. The real issue, therefore, is not the timing of the CSOs' involvement but rather the intransigence of those responsible for enacting the reforms, who have consistently ignored or undermined these efforts.

In 2014, for example, CSOs joined efforts with political actors, and religious and cultural leaders to conduct nationwide public consultations on constitutional reforms.

The outcome of these consultations was the Citizens’ Compact for Free and Fair Elections. This compact was presented to Parliament and the Law Reform Commission. Despite its significance, the reforms were not considered. Since then, numerous attempts have been made by CSOs, opposition groups, the Constitutional Court, and development partners to push for meaningful reforms.

The current debate on electoral reforms, led by the Uganda National NGO Forum under the auspices of the Strengthening Citizens’ Engagement in Elections Activitycbuilds on these earlier efforts. Since the 2021 general elections, a wide range of citizen consultations have been held to ascertain whether the 2014 consensus is still pertaining. Over 2,000,000 Ugandans have been directly engaged through these consultations across Uganda’s 14 sub-regions. The findings have been validated through district and regional stakeholder meetings, involving a broad spectrum of actors.

Despite these extensive efforts, the government’s response has been passive. The Minister of Justice and Constitutional Affairs, despite promising a constitutional review commission after his appointment, has failed to introduce any substantial reforms, citing a lack of funds. This excuse is hollow given Parliament’s recent history of allocating resources to less critical initiatives. The recent attempt by the Leader of the Opposition to push for reforms alongside the rationalisation Bills recently introduced by the government was also thwarted by the Speaker of Parliament.

There is a consensus that Uganda’s electoral and governance system is flawed, produces contested outcomes, and is in urgent need of reform. The ongoing campaign for electoral reform is not only about fixing procedural issues but also ensuring that the normative framework for the conduct of elections and public affairs is both impersonal and fair. It is to make the argument given the flaws in our current governance and electoral system, our electoral processes can only be meaningful, only if, electoral reforms are instituted. It is this argument that every well-meaning Ugandan joins the demand for reforms ahead of the coming elections.

CSOs have been, and continue to be, at the forefront of this effort in Uganda. The narrative that they have joined the debate late is a distraction from the real issue: the entrenched resistance of those in power to any meaningful change. The focus should not be on questioning the timing of CSOs' involvement but rather on demanding accountability from the government and Parliament, who has consistently failed to act in the best interests of the Ugandan people. The real issue lies with the government's and parliament's refusal to engage meaningfully with these recommendations.

Chris Nkwatsibwe is the Deputy Chief of Party for the Strengthening Citizens Engagement in Elections (SCENE) Activity and Team Leader, Policy Governance and Engagement at the Uganda National NGO Forum (UNNGOF)