TOWARDS PEACEFUL, FREE, FAIR AND

DEMOCRATIC 2011 ELECTIONS IN

UGANDA

An Analysis of Uganda’s Electoral Laws

Human Rights Network Uganda (HURINET-(U)

Plot 94 Old Kiira Road
P.O Box 21265
Kampala, Uganda
Table of Contents
List of Acronyms................................................................................................... 2
I. Introductory Remarks ........................................................................................ 3
II. Contextual Framework of the Study ................................................................. 4
a) The 1995 Constitution .................................................................................. 5
b) Electoral Commission Act............................................................................. 6
c) Political Parties and Organisations Act ......................................................... 6
d) Presidential & Parliamentary Elections Act................................................... 6
e) The Local Government Act........................................................................... 6
A. Standards of Free and Fair Elections............................................................... 7
III. An Overview of the Existing Legal Frame work visa avis Free and Fair Elections
............................................................................................................................. 7
a) Administration and Management of Elections; How independent is the
Commission? .................................................................................................... 7
b) Voter Registration....................................................................................... 10
c) Vote Tallying and Announcement of Results .............................................. 11
d) Electoral observers..................................................................................... 11
e) Resolution of Election Disputes .................................................................. 12
f) Financing of the Election ............................................................................. 14
g) Army Representation in Parliament ............................................................ 15
h) Presidential Term Limits ............................................................................. 16
i) Gaps within the Existing Legal Framework.................................................. 16
IV. Proposals for Reform: Towards an Efficient and Effective Electoral Legal Framework
........................................................................................................................... 17
V. Conclusion ..................................................................................................... 21

1
List of Acronyms

ACHPR – African Charter on Human and Peoples’ Rights

AU- African Unity

E.U – European Union

EC- Electoral Commission

FDC – Forum for Democratic Change

FHRI- Foundation for Human Rights Initiative

HURINET-U- Human Rights Network- Uganda

ICCPR – International Covenant on Civil and Political Rights

IPU- Inter Parliamentary Union

NRM- National Resistance Movement

OAU- Organisation of African Unity

ODM- Orange Democratic Movement

PPOA- Political Parties and Organisations Act

UDHR – Universal Declaration of Human Rights

UHRC – Uganda Human Rights Commission

UN – United Nations

UPC- Uganda People’s Congress

UPDF – Uganda Peoples’ Defence Forces

2
 An Analysis of Uganda’s Electoral Laws ahead of the 2011 Elections

Regular elections constitute a key element of the

democratization process and therefore, are essential
ingredients for good governance, the rule of law, the
maintenance and promotion of peace, security, stability and
development1

I. Introductory Remarks
Free and fair elections are key for any peaceful transition from one government to
another for they are readily acceptable. To that end, the right to vote is by far the
bedrock of any democratic society for it buttresses people’s participation in their
governance as well as enhances accountability.2 A disenfranchised population cannot
therefore be in position to influence policies that affect them. The need for a transparent
and effective process for election of representatives can therefore not be
overemphasized.

Flawed elections are a recipe for disaster and violence more so in Africa where
elections are characterized by massive rigging and electoral violence which often spark
off post election crises. Africa has for long been known for flawed elections, the most
recent being reported in Zimbabwe and Kenya which for long had been heralded as
emerging and progressive African countries. In Kenya, the loss of ODM, the major
political party sparked off massive protests and electoral violence which the world is yet
to come to terms with.

Uganda has also had her share of failed elections prominent of which were the 1980
elections which led the current NRM government to take up arms against the UPC
government. Although the subsequent 1996 elections can pass as having been free and

1
See Article 2 (2), OAU/AU Declaration on the Principles Governing Democratic Elections in Africa -
AHG/Decl. 1 (XXXVIIIi), 2002
2
See Schumpeter, J. (1942). Capitalism, socialization and democracy. London: Allen and Unwin

3
fair to a large extent, the 2001 and 2006 cannot be said to have been free and fair given
that they were both challenged before the Supreme Court with the court holding on both
occasions, the electoral process was marred by irregularities although they were not
substantive to annul the election. As a result the key opposition leader has vowed never
to petition court again and most recently one of the senior members of the bench
observed that the court erred in not annulling the 2006 election after finding that the
process was marred by irregularities.3

Following the 2005 Referendum, Uganda transited from the movement system to
multiparty dispensation. To many, the country was seen to have reached the epitome of
democracy although a few years down the road there is still no leveled ground for
political parties. Many see the reigning NRM government as the sole beneficiary and at
an added advantage in this era of multi party dispensation. Multipartism has ushered in
new challenges some of which are deeply imbedded in existing law and it is not until
these challenges are wholesomely addressed that the country can have meaningful
political dispensation.

The 2011 elections present both challenges as well as an opportunity for Uganda to
show the whole world that she has achieved political maturity. This will however depend
on whether these elections will be handled in a free and fair environment. Given the
country’s current Electoral Legal framework, it is close to impossible to have free and
fair elections. There is therefore need for reform of existing legislations to put them in
conformity with modern democratic practices.

This research is thus geared towards proposing concrete reforms for successful, free
and fair presidential, parliamentary and local government elections in 2001.

II. Contextual Framework of the Study

At international level, Uganda is party to the International Covenant on Civil Political
Rights (ICCPR) which guarantees the right to vote without discrimination on basis of

3
See Kanyeihamba: Court Messed up 2006 Petition, Monitor Interview with Justice Kanyeihamba, Daily
Monitor, June, 1 2009.

4
race, colour, sex, language, religion, political or other opinion, national, social origin,
property, birth or social status.4

In the same vein, Uganda is party to the African Charter on Human and Peoples Rights
(ACHPR) which also stresses principles upon which free and fair elections should be
conducted. These include establishment of an impartial and accountable electoral
institution, separation of powers, strict compliance with electoral laws, participation of all
political parties and prevention of illegal practices in the electoral process. Although
most of these attributes have been carried into the domestic legal framework that on the
outlook provides for universal adult suffrage, flaws in past elections demonstrate the
Uganda is yet to fully achieve these aspirations.

At domestic level, the electoral legal regime comprises of the 1995 Constitution of
Uganda, Electoral Commission Act5, Political Parties and Organisations Act,6
Presidential Elections Act7, Parliamentary Elections Act8 and the Local Government Act9

a) The 1995 Constitution

The 1995 constitution bestows power on the people and under the same Constitution
people’s will and consent on who shall govern them and how they should be governed,
shall be expressed through regular, free and fair elections.10 This article remarkably
buttresses the people’s right to participate in elections.
Similarly Article 59 of the same Constitution guarantees the peoples right to vote and
enjoins the state to take steps to ensure that all citizens qualified to vote register and
exercise the right to vote. To ensure that free and fair elections are indeed achieved,
the Electoral Commission is established as an independent body, to ensure regular free

4
See Article 2, ICCPR
5
Cap. 140 (as amended)
6
Act No. 18 of 2005
7
Act No. 16 of 2005.
8
Act No. 17 of 2005
9
Cap. 243 (as amended)
10
See Article 1, 1995 Constitution.

5
and fair elections, demarcate constituencies, declare election results, maintain a voter’s
register, adjudicate over election complaints and to implement voter education.11

b) Electoral Commission Act

The Electoral Commission Act in the main provides for the functions of the Electoral
Commission under the Constitution and other related matters. These include; regulation
of national voter registration and voter rolls; regulation of returning officers and other
election officers as well as boundary demarcation appeal tribunals.

c) Political Parties and Organisations Act

This Act makes provision for regulation, financing and functioning of political parties and
organizations, their formation, registration, membership and organization as provided
under the Constitution. The Act goes further to make provision for prescription of a code
of conduct for political parties and organizations as well as establishment of a national
consultation forum for political parties and organizations.

d) Presidential & Parliamentary Elections Act

The Presidential and Parliamentary Elections Acts regulate presidential and

parliamentary elections respectively. In the main they set qualifications of intending
candidates as well as disqualifications. Provision is also made for nomination,
campaigning, polling, vote counting, tallying and declaration of election results. The Acts
further put in place mechanisms for petitioning challenging election results. Other
matters provided for under these Acts include, election offences as well as tenure of
office for the respective candidates.

e) The Local Government Act

The Local Governments Act on the other hand substantially incorporates most
provisions of the Parliamentary Elections Act in as far as electoral regulation at local
council level is concerned. It lays down qualifications for Local Council representatives
and procedures for carrying out these elections. Glaringly however whereas both the
Presidential and Parliamentary Elections Acts have since been modified to make

11
See Article 60 and 61, 1995 Constitution.

6
provision for the new multiparty dispensation, the Local Government Act is yet to be
modified. Significantly, the Act does not provide for multiparty politics at LC 1 and LC 2
levels following the recent annulment of these provisions by the constitutional court.12

A. Standards of Free and Fair Elections

To appreciate whether a particular legal frame work comprehensively encourages free
and fair elections, it is important to take into consideration the ten standards of free and
fair elections as identified by the 1994 Inter- Parliamentary Union.13 These were
identified to include; electoral law and periodic elections, the right to vote, constituency
delimitation, election management, voter registration, civic education participation of
candidates and political parties, electoral campaigns, balloting and monitoring and
complaints and dispute resolution.

A fair electoral system should also strive to achieve; Fairness between political parties;
Effective representation of minority and special interest groups; Political Integration;
Effective representation of constituents; Effective voter participation; Effective
government; Effective Parliament; Effective parties and Legitimacy.
As already pointed out, these standards can only be achieved where there is a
comprehensive and effective electoral legal framework in place which Uganda is yet to
have. This is attributable to the fact that both the 2001 and 2006 elections were widely
disputed with court finding on both occasions that the electoral process was marred by
many irregularities.

III. An Overview of the Existing Legal Frame work visa avis Free and Fair
Elections

a) Administration and Management of Elections; How independent is the

Commission?
Administration and management of elections is key in achieving free and fair elections
since it influences registration of voters, poll conduct, regulation of parties and
candidates as well as the final declaration of results, all prerequisites for free and fair

12
See Major Rubaramira Ruranga v. Attorney General, Const. Pet. No. 8 of 2006
13
See Guy S. Goodwin- Gill (2006), “Free and Fair Elections” Inter-Parliamentary Union (IPU)

7
elections. In the case of Uganda the role of administration and management is charged
with the Electoral Commission established under Article 60 of the Constitution and
regulated under the Electoral Commission Act. The Electoral Commission comprises of
the Chairman, deputy chairperson and five other members appointed by the president.14

It should also be noted that Members of the Commission may be removed from office
by the president on grounds of mental incapacitation, incompetence and misconduct.15
These provisions may be subject of abuse by the appointing authority to appoint his
own supporters and to unfairly remove a member of the commission who does not
share the same ideas with the appointing authority.

Secondly, under this provision, the security of tenure of members of the commission is
left at the mercy of the appointing authority i.e. the President.16 Commissioners
therefore risk serving according to the whims the appointing authority rather than
executing their duly designated duties. These provisions as to appointment of members
of the commission therefore undermine the independence of the commission especially
where the appointing authority is also a candidate. Even then, some of the
Commissioners have been reported to be linked to the Incumbent NRM government.17
This fact even the courts of law have observed thus Justice George Kanyeihamba
observed;

Non- compliance with and violations of the principles of the constitution,

the Presidential Elections Act and the Electoral Commission Act, which
this court has found to have occurred [and were] caused principally by the
continued existence and sustenance of electoral structures created and

14
See Article 60 (1) of the Constitution
15
Article 60 and 61 of the Constitution
16
Under Article 46 of the Ghanaian Constitution, the EC is not subject to the direction or control of any
person or authority. EC chairpersons enjoy permanent tenure of office and are subject to same conditions
of service as justices of the Superior Courts.
17
It was reported that the current chairman of the commission served as chairperson of one of the NRM
Committees while another Commissioner was allegedly appointed after failing to win an election on the
NRM Party ticket. See FHRI (2008), Electoral Reforms in Uganda 2008, Report of the Period July-
December 2008, pg 24

8
 personnel appointed originally to serve one political organization, being
called upon and entrusted with, in 2006, to organize and conduct elections
in which more than one political party…were seriously and acrimoniously
competing …the partisan nature and behaviour of the national electoral
agents…to the extent of showing bias and in some instances, open
animosity while actively working for and favouring one set of
candidates…[This] can only be of the greatest national concern.18

Further on impartiality of commissioners, the EU Observer Mission noted that;

Despite the efforts of the Electoral Commission to demonstrate

independence from the Executive, it did not retain the full confidence of all
political parties, even after establishing an inter-party liaison committees
and showing flexibility and a high degree of even handedness in dealing
with complaints and concerns from political parties.19

In multiparty dispensation, it is only fair that the various political parties each appoint a
Commissioner as opposed to the president who belongs to only one political party. It is
close to impossible for the appointing authority to appoint impartial commissioners
especially where such an authority has vested interests in the presidency. With
representation of all key parties however, a semblance of balancing of interests can be
created. To this end it has been observed that “voter confidence will only likely be
inspired if opposition party representatives are co-opted into election administration”.20
According to IPU’s Standards, it is essential in transition from one party to multi party
systems in electoral democracy for opposition parties to believe in the impartiality of an
election commission. This can only be achieved where the various parties are
represented on the Commission.

18
Judgment of Kanyeihamba JSC, Dr. Kizza Besigye v. The Electoral Commission and Yoweri Kaguta
Museveni, Presidential Election Petition No. 1 of 2006.
19
EU Election Observer Mission, Uganda 2006, Final Report on the Presidential and Parliamentary
Elections.
20
IPU Report Ibid 122

9
It would only be fair where commissioners are selected by a committee of parliament or
another independent body like the judicial service commission. A vivid example of an
African country where commissioners are nominated by a committee of parliament and
approved by the president is Zimbabwe.21 As already observed above, where members
of the commission are single handedly appointed by the President, it is unexpected that
they will discharge their duties impartially and independently. The law should thus be
reformed to empower a select committee of parliament to appoint members of the
Commission as opposed to the president.

On independence of the commission, other countries such as Costa Rica have gone
even beyond to establish an Electoral Commission independent of the other three
organs of government. In effect the Electoral Commission is the fourth branch of
government in these countries.22
Mere declaration of independence of the commission under the law is not enough.
Steps should be taken to guarantee this independence and impartiality. The law should
be amended to make provision for representation of the various political parties in the
commission if its independence and impartiality is to be guaranteed in the forth coming
2011 elections. Most viable, a select committee of parliament should be empowered
under the law to appoint members of the Commission. In the alternative, the law should
provide for appointment to the Commission of internationally respected and experienced
individuals to the Commission. This way, the independence and impartiality of the
Commission will be guaranteed.

b) Voter Registration
Provisions on voter registration should move beyond self registration to increased
government action, transparent procedures and active involvement of political parties
and special interest groups in promoting, monitoring and auditing the registration
process.23 Although under section 18 of the Electoral Commission Act, the commission

21
See Section 61 Zimbabwe Constitution (as amended)
22
Ibid
23
Where as IPU notes that self registration may be enough, it equally notes that these steps are key in
situations of transition. A country like Uganda currently transiting to multi party politics should thus adopt
such interventions more so in her electoral legal framework. See IPU Ibid 130

10
is enjoined to compile, maintain and update voter’s registers, this is different in practice.
Accurate voter registration is widely perceived as authoritative and legitimate and every
democratic aspiring country should strive to achieve accurate voter registration.

Uganda is far from achieving this attribute and it is therefore not surprising that the voter
registry contained multitude of errors during the 2006 elections. To this end the
Electoral Commission was accused of disenfranchising eligible voters by unreasonably
deleting their names from the Registry and relocating polling stations without providing
affected voters with sufficient notice.24 In fact the Electoral Commission itself admitted
that over 150,000 voters’ names were deleted from the register at the conclusion of
2006 elections.25

c) Vote Tallying and Announcement of Results

Tallying and announcement of results is a prerequisite for any free and fair election.
Whereas there are adequate provisions for this under the law, it is submitted that
custody of the tallied and announced results should be catered for under the law for
such is necessary in the event of a petition since previously there have been incidences
of manipulation of election results even after declaration of results.26 It is not enough for
the returning officer to be in charge of ballots after the election.27 Provision should be
made for entering such results into computer systems and custody.

d) Electoral observers
Election observation entails the purposeful gathering of information regarding an
electoral process and making informed judgments on the conduct of such process on
the basis of information collected, by persons who are not inherently authorized to

24
See Besigye Election Petition Ibid. see also CMI Report “Uganda’s 2006 Presidential and
Parliamentary Elections” 2. It was reported that 27% of the 553 registered voters in Kabonero, Masaka
were turned away by election officials on grounds that their names were not on the register yet they has
voters cards. Similar incidences were also reported in the districts of Kampala, Luwero, Kalangala,
Mukono and Jinja
25
Mugisha, Anne,etaal (2006), ‘EC Removed 150,000 voters’ New Vision March 28 2006.
26
Musoke Kibuka J., Byanyima Winnie V. Ngoma Ngime, Civil Revision No. 0009 of 2001
27
See Section 53 of the Presidential Elections Act for example, Returning officer is in charge of keeping
election materials and records until they are destroyed but the section does not provide for custody of
such materials. See also Section 52 Parliamentary Elections Act.

11
intervene in the process and whose involvement in mediation or technical assistance
activities should not jeopardize their main observation responsibilities.28

Whereas Section 16 of the Electoral Commission Act empowers the Electoral

Commission to accredit observers, the law is silent on the rights of observers to inspect
documents, attend meetings, observe election activities such as vote count and
tabulation and to obtain the relevant certified copies of documents at all levels.29
Provision should therefore be made on these rights of observers in the law ahead of the
2011 elections.

e) Resolution of Election Disputes

An effective legal framework should make provision for resolution of election disputes
since elections are potentially a conflict laden democratic event. For political actors,
having electoral related disputes resolved efficiently and within the shortest period of
time is what they desire if they are to accept the results as free and fair.

In the case of Uganda, both the Presidential and Parliamentary Elections Act make
provision for dispute resolution mechanisms.
Concerns however arise with regard to Section 59 (6) (a) of the Presidential Elections
Act. Under that section, a presidential election can only be annulled where it is proved
to the satisfaction of the court that non-compliance with provisions of the Act
substantially affected the result of the election. Glaringly, neither the Section, nor the
Act lays down the test of substantial effect. This lacuna has seen the Supreme Court on
two occasions stating that while the elections were marred by irregularities, such
irregularities did not substantially affect the election.30 In the 2006 petition,
Kanyeihamba JSC observed thus;

This court in this petition and in petition No. 1 of 2001 has raised the
standard of proof required for annulment of a presidential election far
beyond the capabilities and expectations of this nation to the extent that

28
International Institute for Democracy and Electoral Assistance, ‘International Electoral Standards:
Guidelines for Reviewing the Legal Framework of Elections.” 2002, 89.
29
Ibid 90
30
See Presidential Election Petitions No. 1of 200 1 and No.1 of 2006.

12
 makes it impossible to predict what may happen in future…for a result of a
presidential election petition to be flawed, the petitioner need only produce
evidence to prove that the constitution and laws of Uganda were violated
in a substantial way and this finding alone should lead the court to hold
that the results were affected in a ‘substantial’ manner. There can be no
mathematical formula to be used by Supreme Court justices in reaching
any decision on such petitions…in my view Section 59 (a) appears to have
no other purpose than to force judges to consider and reflect on possible
political consequences of their decision before making it… [and it)
compels judges to operate in near impossible circumstances and choices I
have described. Its bad law.

Section 59 (6) (a) should therefore be amended and the requirement of substantiality
done away with. An electoral irregularity is a wrong and to treat it otherwise behind the
cloak of ‘substantiality’ would tantamount to disenfranchising the voters. This is what
Section 59 (6) (a) inevitably and unfortunately does. The position of the law in this
section therefore defeats the purpose of Article 104 of the constitution in as far as it
makes it close to impossible for a presidential election to be nullified.

Similarly, the time for lodgment of a Presidential Election Petition is far too short to
achieve the intended objectives of the petition. Under Section 59 (2) of the Presidential
Election Act, a challenging presidential petition should be lodged with in 10 days after
declaration of the election results and determined within 30 days.31 On the other hand
under Section 60 (3) of the Parliamentary Elections Act, a petition challenging a
parliamentary election should be filed within 30 days.

It is submitted therefore that the time for lodgment of a Presidential Election Petition is
too unfair to the contesting party since it is inadequate for such a party to gather all the
evidence needed for the petition. Whereas parliamentary elections are limited to

31
Section 59 (3)

13
constituencies, presidential elections spread national wide and it is thus unfair that the
latter are given less time within which to lodge an application.32

Also the period of lodging a petition pursuant to section 138 (4) of the Local
Government Act should be extended from the current 14 days to at least a month to
allow gathering of evidence necessary for the petition.

f) Financing of the Election

Election financing is critical in every democracy more so in a multi party dispensation.
Whereas the Political Parties and Organisations Act makes no provision for state
funding of parties, it limits foreign funding.33 Under that Act, Political parties and
organizations are also required to disclose their sources of funding pursuant to Article
71 of the Constitution. Parties and organisations are not allowed to secure funding form
hostile nations but the challenge has been non submission of a list of hostile countries
as required under the law. This was the case in the 2006 elections.34

Equally important, state financing of political parties is critical in leveling the playing
ground and may be used as an incentive to encourage political parties to abide by
electoral laws since parties in violation of the law can be punished through the reduction
in public funds.35

Transition to multi party transition poses the challenge of unraveling resources of the
ruling party from those of the state. It has also been observed that free and fair elections
are less likely where the government denies financial resources to its opponents while
using all resources at its disposal to put the opposition at a disadvantage.36 This is
however the case in Uganda. Whereas Sections, 27 of the Presidential Elections Act,
25 of the Parliamentary Elections Act and 126 of the Local Governments Act forbid the

32
This provision is due to be challenged by the opposition. See Gerald Bareebe, (2009) Besigye: I’m
Back to Court over Poll, Monitor, June 2 2009.
33
See Section 14 of the Political Parties and Organisations Act 2005.
34
CEFIM P.iii
35
See FHRI Report Supra Pg. 70-71
36
See IPU 142

14
use of state resources in campaigns, government facilities ordinarily attached to and
utilized by the holder of that office are exempted.

This has the unfair effect of disadvantaging those who are not in government the bulk of
whom are the opposition. Taking the example of the 2006 Presidential Elections, the
incumbent was able to use the Presidential Press Unit and Helicopter to cover the
whole country in the designated campaign time of two months which the rest of the
candidates were unable to do. This put them at an unfair disadvantage.

These provisions of the law are vague in as far as they don’t define the term “ordinarily
attached to” and are therefore subject to abuse.37 Albeit the Minister of Public Service is
required to lay before parliament a list of such facilities, this was never done with the
undesirable effect of the President employing all state resources during his campaign.

g) Army Representation in Parliament

The army continues to be represented in parliament even under the new multiparty
dispensation. Article 78 (1) (c) of the Constitution still maintains army representation in
parliament. It is submitted that this provision contradicts Article 208 that in the main
provides for a non partisan force subordinate to civilian authority. It has been argued
that army representatives in parliament merely buttress numbers of the ruling party
hence portraying the army as partisan.38

Uganda has been reported to be the only country in the world with serving army officials
in parliament. This is irrespective of the fact that Section 16 of the Political Parties &
Organisations Act 2005 forbids army officers from participating in partisan politics. Army
representation in parliament under this multi party dispensation should be scrapped.

37 nd
Presidential Act is Vague, flouted. Sunday Monitor 22 January 2006 pg 10.
38
See Inter Party Cooperation Report, May 2009. see also Brigadier Henry Tumukunde v. Attorney
General & Electoral Commission Const. App. No. 2 of 2006

15
h) Presidential Term Limits
Presidential term limits guarantee smooth periodic change of leadership and
accountability to the electorate. Uganda has never experienced a peaceful transfer of
power form one president to another since independence. Cognizant of this fact, the
enactors of the 1995 Constitution made provision for term limits under Article 105. This
provision was however underhandedly subsequently amended to crap term limits.
Realizing that prolonged presidencies where incumbent presidents entrench themselves
in power against the will of the majority are a recipe of discontent, corruption, bad
governance and violence, presidential term limits are very critical. Unfortunately, Article
105 of the Constitution was amended ahead of the 2006 presidential elections to do
away with term limits.

i) Gaps within the Existing Legal Framework

An analysis of the law as it is has been made above, in this section it is sought to
examine aspects not covered by the law in its present form. The law as it is at present
does not make provision for electorates in the diaspora yet Ugandan law recognizes the
concept of dual citizenship. The law should therefore make provision for participation of
Ugandans in the diaspora in the electoral processes ahead of 2011.

This however can only be achieved where the voter register is computerized. Given that
a lot of inefficiencies in the election process have been attributed to faulty voter
registers, computerization of the voter register will go along way in solving some of
these intricacies.

The law also neither specifies the qualifications (academic and professional
experiences) for appointment of Returning Officers for each district, nor does it establish
the criteria for appointment of presiding officers and their assistants at polling stations.

16
IV. Proposals for Reform: Towards an Efficient and Effective Electoral Legal
Framework

 The appointment of members of the Commission should be vested in a

parliamentary select committee or any other independent body but not the
president. The role of the president should be merely to approve those appointed
for purposes of having a generally accepted commission.

 Dismissal of members of the Commission should also not be vested in the

president solely. It is proposed that the law should provide for either a select
committee of parliament or tribunal to determine matters of dismissal of
commissioners like it is with the Attorney General.

 It is also proposed that the duration of display of voter rolls under Section 25 (1)
of the Electoral Commission Act be extended from the current 21 days to at least
six months before the election to allow for adequate crosschecking of voters’
names. This way, even where a voter does not appear on the register, there is
adequate time to have such a voter re-registered.

 One of the functions of the commission under Article 61 (g) is to formulate civic
educational programmes in elections. This provision is reiterated in Section 12
(1) (g) of the Electoral Commission Act. Nonetheless it is apparent given the fact
that 4.06 % of the total votes cast in 2006 were invalid that there was inadequate
civic education. This the Commission blamed on budgetary constraints. It is
therefore proposed that the budget of the EC be increased to meet this objective.

17
  Pursuant to Article 71 (2) of the Constitution and Section 20 of the Political
Parties and Organisations Act (PPOA) 2005, the National Consultative Forum
should be established to facilitate and rejuvenate political parties’ participation in
elections. Such a Forum would be responsible for putting in place and ensuring
parties’ compliance with the established code of conduct; reporting parties’
complaints as well as resolving disputes arising between parties. What currently
exists is more of an informal inter- party dialogue which unlike the Forum cannot
adequately communicate with electoral authorities in the interest of political
parties.

 The enactment of the amendment to the Political Parties and Organisations Act
to provide for state funding of political parties should be expedited ahead of the
2011 elections.

 Efforts to have a Code of Conduct for political parties pursuant to Section 19 of

the PPOA should be rejuvenated ahead of the 2011 elections. Such a code
should provide for rights and duties of candidates and parties, organisations,
independent candidates while also recognizing the role of the EC.

 The law should make it mandatory for the Minister to submit a list of hostile
nations six months before the 2011 election to avoid manipulation of the
provision to the disadvantage of mainly the opposition.

 The question of interference of security operatives in elections should be

comprehensively addressed and discouraged. Whereas both the Presidential
and Parliamentary Elections Acts prohibit arms and ammunition within one
kilometer of polling stations, there were many reported incidences of these Acts
in the last 2006 elections.39 Although the Electoral Commission is empowered to
ensure security of the conduct of any election, this it can do with the Uganda

39
For example, the shooting at Bulange, Mengo resulting into death at a rally of one of the opposition
candidates. The accused Samson Magara has only been recently convicted to 14 years imprisonment.

18
 Police Force and it should only be in extreme cases that the army should be
involved given that the general perception is that the army serves the interest of
the incumbent.

 It is also proposed that army representation in parliament should be scrapped

under the existing multi party dispensation. The army is expected to be non-
partisan and this cannot be guaranteed where it remains represented in a multi
party parliament.

 The Local Government Act should be amended and modified to determine the
role and participation of political parties and organisations in the electoral
process. The Act should be amended to lay out elaborate procedures for
elections of LC 1 and LC 2 representatives as the existing provisions have been
pronounced to be inconsistent with the new multiparty dispensation.40 Similarly
the cut-off date for creation of new districts under the Act should be restricted to
at least one year before the elections.

 It is recommended that the relevant legal framework necessary for smooth 2011
elections be put in place earlier in time. Previously, the delay in assenting to the
Political Parties and Organizations Act had the effect of curtailing the activities of
political parties for they could not recruit members or even open up branches. It
is therefore not surprising that most of the parties were unable to present
candidates. Same challenges were experienced with the Presidential Elections
Act 2005 which came into operation in November 2005 yet nominations were
scheduled for January 2006 a period of 52 days yet the law required candidates
to resign within 90 days before the nomination. Delay in passing relevant laws
necessary for an election therefore has an effect on free and fair elections. To
this end Katureebe JSC observed thus;

40
See Major Rubaramira Ruranga v. Attorney General, Const. Pet. No. 8 of 2006

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 When the electoral laws are passed late and with little or no time to
correct anomalies and contradictions in them, the Electoral
Commission is left with no time to attend to all the issues and
problems that arise since it is trying to beat the constitutional
deadline of holding the elections.41

 Presidential term limits should be reinstated for they guarantee periodic change
of leadership and accountability to the electorate. Prolonged presidencies where
incumbent presidents entrench themselves in power against the will of the
majority are a recipe of discontent, corruption, bad governance and violence.

 To create a leveled ground more so between candidates from the ruling party
and those of the opposition, strict laws forbidding the use of public resources and
institutions should be enacted since the existing laws are vague and subject to
manipulation by the incumbent.

 Electoral reforms should not be limited only to electoral laws. Reforms are also
necessary in such laws like the Police Act and the Anti Terrorism Act which if
they remain as they are may be unjustly used to unfairly limit activities of most
especially the opposition parties in the upcoming 2011 elections. These laws
impede leveled ground and therefore free and fair elections.

 Given the record of the use of torture in the period preceding, during and after
the elections, the process of enacting the Prevention of Torture bill should be
accelerated to provide a mechanism for punishment of perpetrators of acts of
torture. The current penal laws don’t provide an adequate frame work for the
punishment of torture.

41
See Judgment of Bart Katureebe in Kizza Besigye v. EC & Y.K Museveni Supra

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 V. Conclusion
Uganda’s electoral laws perse do not inhibit the practice of free and fair elections. This
is attributable to the fact that most of the laws governing electoral practice are up to
date.42 The main challenge remains that they are largely rhetoric and election practice is
at variance with the law.

Clearly electoral reforms should go beyond Constitutional and legislative reforms if

Uganda is to achieve free and fair elections. In particular, free and fair elections can be
achieved where there is favorable political will by the incumbent. It is only
democratically oriented leaders who believe in free and fair elections that will strive to
have them. With growing cynicism, electoral apathy and distrust in the electoral system,
electoral reforms will go far in restoring voter confidence in the electoral process.

It is also hoped that Uganda will use the upcoming 2011 elections to demonstrate to the
whole world that it has come of full democratic age. This she can only do where there is
political will and where the necessary electoral reforms are put in place before the 2011
elections.

42
See for Example the Presidential and Parliamentary Elections Act 2005. These replaced the
Presidential and Parliamentary Elections Acts of 2001 respectively. See also, Uganda’s Electoral
Commission urges Reforms: America Should Follow the Uganda Example. Available on
http://www.velvetrevolution.us/electionstrikeforce/2009/02/ugandas_electoral_commission_u.html

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