Uganda goes to polls again in 2021 as a matter of law and not convenience.
The election cycle for the general elections is definite until this changes only under the exceptions provided for under the Constitution; state of emergency or state of war. As it stands, we are expected to go to polls by February 2021 and what is on the lips of every Ugandan and stakeholders is whether the elections will indeed take place.
Uganda too signed to the African Charter on Democracy Elections and Good Governance (ACDEG) in 2008 because our leaders believe in democracy that works for Africa. Chapters 4 and 7 of the ACDEG espouse principles of Democratic Elections such as popular participation through universal suffrage as the inalienable right of the people, the independence and impartiality of the Election Commission, allow observation of the elections among others.
Several things have happened since the 2016 general elections and we must therefore pay attention to some critical aspects; for the election is not an event but a process.
Any lessons from the 2016 General Elections?
2016 general elections presented several challenges and lessons ought to have been picked up by all those involved in Elections.
There were several observation missions both national, regional and global who made critical recommendations if Uganda is to improve in its elections. We all remember the switching off social media, how Mobile money and ATMs were not functional during elections and no explanation has been given to date. Is the same going to happen? Are we prepared for this once again?
It is still wrong to deprive citizens their right to access internet and social media as well as money for their survival and we hope we don’t get back to this. Who is keeping track of the recommendations made by the observation missions? Are we going to repeat the same mistakes? I think that this area has been heavily neglected and hopefully, we shall not repeat the same mistakes of 2016.
Credible Electoral Reforms
Several reforms since 2011 have been proposed and almost none of them have been implemented. These were further cemented by the Supreme Court ruling in the Presidential Petition No.1 of 2016 where Courts indicated the need to have reforms and that these reforms should be undertaken within two years of parliament siting.
It is barely a year to the next general elections, and we are still debating electoral reforms which is beyond the Supreme Court’s recommendations.
Electoral reforms are good for our electoral democracy and therefore I implore Parliament to expedite the processes and ensure wide public participation so that we can have the reform before the last quarter of the year to give room for commencement.
Consultations by Presidential Candidates
As it was in 2016, it seems the ghosts never died. Hon. Amama Mbabazi was stopped from conducting his consultations under the pretext of the Public Order and Management Act.
The running battles with police seem to never have ended when it turned out to be Hon. Kyagulanyi conducting his public consultations. Much as the law is not even clear on the explicit definition of consultations, it gives a listing of what one can do during the same.
It is unfortunate that up to this age, we are failing to let candidates do a simple thin-of consulting the public yet allowing some others. Police keep on citing the POMA, but a Parliamentary Act cannot override another Parliamentary Act later a constitutional provision of right to associate and assemble peacefully under Article 29 of the Constitution.
Police should allow all candidates to consult the public because it is their right and it also promotes electoral democracy especially equality.
Respect and promotion of Rights (to vote, assembly, expression and opinion)
Every Ugandan of age (18) has a right to participate in the choice of their leaders. The Electoral Commission issued a road map to be followed by every Ugandan and relevant stakeholder.
What is still debatable is the fact that over on million young voters may miss out voting in the next general elections and the Electoral Commission seems to affirm that they cannot open their voter register again (moreover almost 10 months to the general elections).
The importance of having the national data centralized was that government agencies would use it for planning. Electoral Commission should go ahead to register all Ugandans that will turn 18 by end of year because they will then be eligible to exercise their right to vote as guaranteed under the ACDEG and our Constitution Articles 1 and 59 and failure to do so may actually amount to a violation of the right to vote and one may actually seek legal redress-we can avoid this early.
Michael Aboneka is the Coordinator: African Governance Architecture-Uganda
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