Electoral Reforms finally

Code of Conduct

The proposed amendment to the Political Parties and Organisations Act in Section 19 prescribes a Code of Conduct aimed at “promoting tolerance, peaceful co-existence and democratic principles between and among different political parties, organisations and their members and supporters.” It also calls for free and fair political campaigns and open debates.

In addition, the code of conduct also calls upon parties to assist the Uganda Police Force in apprehending their members who attempt to violate the law.

Some politicians like Nandala Mafabi, secretary general of Forum for Democratic Change (FDC) have lambasted the code of conduct as a waste of time.

“There is no way we can accept a code of conduct that will benefit one political party,” Mafabi was quoted as saying in reference to the ruling National Resistance Movement (NRM).

Rusa who is behind the IPOD summits says the proposed reform on elections in new districts is another welcome move because it will take Uganda out of a “constant electioneering mood”.

Rusa is hopeful that the reforms will eventually sort out the mess created by independent candidates.

“This will enable candidates look for a candidate’s replacement in time if they want to run as independents,” he adds, “I think as far as election integrity is concerned, there is some ground covered and we should look towards building on these incremental gains instead of just rubbishing the whole thing.”

Crispin Kaheru, the Coordinator of Citizens Coalition for Electoral Democracy (CCEDU) in an interview with The Independent says that some of the amendments look “progressive in nature.”

“Ugandans have for long clamoured for laws to streamline political campaigning, reduce the influence of ill-gotten money in elections as well as laws to facilitate transparent (electronic) transmission of election results.”

He adds that Ugandans have always looked forward to a code of conduct that facilitates rather than impedes the growth of political parties and organisations.

Kaheru argues that given the circumstances, the proposed Electoral Reform Committee that is charged with studying and recommending concrete proposals for electoral reforms could (if properly activated) respond to the usual concerns of delayed or lack of electoral reforms.

He says the Electoral Reform Committee could help in creating more awareness on needed reforms.  “In countries like Ghana and India, such a structure has contributed tremendously to on-going progressive electoral reform processes, he says.

Kaheru adds that there are lingering questions. “Where are the broader contextual (constitutional/political) reforms upon which the tabled amendments will be anchored?

“Shouldn’t the conversation around the amendments be happening within a context of a Constitutional review or better still a national dialogue?” he says.

Broader reforms

Kaheru says whereas the amendments respond to some of the key issues that the Supreme Court raised in its 2016 recommendations in the presidential election petition of Amama Mbabazi vs Yoweri Museveni, they miss the broader reforms that the public has continuously clamoured for.

“But we also have to recognise that making our elections continuously better means an investment in legislative, administrative, and value-system reforms.”

He says the focus should be on making better legislation, improving administration and instilling values in the Ugandan society.

“For instance, you can have the best election laws and still end up with a bad election if polling officials do not conduct themselves with professionalism or if election stakeholders do not conduct themselves with respect and integrity.”

According to Kaheru, there must be a higher purpose in all these deliberations. “So, as we amend or pass new laws to sanitise our elections, we must be aware that most of the problems that afflict our elections are moral in perspective.”

He says Uganda should invest more in socialising values such as integrity, honesty, moral uprightness, togetherness, discipline etc.

Daniel Ruhweza, a lecturer of law at Makerere University, says that whereas the amendments captured some of the issues raised by the Supreme Court in its 2016 recommendations, they fail to address the issue of incumbency.

“There should be a specific law which puts an end to the term of office so that the incumbent President hands over office at the start of campaigning.”

Ruhweza says it would be important if a law states that the president hands over to say the Speaker of Parliament or the Chief Justice.

“For as long as that provision is not there, the incumbent president will always have an advantage over others; meaning he can use state resources unfairly while dealing with his opponents.”

Other observers like Cissy Kagaba of the Anti-Corruption Coalition Uganda (ACCU) say fighting the power of the incumbency is “a battle that cannot be won”. She says, “The President will continue to dish out money and it is something that we should not focus on.”

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