EISA Technical Team to the 2011 Presidential & Parliamentary Elections in Uganda

Interim Statement

Kampala, 21 February 2011

1 Introduction

The Electoral Institute for Sustainable Democracy in Africa (EISA) deployed a Technical Assessment Mission to the Ugandan Presidential and Parliamentary elections held on Friday, 18 February 2011. The Mission was in the country at the invitation of the Electoral Commission of Uganda. Coordinated by Dieudonné Tshiyoyo, Manager of EISA’s Elections and Political Processes (EPP) department, the Mission consisted of seven members primarily drawn from EISA core staff at its head office in Johannesburg, field offices, as well as from partner civil society organisations. The following nationalities were represented in the Mission: Cote d’Ivoire, Democratic Republic of Congo (DRC), Madagascar, Nigeria, South Africa and Zimbabwe.

Members of the Mission started arriving in Kampala from Friday, 11 February and will remain in the country up to Tuesday, 22 February 2011. During this period, the Mission met with key stakeholders in the electoral process and it observed the polling and counting processes in Kampala and surrounding areas, most specifically Entebbe and Jinja.

The mission has made its assessment of the electoral process in Uganda on the basis of the information gathered during meetings with relevant stakeholders and observation of the process. The preliminary findings of the Mission and subsequent recommendations are presented in this interim statement. A final report, providing an in depth and comprehensive analysis of the observations and recommendations of the Mission on the entire election process, will be compiled and circulated in due course.

2 Objectives of the Mission

The overall objective of the mission is in line with EISA’s vision of promoting credible elections and democratic governance in Africa. More specifically, the Mission was established in order to:

Assess and determine whether the elections were conducted in accordance with the constitutional and legal framework for elections in Uganda;
Undertake a detailed documentation of the electoral process to ascertain if the process was organised and conducted in compliance with internationally accepted standards for credible elections;
Determine whether the final results of the electoral process as a whole reflect the wishes of the people of Uganda; and
Assess whether the elections met the benchmarks set out in the African Union Declaration on Principles Governing Democratic Elections, the East African Community Protocol on Good Governance, as well as the Principles for Election Management, Monitoring and Observation (PEMMO) developed under the auspices of EISA and the Electoral Commissions Forum of SADC countries.

3 Methodology

The Mission adopted a holistic approach to the documentation and assessment of the electoral process in Uganda. It undertook various activities covering the pre-election, polling and immediate post-polling operations.

EISA will continue to follow post-election developments closely. The documentation and assessment methodology encompassed the activities outlined below.

2.1 Observers’ Briefing

On Tuesday, 15 February 2011, members of the Mission attended a briefing session organised by the Electoral Commission for observers at the Sheraton Hotel, in Kampala. The EISA Mission, together with other international and domestic observer groups, and members of the diplomatic community, were briefed on the preparedness of the Electoral Commission ahead of the polling and the security situation prevailing in the country. The briefing was conducted by the Chairperson and members of the Electoral Commission, as well as the Inspector General of Police.

2.2 Stakeholder Meetings and Political Party Rallies

Members of the Mission were divided into two main teams that met with, among others, representatives of the Electoral Commission, the Uganda Human Rights Commission, political parties, academia, civil society organisations and the media. These stakeholders provided information on their assessment of different steps of the electoral process, including the registration of voters; candidate nomination process; the credibility of the Electoral Commission; women’s participation in the process; media access and voter education. The information received at these meetings constituted the basis for the Mission’s assessment of the electoral process. Members of the Mission were also able to observe the final stages of the electoral campaign, in attending rallies of various presidential candidates held in Kampala.

2.3 Election-day Observation

On Election Day, the Mission was divided into three teams that observed the polling and counting processes in Kampala, Entebbe and Jinja. The teams observed the opening and the close of the polls and visited a number of polling centres and stations throughout the day in their areas of deployment. The teams followed the counting of votes immediately after the closing of the polls.

2.4 Principles for Election Management, Monitoring and Observation in the SADC Region (PEMMO)

The EISA Mission's assessment of the 2011 Presidential and Parliamentary Elections in Uganda is based on the Principles for Election Management, Monitoring and Observation (PEMMO). The principles are benchmarks against which the credibility and transparency of an election can be assessed.

PEMMO was developed by EISA in partnership with the Electoral Commissions Forum of SADC countries, which comprises all the election management bodies in the SADC region. These principles are the result of extensive research and regional consultation with electoral stakeholders including CSOs and were designed to provide guiding principles for the administration of elections in the region.

Using the electoral cycle approach, PEMMO covers each phase of the electoral process, including the period before, during and after the polls. Furthermore, PEMMO presents a useful tool for both post-election reviews and electoral reforms. For observers, PEMMO also outlines guidelines on conduct of observers for the enhanced credibility of election observation. EISA has used PEMMO to assess electoral processes since 2004.

3 Preliminary Findings of the Mission

Based on its interaction with stakeholders and its observation of the polling and immediate post-polling activities, the EISA Mission has identified the following issues as noteworthy:

3.1 Political tolerance

The Mission observed that the level of political tolerance in Uganda has significantly improved since its return to multi-party democracy. The Mission wishes to commend the people of Uganda for the peaceful and orderly conduct that characterised the period before and during the polling. Furthermore, the effort of the security agencies to maintain a secure and peaceful environment throughout the electoral process, in spite of existing terrorist threats from groups from neighbouring states is also commendable. The context in which the elections took place was largely devoid of major incidents of violence and intimidation of candidates and voters. In general, the electoral campaign proceeded smoothly, with only minimal and isolated cases of violence reported.

3.2 Electoral Reforms

The Mission noted that there were calls for electoral reforms from political parties and CSOs, following the 2006 Presidential and Parliamentary Elections. These calls culminated in the amendment of the Presidential Elections Act, the Parliamentary Elections Act, the Political Parties and Organisations Act, and the Electoral Commission Act. These reforms addressed, among other issues, access of political parties to copies of the voters’ register; public display of register; state funding of parties; and disclosure of political finance. While the Political Parties Act prohibits the use of state resources for political campaigns, there were consistent complaints from opposition parties and candidates about the perceived abuse of public funds and assets by candidates aligned with the ruling party. In this regard, the Mission noted that the Electoral Commission did not display its capacity to track campaign expenses and enforce compliance of parties with the relevant regulations on public funding.

3.3 The Electoral Commission

The Electoral Commission of Uganda is the institution legally mandated to conduct and manage the electoral process. The commission faced a number of obstacles in its preparations for the 2011 general elections. The Mission learnt that there were widespread demonstrations against the reappointment of the Electoral Commission in 2010. These demonstrations are indicative of the public’s perception of the Electoral Commission.

Despite the reforms of the electoral legislation in Uganda, a significant number of stakeholders involved and interested in the electoral process have been deeply concerned about the independence and neutrality of the Electoral Commission, based on the composition and mode of appointment of its members. The Mission noted, however, that in spite of the low level of trust, most of the stakeholders commended the Electoral Commission for its transparent conduct of the process leading to the 2011 Presidential and Parliamentary Elections. In fact, the Commission opened up the process to relevant stakeholders in its preparations for the 2011 elections through regular media briefings, consultations with stakeholders at each crucial step of the electoral process, as well as online updates about its preparations.

3.4 The Voters’ Register and Identification of Voters

The EISA Mission noted the efforts of the Electoral Commission to review the voters’ roll and register new voters ahead of the 2011 General Elections. The Commission, in compliance with the amended Electoral Commission Act, made efforts to display the register and make copies available to political parties and other electoral stakeholders.

The Mission is of the view that the identification of voters is critical to the credibility of the electoral process. That is why it noted with concern the high level of scepticism expressed by a number of electoral stakeholders, especially civil society organisations and political parties, about the credibility of the voters’ register. Furthermore, the Mission learnt that, following the review of the register, many voters did not receive their voters’ cards.

3.5 Electoral Campaign

Campaigns for the 2011 General Elections were held from November 2010 to February 2011, in line with relevant legislations. These campaigns took place across the country, with very few reports of major violent clashes.

Though conducted in a peaceful and orderly manner, the Mission noted that the electoral campaigns were conducted within a context marked by an unlevel playing field. There were consistent reports suggesting that the incumbent President and candidates from the ruling party had undue advantage over opposition parties and candidates through the use of state resources at their disposal for electoral purposes.

3.6 Civic and Voter Education

Civic and voter education was carried by the Electoral Commission, the Uganda Human Rights Commission and a number of civil society organisations. Instructions and information about the electoral process were circulated across the country using various media, especially radio. The Mission noted the endeavours by civil society organisations to promote issue based electoral campaigns and build the capacity of media practitioners to cover, electoral issues in a meaningful way.

3.7 Election Day

The Mission observed that the voting process was conducted peacefully with few incidences of violence or disturbance. The people of Uganda showed their commitment to the development of democracy by turning out to vote;
Though voters turned out in their numbers to vote before the polls opened, it was observed that most of polling stations visited opened relatively late owing to the delayed arrival or delivery of election materials. This, as a result, shortened the time provided for in the law for the polling;
In a number of polling stations, the delay in the opening of the polls coupled with the failure of polling staff, especially presiding officers, to explain the reasons for the late opening of the polls agitated voters and led to some confusion;
Balloting materials were supplied in sufficient quantity to all polling stations visited by the Mission. The Mission commends, in particular, the innovative use of plastic basins in lieu of polling booths;
The Mission noted and commends the flexibility of the balloting requirement; voters were given the options to either mark the ballot with a pen or thumbprint. The Mission observed that with the use of pens, there was a minimal number of spoilt ballots as the possibility of ink spilling to other parts of the ballot was reduced;
In most cases, voters seemed highly sensitised to polling procedures as they knew exactly what to do once in the polling station;
The Mission wishes to commend the electoral staff for their efforts and commitment to the success of the polling despite the harsh weather conditions (high temperature or rainfall in some areas). However, the Mission noted that there were no standard procedures for polling which is indicative of the poor level of training received by the electoral staff before the elections. In many cases, this led to the inconsistent application of procedures from one polling station to the other;
The Mission noted the presence of party agents and representatives of candidates in all polling stations visited. All of them had copies of the voters’ roll for the specific polling station and this allowed them to ascertain the accuracy of the voters’ register on the spot. Besides party and candidate representatives, there were domestic observers from a wide range of civil society organisations at the polling stations visited;
There seemed to be no standard procedures for identification of voters, since the electoral law does not require voters to present a photo ID in order to vote. The Mission observed that in most polling stations voters had only to call out their names to be checked in the register. This procedure raises concerns about the possibility of some voters being able to vote more than once;
The Mission noted that a number of voters in possession of voters’ cards could not found their names in the voters’ register. As a result, they were turned away and not allowed to vote, a decision that surely disenfranchised them;
Though the polls started late, the Mission noted that presiding officers did not take the required precautions to extend the voting time accordingly; nor did they ensure that voters waiting in the queue within the polling station at the close of polls were allowed to vote;
While the relevant laws clearly establish who should be allowed to attend the counting, the Mission noted the presence of unauthorised people within the station during the counting. This compromised to some extent the security of the process.

4 Preliminary Recommendations

To address the challenges and shortcomings highlighted above, the EISA Mission would like to recommend the following:

The public perception of the Electoral Commission is an issue of paramount importance to the electoral process. Therefore, the Mission recommends that eventual electoral reforms with a view to improving future electoral processes in Uganda should prioritise the issue of independence, integrity and neutrality of the Electoral Commission. It is important that the appointment of members of the Commission should be open through a consultative process with all the relevant stakeholders. Furthermore, the composition of the Electoral Commission should be reviewed to reflect the interests of a wide range of stakeholders, including civil society organisations. The Mission is of the view that any electoral reform dealing with these crucial issues will most probably contribute to changing public perception about the Electoral Commission and its operations.
Relevant provisions of the electoral law should be reformed to make it mandatory for legitimate voters to present a photo ID before voting. The mission also calls on the government of Uganda to speed up the national identity project to complement the efforts of the Electoral Commission in this regard.
The Electoral Commission should embark on a systematic training of polling staff towards future elections with emphasis on procedures for opening and closing of the polls. It is also important to build capacity of polling staff in the area of people management and communication.
The Electoral Commission should develop mechanisms for tracking election campaign and party finance. It should also develop its capacity to enforce the legal provisions regulating party and campaign finance, specifically the provisions on the use of state resources for political and electoral purposes. It is also important that development partners in Uganda should support the Electoral Commission in this regard.
The Electoral Commission should clarify and ascertain the guidelines for polling procedures in future elections; these guidelines should be enforced and sanctions established for eventual breach.

5 Conclusion

The EISA Mission wishes to commend the people of Uganda for their responsible, orderly and peaceful conduct during the elections. While there were a number of shortcomings identified throughout the electoral process, the Mission is of the view that the 2011 Presidential and Parliamentary Elections were conducted, to a large extent, in compliance with the constitutional and legal framework in force in Uganda, as well as universally accepted principles.

The Mission congratulates the Electoral Commission for its efforts in delivering transparent elections under relatively challenging conditions. As the official results of the 2011 Presidential and Parliamentary Elections are being officially released, the Mission urges all political parties and candidates to maintain the peaceful environment and encourages them to use and comply with the legal provisions for resolving election disputes.

Kampala, 21 February 2011

Dieudonné Tshiyoyo
Mission Coordinator