Posted Sunday, November 30 2014 at 02:00
In Summary
The selection of commissioners and staff must follow
a process of open application, public hearings and scrutiny conducted
by the Judicial Service Commission. The successful applicants should be
finally vetted by Parliament and upon approval be submitted to the
President for appointment.
National consultation. Following
countrywide consultations on electoral reforms, delegates last week met
in Kampala and agreed on resolutions that will be presented to the
Speaker of Parliament. Below is the full report.
Having considered electoral reform
proposals by the coordinating team for the free and fair elections
campaign, the Citizens Coalition on Electoral Democracy, the Interparty
Political Organisations for Dialogue, the Electoral Commission (EC), the
National Consultative Forum, the Cabinet and other concerned Ugandans.
Acknowledging also that more than
3,000 leaders participated in a series of consultations on free and fair
elections held in the following regions: Tooro, Bukedi, Teso, Kigezi,
Busoga, Sebei, Ankole, Bugisu, Buganda, Karamoja, Bunyoro, Acholi and
West Nile solemnly agree and declare as follows:
I. New Electoral Commission
i. A new independent and impartial electoral commission must be established.
I. New Electoral Commission
i. A new independent and impartial electoral commission must be established.
The selection of commissioners and staff must
follow a process of open application, public hearings and scrutiny
conducted by the Judicial Service Commission. The successful applicants
should be finally vetted by Parliament and upon approval be submitted to
the President for appointment.
ii. Commissioners should serve for a guaranteed one, non-renewable seven years term.
ii. Commissioners should serve for a guaranteed one, non-renewable seven years term.
iii. A commissioner may only be
removed from office in exceptional circumstances for gross misconduct or
incompetence. Such removal process should follow the same criteria and
procedure applied in the removal of a High Court judge.
iv. The new Electoral Commission
must carry out a complete overhaul and review of existing staff of the
commission, and returning and presiding officers.
v. The selection of secretariat staff of the commission at all levels, and returning and presiding officers and polling assistants, must go through open selection and publically advertised recruitment process.
v. The selection of secretariat staff of the commission at all levels, and returning and presiding officers and polling assistants, must go through open selection and publically advertised recruitment process.
II. Ensuring integrity of the voting process
i. A new, clean and verifiable register of voters, which should include eligible Ugandans in the diaspora, must be compiled by the new Electoral Commission. This should be done in a manner which is completely transparent and accurate; it should ensure the rights of citizens to register to vote, while preventing unlawful or fraudulent registration or removal of persons from the voters roll.
i. A new, clean and verifiable register of voters, which should include eligible Ugandans in the diaspora, must be compiled by the new Electoral Commission. This should be done in a manner which is completely transparent and accurate; it should ensure the rights of citizens to register to vote, while preventing unlawful or fraudulent registration or removal of persons from the voters roll.
ii.The new register
should be comprehensive, inclusive, and up-to-date; compiled through a
transparent process with full participation of stakeholders,
particularly political parties, civil society, and the public.
iii. The new register must be
accessible to all as a public document that can be inspected at no-cost.
It must be displayed at selected public places and all Electoral
Commission offices. Before the new register is finalised, two months
period of public display must be allowed for the public, political
parties, and candidates to verify, object to or seek to add eligible
names. The final, clean and verified register must be ready six months
before elections day.
iv. A comprehensive and continuing civic and voter education programme should be developed and funded from the national Budget.
v. The
voting for LCIII, LCV, Parliament and President should be conducted on
one day to avoid influence peddling and patronage in the electoral
process.
III. Role of security forces and militia
i. The
military should have no involvement whatsoever in the electoral process
and should remain focused on its constitutional duty of securing our
borders and defending our sovereignty. Ensuring law and order during
elections should be exclusively the responsibility of the regular
police, under the direction and supervision of the Electoral Commission.
ii. The role of the police should
be strictly to act impartially to ensure public order. Its role during
the campaigns and in all other aspects of the electoral process should
be monitored by the Electoral Commission.
iii. The military and police should vote in regular polling stations; they must not bear arms or wear uniforms in this process.
iv. The movement and deployment
of the army should be restricted and monitored in the period before,
during and after the elections, under arrangements agreed upon at the
national consultation.
v. The formation and deployment
of any militia (informal armed groups constituted outside the laws) is
absolutely illegal; this prohibition must be strictly enforced in
practice.
vi. Codes of conduct for security forces during
the campaigns and elections should be agreed to by stakeholders. The
agreed codes of conduct should then be independently and strictly
monitored by the Electoral Commission.
vii. The Chief of Defence Forces must be in charge of all men and women in service.
viii. The President should relinquish tactical command and control of the armed forces to the joint chiefs, and must not serve as chairman of UPDF High Command. Membership in UPDF High Command should not be personal to holder.
viii. The President should relinquish tactical command and control of the armed forces to the joint chiefs, and must not serve as chairman of UPDF High Command. Membership in UPDF High Command should not be personal to holder.
ix. There should be an
independent security service commission to determine discipline,
promotions, commissions; as well as handle complaints and all other
matters related to the army, police, intelligence agencies and all other
security agencies.
IV. Integrity of the campaign process
i. A mechanism must be established to monitor and prevent raids for funds from the central bank, ministries, and international assistance accounts, in the period before and during elections campaign.
i. A mechanism must be established to monitor and prevent raids for funds from the central bank, ministries, and international assistance accounts, in the period before and during elections campaign.
ii. An office of comptroller of
Budget should be established to keep track of money trails and prevent
diversion of funds from treasury, ministries, etc, for partisan
political purposes and activities.
iii. Restrictions should be
placed on resort to supplementary appropriations in the period of two
financial years preceding general elections.
iv. In the period of two
financial years preceding general elections, classified appropriations
and appropriations for the presidency and State House should be
restricted and strictly monitored, including funds that facilitate
presidential patronage.
v. Public servants should resign their positions at least 6 months before their being nominated to contest in an election.
vi. All public officials
nominated to contest an election should hand over public assets in their
possession before they proceed for campaign.
vii. The Constitution should prohibit any party that is the ruling party from using State resources such as State House to conduct business that is purely for the political party.
vii. The Constitution should prohibit any party that is the ruling party from using State resources such as State House to conduct business that is purely for the political party.
V. Addressing the system of patronage
i. Independent commissions, agencies, regulatory bodies and independent offices should have separate selection, approval and appointment processes.
i. Independent commissions, agencies, regulatory bodies and independent offices should have separate selection, approval and appointment processes.
These bodies include: all service commissions,
Electoral Commission, Salaries and Remuneration Commission, Local
Government Finance Commission, Land Commission, Human Rights Commission,
Uganda Revenue Authority, Bank of Uganda board, National Social
security Fund board, and National Environment Management Authority. They
must have security of tenure that fully guards against capricious
actions by the appointing authorities.
ii. An independent body should be
vested with the power and responsibility to advertise, interview,
conduct public hearings with regard to appointment of commissioners for
constitutional bodies.
iii. The role of Parliament
should be restricted to final vetting of the selected persons and the
power of a President should be restricted to issuing the instruments of
appointment for persons who have gone through this appointment process.
iv. Creation of any political offices not provided for in Constitution, by the President, should be approved by Parliament.
v. No new political offices (under iv above) shall be created in the last year of the term of President.
v. No new political offices (under iv above) shall be created in the last year of the term of President.
vi. Any presidential donation above 500 currency units shall require the prior approval of a relevant parliamentary committee.
vii. The annual Budget for presidential donations shall not exceed 0.5 per cent of the recurrent budget for State House.
viii. Current ‘regional’ ministries and the so-called ministry
for ‘mobilisation’ should be abolished. Ministries should be organised
as specialised fields (departments) for providing defined public
service.
ix. An independent salaries and
remuneration board should be established and vested with powers to
determine the salaries of public servants including political leaders
such as President, ministers, MPs and local government political
leaders.
x. Cabinet ministers should not
be Members of Parliament and in case an MP is appointed to Cabinet, such
MP should resign he or her seat before taking over the Cabinet
position.
VII. Demarcation of electoral boundaries
i. For purposes of the next general elections, all administrative units, i.e. districts, counties, and sub-counties, should be frozen at the level of the 2011 elections.
i. For purposes of the next general elections, all administrative units, i.e. districts, counties, and sub-counties, should be frozen at the level of the 2011 elections.
ii. The responsibility for
creating new electoral constituencies should only be exercised by the
Electoral Commission, applying current criteria under the law.
iii. In demarcating
constituencies, the Electoral Commission should judiciously take into
account population size, geographical size, number of voters, financial
implications and the management of the electoral exercise.
iv. The law should not tie electoral constituencies to administrative units such as districts or municipalities.
v. The size of Parliament should be reduced in keeping with the modest resources of the State.
VIII. Freedoms to organise and assemble
i. The Public Order Management Act must be repealed.
ii. The Police Amendment Act (2006) must be amended and brought into full conformity with the Bill of Rights under Chapter 4 of the Constitution.
iii. An independent police oversight body should be constituted by the National Consultation to monitor the role of the police in the electoral process.
i. The Public Order Management Act must be repealed.
ii. The Police Amendment Act (2006) must be amended and brought into full conformity with the Bill of Rights under Chapter 4 of the Constitution.
iii. An independent police oversight body should be constituted by the National Consultation to monitor the role of the police in the electoral process.
iv. Police operating procedures,
for ensuring public order in the context of campaigns and throughout the
electoral process, should be transparent and made public.
v. The guidelines for public order management prepared by the Uganda Human Rights Commission in 2007 should be operationalised.
vii. The Electoral Commission
should assume oversight role over the media during elections period;
ensuring that all competing parties have equal access to the media.
viii. There should be penalties
for media houses that fail to comply with the constitutional requirement
for equal, fair and balanced coverage.
ix. The licensing regime should be used to secure compliance.
ix. The licensing regime should be used to secure compliance.
IX. Selection of presiding officers
i. The selection of presiding officers and polling assistants should be approved by political parties.
i. The selection of presiding officers and polling assistants should be approved by political parties.
ii. Their selections should be transparent and based on merit and designated criteria.
iii. In order to qualify for selection, a person must not be or have been:
-An executive or member of a political party’s NEC or secretariat
-Run for elective political office on political party ticket in the last five years
-Convicted of electoral crime or serious misconduct or crime involving moral turpitude
-An RDC, DISO, GISO, a member of the security services or militia, or an appointee charged with partisan political responsibility or leader of a party in the last five years.
-An executive or member of a political party’s NEC or secretariat
-Run for elective political office on political party ticket in the last five years
-Convicted of electoral crime or serious misconduct or crime involving moral turpitude
-An RDC, DISO, GISO, a member of the security services or militia, or an appointee charged with partisan political responsibility or leader of a party in the last five years.
X. Processing of electoral materials
The processing and procurement of electoral materials, including design, printing and distribution of all materials should, at all levels and stages, ensure the participation, scrutiny and observation of key stakeholders, particularly political parties, civil society, election observers and the media.
The processing and procurement of electoral materials, including design, printing and distribution of all materials should, at all levels and stages, ensure the participation, scrutiny and observation of key stakeholders, particularly political parties, civil society, election observers and the media.
XI. Ensuring integrity of tallying process
i. Polling station committees must be set up; they should be composed of political parties, civil society, and the presiding/ returning officers, to monitor the voting, counting, and tallying process and deal with complaints and disputes in the voting and tallying process, including the determination of valid, invalid, or spoilt ballots.
i. Polling station committees must be set up; they should be composed of political parties, civil society, and the presiding/ returning officers, to monitor the voting, counting, and tallying process and deal with complaints and disputes in the voting and tallying process, including the determination of valid, invalid, or spoilt ballots.
ii. Votes must be counted and tabulated accurately
and transparently in the presence of stakeholders, i.e. political
parties, civil society, observers, the media and the public.
iii. Votes must be counted and
announced at polling stations in the presence of political parties,
elections observers, civil society, and the public. Observers and
representatives of political parties and candidates and the media must
be given certified tabulation and tally sheets.
iv. Media must be permitted to
report in real time, votes counted and winners announced at polling
stations and certified by the presiding officer/polling assistant.
Representatives of political parties and candidates must be free to
publicise certified results and tally sheets from polling stations.
v. All results, including presidential, parliamentary results and local council results, must be declared at the constituency level.
v. All results, including presidential, parliamentary results and local council results, must be declared at the constituency level.
XII.A credible Judiciary to adjudicate election disputes
i. A credible and independent Judiciary should be realised which is able to competently and credibly adjudicate all electoral disputes as they arise.
i. A credible and independent Judiciary should be realised which is able to competently and credibly adjudicate all electoral disputes as they arise.
Members of the Judiciary should be subjected to
an open process of selection and appointment, including public scrutiny.
They should be assured of non-interference in the exercise of their
duties. The remuneration of judges should be such as to ensure their
independence.
ii. Provisions in the law that
require subjective evaluation by judges, on whether particular
violations and electoral malpractices were ‘substantial’ and in ‘a
manner’ that would alter the results of an election, entail the exercise
of subjective rather than legal judgement. For this reason, Section 59
of the Presidential Elections Act, which contains this provision, should
be amended accordingly.
XIII.Internal democracy of political parties
The Electoral Commission should closely monitor all political parties for compliance with constitutional and electoral law relating to internal democracy in those entities. This includes adherence to the requirements of holding regular delegates conferences.
The Electoral Commission should closely monitor all political parties for compliance with constitutional and electoral law relating to internal democracy in those entities. This includes adherence to the requirements of holding regular delegates conferences.
XIV. Relationship between Citizens and their MPs and political parties
A member who has been expelled from the party based on the decisions of the party disciplinary structures with appropriate appellate procedures should not lose their seats in Parliament on that basis.
A member who has been expelled from the party based on the decisions of the party disciplinary structures with appropriate appellate procedures should not lose their seats in Parliament on that basis.
XV.Representation of special interest groups
i. Representation of special interest groups of women, youth and disabled should be maintained as a form of affirmative action
i. Representation of special interest groups of women, youth and disabled should be maintained as a form of affirmative action
ii. The process of electing
representatives of persons with disabilities should be reformed to make
it more accountable to the constituents they are designated to
represent. PWDs should use regional electoral colleges to elect one
woman and one male. The Persons with Disabilities (PWDs) Act should be
amended to cater for the elections of PWDs at the municipality level.
iii. All MPs representing special
interest groups should be eligible for re-election only once-should
serve only two terms of office weather in Parliament or local councils.
iv. The workers should be removed from special
interest group representation since issues of workers can be represented
by all MPs.
v. The army representatives should be removed from Parliament.
v. The army representatives should be removed from Parliament.
XVI. Funding for local governments and service delivery
i. Local governments should receive their funding directly from the consolidated fund as a percentage of the national Budget. This will enhance their autonomy and authority to deal with issues of service delivery. The money should not be conditional and the disbursements must be timely, to allow for utilisation of the same. Funds returned should be accounted for and not misused.
i. Local governments should receive their funding directly from the consolidated fund as a percentage of the national Budget. This will enhance their autonomy and authority to deal with issues of service delivery. The money should not be conditional and the disbursements must be timely, to allow for utilisation of the same. Funds returned should be accounted for and not misused.
ii. The proposed share of the
national Budget to be allocated to local governments should be in the
range of 30-40 per cent based on serious negotiations and budget
amendment by Parliament.
XVII. Tenure of office of president
The tenure of office of the President should be restored to two five-year terms and must be entrenched in the Constitution.
The tenure of office of the President should be restored to two five-year terms and must be entrenched in the Constitution.
XVIII. Implementation of the compact
We adopt this compact as our solemn commitment to undertake the following actions to guarantee its implementation.
We adopt this compact as our solemn commitment to undertake the following actions to guarantee its implementation.
We will present a copy of this compact as our
petition to our national Parliament for our MPs to enact these proposals
into appropriate legislation within the next two months in order to
create the necessary infrastructure for conducting a free and fair
election.
A citizens task force comprised of the eminent
persons group of conveners and the convening civil society organisations
shall formally present this compact to the Speaker of Parliament and
sure her support to the reform process.
The coordinating team and the conveners shall immediately convene and establish a mechanism for ensuring full implementation of this compact.
The coordinating team and the conveners shall immediately convene and establish a mechanism for ensuring full implementation of this compact.
All citizens’ organisations and groups, and civic
leaders commit to popularise the compact and mobilise all citizens
across the country to support and advocate for the reform proposals
contained in this compact.
All the political parties, civil society organisations and political leaders and religious leaders participating in this national consultation commit themselves to use their structures to mobilise support from the grassroots to support these reform proposals.
All the political parties, civil society organisations and political leaders and religious leaders participating in this national consultation commit themselves to use their structures to mobilise support from the grassroots to support these reform proposals.
This compact will be translated into major local
languages and disseminated widely to all citizens to enable them own the
reform proposals agreed at this national consultation.
All forms of lobbying, mobilisation and
organisation shall be used to ensure that citizens demand for the full
implementation of this compact.
For God and My Country
For God and My Country