Opinion: Again, we see that the Local Councillors are not a priority…

“My Ministry has issued a number of guidelines on roles and responsibilities of Village and Parish Councils and their Committees while executing their various mandates” (…) “However, despite issuing these guidelines, there is need for an in depth induction for Village and Parish Councils and their Committees. This will be achieved as soon as funds are availed” (Tom R. Butime – ‘ RESPONSE TO A QUESTION RAISED ON FAILURE BY GOVERNMENT TO CARRY OUT ADEQUATE ORIENTATION OF ELECTED LOCAL COUNCILS I AND II’ 26.11.2019).

This is not new, as the Local Councillors election could be like picking a captain this last year (2018) on the football field. The art of peer pressure in the villages and towns all across the Republic. The lack of already having funds for the Local Governments, the lack of oversight and even plans for their operations, as effectively not solving the issues locally. As well, as reports of funding for health care centres, motorbikes and so-on. This is a never ending story of lack of due diligence and unnatural growth of a governing body.

With that in mind, as the government should have been prepared to school and teach them how the game was played. The National Resistance Movement (NRM) wasn’t prepared for this and never seemingly, they are more preoccupied with spending elsewhere than actually governing. That is why the LG isn’t getting the funds its need. Most of it given as donations from donors anyway like 60% of it is based from there. That’s why the LG and Local Councillors 1 and 2 haven’t gotten the support they need. This is after postponing LC Elections for over 18 years and they could have secured this for the post-election last year. Still, they didn’t, because they don’t care.

As we see by one report on the matter:

“Conclusion: Financing of LGs is critical to the success of decentralisation policy in Uganda. However, the current level of LG financing is not sufficient to meet the level of demand for service delivery. There has been a decline in transfers from Central Government to LGs, in relative and per capita terms attributed to recentralisation of functions and resources which by law are mandated to LGs. This study found that that UGX 1.066 trillion will be retained by various MDAs, yet these funds are supposed to be allocated to LGs as mandated under the Second Schedule of the LGA (CAP 243)” (ACODE – ‘Financing Local Governments in Uganda: An analysis of Proposed National Budget FY 2019/20 and Proposals for Re-allocation’, ACODE Policy Research Series No. 92, 2019).

The Local Government is already lacking the resources it needed, the negative spiral of funds is also showing. Therefore, the state could show some little incentive if they cared, but they are more preoccupied with other projects and such. That’s why these governing bodies are coming second. The NRM shows their lack of care, they can easily make new districts, new sub-counties and municipalities, but they cannot find funds to keep the upkeep.

The LG could have been resolved, but the matters are not the concerning for the high above, the State House nor the Office of the Prime Minister. As they are eating the funds that should have gone here, even the army budget could have been cut to fix the issues within the local government. However, that is not happening with this rulers and this elite in power. They are not giving way and actually securing these bodies with the needed funds.

Instead, they are already giving them to little compared to what them need and the elected officials doesn’t get the guidance nor the lessons of protocol they would need to succeed. They are just going more and more steps ahead of failing. If this isn’t a failure, than its a bloody miracle if it actually would work. Because, people are just catching up as best as they can. Peace.

Opinion: Otafiire better line-up a viable argument next time

“I have heard all this noise about People Power, which power do you represent, where all these people? The one we know is the LC 1 Chairperson, People Power is exercised by LC1 chairpersons through the ballot box and we will guard this power using the army and air force. Whoever tries to disrupt this power, you are welcome but what will come next don’t regret” – Kahinda Otafiire on the 28^th October 2019

First and foremost, it is rich and funny that the Minister of Justice Kahinda Otafiire speaks of the value of the ballot box in concern of the LC1 Chairperson elections of 2018 wasn’t done through the secret ballot, but through the art of peer pressure or should I say by lining up behind the one the village or town wanted to have to represent themselves. Therefore, the Honourable clearly have forgotten how the state and the Electoral Commission did their work in 60800 villages last year.

Secondly, that he will guard the lining up of villagers for an election is showing that the backwardness of the National Resistance Movement (NRM). Instead of moving forward and doing elections with secret ballots, the Minister of Justice wants to defend the ideal of school-yard picking football captains in the villages. He will go so far to send the army against the ones going against that. That is loyalty towards the President and his self-styled President for life.

Well, thirdly, the Minister of Justice really thinks his smart, but I have already destroyed his arguments before he started. Because, the People Power is the power of the people. That they are stronger together and has the initial power of the government. Because the government is supposed to represent the people. As they are representatives of the people. Therefore, it is rich that that army has to defend that and not defend the people from enemies invading the territory of the people.

That is why you know the former NRA fighter and for life loyalist of Museveni sounds like this. His trying to sound wise, but instead sounds stupid. He sounds ignorant and dumb. That is a feat in itself.

But we can never take away this from him: “I can’t be a Minister for Crocodiles” and in the same regard. He cannot be the Minister for a Good Memory either. Peace.

Uganda: Electoral Commission Statement – “Programme for Conduct of Administrative Unite (Village and Parish Level) and Woman Councils and Committees (Village to National Level) Elections, 2017” (24.08.2017)

Uganda: Electoral Commission Statement – “Programme for the Conduct of Administrative Units (Village and Parish) Elections 2017” (24.08.2017)

Uganda: UPC Calls for Economic Reforms (05.04.2017)

Uganda: UPC for LC1 and LC2 Elections (15.02.2017)

Uganda: Following government’s decision to conduct the Local Council 1& 2 elections by way of open voting (lining up), CCEDU has taken a position (15.01.2017)

Your Excellency:

The Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU) is the broadest active civil society coalition on issues of elections in Uganda, bringing together over 800 member organizations spread across the country. CCEDU has since its formation in 2009 worked towards promoting a social and political system that enhances fair, equitable and transparent electoral processes in the Republic of Uganda.

Your Excellency, in July 2015, the Parliament of Uganda passed the Local Government (Amendment) Bill, 2014 providing for lining up behind candidates during elections of chairpersons for village (LC1) and parish (LC2) levels. The voting method brought in effect by the Bill was a departure from what was originally provided for in the Local Government Act, of universal adult suffrage through secret ballot. Then Minister of Local Government, Hon. Adolf Mwesige, argued before Parliament that the cost of conducting village and parish elections through the method of secret ballot was too high and had made it impracticable for the elections to be held since 2002. On this ground, Hon. Mwesige convinced Parliament to vote in favor of amending the Local Government Act to consider an open voting method – which he argued was realistic and more affordable for the country.

Your Excellency, while we acknowledge that the open method of voting for the LC I and II may be viewed as financially more affordable and does not involve the same amount of logistics that would be required to run a secret ballot vote, we wish to draw your attention to the following:

1)   Article 68 (1) of the 1995 Constitution of the Republic of Uganda sets a standard for voting at elections and referenda: “At a public election or referendum, voting shall, subject to the provisions of the Constitution, be by secret ballot using one ballot box at each polling station for all candidates in an election and for all sides in a referendum”.

2)   Article 25(b) of the International Covenant on Civil and Political Rights (ICCPR) to which Uganda is a state party, guarantees “the right of every eligible citizen to vote and to be elected at genuine periodic elections held by secret ballot”, and grounds this in the notion that “voting by secret ballot guarantees the free expression of the will of the electors”.

3)    The Universal Declaration on Democracy, a declaration adopted without a vote by the Inter-Parliamentary Council at its 161st session in Cairo on 16^th September 1997 affirms the essential place of conducting democratic elections on the basis of universal, equal and secret suffrage for voters to choose their representatives in conditions of equality, openness and transparency that stimulate political competition.

Your Excellency, this implies that:

1)      It is a well-established practice that holding free and fair elections is one of the fundamental principles of democracy and the rule of law; and the secrecy of voting remains a key aspect of free and fair elections. Government has a legal obligation to conduct public elections and referenda according to the standards set in the 1995 Constitution of the Republic of Uganda and the International Covenant on Civil and Political Rights (ICCPR).

2)      Voters are not only entitled but also obliged to the secrecy of their vote. The method of voting proposed for LCI and II elections in which voters are required to line up behind their preferred candidates exposes the voters’ choice and violates this principle. As such, the open voting method does not safeguard the electors’ freedom of thought and their political and other beliefs. If Uganda is truly on a democratic path, then it should be seen to espouse a method of voting which ensures that the electorate is able to express itself freely and that elected representatives are truly representative, thereby contributing to public trust in the institution of local leadership.

3)      The proposed voting method violates the principle of anonymity of the voter. Freedom of opinion is endangered when a voter is prone to influence by threats of sanctions or reprisals. Open voting has time immemorial come with a lot of opportunity to influence or intimidate voters as they declare their choice by lining up behind their preferred candidates. In a country like Uganda where the population has over the years become deeply politically polarized, it is difficult to underestimate the influence and effect of fear of retribution that is embedded within an open voting system such as the proposed one. Within the context of Uganda today, the proposed method of voting is a ripe recipe of tension, vengeance and outright election-based violence – especially on the Election Day and in the aftermath of the elections.

4)      Free and fair voting principally demands that each voter makes an individual choice. Every person registered on the voters register must be able to express his or her choice in person, and this personal choice must be counted as such.  The mode of voting as prescribed under section 111 of the Local Governments Act, 2015 for village and parish elections is not consistent with this individuality principle and, in particular, constitutes a violation of gender equality and freedom of opinion.  The practice of open voting is reminiscent of days gone by of the reprehensible communal voting. In the Ugandan context, under an open voting system, it is likely that for instance, female voters may be unduly influenced to vote for candidates that their male counterparts, spouses or partners choose to vote for – for fear of catalyzing gender-based disagreement. In another case, for fear of going against their spouses’ electoral choice, female voters may decide to shun such open choice elections.  Modern societies including Uganda itself have denounced open voting methods as akin to primordial practices that infringe on voters own choice.

5)     Historically and contextually, electoral processes are highly prone to fraud and manipulation.  One of the primary reasons for the transition from ‘open’ forms of voting to the adoption of the secret ballot system in the 1800s was to help rid political systems of bribery.  Uganda is currently fighting the scourge of monetization of politics.  With an open voting system comes higher electoral stakes.   The higher the stakes, the higher the possibilities of voter bribery will be.  In effect, the possibilities of monetizing the local council elections that will be held under an open voting system remain high. The political players are quite optimistic of the eventualities very sure those voters are aware of the procedures and they will vote for them since it’s not secret.

Your Excellency, under Vision 2040, the Government of Uganda underpins the need for democracy as the anchor to transform the country. Similarly, the second National Development Plan (NDP II) recognises that without free and fair political and electoral processes, key development objectives cannot be achieved.  To this end, the NDP II proposes to institute mechanisms to strengthen credibility of electoral processes in Uganda and citizen participation in the electoral processes.

As the Fountain of Honour of our Nation, CCEDU would like to respectfully appeal to you, Your Excellency, to guarantee that:

• The Government is indeed genuinely committed to holding free, fair and impartial elections; and considers such elections crucial for strengthening democracy and democratic institutions in Uganda.

• The LCI and LCII elections are conducted in a manner that satisfies international and national legal obligations, commitments, practices and principles of; confidentiality of one’s electoral choice, anonymity and individuality of a voter. The elections must promote rather than undermine election legitimacy and integrity while reinforcing the notion of popular participation.

Your Excellency, CCEDU contends that the currently designated method of voting in the LCI and LCII elections not only fails to meet the constitutional and internationally provided for standards for conducting public elections, but is also fertile ground to foment conflict and sow seeds of discord in communities – thus undermining the hard earned peace, stability and unity in many parts of the country.

CCEDU appreciates that democratic electoral practices in Uganda are still affected by various national and contextual factors, traditions and limitations. While we recognize the importance of taking into account our country’s milieu and resource limitations, Your Excellency, we appeal against the latter being used as pretext for practices that undermine the basic principles of democracy and governing the conduct of free and fair elections.

Lastly, Your Excellency, CCEDU therefore proposes a more cost-effective option of the secret ballot method of voting in the LCI and LCII elections – in which voters record their (candidate) preference on a plain piece of paper in privacy – by way of writing or putting a thumb-print. We recommend the most basic form of secret ballot that uses standardized blank, plain or colour coded pieces of paper/cards upon which each voter marks his or her choice. Without revealing the choice to anyone, the voter in this case would fold his or her piece of paper with their marked choice and place it in a sealed ballot box. The ballot box is emptied later for the counting of the ballots. This method is not only financially affordable, but also preserves the secrecy of the ballot as well as expands possibilities for the electorate to participate in elections.

Dr. Livingstone Sewanyana

Chairperson, CCEDU Executive Committee

Uganda: Adm72/01 – Final Preparations for Parliamentary and Local Government Councils Elections in Newly-Created Districts (25.08.2016)