TheTheFor Regular, Free ECEC and Fair Elections BulletinBulletin TRI-ANNUAL VOLUME 07 ISSUE 1 JUNE, 2009 www.ec.or.ug Foreword On our part, the Commission has also identified various areas in the electoral laws which have posed practical and legal challenges to our work. These findings have been forwarded as EC not liable for proposals for necessary amendment. unqualified candidates...3 The Commission believes that if these proposals are considered, an improved Set realistic time for and favourable environment for future elections will be achieved, hence election reports...... 4 contributing to the overall quality of elections in .

Proposed amendments This edition will also give clarification to electoral laws...... 5 on certain proposed areas for amendment which have raised concern among some members of the public. Military have a right to vote...... 6 As managers of the electoral process, the Commission has had practical o our esteemed readers and implementation problems with some partners, warm greetings from of these provisions. We are, therefore, Successful elections key the Electoral Commission. We T well-intentioned in the effort to have are honoured to reach out to you once to development...... 7 these ‘problematic’ sections of electoral again through this newsletter. laws amended. In this edition, the Commission will Women emerging in There is no doubt that if we walk and share with you the continuous effort democracy...... 9 work together, we shall go a long being made to improve the delivery of way in improving and strengthening electoral services through revision of democratization and good governance certain sections of the electoral laws. Letters...... 12 in Uganda. I, therefore, appeal to you as you read this edition, to be part of I would like to thank our various this cause. stakeholders, including political parties/organisations, civil society For God and my country, Demarcation of Local organisations, the international community, voters, and the Govt electoral areas...... 15 Sam A. Rwakoojo government for pointing out certain Secretary, provisions within the existing electoral Electoral Commission Election reports...... 19 laws for amendment.

Our Mission: To organise and conduct regular, free and fair elections and referenda professionally, impartially and efficiently

Our Vision: To be a model institution and centre of excellency in election management BRIEFS The EC Bulletin

Schools to teach voter Voter Education Project EC Concludes Local education kicks off Council By-elections

The Electoral Commission has been On 23rd and 26th February, 2009, The Electoral Commission success- working with the Ministry of Educa- the Commission officially launched fully conducted elections and by- tion and Sports, through its relevant the European Union Voter Education elections during the month of May department National Curriculum funded project in Northern Uganda 2009, to fill existing vacancies at Lo- Development Center (NCDC), to (Arua and Lira Districts). The project’s cal Government level that occurred integrate voter education in the aims are to improve voter education after the 2006 General Elections. school syllabus in Uganda. starting with the war affected areas. Polling was conducted on 21st May On Thursday 2nd April 2009, the According to Molly K. Nawe, Head, 2009 at two thousand eight hun- project to implement the integra- Voter Education and Training dred polling stations in eight hun- tion was officially launched at the (above), the following activities are dred and forty (840) parisihes spread NCDC headquarters in Kyambogo. to be conducted under the project over two hundred and seventy-five and in a period of one (1) year: (275) sub counties in seventy-five The Chairman, Electoral Commission, (75) districts. Eng. Dr. Badru Kiggundu (above) de- 1) Integration of Voter Education into scribed the integration project as a Functional Adult Literacy Educa- Some of the vacancies in the elec- long term strategic objective to en- tion (Retreat for Mainstreamers) toral areas above occurred due to sure that all Ugandans of six years of 2) Integration of Voter Education lack of nominated candidates in age acquire core knowledge about into the Primary and Secondary 2006, resignations and/or deaths of elections and democracy. School curriculum (Four- Seven) elected councillors, and as a result 3) Voter education in selected sec- of newly created Local Government The integration of voter education ondary and tertiary institutions units such as Town Councils and Sub in the school curriculum at Primary in the Northern Region targeting Counties. and Secondary level is expected to the youth result into the development of ba- 4) Face to face interaction with vot- Other vacancies occurred due to the sic democratic values and principles ers in the Eastern region. most recent creations of Administra- among the citizens, which are in- 5) Procurement of a Film for Voter tive Units by the Local Government valuable in achieving effective par- Education purposes. Councils/Ministry of Local Govern- ticipation in decision making for the ment and failure to realise any can- good governance of Uganda. The Commission is very grateful for didates during the recent nomina- the European Union support and tions. The Commission acknowledges calls upon all concerned stakehold- the support of the European Un- ers to participate and cooperate ac- Visit us at ion towards implementation of this cordingly, to ensure success of this project. initial undertaking. www.ec.or.ug

 OPINION The EC Bulletin Exempt EC from liability over unqualified candidates Isaac Were s an election official, I have But even then, it is not enough for often had a difficult time ex- the EC to be exempted from liability Aplaining to some sections of only for another institution financed the public why persons with disput- by tax payers’ money to spend on able academic documents end up what could have been avoided. We being nominated by the Electoral should not aim at saving the Com- Commission to contest as candi- mission only to discredit the NCHE. dates during public elections. Some have never been satisfied with my Apparently, one of the causes of vot- explanation that the Commission er apathy is a discontent with gaps has neither the mandate to deter- in electoral laws, which, for exam- mine the authenticity of academic ple, enable a person with disputed documents nor to certify them. records to contest. As a result, some voters tend to abstain from voting The electoral laws specify academic in a by-election where a candidate qualifications for elective positions as noted by several court rulings, re- stands again, when his or her illegal at District Chairperson, Parliamen- mains a fundamental problem. Per- actions had led to nullification of the tary and Presidential level to be a sons who forge academic papers previous election results. minimum of Advanced Level or its have many times been cleared by equivalent. the NCHE to stand as candidates in We should, therefore, all work to- public elections. wards eliminating the problem of The following categories of qualifi- questionable academic qualifica- cations require verification and certi- I believe that the EC has been receiv- tions in elections. But above all, fication as (equivalent of) advanced ing undue bashing; and I am glad Parliament should heed the Com- level standard of education or its that it is now seeking for an amend- mission’s call to enact necessary de- equivalent by the National Council ment to be exempted from liability terrent legislation. for Higher Education (NCHE) in con- if a person who is not qualified is sultation with the Uganda National nominated (by EC) on the basis of As a measure to curb such abuse, Examinations Board (UNEB). academic certificates approved by legislators should seriously consider the NCHE. amending the law so that anyone • Academic degrees obtained out- who forges academic documents side Uganda It will, therefore, be fair if the elec- shall on conviction, be liable to a • Advanced Level qualifications ob- toral laws are amended to exempt fine or imprisonment for a specified tained outside Uganda the Commission from liability where term, and in addition to the impris- • Qualifications accepted as equiva- a person otherwise not qualified is onment, be disqualified for a period lent to Advanced Level education nominated on the basis of academic of at least five years from the date of from within or outside Uganda. documents certified by educational his/her conviction from running for institutions and/or the NCHE. an elective office. This certification issued by the NCHE shall be sufficient in respect to any I also applaud the EC’s proposal that The author is an Election Officer, election for which the same qualifi- such academic institutions and/or Public Relations. He is a qualified cations is required. the NCHE should also be made (a) teacher with a Diploma in statutory respondent(s) to any peti- Education and also holds a BA in Academic qualification, however, is tion where academic qualifications Social Administration. susceptible to misinterpretation, and are challenged.

The Electoral Commission congratulates all the registered political parties that have so far conducted and concluded their Annual General Conferences and election of new office bearers. The leadership and members are urged to play their constitutional role in ensuring free and fair elections and referenda in Uganda.

 OPINIO N The EC Bulletin Set realistic time for submitting election reports Charles Willy Ochola In its defence, the EC submit- ted that it was impracticable ne of the most misunder- to receive all the reports from stood proposals for electoral the Returning Officers before Oreforms presented by the the results could be declared Electoral Commission concerns the within the time limit of forty- declaration of election results. eight hours.

Section 56 of the Presidential Elec- tions Act, details the documents which must be received by the Elec- toral Commission from the District Returning Officer: The judges considered the provi- of the Voters’ Register, issuance of sions of the law and the difficulties Voters Cards, nomination of candi- “(1) Each Returning Officer shall, that would arise in requiring the dates, campaigns, polling, tallying immediately after the addition reports to be submitted within 48 and declaration of results. It is cer- of the votes under Section 54 hours, and held that the election tainly understandable that a Return- (1) declare the number of votes reports were not pre-requisites for a ing Officer may not be able to write obtained by each candidate and valid declaration of results. a report on all those activities and also complete a return in the submit it together with the results in prescribed form indicating the Nonetheless, the Commission con- 48 hours. number of votes obtained by sidered the concerns raised in the each candidate. petition, and has now presented Therefore, I support the EC’s proposal a proposal to increase the time re- that the electoral laws be amended (2) Upon completing the return un- quired for submission of election to increase the period for submis- der subsection (1) the Return- reports: sion of reports of Returning Officers ing Officer shall transmit to the to 1 week after polling. Commission the following docu- All the electoral laws provide in man- ments:- datory terms that election results This should not be misunderstood: (a) the return form; shall be ascertained and declared it is clear that the proposal does not (b) a report of the elections with- by the Electoral Commission within call for lengthening the period for in the returning officers elec- 48 hours of closure of polling. There- declaration of results from 48 hours toral district; after, the Returning Officers must (equivalent to 2 days) after close of (c) the tally sheets; and prepare and submit a report on the polls to 1 week (which is equivalent (d) the declaration of results elections in their area together with to 168 hours or seven days)! Rather forms from which the offi- the results. it seeks to lengthen the period for cial addition of the votes was submission of election reports from made.” As a former Returning Officer, I know 48 (2 days) hours to 168 hours (7 During the Presidential Election Pe- the difficulty in preparing the elec- days). tition No. 1 of 2006, the Petitioner tion reports within the same pe- (Kiiza Besigye) claimed that the riod as the results. What the public The author is Acting Principal Pub- Electoral Commission could not needs to appreciate is the fact that lic Relations Officer, Electoral Com- have validly ascertained the results an election is not a one day event, mission, and was Returning Officer without the report of the elections but a process involving activities like for Bushenyi, Kotido and Mukono, within the Returning Officers elec- recruitment and training of election electoral districts, between 2000- toral district. officials, voter registration, display 2004

 OPINION The EC Bulletin EC proposals show respect for judicial rulings COURTESY PHOTO Bukenya Paul ommended for deletion from the he first impression I got after National Voters’ Tstudying the proposed amend- Register. ments of some provisions of the electoral laws, was that the Commis- It is important to sion has positively portrayed itself consider all elec- as an institution that respects and is toral laws that re- responsive to judicial rulings. quire amendment now because it For example, the Supreme Court will minimize inci- judges in the Presidential Election dences of petitions Petition No 1 of 2006 (Kizza Besigye before and/or af- vs. ) were unani- ter the 2011 polls. mous in their findings of disenfran- Timely amend- chisement by deletion of voters ment, for example, from the Voters’ Register. means the Com- mission will avoid Section 25(2) of the Electoral Com- any delays or even mission Act Cap.140 provides that un-necessary rush before any election is conducted, the (read panic) which Voters’ Register shall be displayed for can easily disor- a period of at least 21 days. ganize any elec- tion cycle. But our experience is that the Com- mission, mainly due to other time I also consider the frames stipulated by the law in the ongoing process conduct of elections, is often at as an indicator of pains to meet this requirement. increasing aware- ness of rights, du- The Supreme Court ruled that the ties and respon- Uganda’s Chief Justice, Bejamin Odoki, led the Panel of 7 Judges. above law on display of the Voters’ sibilities; indeed it necessary legal revision and techno- Register does not provide for natu- says a lot about our political matu- logical innovation. ral justice to voters before deletion rity. Uganda does have a history of from the Voters’ Register. elections; however, we should con- We should anticipate more changes tinuously learn from challenges en- in the near future as innovations in Accordingly, the Commission is pro- countered in a given election. information and communication posing that Section 25(2) be amend- technology continue to permeate ed to reduce the display period to It should be noted that electoral the different aspects of our lives. 15 days. reform is not unique to emerging democracies alone. Election manag- It is further proposed that after the ers in established democracies, for The author is Election Officer, 15 days of display, another 5 days example, India and the USA, have Public Relations. He holds a BA be enacted to accommodate a fur- encountered new challenges, which (Arts) and has 10 years experience ther display of those persons rec- have been corrected through the in media and public relations.

 GUEST WRITER The EC Bulletin Why the military should not be denied the right to vote Memory Nimurungi public should show respect for the This article shall focus on the first military; they should not be denied One of the most debated issues in issue, which by implication, aims at their right to vote. The people we Uganda’s electoral process concerns denying persons serving in armed should take off our National Voters’ the involvement of the military in forces from exercising a fundamen- Registers are the dead, under-aged, elections. The term military is used tal constitutional right. non-citizens, and take action against to generally refer to the men and those who register more than once. women in Uganda Peoples’ Defence General elections are held under the Forces (UPDF). principle of universal adult suffrage. The author is a Mass Communica- This means that the right to vote is tion Student at Uganda Christian This debate mainly hinges around not restricted by race, gender, belief University, Mukono. a supposition that the military, by or social status. Exceptions are only virtue of sworn allegiance to the made to non-citizens, the under- Did you know…? Commander-in-Chief, are a partisan aged and incarcerated persons. • That military rules all over the world institution. Hence, it is presumed limit civilian activities, including hold- that they tend to work towards de- There is no constitutional basis on ing political rallies inside barracks termining the results of a given elec- which to deny Ugandan citizens of for security reasons? Accordingly, it would be inconsiderate for a candi- tion - often through coercive means 18 years and above, their right to date to demand to hold a political rally - in favour of the incumbent party register and vote in public elections. inside a military barracks. The same or government. For this reason, the rules apply to other sensitive estab- argument goes, the military should I think the public should not de- lishments like hospitals and prisons. not participate in elections. mand to know which candidate • That one way voters residing or work- military personnel have voted for, as ing in such restricted places get the It is further argued that the military this will undermine the principle of information they need to make right decisions on polling day includes the should not even be represented in secrecy of the ballot. This is taking print and electronic media, posters Parliament, as they comprise a non- transparency too far. and leaflets? partisan institution that should show • That electoral law prohibits setting up no political alliance. PHOTO: Politicians and civil society organi- a polling station in a military facility or sations have been calling barracks? Hence, while soldiers can for revision of electoral register to vote, they can only cast laws to allow prisoners to their ballot at a station near the quar- ter-guard, which means the voting is vote. If a person behind done in public view. bars can be considered for • That military personnel are always voting, how much more a on the move, and are actually more free citizen, who spends likely to miss casting their ballot than days and months in the any other people? While the ordinary trenches, defending the Ugandan is casting his/her vote, the nation. Military personnel soldier is in a trench somewhere to are free men and women, ensure the country is secure. • That some countries, including Gha- and I think we should not na, have made laws providing for isolate them from such a advanced voting, whereby members decisive exercise as elec- of the security forces, medical per- tions. sonnel and election officials can cast their ballot in advance, so that they I think it is not beneficial are free to provide needed services to this nation if we an- on polling day? • That when registering as voters, the tagonize the military to titles and ranks of military personnel the point of denying them are not included in their particulars? what is a basic right. That • That military personnel residing out- would be disenfranchise- side the barracks can register and vote from where they reside, or origi- A soldier casts his vote at a polling station near a military ment, which is unconsti- nate? barracks. Notice the other soldiers lining up with civilians. tutional. Politicians and the

 FEATURE The EC Bulletin The role of successful elections in development Stuart Sebuunya and development. Equally the mak- being part and parcel of a success- ers of the 1995 Constitution, in their ful electoral process. The population evelopment incorporates wisdom, embraced the fact that, the will accept results of credible elec- the political, social, eco- right to vote, peace and develop- tion as a truly people’ verdict. Then Dnomic and psychological ment are inseparable attributes. all people will concentrate on invest- transformation of society; it involves ment, each according to his ability. improvement in the quality of life of Conduct of successful elections in- In the process society will slowly but the entire population. volves the cooperation of citizens, steadily attain development in the political parties, the press and the various fields. A successful and credible election entire civil society. The people will restores confidence and dignity of transform themselves from being A successful election plays a key the people plus motivating them to watchdogs of the electoral process role in the stability of any country act in their own interest, and it is only to watchdogs of the development on earth, because stability and de- such a society that can attain devel- process. Leaders at all levels will velopment are twin brothers. A case opment. Hence a successful election channel all the resources to develop- in point is Mozambique, which had becomes a pillar of development in ment. Successful elections will have a long period of political instability; society. In some countries the level ignited the development process. after the war, elections were suc- of development is measured by cessfully organized, and the coun- participation of people, particularly After a credible election, winners try has since experienced stability women and youth in the electoral and losers will view themselves as Continued on page 18 activities.

According to The Universal Decla- ration of Human Rights, Article 21

Clause 3, it is stated that: BUKENYA PAUL PHOTO:

The will of the people shall be the ba- sis of the authority of government. This shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedure.

Article 1 Clause 4 of the Constitution of the Republic of Uganda, 1995 states:

The people shall express their will and consent on who shall govern them and how they should be governed, through regular, free and fair elections of their representatives or through ref- erenda.

The brains behind the Universal Dec- laration of Human Rights recognized that, participation of people in the political process through elections A voter casts a ballot during a Parliamentary by-election. Few voters realise the importance of their is critical to the realization of peace choice in determining the stability and development of their country.

 FEATURE The EC Bulletin

Facts you must know about Uganda women emerging in democracy

Charles W. Ochola This Article is further qualified that having 30% of Women Representa- “women shall have the right to af- tion has brought in more women on Participation of Ugandan women in firmative action for the purpose of the respective Councils/Parliament. Politics has been on the rise since redressing the imbalances crated by The Parliament should be recom- 1955 when the first Woman MP was history, tradition or custom and pro- mended for this affirmative action elected to represent Kampala’s Cen- hibits all laws, cultures, customs or because it will go a long way in en- tral District (Mengo) in the Legisla- tradition which are against the dig- gendering Uganda’s Development tive Council. nity, welfare or interest of women or and Democracy. undermine their status” Women’s emergence in Uganda’s It should be noted that although so- Democracy was then boosted by Article 33 of the Constitution (1995), Although the level of women’s par- ciety’s attitude is gradually changing which recognises that “women shall ticipation in politics is still marginal, towards Women Politicians, more ef- have the right to equal treatment right from the village level up to fort should be made towards build- with men and that right shall include the District Council, and to Parlia- ing the women’s capacity to accept equal opportunities in political, eco- ment it should be highlighted that the challenges of leadership. nomic and social activities.” the legal requirements of councils Today, facts available on Women Representation in National Assembly are as follows

Nature Of Assembly Period Number of MPs Total Number of Women 1. Legislative Council 1955 – 1958 60 2 members (Pumla Kisosonkole & Babra Saben) 1959 – 1960 60 3 members ( Joyce Mpanga, Frances Akello & Sarah Ntiro) 1960 – 1961 60 1 member (Eseza Makumbi) 2. National Assembly 1962 – 1966 92 1 member (Sugra Visram)

1966 – 1971 92 1 member (Florence Lubega)

3. Military Council 1971 – 1979 No Parliamentary Representation 4. National Consultative Council 1979 – 1980 156 2 members (Rhoda Kalema & Geraldine N. Bitamazire) 5. National Assembly 1980 – 1985 126 1 member (Theresa Odong Oduka) 6. Military Junta 1985 – 1986 No Parliamentary Representation National Resistance Movement– 4 members (Olivia Zizinga, Gertrude Njuba, Janat Mukwaya 7. 1986 – 1989 31 Historical & Rhoda Kalema 8. National Resistance Council 1989 – 1994 280 50 members

9. Constituent Assembly 1994 – 1995 283 44 members

10. National Assembly 1996 – 2001 279 52 members

11. National Assembly 2001 – 2005 295 72 members

12. National Assembly 2005 – 2011 320 96 members

Source: Parliamentary Hansard and articles written by the author in the course of his 30 years of journalism practice.

Laughter Break dollars to compromise this case?” the lawyer repeated loudly. At the height of a political corruption trial, the prosecuting attorney attacked a witness. “Isn’t The witness still did not respond. it true,” he bellowed, “that you accepted five Finally, the judge leaned over and said, “Sir, thousand dollars to compromise this case?” please answer the question.” The witness stared out the window, as though “Oh,” the startled witness said, “I thought he he hadn’t heard the question. was talking to you.” “Isn’t it true that you accepted five thousand Source: Internet

 SPECIAL HIGHLIGHT The EC Bulletin Other proposed areas for amendment of electoral law Concerning by- amended to reinstate the 6 months ing Officer or other duly authorized period for the conduct of by-elec- officers stating the circumstances of elections for District tions for District Chairpersons. that loss, destruction, defacement or Chairpersons damage. Concerning late Section 171 of the Local Govern- Section 27(2) provides that if the Re- ments Act was amended to the ef- enactment of electoral turning Officer is satisfied with the fect that a by-election for District laws and regulations circumstances stated above, he shall Chairperson shall be conducted issue a duplicate copy of the voters’ within 60 days from the occurrence Given the fact that Electoral Com- original card. of the vacancy. Previously it was 6 mission conducts elections/refer- months. In practice it is difficult to enda within statutory time frames, Section 27(3) provides that no per- squeeze electoral activities for an late enactment of enabling laws and son shall issue a duplicate voter’s entire district especially those with regulations creates problems in im- card to any voter on polling day or more than two counties in 60 days plementation of the relevant provi- within seven days before polling for the following reasons: sions of the said laws. For instance, day. i. The same section provides that the electoral laws for the February, where the office of a chairperson 2006 general elections were enacted There is no contradiction in the becomes vacant, the clerk to the as late as November, 2005 and some above stated provisions of the law. council shall have up to 21 days of the provisions were rendered nu- However, the said provisions are self to notify the Commission of the gatory. defeating. What is the purpose of re- vacancy. That reduces the statu- porting loss or destruction of a vot- tory period to just 39 days; Recommendation er’s card at least seven days before ii. Section 25 of the Electoral Com- In light of the above, the Electoral polling day if a duplicate copy can- mission Act requires the voters’ Commission proposed that an not be issued within that time? register for every election to be amendment to the Electoral Com- displayed for not less than 21 mission Act should be enacted to Recommendation days prior to polling. That reduc- enable the Commission to defer the The Electoral Commission proposed es the statutory period further; implementation of any legislation that; iii. Unlike Parliament, a District can relating to electoral matters passed (i) Section 27(1) be amended to re- function without a Chairperson by Parliament less than one year flect a period of at least 3 months since it has a Vice Chairperson prior to the latest date for a Presi- before polling day, in which du- and a Council of elected leaders. dential, Parliamentary or Local Gov- plicate voter’s cards can be ap- The absence of a Chairperson ernment/Council polls. Such legisla- plied for; and does not therefore deprive the tion should come into force only for district of representation un- subsequent elections. (ii) Section 27(3) should be amend- like Parliament (for which statu- ed such that issuance of voters tory period for by-election is 60 Concerning issuance of cards, whether original or dupli- days). cate ceases at the end of display iv. The electoral area for the entire Duplicate Cards period. district is much bigger than a parliamentary constituency, for Section 27(1) of the Electoral Com- (iii) The section should also be instance. mission Act provides that where a amended to include a require- voter’s card is lost, destroyed, de- ment to report and obtain a re- Recommendation faced, torn or otherwise damaged, port from the Uganda Police as The Electoral Commission proposed the voter shall at least seven days well as payment of a fee for the that the Local Governments Act be before polling day notify the Return- replacement.

 PICTORIAL The EC Bulletin

As a UNV volunteer, I have learnt to respect and have tolerance for multi-cultural diversity. I cherish and value the principle of unity in diversity because it promotes peace, democracy and development in our communities so together let’s volunteer as individuals and as society to enhance social cohesion and enrich our communities. Caroline Alice Onekalit , District Registrar, Amuria)

L-R 1st on front row EC’s Caroline Alice Onekalit (DR Amuria), 2nd row 3rd EC’s Charles Ntege (DR Bushenyi) among the UNV Team to Sierra Leone March- August 2008. (Courtesy photo). PHOTO: ISAAC PHOTO: PAUL BUKENYA WERE

EC staff follow proceedings during the Annual General Meeting of the EC Savings and Credit A pupil of Kabojja Junior School reads through a voter Co-operative Society held in March, 2009. The SACCO started in 2003 and now boasts of 400 education booklet during an educational tour of EC members. facilities on 24th March, 2009.

10 PICTORIAL The EC Bulletin

PHOTO: CHARLES WAMBUZI PHOTO: bukenya paul

EC Chairman, Eng. Dr. Badru M. Kiggundu and Mrs. Edinance Bakehena, Specialist, Early Childhood Development, National Curriculum The Electoral Commission successfully conducted elections and by- Development Centre, after the launch of the project to integrate Voter elections during the month of May 2009, to fill existing vacancies at Local Education in the school curriculum on 2nd April, 2009. PHOTO: ISAAC WERE Government level that occurred after the 2006 General Elections. PHOTO: bukenya paul

A section of newly recruited staff listening to a presentation during the induction, March, 2009 PHOTO: ISAAC WERE Mr. Francis Peter Ojede (right), formerly Head/HRM, hands over office to Mr. James Niwamanya (left), now Ag Head, HRM under the watchful eye of Mrs. Jovita Byamugisha, Director Finance & Administration on 12th June, 2009. Mr. Ojede joined Electoral Commission service in 2003. A Call for Articles

The Editorial Board of The EC Bulletin invites articles for possible publication in the next edition of the newsletter. Articles may also be written on any topic related to the electoral process, democratisation, constitutionalism, and other social/human interest areas, and should be a maximum of 1,000 words. Contributors are encouraged (where it is possible) to accompany their articles with photographs, illustrations and other graphics to add value to the text. Participants discuss outreach strategies after launching the Voter Education All contributions should be forwarded to the Editor, ‘The EC Project for Northern Uganda in Arua town on February 23, 2009. Bulletin’.

11 LETTERS The EC Bulletin Letters to the Editor Party representation on Electoral Commission not a solution Dear Editor, We should be cautious here: first, sidered the legal implications this the debate creates an impression arrangement may create. It is not I have been closely following the that this composition would be ‘in- true that all parties in the opposi- debate and calls for amendment of clusive’, which is actually deceptive; tion always agree, and certainly I do the law so that political parties can such a Commission would be clearly not anticipate ‘exceptions’ when it have representation on the Electoral ‘partisan’ where each delegate has comes to decision-making at the EC. Commission. to protect the interest of his/her I can imagine situations where upon own party. disagreement, the Commission has It is argued that the Commission to take a break so members can go in its present set-up, is pro-govern- Secondly, I think Ugandans are try- back to consult their party leaders ment and therefore against the op- ing to re-invent the wheel; it is a on the way forward. In the worst position. common and constitutional prac- case scenario, veto powers may lead tice in both advanced and emerging to delays, which can lead to consti- It has been suggested, for example democracies for the top executive to tutional crises. that the opposition can take three appoint office bearers in institutions slots on the Commission, the ruling like the judiciary, and on statutory In my opinion, what we need to party three, while two are reserved commissions. I think what we need do as Ugandans of different politi- for people with proven integrity like to do is to ensure that appointment cal spectrum is to strengthen and former judges. Except for the ruling procedures are tightened and only maintain the independence of the party which can easily appoint the competent persons, of proven in- Electoral Commission. It should stay three, this proposal does not men- tegrity, are appointed. independent from political parties tion the criteria for selection of the and other authorities. other members. It is important to Thirdly, the debate is very popular note that the number of registered because it serves good political pur- Musimenta Aaron political parties is now 36. poses, but perhaps few have con- Uganda Christian University, Mukono PHOTO: DREAD NATTY

Uganda Parliament Buildings in Kampala. The author argues that parti- san politics be reserved for Parliament not institutions like the EC.

12 LETTERS The EC Bulletin

Use the new technology to Thanks to you, EC! Forever grateful enhance voter awareness Dear Editor, Dear Editor, Dear Editor, I would like to appreciate the Elec- Allow me through this publication The EC recently launched a cam- toral Commission for giving me the to express my gratitude to Manage- paign to increase awareness of opportunity to train in this honour- ment and staff of the Electoral Com- electoral process and voting rights, able institution. mission for the kind reception and especially among students and illit- support given to me during my in- erate adults. This is timely interven- Besides my training in the area of ternship training. tion given that 2011 general elec- records management, I was able to tions are not very far. learn other things related to man- My stay at the Commission has en- agement in the context of a large or- riched my understanding of pro- But I think this initiative can achieve ganisation. These include customer curement procedures and challeng- more results, for example, if the care and public relations, communi- es, especially in large organisations. EC engages book-manufacturing cation and inter-personal skills. Be- companies to put voter education sides academic benefits, I will always I am glad that I was also able to learn messages on the covers of exercise value the parental words and guid- about elections and election man- books. The murals on the EC perim- ance imparted to me by the staff. agement. eter wall provide very good artwork, with strong visual appeal to both Certainly, my time at the Commis- I pledge to be an ambassador and the young and the old. sion has helped transform me into help many understand the electoral a better student, citizen, and future process in Uganda. I further suggest that this artwork manager in Uganda. should be painted on all upcountry Nyamer Phillian, Ongaria Ezra offices, with text in the local lan- Librarianship and Information Science Uganda Christian University, guages so that locals in the respec- Uganda Christian University, Mukono Mukono tive areas can read and understand. Other interns trained at EC during the period January - April, 2009 are Nancy Aiita, Sarah Nsuube Richard, Assistant District Kyobe Nanteza, Linda Amaniyo and Ricks Gombya, all 3rd Year students from Mass Registrar/Arua Communication Department of Uganda Christian University Mukono.

Laughter break… There was once a young man who, in his youth, professed his desire to become a great writer.

When asked to define “great” he said, “I want to write stuff that the whole world will read, stuff that people will react to on a truly emotional level, stuff that will make them scream, cry, howl in pain and anger!” He now writes error messages for Microsoft Corporation.

13 FACTS The EC Bulletin Congratulations! About Barrack Obama

Barack Hussein Obama II was born on August 4, 1961. He is the 44th and current President of the United States. He is the first African Ameri- can to hold the office. Obama was the junior United States Senator from Illinois from January 2005 until November 2008, when he resigned following his election to the presi- dency.

Obama is a graduate of Columbia University and Harvard Law School, where he was the first African American president of the Harvard Law Review. He was a community organizer in Chicago before earning his law degree. He worked as a civil rights attorney in Chicago and also taught constitutional law at the Uni- versity of Chicago Law School from 1992 to 2004. The EC Bulletin joins the rest of Africa in congratulating Barak Obama on his election as President of Obama served three terms in the Il- the United States of America (Courtesy Photo). linois Senate from 1997 to 2004. Fol- lowing an unsuccessful bid for a seat made him a rising star nationally in presidential primaries against Hillary in the U.S. House of Representatives the Democratic Party. He was elect- Rodham Clinton, he won his party’s in 2000, Obama ran for United States ed to the U.S. Senate in November nomination, becoming the first ma- Senate in 2004. His victory from a 2004 by the largest margin in Illinois jor party African American candidate crowded field in the March 2004 history. for president. In the 2008 general Democratic primary raised his vis- election, he defeated Republican ibility, and his prime-time televised He began his run for the presidency candidate John McCain and was in- keynote address at the Democratic in February 2007. After a close cam- augurated as president on January National Convention in July 2004 paign in the 2008 Democratic Party 20, 2009. (internet sources) Some facts about the US Presidency • When William Henry Harrison was inaugurated on • George Washington was a man of few words but 4th March, 1841, he declined the offer of a closed won the campaigns and became the 1st American carriage and rode instead on horseback to the Capi- president. He gave the shortest inaugural address in tol, where he delivered the longest inaugural address US (and perhaps world) history: 135 words! in US history (8,445, taking more than an hour) in the • Gerald Ford is the only unelected President of the bitter cold weather. He returned to the White House, United States; he assumed the Presidency upon the again on horseback, according to a disputed legend, resignation of Richard M. Nixon. Facing impeach- caught a cold that turned into pneumonia. Not dis- ment proceedings for his role in the Watergate scan- puted is the fact that he died one month later on dal and alleged cover-up, Nixon resigned on August April 4, after the shortest presidency in US history. 9, 1974.

14 VOTER EDUCATION The EC Bulletin Demarcation of Local Government Electoral Areas How the Women Quota is arrived at A Case for Election of Women Councillors to Sub County/Municipal/Town Division Councils By Cyprian Ogwang

he system of Local Councils in Uganda comprises Local Gov- Ternment (LC III & V) and Ad- ministrative Unit Councils (LC I & II).

According to Section 11(e) and 109(3) of the Local Governments Act, 2005, in order to arrive at the number of women comprising a 1/3 of the sub county/municipal/town division council, the total number of Directly Elected Councillors (DECs) and the four councillors, two rep- resenting the Youth and two rep- resenting Persons With Disabilities (PWDs), is divided by 2 to get the number of women seats required.

Consider Otwal Sub County in Oyam District with six parishes, forming six electoral areas for DECs, two seats for An aspiring independent candidate chooses a symbol during nominations to fill a vacancy for woman councillors representing the Youth councillor, Katembe Parish, Kabingo Sub-County, Isingiro District. and two representing PWDs. This is Now, eleven divided by two would making a total of 3 seats for DEC. divided by two to get the number of be 5.5; this would have to be cor- The total number of councillors in- women seats required. rected to 6 which is an integer cluding Women Councillors and (whole number). Councillors representing the Youth Since the 10 seats above consti- and PWDs would therefore increase tute 2/3 of the entire Council, 1/3 However, the minimum number of to 11 as indicated in the calculation of seats is 10/2 which is equal to 5. seats at each Council has to be at below: least 10 as required by Section 109 (4) This means that small parishes adja- Originally Adjusted cent to each other are combined to of the Local Governments Act, CAP DEC 2 DEC 3 create only 5 seats for women, thus 243. In case the number of council- making a total of 15 Councillors for lors is less than 10, the Commission Youth 2 Youth 2 the whole Otwal sub county. will have to reduce the population PWD 2 PWD 2 quota so as to ensure that the mini- 6 7 If the number of the resultant seats mum number of Councillors is 10. Women 6/2 =3 Women 7/2 =3.5 4 for women is a rational number (e.g Total Membership Total Membership of the of the Council Council 5.5), it is corrected to the next inte- For Otwal Sub County cited above, ger (whole number). if the number of parishes were only 2+2+2+3 = 9 3+2+2+4 = 11 2, the total number of Councillors in- This is under the required minimum of For example, if Otwal Sub County cluding Women Councillors, would 10, contravenes law cited above had up to 7 DECs, this be less than 10. plus the two Councillors represent- THE author is Principal Election ing the Youth and the two Council- In order to fulfil the requirement of Officer, Research and Planning De- lors representing PWDs would make the above section, one of the Par- partment, and holds MSC (Compu- up a total of 11 Councillors. ishes, would be subdivided into two ter Science).

15 STAFF NEWS The EC Bulletin

EC recruits new staff EC staff retire

Kyeyune George is the new Head of Audit Dept. Wanyoto Godfrey is the new Head of the EC He holds BCom and MSc in Accounting/Finance, Procurement Unit. He holds a B.A. (Economics) with CPA credentials, and has over 15 years of CIPS and MBA. He has worked for institutions, experience in accounts/financial management. like UEDCL, NARO and Uganda Railways. Haji Kisitu Sulaiman

Haji Kisitu was born in August 1948, and started working as a driver in 1972 with the Ministry of Transport and Communications, which he left in 1979 to start a private business.

A devout Muslim and dutiful father, he made the Hijja in 1976 at the cost of Shs. 5,500/-.

In 1989, he joined the Uganda Constitutional Commission (Odoki Commission) and has served with Nuwamanya James is new Principal Election Edgar B. Kasigwa is the new Principal Election subsequent Commissions up to the Officer, HRM. He holds BA Social Sciences, and Officer/Database Admin. He holds a BSc. in Com- present Electoral Commission. He re- diplomas in Admin and HR Management. He is a puter Science, and has specialised in software tires on 1st August 2009. candidate for MA (Organisational Psychology). and database development management. In his own words… I appreciate God for the good life He has given me. I acknowledge Him for my accident- free-career.

Young people should love their work and respect their superiors. This will prepare them to lead others well.

All Editions of the

Kiggundu Stephen is the new Senior Election Apio Harriet Okot is new Documentation Officer, The EC Bulletin are available on Officer/Transport Section. He holds B. Eng Planning & Research Department. She holds The Electoral Commission (Mechanical Engineering) and a Higher Dip MSc in Information Science and has worked with website: (Mechanical Eng). He is a member of Chartered institutions like LDC, Uganda Law Society and www.ec.or.ug Institute of Logistics and Transport, Uganda. the Ministry of Justice & Constitutional Affairs.

16 STAFF NEWS The EC Bulletin Congratulations

Gumisiriza Fidelis (Administration) graduated Peninah K. Ssekabembe (Voter Education & with a Diploma in Transport Management of Training) graduated with MA in Management Business School (MUBS) on Studies from Uganda Management Institute 27/02/2009. (UMI) Kampala.

Cyprian Ogwang (planning and Research Department) graduated from the Singles Class after exchanging marriage vows with Miss Santa Sandra on 24th January, 2009.

Leticia Nantabo (Field Operations Department) Charles Mashate (Voter Education & Training) graduated with MA in Management Studies of graduated with MA in Management Studies of Workers’ Voice Uganda Management Institute, (UMI) Kampala. Uganda Management Institute (UMI) Kampala.

The Electoral Commission’s Arinaitwe Rwakajara (District Registrar, Manafwa Musinguzi Apollo (RO/DR-Kiruhura District), Mbonye Herbert (Finance Department) District) was appointed as a workers’ graduated with MA in HR Management from graduated with MA in Procurement & Logistics representative on the new National Social Makerere University specializing in Competence Management of Nkumba University Security Fund (NSSF) Board. Based Management in Public Institutions.

17 THE EC BULLETIN The EC Bulletin

Presiding officer’s prayer SPECIAL EC applauds Kyakuhaire for mature politics Oh, Lord! Help me to conduct this election in accordance with the law. he Electoral Commission salutes Ms. Stella Kyakuhaire Oh, Lord! Grant me wisdom to mas- T(pictured), formerly candidate in the by-election for District Woman ter all the relevant electoral laws. Representative to Parliament, Isingiro, for her exemplary conduct Oh, Lord! Give me the courage of during, and after the electoral David to confront wrong elements, exercise. who may attempt to disorganize elec- tions. In her letter to the Returning Officer, Isingiro District, Ms. Stella Kyakuhaire Oh, Lord! Sharpen my eyes so that, expressed her acceptance of the I discover all those who may attempt results for the Isingiro by-elections to vote twice. for Woman MP that was held on 19th January 2009. Oh, Lord! Hold the rain so that, the voting process is not interrupted. ‘In the interest of the people of Isingiro District and Uganda at the elected MP. Oh, Lord touch the hearts of neigh- large, I hereby accept the results announced by the Electoral ‘I take this opportunity to congratu- bors so that, they provide me with Commission in favour of my late Grace Byarugaba, the elected desks and chairs. opponent Grace Byarugaba,’ the woman MP – Isingiro, and wish her letter reads. all the best in the development of Oh, Lord! Help me such that, my Isingiro District and also I request child does not suffer from malaria on She requested her supporters to her to unite the people of Isingiro,’ the polling day. remain calm, and work closely with her letter concluded.

Oh, Lord! Help me to identify valid The role of successful elections in development votes and invalid votes without any Continued from page  difficulty. in spite of numerous post-conflict So as you cast your vote, you are problems. not only choosing leaders of your Oh, Lord! Touch the hearts of voters choice, but also deciding the fate of so that they do not riot on the vot- It is easier for countries that have or- development for the entire country. ing day. ganized credible elections to attract It is not a secret that poorly organ- serious foreign investors. Uganda ized elections in many African coun- Oh, Lord! Help me so that I do not has been able to organize success- tries have resulted into political con- lock the results envelope in the ballot ful elections, and the largest part of fusion and violence, and economic box. the country has enjoyed political collapse. stability for a long time. As a result, The author is Election Officer, Field In Lord’s name I pray! Amen! the country has continued to be a Operations Department & District preferred destination for foreign in- Registrar/Returning Officer for Sebuunya Stuart, DR/Kiboga vestors. Kiboga District A politician’s lies A bus of politicians is driving by “So you buried all the politi- a farm where a man lives alone. cians?” asked the police officer. The bus driver, caught up in the “Were they all dead?” beautiful scenery, loses control and crashes into the ditch. The To which the man replied, man comes out and finding the “Some said they weren’t, but politicians, buries them. you know how politicians lie.”

The next day, the police are at Source: Internet the farm questioning the man.

18 ELECTION REPORT The EC Bulletin EC Uganda Observes the Ghana General Elections 2008 Makabayi Henry tions are declared per constitu- ency, and certified period results The Electoral Commission was in- are availed to the press by the ECG vited to form part of the numer- for publication. Whoever publishes ous international election observer uncertified results must emphasise teams to the Ghana Presidential and that fact. Parliamentary Elections 2009. This study visit and observation mission Presidential and Parliamentary elec- was sponsored of the Association of tions which are held on the same African Electoral Authorities (AAEA), day are on political party lines but the Donor Deepening Democracy parties are not at play in Local Gov- Group (DDG) of the basket fund ernment Elections for the avoidance and the British High Commission in The campaigns were very peaceful to of friction at this lower level of gov- Uganda, all of whom we highly ap- the extent that you would find vehi- ernance. preciate. cles carrying supporters of different candidates moving in the same di- The ECG is mandated to oversee We were received at Ghana’s Kokota rection but each minding their own elections of such professional bod- Airport by Mr. George Kosi, the Pro- business. The general population ies as trade unions, and the Bar Asso- tocol Officer of the Ghana Electoral and media coverage expressed the ciation, in addition to political party Commission (ECG) who gave us the fact that Ghanaians had learnt from primaries. necessary briefing and eventually their turbulent past and would not took us to our hotels in preparation tolerate anybody who preached ha- The elections were conducted in for briefing the following day. tred or threatened violence. Playing a generally peaceful environment; music was the norm in campaign ve- the voters were vigilant, and some The briefing was conducted by the hicles and at venues. The main race camped at their respective polling Chairman of the ECG, Afari-Gyan was between the ‘Umbrella’ that was stations from as early as 2:00am in who emphasized the distinction be- calling for change and the ‘Elephant’ order to witness the commence- tween election observers and elec- that was moving forward. ment of polling process. The Ugan- tion monitors, where the former are da Team had opportunity to observe outsiders and the latter are from the Registration of voters is periodic (at the electoral process in several parts election management body. This intervals of two years) preceding of Ghana alongside other Observer clarification stemmed from the fact General and Local Government Elec- Teams. that some observers prefer to act as tions which are at the said intervals. monitors, a role that is outside their The Uganda Electoral Commission jurisdiction. Voters’ cards are issued instantly has a lot in common with the Elec- bearing a photograph provided by toral Commission of Ghana. The PHOTO: HENRY MAKABAYI the voter, and main differences may be stemming compilation of from the relative age, cooperation the Register is by of different stakeholders, tenure, use of scanners. mandate and adequacy of funding, for example, their budget is not sub- There is special jected to cuts. The ECG has also got voting for per- significant legislative powers, the sons like the po- Commissioners have a retirement lice, polling offi- age. cials, doctors and nurses, involved The Observation Team returned after in election day ac- the first round of elections and fol- tivities, lowed the re-run while back home.

A voter casts his ballot during the elections. Ghanaian and Ugandan electoral Results for the The author is Election Officer, systems have similarities and interesting differences. Presidential Elec- Voter Data Management Dep’t.

19 ELECTION REPORT The EC Bulletin

Jennifer Angeyo Some facts about the 2009 Indian elections joins Editorial Board India held her general elections - the ency, Gujarat has the unique claim biggest, largest political, democratic to being the only polling station in show in the world - to the 15th Lok the country that caters to only one Sabha in 5 phases from April 16, elector - Guru Shree Bharatdasji April 23, April 30, May 7 and May 13, Bapu, a priest of a Shiva temple in 2009. the middle of the Gir Forest.

The results of the election were an- Electoral Rolls nounced in single phase on May 16, This election also saw almost the 2009, with the Indian National Con- entire country (except Assam, Na- gress winning 183 seats. galand and Jammu & Kashmir) use photo electoral rolls, meaning that Elections for the Lok Sabha (the photos of the electors were printed Lower House) are held every five on the electoral rolls which was in- years. The last polls were held in tended to facilitate easy identifica- Ms. Jennifer Somali B. Angeyo, is a 2004, hence the term of the 14th tion and prevent impersonation. Senior Legal Officer in the EC Legal Department, and holds a Bachelor Lok Sabha expired on June 1st 2009.  The exercise was managed and of Laws degree, from Makerere monitored by the Commission University, Kampala and MSc in According to the Election Commis- Secretariat, supported by 310 Computer Science from Makerere sion of India, 713.77 million voters, staff. University. were registered for the polls, an in- crease of 43 million over the 2004  The number of candidates who Her areas of competency include election. contested in the Parliamentary Elections was 8070; legal and ethical issues in ICTS, Constitutional Law, e-governance Rupees 1,120 Crores (equivalent to  The number of male candidates and processes, democratic practic- 176 Million €) was budgeted for the 7514 es through electoral systems and election.  Number of female candidates litigation, and general administra- 556 (6.9%) tive skills. The election was conducted using  The number of polling personnel the Electronic voting machine (EVM), deployed were 4,690,575; Jennifer, in a study funded by and over 1,368,430 EVMs were in-  747,29 video-graphers and IDEA, co-authored and published a stalled at polling stations across the 405,99 digital cameras were handbook on Direct Democracy in country. deployed to monitor the poll. Uganda (2007).  119 special trains comprising Polling Stations of 3060 coaches were used to She has also published a thesis The elections had a total of 834,944 transport Central Police Force entitled ‘‘A Dynamic Model for the polling stations, a 20% increase over (CPF) constables. Protection of Intellectual Property the 2004 election. This increase was Rights in the Cyberspace’’ (2005). done mainly to avoid vulnerability to Source: Electoral Commission of India threat and intimidation, geographi- http://eci.nic.in/results EDITORIAL BOARD cal barriers and Chairperson to reduce the Dr. Jenny B. Okello distance trav- elled by voters. Vice-Charperson Ochola Charles Willy The Commission Editor also announced Bukenya Paul that the polling station in Banej Members: village in the Peninah K. Ssekabembe Una segment of Cyprian Ogwang Junagadh Lok Jennifer S. B. Angeyo Sabha constitu- Published by The Electoral Commission, Plot 55 Jinja Road, P. O. Box 22678, Kampala Tel: +256 41 4 337 509 Fax: +256 41 4 341 655 Website: www.ec.or.ug