Making the Uganda Electoral Commission Work for Us

Opinion

There is a serious responsibility not being taken care of in the struggle to democratise Uganda. Signs of this include: The persistent failure by the Electoral Commission (EC) to meet the performance expectations; the failure to conduct presidential elections in compliance with the provisions of Constitution, Presidential Elections Act and the Electoral Commission Act; contradictions and inadequacy of the electoral law; and inconsistencies in the current EC with regard to the requirements of a multi-party dispensation.
The government urgently needs to identify measures that will mitigate the effects of this unfortunate state of affairs. The time to act is now, in order to avoid the phenomenon of 'rush action' when dealing with crucial national issues.
This happened with the legislation on the legal framework for the switch from the Movement system to multi-partyism in 2006. The Attorney General presented this to Parliament very late in the day, delaying the gazetting of relevant Acts. This hampered the functioning of the EC and did not allow enough time for political campaigns.

In all fairness, the Commission has conducted a number of elections at different levels in line with its mandate, though they were below the required standard. Whatever the reasons, the EC has not achieved a high mark in executing its appointed duty of organising and conducting regular free and fair elections and referenda as mandated by Article 61 of the Constitution of Uganda. It also fails to measure up to expectations as expressed in its Vision and Mission published on the Commission official website (which is also lacking).
These facts cannot be wished away by the EC through a simple public relations statement, but must be addressed through concerted efforts.

A look at the reports (e.g. 'Civic Education') published on the website under the Planning and Research Department, reveals glaring contradictions. This also unwittingly paints a picture, however, that the Commission is aware of its own inadequacies. It is worrying that improvements do not seem forthcoming despite the fact that some problems were identified long ago.
There is room for improvement. The photographic voter registration and identification system used by the EC is one of the best on the African continent and in other emerging democracies in Asia.
The system has a duplicate analysis component that helps identify double or triple registration, even when a registrant tries to disguise and or register at different locations. It uses a method of measuring facial features and does the duplicate analysis through comparison of faces stored in the database.
However, accuracy of this sophisticated system also depends on the integrity of the users/electoral managers. It is an excellent component of the EC's work that should be complimented rather compromised.

That noted, the struggle to achieve a truly independent and well-functioning electoral governing body remains a preoccupation and therefore a primary responsibility of all admirers of democracy and accountability.
We need to focus on the existing laws and how to strengthen the functioning of the Commission. I would think there is need to appoint a Performance Audit Committee under the Ministry of Justice and Constitutional Affairs; this effort should give output before the end of 2008.

The Performance Audit Committee should be comprised of representation from all relevant stakeholders and should review the performance of the Electoral Commission at all levels. The Committee should be given a reasonable timeline to write a comprehensive report with recommendations that should be presented to the minister in charge. The minister should in turn present the report to Parliament.
The stakeholders to constitute the Performance Audit of the Electoral Commission should include: a high level and independent electoral consultant, coordinator of political parties, representatives from the Judiciary, Auditor General, Inspectorate of Government, civil society, Police, etc.
The rationale for the suggested audit is to identify the existing performance in the management of elections, harmonise expectations and make critical and balanced recommendations that will form a strong basis for the relevant amendments intended to strengthen the existing legislation.

Published by 'The Daily Monitor' on 26th July 2007

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