A photo montage showing President Museveni and Kizza Besigye addressing rallies.
A European Union Election Follow-up Mission
Report (EU EFM) that was released last month has indicated that despite
efforts to ensure that there is democratic governance in Uganda, the
State and the ruling National Resistance Movement (NRM) party have
continued to jointly influence the political direction of the country.
The
report is about the EU follow-up mission to Uganda that was in the
country between February 27 and March 17, 2018 assessing the country’s
performance in electoral and political matters, especially on how far
Uganda has implemented the EU Observer Mission to Uganda report on the
2016 general elections.
Main Opposition party, Forum
for Democratic Change (FDC) welcomed the report saying it is a “true
representation” of the political situation in the post 2016 general
elections times.
But the government punched holes in the report with Deputy Director of Uganda Media Centre, Col Shaban Bantariza, describing it as being “biased” because the EU is imposing what it knows cannot be done overnight.
But the government punched holes in the report with Deputy Director of Uganda Media Centre, Col Shaban Bantariza, describing it as being “biased” because the EU is imposing what it knows cannot be done overnight.
Also highlighted in the
report are: the government’s delay to make electoral reforms, the delay
to institute a constitutional review commission, the impartiality of
security agencies during electioneering periods, the imbalance by State
media in covering campaigns for candidates and the use of State
resources by President Museveni during elections campaigns.
On
the issue of the NRM and the State not operating as separate entities,
the EU EFM report states: “Since the 2016 general elections, the ruling
NRM has continued to dominate the political scene, in an environment in
which it is difficult to differentiate the State from the ruling party.
Opposition political parties are marginalised, and lack both financial
resources and a solid grassroots presence. They face restrictions,
principally imposed by the police, in the organisation of political
meetings, mainly through the application of the Public Order Management
Act (POMA). They are not able to translate public support gained in
elections (mainly the Forum for Democratic Change, 36 per cent) into
real political influence”
The report, which points out
that under the circumstances, the cross-political dialogue has remained
rare, either inside or outside Parliament, recommends a need to
differentiate the State and the ruling party in electoral context.
Mr Nathan Nandala Mafabi, the secretary general of FDC, said President Museveni, who he described as the fulcrum of the ruling NRM, cannot afford to operate his party outside the State because that would spell an end to his more than three decade regime.
“Museveni cannot allow that (differentiating State from NRM) because NRM as a party is at its real end without the use of State resources and apparatus to run it. Museveni knows he can never win an election genuinely if the NRM is operating independent of the State,” Mr Nandala said.
Mr Nathan Nandala Mafabi, the secretary general of FDC, said President Museveni, who he described as the fulcrum of the ruling NRM, cannot afford to operate his party outside the State because that would spell an end to his more than three decade regime.
“Museveni cannot allow that (differentiating State from NRM) because NRM as a party is at its real end without the use of State resources and apparatus to run it. Museveni knows he can never win an election genuinely if the NRM is operating independent of the State,” Mr Nandala said.
Government dismisses report
However, Col Bantariza, watered down the EU EFM recommendation on separating the State from the ruling NRM party. He said the EU observers were biased and what they are reporting does not bother the government.
“Those observers, we also observed them and saw that all their work here in Uganda was biased, but that does not bother us. Our system here allows the President to use State resources during campaigns and that can only change if we so wish, but not on the recommendation of EU observers,” Col Bantariza said.
However, Col Bantariza, watered down the EU EFM recommendation on separating the State from the ruling NRM party. He said the EU observers were biased and what they are reporting does not bother the government.
“Those observers, we also observed them and saw that all their work here in Uganda was biased, but that does not bother us. Our system here allows the President to use State resources during campaigns and that can only change if we so wish, but not on the recommendation of EU observers,” Col Bantariza said.
He asked: “When they (EU observer
mission) were here did they see the State agencies protect all the
candidates? How did the opposition manage to pass all those Members of
Parliament if the State security agencies were protecting the NRM
alone?”
The report which has highlighted the events that followed the 2016 general elections, including the petition in which former presidential candidate Amama Mbabazi challenged the results of the poll, has hinted that there is no political will for national dialogue to take shape.
The report which has highlighted the events that followed the 2016 general elections, including the petition in which former presidential candidate Amama Mbabazi challenged the results of the poll, has hinted that there is no political will for national dialogue to take shape.
In the report, the EU EFM observes and
recommends that there is need for the government to expedite the process
of the national dialogue.
“The Inter-Religious Council of Uganda (members of which representing vast majority of Ugandans) is promoting the convening of a national dialogue on matters ranging from the economy to the Constitution,” the report states.
It should be noted that there are efforts to have the national dialogue and the working group of six that was appointed among the elders forum, religious leaders, women situation room and civil society has since last year come up with the framework paper.
“The Inter-Religious Council of Uganda (members of which representing vast majority of Ugandans) is promoting the convening of a national dialogue on matters ranging from the economy to the Constitution,” the report states.
It should be noted that there are efforts to have the national dialogue and the working group of six that was appointed among the elders forum, religious leaders, women situation room and civil society has since last year come up with the framework paper.
National dialogue
It is not clear when the Prime Minister, Dr Ruhakana Rugunda, who initiated the national dialogue platform, will put that framework paper to use.
It is not clear when the Prime Minister, Dr Ruhakana Rugunda, who initiated the national dialogue platform, will put that framework paper to use.
According to Nandala Mafabi, Ugandans should not expect any reforms to come by soon.
He said with the NRM government doing whatever it can not to leave power, there can never be successful dialogue because it would be the first to breach the resolutions.
“If Museveni cannot differentiate between State resources and NRM party resources, how can he accept to engage in dialogue with other political parties in Uganda? Does Museveni wish anything good for the growth of political parties apart from his NRM?” Mr Nandala asked.
He said with the NRM government doing whatever it can not to leave power, there can never be successful dialogue because it would be the first to breach the resolutions.
“If Museveni cannot differentiate between State resources and NRM party resources, how can he accept to engage in dialogue with other political parties in Uganda? Does Museveni wish anything good for the growth of political parties apart from his NRM?” Mr Nandala asked.
Col Bantariza on the side of
government questioned whether the ongoing process of having a national
dialogue were hatched by the observers. Col Bantariza said the national
dialogue agenda is being pushed by some elements in the Opposition and
the government has indicated it is ready for that to happen.
“Government is ready to engage in dialogue so long as the agenda, the mediator and other actors are clearly defined. It is not the EU that can come here and influence how our country should be government. Some of the issues they are rising are common in European countries. Let the EU organise that dialogue if they are the ones with the issues to be put on the agenda,” he said.
“Government is ready to engage in dialogue so long as the agenda, the mediator and other actors are clearly defined. It is not the EU that can come here and influence how our country should be government. Some of the issues they are rising are common in European countries. Let the EU organise that dialogue if they are the ones with the issues to be put on the agenda,” he said.
Army raid on Parliament
With the Uganda security agencies, especially the police and the army coming to the political scene during the raid on Parliament and crackdown on those who were opposed to the Constitutional Amendment Bill, 2017 that saw the lifting of presidential age limits, the EU EFM report has called for police and other security forces to demonstrate “neutrality” at their work places.
With the Uganda security agencies, especially the police and the army coming to the political scene during the raid on Parliament and crackdown on those who were opposed to the Constitutional Amendment Bill, 2017 that saw the lifting of presidential age limits, the EU EFM report has called for police and other security forces to demonstrate “neutrality” at their work places.
The report condemned the act of the army raid on parliament during process of amending the Constitution.
But the police spokesperson, Mr Emilian Kayima faulted the report, saying the police has been impartial and protects everyone irrespective of their political affiliations.
But the police spokesperson, Mr Emilian Kayima faulted the report, saying the police has been impartial and protects everyone irrespective of their political affiliations.
Mr Kayima did not want to
comment about the raid on Parliament and the crackdown on Opposition
politicians and supporters during the constitutional amendment process.
He also accused the observers of not talking to all the parties involved
in their research and observations before coming up with reports.
“The police maintains an impartial position in all its activities. On the issue of not being neutral in the process of elections, there have always been high political contestations during campaigns and everyone, whether in Opposition or in the ruling party, run to police for assistance,” Mr Kayima said.
During the Constitutional Amendment Bill, 2017 process, the Opposition MPs were banned from holding joint consultative rallies as they would move from one constituency to another to seek the views of the voters on the issue at hand. Consultative rallies in Kampala and some parts of northern Uganda were dispersed by the police who used teargas to do so.
“The police maintains an impartial position in all its activities. On the issue of not being neutral in the process of elections, there have always been high political contestations during campaigns and everyone, whether in Opposition or in the ruling party, run to police for assistance,” Mr Kayima said.
During the Constitutional Amendment Bill, 2017 process, the Opposition MPs were banned from holding joint consultative rallies as they would move from one constituency to another to seek the views of the voters on the issue at hand. Consultative rallies in Kampala and some parts of northern Uganda were dispersed by the police who used teargas to do so.
Another
outstanding recommendation in the latest report and the previous report
is a call on the government of Uganda to ensure that there is unbiased
conduct of State institutions during campaigns and also the need to have
equitable coverage of candidates by State media.
“Develop a comprehensive and effective mechanism granting equal and equitable coverage of all election candidates by the State media. There is need for unbiased conduct of the institutions of the State during the campaigns period to prevent the use of State resources in favour of the ruling party,” the report affirms.
“Develop a comprehensive and effective mechanism granting equal and equitable coverage of all election candidates by the State media. There is need for unbiased conduct of the institutions of the State during the campaigns period to prevent the use of State resources in favour of the ruling party,” the report affirms.
But, Col Bantariza
lashed out at the observers saying the State media, especially the UBC
Television is ready to give coverage to any candidate during campaigns
so long as the programmes are booked in time.
He said for instance, during the presidential election campaigns for the 2016 polls, all the eight candidates could not be covered at the same time, adding that the public broadcaster ensured that each had been given coverage.
He said for instance, during the presidential election campaigns for the 2016 polls, all the eight candidates could not be covered at the same time, adding that the public broadcaster ensured that each had been given coverage.
While
dismissing the presidential elections petition filed by Mr Mbabazi in
March 2016, the Supreme Court observed that there is need for government
to put in place the electoral reforms. The bench put forward 10 action
points that need to be taken into account by the government to come up
with electoral reforms.
The EU EFM report also pointed out the issue of these reforms, saying there is no progress on the electoral reforms.
“The 10 recommendations of the Supreme Court have been more widely disseminated than those of the EU EFM. There are some areas of overlap with the two sets of recommendations. The similarities are in relation to the findings of inequality of access to the public media; on the involvement of public servants in campaigning; and, to a small extent, in relation to the time-limit for the filing of petitions.
The EU EFM report also pointed out the issue of these reforms, saying there is no progress on the electoral reforms.
“The 10 recommendations of the Supreme Court have been more widely disseminated than those of the EU EFM. There are some areas of overlap with the two sets of recommendations. The similarities are in relation to the findings of inequality of access to the public media; on the involvement of public servants in campaigning; and, to a small extent, in relation to the time-limit for the filing of petitions.
While
not contained within one of their recommendations, the Supreme Court
also made some negative findings in relation to the conduct of the
tallying process which is echoed within one of the recommendations of
the EU EFM. Discussions on electoral reform initiated by the EFM,
whether dealing with the recommendations of the EU EFM or the
recommendations of the Supreme Court, have all been deflected to the
wider matter of constitutional reform, as, beyond the specific
perspective of electoral reform, the matter of constitutional reform has
become a matter of major political debate in Uganda since the elections
of 2016.
The question of electoral reform has thus been significantly reframed within the last two years and subsumed into a broader context,” the report said.
For the Opposition, the EU EFM report was spot-on, but there are no signs whether if reforms are tabled in Parliament and approved, the government will implement them.
The question of electoral reform has thus been significantly reframed within the last two years and subsumed into a broader context,” the report said.
For the Opposition, the EU EFM report was spot-on, but there are no signs whether if reforms are tabled in Parliament and approved, the government will implement them.
Electoral reforms
According to Mr Nandala, much as the reforms, are necessary, there will never been any as longs as there is still no difference between the NRM and the State.
“NRM is still the State and to expect effective reforms will remain a dream. People continue to attend public holiday functions like the recent Labour Day celebrations in Ssembabule in NRM colours and the speeches are about NRM. So, will the electoral reforms change anything in that regard? What is remaining is for the people to raise up to the occasion and force this government out of power, “ Mr Nandala added.
According to Mr Nandala, much as the reforms, are necessary, there will never been any as longs as there is still no difference between the NRM and the State.
“NRM is still the State and to expect effective reforms will remain a dream. People continue to attend public holiday functions like the recent Labour Day celebrations in Ssembabule in NRM colours and the speeches are about NRM. So, will the electoral reforms change anything in that regard? What is remaining is for the people to raise up to the occasion and force this government out of power, “ Mr Nandala added.
However, Col Bantariza said the government is in
the process of tabling proposals for the electoral reform in
Parliament. He, however, questioned the role of the EU in the process of
making electoral reforms in Uganda. He said the Ministry of Justice and
Constitutional Affairs is working on the comprehensive proposal for
electoral reforms.
“Are they (EU) planning for this government or we plan for ourselves?” he asked adding, “all the recommendations of the EU observer mission and the Supreme Court can be implemented at the time we see it right for them. The EU should not come to audit us or query what we have done or not done. Many of the recommendations require a lot of money to implement and it is up to the government to handle one by one or all.”
“Are they (EU) planning for this government or we plan for ourselves?” he asked adding, “all the recommendations of the EU observer mission and the Supreme Court can be implemented at the time we see it right for them. The EU should not come to audit us or query what we have done or not done. Many of the recommendations require a lot of money to implement and it is up to the government to handle one by one or all.”
The Opposition and civil society
organisations put pressure on the government to first put in place
electoral reforms ahead of the 2016 general elections but nothing done
was done. Among the reforms they were pushing for was the removal of the
power of appointing the members of the electoral commission from the
President. They wanted those positions to be publically competed for.
President Museveni’s government did not heed that call. He, however, appointed Justice Simon Byabakama as new EC chairperson together with other new members to replace the one headed by Mr Badru Kiggundu.
President Museveni’s government did not heed that call. He, however, appointed Justice Simon Byabakama as new EC chairperson together with other new members to replace the one headed by Mr Badru Kiggundu.
mkthembo@ug.nationmedia.com
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