TAKING STOCK OF MULTIPARTY POLITICS IN UGANDA - CHALLENGES 1. The right to freedom of expression is internationally recognized as a fundamental human right forming the cornerstone of democratic societies. Ensuring the full realization of this right, however, remains a challenge, particularly in the area of media freedom. Increased incidences of violence and harassment against journalists, especially by security agencies, attest to this. 2. Attacks have been disproportionately noted against journalists covering events related to the political opposition. Moreover, journalists continue to be arrested and charged with criminal defamation and treason, among other charges. 3. Freedom of expression also extends beyond expressing ideas and information to seeking and receiving information. The right of access to information is protected by Article 41(1) of the Constitution of the Republic of Uganda, 1995 and the Access to Information Act, 2005. Unfortunately, the Access to Information Act Regulations, 2011 contain provisions that make accessing public information unnecessarily costly and cumbersome. 4. A multi-party democracy requires a vibrant and fully functioning opposition. Many members of opposition parties, however, have alleged that they have faced intimidation and harassment by the state. One of the consequences of this intimidation and harassment is that many members of the public are afraid to be associated with opposition parties. This hampers the ability of the opposition parties to mobilize support and to provide the public with alternative views. 5. A lack of resources has further hindered the ability of political parties to operate effectively. In Africa, 33 countries have laws providing for funding of political parties, including Uganda. S.14A of the Political Parties and Organisations (Amendment) Act, 2010 provides that Government shall contribute funds or other public resources towards the activities of political parties or organisations represented in Parliament in respect of elections and their normal day to day activities. This provision, however, is yet to be implemented. The general perception among opposition members is that this is a deliberate attempt by Government to subvert the opposition. Political parties are further hampered in attracting financial resources from foreign donors. S.14(1) and (3) of the Political Parties and Organisations Act, 2005 provides a limitation on contributions from a foreign donor of twenty thousand currency points (one currency point equals UGX 20,000), and a total of two hundred thousand currency points from all foreign funding combined within any period of twelve months. Opposition parties are further restricted in attracting financial resources from private financiers because of the fear of potential financiers of being persecuted by the Government, putting the opposition parties at a disadvantage. 6. The legitimacy of political parties is derived from their ability to provide alternative views and policy positions to the population. This, however, remains illusory, as political parties are rather based on individual political persuasions than on a common party ideology or agenda. This has led to a lack of discipline within political parties. In a multi-party democracy it is important that a party aggregates citizens’ demands and, based on these demands, champions a collective vision. Many politicians, however, prefer to champion their individual opinion rather than the common party position, weakening the functioning of the political party in question, as well as the multi-party system as a system of governance. 7. The independence of the Electoral Commission is crucial in ensuring free and fair elections. Even though Article 62 of the Constitution of the Republic of Uganda, 1995 provides for the independence of the Electoral Commission, the Electoral Commission’s autonomy and impartiality is reported to be under threat. Many of the respondents interviewed attributed this to the appointment process of the commissioners to the Electoral Commission by the President. Coupled with a lack of security of tenure of commissioners, such a process was faulted for rendering the Electoral Commission susceptible to undue influence by the appointing authority, thereby eroding its independence. 8. An inaccurate voter’s register and widespread electoral malpractices further hinder the organisation of free and fair elections. Institutions mandated to register citizens are fragmented and operate sporadically, which has resulted in widespread allegations that the voter register is filled with multiple entries, foreigners and other ‘ghost voters’. The inaccuracy of the voter register has been cited as a major contributing factor to disenfranchisement of the electorate. 9. Commission of electoral malpractices with impunity, where those found guilty of electoral fraud re-contest for the same seat during the subsequent by-election, is another major concern, raising doubts regarding the authenticity of elections. 10. The principle of separation of powers is premised on the notion of checks and balances. The arms of Government should operate independently and oversee each other to ensure they do not abuse their powers. It has been alleged that the ruling party, the NRM, and the state are fused together. It has further been asserted that undue influence of the executive on the other organs of the state erodes the principle of separation of powers. The question with regard to the current 9th Parliament is whether the Parliament’s tripartite function to legislate, represent the electorate and oversee the executive is reflective of the interests of the citizens. Widespread absenteeism among MPs, as well as the high number of silent MPs who do not fully understand the operations of Parliament, have further hampered the proper functioning of the legislature. 11. The third arm of government, the judiciary, is seemingly less coordinated with the other arms of government, although it continues to experience incidences of interference. For example, the delay in the appointment of judicial officers, which negatively impacts on the effective functioning of the judiciary. 12. Other institutions that impact on the political process are the security forces. The Uganda People’s Defence Force is to be non-partisan and nationalistic in their operations, as per Article 208 of the Constitution of the Republic of Uganda, 1995. They are, however, often perceived as NRM-leaning and are closely intertwined with the state. The security forces have, at times, negatively impacted on the growth of the multi-party political system by dispersing opposition rallies as well as using excessive force during elections and demonstrations. The Uganda Police Force is, perhaps more than any other institution, a victim of the flawed political system in which it operates. They are mandated with striking a delicate balance between upholding the rights of the citizens and maintaining law and order in an environment where there is an increasingly restrictive civil society space and an increasingly volatile population. 13. Civil society organisations are an important actor in enhancing democratic values and expanding the civic space for democratic participation. The space for civil society organisations to operate has narrowed steadily due to the harassment of human rights defenders as well as an increasingly restrictive legal framework, such as the Non-Governmental Organisations Registration (Amendment) Act, 2006. This Act gives the National Board of Non-Governmental Organisations, discretionary powers to approve or reject applications for registration of nongovernmental organisations as well as to grant or revoke certificates of registration. The narrowing of the operating space for civil society organisations diminishes their ability to promote multi-party democracy. 14. Development partners and foreign governments play an equally significant role in fostering multi-party democracy by supporting civic initiatives, political parties and the state. National interests are, however, a necessary primary concern, and have at times hampered their ability to support the growth of the multi-party democracy in Uganda. As internal accountability mechanisms remain weak, the international community acts as a necessary watchdog. Accountability of the Government to foreign donors, rather than to its own citizens, however, decreases the ability of the public to scrutinize the Government.
Posted on: Sat, 15 Feb 2014 09:10:18 +0000
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