Preliminary Statement on the 2016 Presidential and Parliamentary Elections

Issued February 20, 2016

UGANDAS HOPE FOR FREE AND FAIR ELECTIONS DASHED

The Citizens Election Observers Network Uganda (CEON-U) is a consortium of 18 (eighteen)
national and 23 sub national civil society organisations that aims to enhance the integrity of the
election process by providing evidence-based, impartial assessments, deterring and exposing
irregularities, and increasing citizen participation in Ugandas electoral process.
This statement draws on CEON-Us tabulation process observation, which involved deploying
observers to all 112 district tally centres and four at the National Tally Centre. It also reflects on
CEON-Us six-month, nationwide observation of the pre-electoral process. CEON-U deployed 223
long term observers (LTOs) in all 112 districts of Uganda. To complement LTO findings, several
organizations under CEON-U also observed specific aspects of the election including media,
campaign financing, security and gender and womens participation. CEON-U deployed more than
1250 observers for Election Day to all 290 constituencies across all 112 districts. This included
conducting a sample-based observation (SBO), which involved deploying 700 sample-based
observers to a random, representative sample of polling stations.
While Election Day processes and tabulation at the district level were conducted relatively well,
with the exception of certain locations, the credibility of the overall election process was
undermined by fundamental and structural flaws. The context in which Uganda holds its elections
cannot allow for free, fair and credible elections.
CONTEXT
Ugandas legal framework limits the foundation for conducting credible elections. These limitations
prompted civil society to produce the Uganda Citizens Compact on Free and Fair Elections, which
includes recommendations for legal reform: overhauling the Electoral Commission to ensure
independence and impartiality; reforming the demarcation of electoral boundaries; ensuring
recruitment of polling officials is done in a transparently, competitively and based on merit; and
the establishment of an independent judiciary to adjudicate on electoral disputes impartially.
These recommendations were not taken up for the 2016 elections.
Beyond the legal framework, the concentration of power in the presidency and the use of the
security agencies beyond their constitutional mandate sends a message to voters that the playing
field is not level and undermines confidence in the electoral process. Throughout the electoral
process, there have been several troubling incidents that continue to illustrate the trend of
indiscriminate use of the Public Order Management Act (POMA) and Police Act as Amended (2006)
against opposition candidates and parties. This is evidenced by the arrest of Rtd. Col. Dr. Kizza
Besigye at least three times during the week of elections, as well as the disproportionate use of
force, including tear gas and live ammunition, on opposition supporters and other Ugandans.
1

As previously reported in the CEON-U long-term observation reports over the past six months, we
have observed widespread abuse of state resources, such as using government vehicles, staff or
buildings to conduct meetings, rallies and campaigns.1 Most candidates have spent money on
bribing voters and election officials. CEON-Us 223 LTOs observed a consistently higher number of
these abuses by NRM presidential and parliamentary candidate agents compared to other
candidates.
The election campaigns were generally peaceful and candidates were largely free to traverse the
country and seek for votes. We congratulate Ugandans for the active participation during the
campaign process. However, they were also characterized by excessive expenditures by all
candidates. Campaign expenditures for the ruling party have been exceedingly high. The Alliance
for Campaign Finance Monitoring (ACFIM) reported that between May and December 2015, the
minimum campaign expenditures for NRM and its candidates was nearly 70 times more than that
of the nearest party (FDC).2
Despite the constitutional provisions on gender equality and womens equal participation in
politics, the number of women as candidates has barely increased. This is in part due to the failure
of parties to nominate women for open seats, the exorbitant amount of resources required to get
nominated and to run in elections, and discrimination against women. The Womens Democracy
Group February 2, 2016 report3 outlines these challenges that women in politics continue to face.
Freedom of the media and freedom of speech is a precondition for holding meaningful elections.
CEON-U applauds the media for providing dedicated space for elections in their various
publications and the internet. Social media has played a role in informing Ugandans despite its
misuse in some instances. However, in these elections, media rights were curtailed, as evidenced
by self-censorship, harassment, assault, and destruction of equipment. The Human Rights Network
for Journalists - Uganda (HRNJ-U) has documented 50 election-related cases reported by journalists
and media houses. Media monitoring reports by the African Centre for Media Excellence (ACME)
showed that the Uganda Broadcasting Corporation (UBC) devoted more airtime to the incumbent
candidate.4 Most recently, the Uganda Communication Corporations (UCC) decision to restrict
social media use on and after Election Day limited citizens meaningful access to electoral
information.
It is worth noting that these are many of the same problems that have plagued Ugandas elections
many years in 2006 and 2011 credible citizen and international observer reports raised these
concerns.
TABULATION PROCESS
CEON-U reported its preliminary Election Day findings in its February 19 statement.5

www.ceonu.or.ug
www.acfimuganda.org
3
www.wdnuganda.org, www.uwonet.org
4
www.acme-ug.org
5
http://j.mp/ceonelection
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As Election Day concluded, CEON-U deployed 112 observers to district tallying centres and four
observed the National Tally Centre. Several tally centres experienced long delays in transmitting
results, lack of transparency, as well as disruptions and even violence in some cases, were noted.
Whereas CEON-U observed that results were posted at 91% of polling stations on Election Day, at
the National Tally Centre results are only released in an aggregated manner, which does not give
the opportunity to the public to verify the results at the primary level. This lack of transparency
creates uncertainty, which undermines public confidence in the results. This is compounded by the
Electoral Commissions restriction on observers from stating any quantitative results
information.6
The tabulation process was disrupted in 17% of district tally centres, including in Kasese, Mbale,
Bulambuli, Bujiri, Buikwe, Jinja, and Bukwo. These disruptions were due to several reasons,
including delays in declaring results. Police were present in 41% of district tallying centres, the army
was present in 15%, and crime preventers in 10%.
At the district level, party agents of Amama Mbabazi were present in 48% of tallying centres. Party
agents of Yoweri Museveni were present in 93% of polling stations. Party agents of Kizza Besigye
were present in 88% of polling stations.

Agents of Amama Mbabazi disagreed with the presidential results tally in 4% of tally centres
where they were present, including in Butambala and Luuka.
Agents of Yoweri Museveni disagreed with the presidential results tally in 4% of centres
where they were present, including in Kiboga, Butambala, Butaleja, Luuka, and Lira.
Agents of Kizza Besigye disagreed with the presidential results tally in 3% of centres,
including in Butambala, Butaleja, and Luuka.

Across district tally centres, CEON-U observers noted that candidate agents requested a total of six
recounts for presidential election results, which included Moyo, Luuka, and Mbarara.
In Jinja and Kabale, the Declaration of Results forms were not delivered to the district tallying
centres. In 20% of district tally centres, returning officers did not make a copy of sub-country results
available to party agents and observers.
CEON-U will continue to observer the local council elections and will issue a final report on the
entire election in the coming weeks.

For more information about CEON-U contact Dr. Martin Mwondha on 0788929052 or
email cahimbisibwe@ceonu.or.ug or visit our website at http://www.ceonu.or.ug.
CEON Uganda Towards 2016: Conducting a Unified, Comprehensive and effective election
Observation Mission in Uganda. You can also visit the FHRI offices in Nsambya.

Electoral Commissions General Elections Handbook for Observers Article 6.1(j)