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MEMBER OF PARLIAMENT
PRELIMINARY STATEMENT
September 6, 2020
A last-minute directive by the NRM Chairperson on the eve of the election in lieu of the NRM
Electoral Commission (EC) Chairperson to allow all voters who may not be on the NRM register
but can be verified by the NRM Village Executive Committee as NRM members, caused
confusion. Observers reported, voters names missing on the register, voters names crossed from
the register, multiple voting, voting by non-NRM members, ferrying of voters, Underage voting
contrary to the NRM Constitution1, apprehension and delays polling on September 4, 2020.
Lining up as a method of polling was met with reservations among some voters due to delays in
the beginning and concluding of the process. Disregard for standard operating procedures
issued by the Ministry of Health and the NRM EC for prevention of covid19 may lead to an
increase in community infections.
Lining up compromised the secrecy of the ballot and caused abstentions by voters who were
bribed by all candidates and feared to be witch-hunted. The violence which resulted in the death
of some citizens e.g. in Bukono constituency and Kapujan sub-county2 on September 4, injuries
sustained by some voters during campaigns, and postponement of elections in some
constituencies affected the integrity of NRM primary elections. The use of money as a major
motivator to bribe voters compromised the integrity of the electoral process.
On a positive note, the NRM party's primary elections demonstrated enthusiasm on the part of
voters and candidates throughout the processes. This citizens’ participation is important for
electoral democracy in Uganda. However, what remains to be addressed is the quality of
participation. The high levels of voter bribery and violence hampered the quality of citizen
participation.
INTRODUCTION
On September 4, 2020, the National Resistance Movement (NRM) party held its party primary
elections for persons contesting for Member of Parliament (MP) at the constituency level and
district woman MP. The National Election Watch-Uganda (NEW-U), a consortium of 60 Non-
1 Report by NEW-U observer, Amudat district; Lokitimo polling station and contrary to directives on NRM elections by the
NRM party chairperson issued on September 3 2020 and the Constitution of Uganda (Article 59 (2))
2 Simon Peter Emwamu, Daily Monitor newspaper, September 4 2020
governmental organizations (NGOs) in Uganda, which will be officially launched on September
10, 2020, deployed election observers in thirty-five (35) districts.
NEW-U developed
a tool for collecting
data on the polls
which its observers
completed to
inform this
Statement. Apart
from the tool,
NEW-U observers
conducted
interviews with
male and female
voters of various
ages at the polling stations, some of the NRM party officials, supervisors, candidates and their
agents at the polling stations.
SUMMARY FINDINGS
The nominations for various elective positions passed without major incidents except for the
highest position of President and party chairperson which did not attract any competition. On the
other hand, the position of MP attracted a lot of competition with a total of 1,112 for the open seat
and 584 for the district woman MP seat3. A few candidates especially new candidates complained
about the cost of nomination fees for MPs of 2,000,000/=. A few of the candidates who were
comfortable with the fees noted that it was one of the ways of raising money for the party to support
its candidates especially women and youth.
Prior to polling day, the NRM voters register
which was displayed for voters to verify their
details was found by members in different parts
of the country not to be reflective of the party
membership. Some of the registers were
characterized by missing names4, unsigned but
stamped registers, faintly stamped registers5,
accusations of names of non-NRM members
appearing on the register, among others6.
Voters participated in the campaign events with
Figure 1 Verification of voters names on the NRM register, Oleny
the majority oblivious to the threats posed by
polling station, Nebbi district, September 4 2020
7
Ibid 1
8 Ibid 1
9 Ibid 1
10 NTV-Uganda 9:00 o’clock news September 3 2020
11 Minister Rukutana was seen by NEW-U observers threatening to shoot supporters of his opponents with a gun on September 6
The chart above represents the time at which voting began. 11:00 a.m. is the time that had
been communicated by NRM EC as the time at which voting should begin. 7% of polling
stations began voting before 10:00a.m. 29% of polling stations began between 10:00am-
11:00am while 64% began voting after 11:00am.
In Kirinya-Bweyogerere
polling station, voting began at
11:45 am. Voters who turned
up after that time were not
allowed to vote.
17
Niva primary school polling station, Arua Central Division, Arua district, Usuk county, in Katakwi district
c) Lining up attracted mixed reactions. The
majority of the voters NEW-U observers spoke
to stated that it had a psychological effect on
voters because some did not make a decision
based on the candidate of their choice but the
length of the line behind the candidate; some
voters did not vote because they had received
bribes from all candidates and preferred to
abstain; some women NEW-U observers spoke
to in Niva Primary school polling station, Arua
central division, Arua District stated that they
preferred not to exercise their right to vote
Figure 3 Nkoma polling station, Kamwenge district
because their husbands expected them to vote for
candidates who were not of their choice, others stated that some of the candidates were
their relatives but not their preferred choice. To avoid conflict in their homes, they
abstained from the exercise. Campaigns continued even when voting (lining up) began.
Some voters who argued for lining up stated that it was fast and candidates would know
their results immediately after the voting (lining up). A few women stated that it took a
shorter time and enabled them to return to their chores after voting while some voters in
towns like Kyaliwajjala disagreed. They noted that they had to wait for the processes of
voter verification to conclude prior to lining up and this wasted their time. As a result, some
did not vote and returned to work.
It is imperative to note that the sentiments expressed by voters about lining up augment the
view that lining up does not guarantee the principle of secrecy of the ballot and the sanctity
of the vote as enshrined in international principles and standards for voting.
d) Some female youth voters whom NEW-U observers spoke to in Niva primary school
polling station, Arua Central Divison, Arua District did not vote because they did not
identify with the candidates’ messages during the election campaigns.
e) Counting of votes (people in the line) in some places such as Obulengoruk parish and
Omukunyo Parish in Okulongyo Subcounty in Katakwi District was not orderly because
of the large numbers at the polling station. The delay in the release of final results in
districts such as Koboko, Arua, Kanungu, and Kiruhura caused anxiety and suspicion
among candidates, agents, and their supporters. By 11:00 pm some results had not been
declared even when voting in most polling stations ended by 4:00 pm.
f) Some candidates refused to concede defeat even when the results showed that they had lost
especially in races that did not register substantial irregularities.
g) The Ministry of Health covid19 prevention standard operating procedures were not
followed in all the polling stations observed.
PRELIMINARY FINDINGS
1. POLITICAL BACKGROUND
The NRM party's primary elections for MP were held in the context of new rules for voting by
lining up behind a candidate of one’s choice. In addition, the members’ register was not
regarded as the basis for voting. Voters who identified themselves as members of NRM even
if they were not on the NRM Voters' register were allowed to vote. This was following a
directive by NRM Chairperson on September 3, 2020, contrary to the provisions of the NRM
Constitution which confers these powers to the NRM EC.
Apart from the position of party chairperson and presidential candidate of NRM which did not
attract competition, 2051 aspirants picked nomination forms for the position of MP. Of these
1,112 picked forms for the open seat while 584 picked forms for the district woman MP seat18.
With the nomination fees of 2,000,000/= paid by each candidate, the NRM party collected
about 2.4billion Uganda shillings19.
2. LEGAL FRAMEWORK
In July 2020, the NRM issued the final Guidelines to party members on the party's primary
elections.
o Article 39 (10) (a) of the NRM Constitution (2015 Reprint) gives the NRM EC the mandate
to organize and conduct all elections within the party. Pre-election, polling, and post
polling day activities for NRM include:
o Formulation of election rules and regulations for all internal party elections in line with
Article 39 (10) ( c) and (d) of the NRM Constitution;
o Voter education on the electoral process including the new mode of election (lining up)
and covid19 standard operating procedures. The NRM Electoral Commission and relevant
party structures are supposed to conduct continuous voter education on the electoral
process by use of the information desks, press releases, brochures, FM radio talk shows,
and information dissemination effort through print media;
o Review of NRM EC officials in the district including at district, sub-county, parish, and
branch in line with Art. 39 (11) of the NRM Constitution;
o The NRM EC at the national level is responsible for the training of NRM EC officials at
all levels with the electoral process and covid19 Guidelines.
o Aspiring candidates express interest online and pick nomination forms for various seats
o Polling days for various elective positions.
Some voters accused the NRM district officials of siding with some candidates. In addition, the
issuance of directives on who could or could not vote on September 4, 2020 by the chairperson of
the NRM party instead of the NRM Electoral Commission could be construed as usurping of
powers of the party Electoral Commission and compromises the principle of independence of an
Electoral Commission.
ELECTION ADMINISTRATION
According to Article 39 (10) (a) of the NRM Constitution: one of the functions of the NRM EC
shall be: to organize and conduct elections within the organs of NRM. In line with its mandate, the
NRM EC issued a final road map for the party's primary elections in July 2020. One of the
safeguards for the election was the voters' register which would be used to identify voters on
polling day. In addition the EC would conduct voter education on the election process including
the new mode of election (lining up) and covid19 standard operating procedures.
NEW-U observers noted that verification of voters was not done according to the directives by the
NRM party chairperson. As long as a person came to the polling station with a national identity
card, he/she was added to the register without verification by the Village Executive Committee.
As a result, some NRM supervisors expressed apprehension that voters who belong to other
political parties could vote for weak NRM candidates to reduce their chances of winning in the
general elections especially in areas where the opposition has strong candidates. The process of
voting was directly affected by the confusion caused by the new directive. As a result, voting began
late in some stations, therefore some voters were frustrated by the delays and left the polling
station. Some candidates’ agents used the delays to ferry voters from one station to another to
vote20. In the affected stations, agents of affected candidates refused to sign the declaration of
results form.
NEW-U observers noted that on polling day, most voters were aware that voting would be by
lining up. However, in all the stations observed by NEW-U, very few voters wore masks, there
was no social distancing or washing hands as required and announced by the NRM EC. In a few
stations, at the beginning of the polls, the NRM officials provided some water and soap to voters.
However, as the day progressed, the water was used up and not replaced. More so, some of the
few voters who wore masks lowered them from the faces to their chins when arguments arose at
the polling station. The spread of covid19 according to scientists can be contained by adhering to
SOPs such as washing hands, wearing masks, and social distancing. This omission could
potentially lead to an increase in community infections.
NOMINATIONS
Apart from the position of party chairperson and presidential candidate of NRM which did not
attract competition, 2051 aspirants picked nomination forms for the position of MP. Of these 1,112
picked forms for the open seat while 584 picked forms for the district woman MP seat21. With the
nomination fees of 2,000,000/= paid by each candidate, NRM party collected about 2.4billion
shillings22.
CAMPAIGNS
While campaigns in the majority of the districts were conducted peacefully, some constituencies
experienced violence which in some cases led to death. Some of the constituencies affected
include; Mawogola North and Mawogola South, Koboko Municipality, and Sheema municipality.
Part of the violence arose the tensions created by close races between the candidates, unfair
application of the election law by Police, and indiscipline of candidates and their supporters. As
a result, some of the elections were postponed by the NRM EC including Mawogola North,
Mawogola South, and Bukono constituency.
20
Ibid 10
21 Anthony Wesaka, Daily Monitor newspaper, August 5 2020
22 Ibid 11
In Koboko municipality in Koboko district, violence was
observed and documented by NEW-U election monitors
on August 9 2020 following police intervention to stop a
procession of Dr. Charles Ayume’s supporters. During the
scuffle between police and Dr. Ayume’s supporters, 25
people were injured and others were arrested. Hon. Anite
Evelyn’s billboards were burnt. Hon. Ayume’s supporters
accused police of bias because on August 8, 2020, Hon.
Anite’s procession was not stopped by police despite
breaking all the SOPs issued by the Ministry of Health and
Figure 4 Dr. Charles Ayume’s supporters: Koboko Guidelines of the NRM EC.
district, August 9 2020
1. A clean and accurate voters’ register is core to a free, fair, and credible election. The NRM
party should invest resources and time to compile, update, display, and clean its
membership register. This will reduce the number of complaints and possibly petitions
about the party's primary elections. In addition, the certainty of election processes is
important for organizing genuine, credible, free, and fair elections.
2. The Electoral Commission of any election is responsible for organizing, conducting, and
supervising an election. The independence of the EC officials is exhibited in the manner
through which they perform their mandate, independent from the direction or authority of
any person or institution. All party officials, despite their position, should desist from
issuing directives about the electoral process. This can be construed as interference in the
mandate of the party EC. Additionally, party officials should be trained and committed to
performing their roles without the direction of any person or authority within the party.
3. Messaging to citizens on SOPs amidst covid19 should focus on getting them to take
responsibility for their health. The Uganda police force and party officials should ensure
that party members and voters adhere to SOPs provided by the Ministry of Health in their
respective parties.
4. Party leaders should encourage competition for all positions including their own in order
to reduce the possibility of a vacuum. One of the advantages of having competition for all
party positions is that it exposes new leaders to the party membership and citizens to new
leadership.
7. Police should apply the election laws and guidelines on election campaigns equally to
ensure a level playing field for all candidates.
9. Political parties should strive to apply election rules fairly to all candidates. The process
for addressing complaints should be clearly explained to candidates and voters and a time
frame should be set and communicated. This will enhance cohesion and trust in party
systems and processes. Equal application of clearly set party rules can attract members and
resources to a political party.
10. Political parties should set up mechanisms and systems that allow for free and fair elections
to promote internal democracy and party cohesion.
11. Dealing with defeat after a free and fair internal party election should be integrated into the
orientation of candidates and the culture of the party to enhance cohesion and respect for
democracy.
12. Security personnel, candidates, and their agents should desist from inciting any forms of
violence during electoral processes. Violence affects the integrity of the electoral process
and causes unnecessary loss of lives and property. The Uganda Police force should arrest
and charge all perpetrators of election violence without discrimination.
13. NRM needs to revisit the process of voting using lining up based on the challenges that
were reported. The secrecy of the vote is an international standard for holding elections
which enhances the participation of all women, and men in an election.