2021 Electoral Commission Roadmap Can Be Challenged In Court

2021 Election Roadmap

Hon. Asuman Basalirwa and Kyadondo East MP Robert Kyagulanyi during a recent campaign rally. Such rallies have been outlawed for the 2021 elections

BY PATRICK JARAMOGI

KAMPALA, Uganda|SHIFTMEDIA NEWS| Uganda will for the first time in history hold elections without open-air campaigns due to the Corona virus pandemic.

The Uganda Electoral Commission early this week unveiled a roadmap for the 2021 general elections roadmap.

The Electoral Commission boss Justice Simon Byabakama said that in line with the COVID-19 prevention measures, no mass campaigns will be allowed. According to the roadmap, presidential, parliamentary, and other local councils elections will be held between January 10 and February 8, 2021. Unlike previous elections were mass rallies were held by candidates, campaigns for the 2021 general elections will be carried out through media, (Radios, Televisions, and social media).

Uganda 2021 Elections
Justice Byabakama

And this is the main point of contention raised by civil society, religious leaders, academia, and analysts.

During a zoom meeting dialogue organized by Freedom House on the SoPs (Standard Operating Procedures)  for the Electoral Commission 2021 general elections roadmap, this week, civil activists, lawyers, and members of parliament punched holes on the planned ‘scientific elections’.

The MP for Bugiri Municipality, Hon. Asuman Basalirwa said the Electoral Commission would be sued if it went ahead with its plan to hold scientific campaigns. “Our constitution and electoral laws don’t have anything related to what Justice Byabakama said.”

Speaking during the zoom meeting held this week, Basalirwa noted that our laws demand that consultations be held a year in advance prior to elections. “Elections are no longer an event, they are a process. It is not good to flout electoral laws, so why the hurry? EC did not consult the relevant stakeholders,” he said. Basalirwa, a lawyer, said that presidential directives don’t institute a law. SoPs are not gazetted under our laws, let them bring these to parliament first, so that they are gazetted,” he advised.

However, in a rebuttal, Hon, Lydia Wanyoto, the National Chairperson NRM Women’s League,  during the meeting moderated by Michael Aboneka urged the opposition to steer ahead and plan early as directed and guided by the electoral commission.

“Everyone knows that COVID is here, and it kills. The fact that we have never held such campaigns or elections shows the gravity of the pandemic. But for us in the NRM we shall start meeting to discuss how to go forward,” said Wanyoto.

Hon. Lydia Wanyoto Mutende

She said at the NRM party, there is always a window on how to proceed. “Let us go on with an open mind and engage the electoral commission to go in for a win-win situation,” she advised. Adding: “Let us navigate the electoral process with the law, but bearing in mind the COVID-19 pandemic.”

Michael Aboneka, a lawyer and activist said announcements by the electoral commission regarding the 2021 roadmap raises fundamental views that need serious scrutiny. “Parties may need to revise their constitution to suit the roadmap,” he said.

Bob Kirenga from the National Coalition of Human Rights Defender Uganda (NCHRD-U) urged parties to strategise further and be agile.

“you can’t rely on the state to build your capacity, parties, including the opposition should have audience regarding the roadmap. Let us strategise and be agile,” he said. Crispin Kaheru, the former coordinator Citizens Coalition for Electoral Democracy in Uganda (CCEDU) said that the roadmap released by the electoral commission would mostly favor the incumbent.

Crispin Kaheru

Kaheru noted that the electoral commission didn’t consult with the relevant stakeholders prior to releasing the roadmap.

He said the field for holding of digital elections is not leveled in Uganda given the fact that the country has few radio and television stations.

According to the latest Uganda Communication Commission figures of January 2020, Uganda has 26.7 million telephone subscribers as of December 2019. Of these, 6,614,153 have smartphones.

Most TV stations in Uganda are paid for

According to UCC figures, there are 292 licensed radio stations and 1.686,269 TV subscribers who mainly access channels through monthly subscriptions owing to digital migration from analogue to Digital Terrestrial Television.

Kaheru said there is a need for the Electoral Commission to engage with relevant stakeholders to ensure that all candidates are given equal and cost-efficient broadcast airtime.

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