UGANDA LAW SOCIETY STATEMENT (Tuesday 23rd Feb 2016)
Learned Colleagues,
It is evident that a sombre mood hovers over many parts of our Country
after the recently concluded Presidential and Parliamentary elections.
Presidential election results were announced when at least one Presidential
Candidate was under house arrest. That candidate has continued to be
variously incarcerated and press reports indicate continued multiple
arrests of opposition supporters. In particular, one opposition political
party the Forum for Democratic Change appears to be taking most of the
brunt of police and security actions which many in the population appear to
frown upon. Ugandans were treated, during and after the vote to a menu
consisting of tear gas, firing of live rounds in multiple locations in
Wakiso, Kasese, Mukono, Kampala, Omoro and Jinja and in some cases there
are reports of violent clashes among members of the population. Recent
reports also suggest that another Presidential candidate appears to be
under house arrest as well. It has also emerged as a serious concern that
the Declaration of Results forms which are by law the basis of tallying of
the national result were absent or unavailable at the National Tally Centre.
We must however leave all the fact finding and the evaluation of the
circumstances under which most of these events took place to the Courts to
avert any triggers for violence. The Courts have the power to set aside an
election if it is proved to the satisfaction of the Court there is
non-compliance with the provisions of the relevant law, or if Court is
satisfied that there was failure to conduct the election in accordance with
the law and that the noncompliance and failure affected the result of the
election in a substantial manner. The Courts have put aside the next six
months to attend to only election petitions. Let us trust our Courts and
let all aggrieved parties file their grievances with the Courts.
It is clear to any observer that there are deep-seated grievances amongst
the populace. Moreover, we continue to see high numbers of heavily armed
security forces on the streets and a Presidential Candidate who should be
facilitated to exercise his right to petition the election results is in
jail. There is fear, fear of the unknown, fear of violence, fear of
arrests, fear of tear gas, fear of live bullets etc. In an ideal situation,
the people should not be afraid of their People's grievances and address
them. Looking at the campaigns and the issues that arose among the people,
it is clear that key among these grievances are;
i. The restoration of presidential term limits in the
Constitution, strengthening the governance and independence of the
Electoral Commission and other proposed reforms that Government ignored
from a document that was referred to as the Citizens Compact;
ii. Rampant and run-away grand corruption;
iii. Endemic institutional inefficiencies;
iv. Unprecedented levels of poverty, gross inequality and
unequal opportunities
v. Overwhelming youth unemployment
vi. Ineffective and in some cases nearly inexistent
delivery of public goods and services.
All these have led to lack of trust in the Government and will be critical
issues for any new Government.
People want a Government that creates an efficient and dynamic market that
assures prosperity. The unfair treatment of a Presidential Candidate and
the arrests of his supporters breed feelings of injustice and intolerance
for political parties. Political parties are fundamental pillars of
democracy. It is also a strange occurrence in an environment of multi-party
politics.
As we look at the aftermath of the election, we call on all citizens to
maintain law and order and desist from any form of violence. We call on
political leaders to practice the politics of inclusion and empathy so as
to deepen democracy in Uganda.
We further call for:
* All aggrieved parties, Presidential and Parliamentary candidates, to
petition the Supreme Court and High Court respectively for the necessary
orders.
* The Courts to ensure speedy electoral justice by efficiently resolving
complaints to avoid further triggers for electoral violence
* The Police to observe the human rights of the media and all Ugandans
and desist from using unreasonable force and illegal detention of
opposition leaders and their supporters.
* The 10th Parliament to carry out the much needed constitutional reforms
as their first business.
* The Electoral Commission to learn from this election and make the
desired improvements; including, the display of a signed copy of the
declaration of results form at each polling station which we believe is
vital In preventing manipulations at the Sub-County and District.
* An inclusive National agenda of all political parties and discourage
winner-takes-all Government
* Political and District leaders to explore democratic dialogues for
communities to discuss their grievances openly at community centres. This
will help to reduce deep-seated anger, prejudices, and misunderstandings
among the conflicting groups.
* In due course, when the animosity has come down and trust is rebuilt
within communities and as the People heal from this process, Political
leaders to consider engaging in a National Democratic Dialogue to enhance
and deepen democratic governance in Uganda.
As People and Communities are fragile now, we should all work toward peace,
reconciliation and healing which are the most fundamental elements for
social stability.
UGANDA LAW SOCIETY
http://uls.or.ug/
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