Frederick Ssali
11 November 2009
opinion
Kampala — ARE 'ghost voters' fiction or reality? 'Ghost voters' refer to the practice of voters in a legislative body taking part in a vote where they are not physically present either because they are dead or never existed.
The phenomenon is not new and Uganda is not an exception. Voter fraud raises many issues. However, it is time for collective responsibility than apportioning blame. Is it a question of one million ghost votes or not? Collective responsibility for all key players irrespective of party affiliation is demanded and not a choice. Short of that, as Chinua Achebe puts it, there will be little to choose between rotten palm nuts and a broken mortar. If the phenomenon is not new, why did it cause such a storm in the Ugandan press?
Across the political spectrum there seems to be a consensus that something is wrong with the electoral register. If this is so, who is to blame? This should be the starting point to understand the genesis of the problem and and how to correct the anomalies. If this is not done, all parties will be soiled in the process and future generations will not forgive us.
In 1995 President Museveni said that loyalty to the NRM was voluntary. However, loyalty to Uganda from all citizens is mandatory. He also said that when the people of Uganda, by majority vote, decide on a course of action, they satisfy the democratic requirements of the state. This is the time for all the parties to be patriotic and work together to flash out ghost voters. We should not wait for the NRM or any other political party's supporters to decide that enough is enough with voter fraud!
The constitutional process of Uganda has achieved painstaking milestones and created room for solutions. This was achieved through sacrifice and compromises at the negotiation table.
This also gave birth to the Bill of Rights principles under Chapter 4 and fundamental rights and freedoms which include the Political Parties and Organisation Act 2005 which also covers the role of the Electoral Commission (EC) in overseeing the activities of the political parties.
The Electoral Commission Act 1997 also provides a comprehensive framework to establish an independent EC vested with powers to ensure the enforcement of election laws. Electoral constitutional paradigms have been set and an impressive electoral record since independence tracked. Why the question of ghost voters? Where is the lapse?
The Uganda African Peer Review Mechanism/NEPAD report recommended that the paradigm for and an effective electoral system is holding regular elections. It commended that in general terms citizens have been allowed to freely participate in electoral politics.
The report authenticates that unlike elections of early post-colonial era, the period under discussion (1986-2009) has witnessed a record 13 elections. These are the 1986-87 Resistance Council elections; the 1989 National Resistance Council elections; the 1994 Constituent Assembly elections; presidential elections of 1996; parliamentary elections of the same year local government elections of 1998, among others.
The Uganda African Peer Review Mechanism ignored a critical road map. Could this be the time to revisit the Uganda electoral system? Considering that the electoral college has expanded with more districts created and more political parties registered, will it provide the answer and prevent future electoral lapses?
The "Buzaaya county effect" of 1996 where polling stations were counted twice by the EC must be watched. The persistence of "buzaaya" especially in Kampala needs to be addressed. Subsequently, we have downgraded the presidential candidate score of President Museveni from 4.4 million to 4.3 million to reflect the right score. After adjustment, Museveni scored 75 per cent in 1996.
The "Ayivu effect" of 2006 is where the NRM failed to prevent internal rigging in the NRM elections and caused the NRM presidential candidate to lose a former NRM stronghold (protest vote for opposition).
The "Mushanje effect" - Rubanda County West, Kabale 2006, the NRM candidate's victory was declared at the polling station but was altered and recorded as a Besigye victory at the EC. This was done by the presiding officer who probably signed a new declaration sheet after polling. We have no way of authenticating signatures or a citizens' register from which to compare and cross-match.
The EC, since its enactment has organised at least 13 nationwide general elections. Credit ought to be given to them despite some flaws. This, however, does not mean condoning institutional weakness among the organisers which may call for review. Let us first chase away the wild cat and blame the hen afterwards. I don't believe in disbanding the EC but in reorganising it.
We must treasure the institutional memory of some people in the institution. For any emerging democracy the challenges faced in organising an election can be immense. Organising and supervising international elections in ongoing and post-conflict governments can be a daunting task.
Unlike organising an election in a stable government, in conflict or post-conflict areas one is faced with collapsed institutions which are more demanding. Though I think we should adopt electoral systems which tailor our institutional backgrounds than relate to systems which contravene our home- grown structures, it can be recipe for electoral chaos.
There are possible solutions to clean ghost voters from voter registers:
Biometric registration of voters is a viable option though costly. The Philippines government has used it but the costs are high and work remains unfinished.
Review of the electoral system and using the most appropriate electoral system agreeable to all key stakeholders.
Use of a computerised voter list is another option which can considerably reduce the number of ghost voters. This will answer the calls of those who demand the overhauling of the electoral lists
Bi-partisan independent investigation is conducted into operations of an Electoral Commission on allegations of ghost voters. It should include; review of financial and logistical constraints of the EC, competence of the field electoral personnel and review of the civic education programme.
The terms of reference of the bi-partisan independent team should look into the recommendations done by the Uganda African Peer Review Mechanism on Uganda's Electoral Commission.
All key stakeholders in Uganda's electoral process should uphold and respect the Electoral Commission Act 1997.
To give confidence to all the stakeholders , the EC should hold regular consultative meetings with all representatives of political parties and update them on the process on regular basis.
The writer is a Ugandan interested in Uganda's electoral process
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