CEON-U Pre-election Observation Report January 2016

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1 CEON-U Pre-election Observation Report January 2016 Page 1 of 16

2 Table of Contents Contents 1. SUMMARY & RECOMMENDATIONS Overview Recommendations Dialogue - Inter-party Liaison Committees District Election Security Committees (DESC) Voter Information: Campaigns Presidential Campaigns... 9 Parliamentary Campaigns Campaign Posters Presidential and Parliamentary Posters Defacing of Posters Conducting Campaigns after 6pm Electoral Violence and Security Contacts Page 2 of 16

3 1. SUMMARY & RECOMMENDATIONS The report covers the period from 02 November 2015 to 18 th January, 2016, wherein both presidential and parliamentary nominations took place and candidates commenced their campaigns. The report examines a number of important issues affecting the integrity of the electoral process in 2016, with a focus on four main concerns: (1) lack of voter information, (2) campaigns in terms of rallies, posters and campaigning after 6:00pm, (3) Violence and security; hate speech, intimidation and attacks on rallies (4) structures for dialogue and peace building among various parties. This report is based on data collected by CEON-U long term observers (LTOs) located at constituency level in all districts of Uganda. A total of 223 long term observers were deployed Overview During this period, 89% of LTOs reported that they had not heard of or witnessed Interparty Liaison Committees in their constituencies. There is urgent need to activate interparty liaison committees at community, district and national levels. Similarly, 80% of observers did not witness any District Election Security Committees. There is need to establish functional District Election Security Committees in all districts. The media made the highest contribution to voter information, followed by civil society and the Electoral Commission (EC). The percentage of observers reporting voter information by the media ranged from 61% to 70%, civil society ranged from 35% to 45%, while the EC ranged from 26% to 31%. Voter information by the media was most vibrant in Rwenzori region, followed by Buganda, Teso and Lango. To the EC, we appeal for increased flow of voter information to the electorate, especially as we approach election-day, which is just 2 weeks and two days to go. NRM was the most active party in conducting presidential campaigns followed by FDC and Go-Forward. Other independent candidates were the least active. The percentage of observers reporting NRM presidential campaigns ranged from 20% to 29%, FDC 17% to 26%, Go-forward 10% to 26%, while for other independent candidates 10% to 18%. Just as observed for presidential campaigns, NRM was the most active party in conducting parliamentary campaigns, followed by independent candidates, FDC, DP and UPC in that order. The percentage of observers who reported NRM parliamentary campaigns ranged from 25% to 60%, independents 18% to 48%, FDC 16% to 43%, DP 8% to 23%, UPC 6% to 10%. NRM presidential posters were the most prevalent followed by Go Forward, FDC and lastly independent candidates. Observers reporting NRM presidential posters ranged from 51% to 96%, Go Forward 32% to 90%, FDC 30% to 87%, independents 10% to 38% during this period. Just like presidential posters NRM parliamentary posters were the most prevalent, followed by FDC, Independents, DP and lastly UPC. Observers who reported NRM Page 3 of 16

4 parliamentary posters ranged from 78% to 93%, FDC 40% to 69%, independents 29% to 74%, DP 16% to 27%, UPC 12% 17%. There is a need for the state to provide equal facilitation to all parties, to empower them conduct their campaigns on a level ground. The percentage of observers reporting defaced FDC posters ranged from 9% to 21% during this period. The percentage of observers reporting FDC defaced posters was highest in Bukedi, Teso and West Nile For Go Forward the percentage of observers reporting defaced posters ranged from 6% to 26% during this period. The percentage of observers reporting Go Forward defaced posters was highest in Kigezi, Teso and West Nile The percentage of observers reporting NRM defaced posters ranged from 26% to 30% during this period. The percentage of observers who reported NRM defaced posters was highest in Bukedi, followed by Buganda, Bunyoro and Kigezi. There is a need for civic education on laws governing campaign posters and notices. Contrary to EC regulations, CEON-U observer reports indicate that candidates from FDC, Go Forward and NRM conducted campaigns after 6pm. FDC campaigns after 6pm were mostly observed in Teso, followed by Lango and Kigezi. Go Forward campaigns after 6pm were mostly observed in Buganda, Kigezi and Bukedi. NRM campaigns conducted after 6pm were mostly observed in Acholi, Lango, Bunyoro, and Teso. There is a need for equal treatment of all parties in enforcement of the 6pm rule. Ethnicity ranked highest as a basis for hate speech, intimidation and violence against candidates, when compared to gender and religion Recommendations To the EC: 1. Activate inter-party liaison committees at community, district and national levels. 2. Increase flow of voter information to the electorate, especially as we approach election-day, which is just over two weeks. 3. Provide civic education on laws governing campaign posters and notices. 4. Provide equal facilitation to all parties, to empower them conduct their campaigns, explain their ideas and programs on a level ground for the good of all Ugandans. To the Police: 5. Establish functional District Election Security Committees in all districts. 6. Ensure equal treatment of all parties in enforcement of the 6pm rule. Page 4 of 16

5 2. Dialogue - Inter-party Liaison Committees Majority of LTOs reported that they had not seen or heard of any inter-party liaison committees in their constituencies. At least 89% of LTOs reported that they had no interparty liaison committees in their constituencies, and at most 97% during this period. At best only 11% of LTOs heard or witnessed these committees in their constituencies, and at worst only 3% during this period. Inter-party liaison committees provide an important mechanism for dialogue among the various stakeholders at community, district and national levels. Through these committees parties have an opportunity to raise their concerns, engage and hopefully resolve some of their mis-understandings, and thereby mitigate potential conflict. The absence of active inter-party liaison committees creates a risk of accumulated grievances that could erupt into serious violence, if not addressed in early stages. There is urgent need to activate inter-party liaison committees at community, district and national levels. The graph above shows percentage of observers who reported inter-party liaison committees in their constituencies in the lower blue line, while the higher red line shows percentage of observers who reported that they did not witness such committees. Page 5 of 16

6 The graph belows shows percentage of observers who reported inter-party liaison committees in their constituencies using dark blue short bars, while grey long bars indicate percentage of observers who did not witness such committees. Below is a bar graph indicating that observers who reported inter-party liaison committees in their constituencies were fewer (the lower darker part of the bar) compared to those who did not witness these committees (as shown in the upper lighter part of the bar) per week. %age of observers that reported Interparty Liaison Committee Meetings Page 6 of 16

7 3. District Election Security Committees (DESC) Most observers did not hear about or witness any District Election Security Committees in their constituencies as shown by the red line in the graph below, ranging from 80% to 93% during this period. Observers who witnessed District Election Security Committees in their constituencies are shown by the blue line, which lies below the red line, ranging from 7% to 20% during the period. In the diagram, the shorter (Blue) section of each bar represents observers who reported District Election Security Committees in their constituencies, while the longer (brick red) section of the bar represents observers who did not report any District Election Security Committees in their constituencies. Observers Reporting DESC Meetings by Region The graph shows that Bugisu had the most active District Election Security Committees, followed by Rwenzori and Lango, during this period. The three regions stood above the national trend during this period. Page 7 of 16

8 4. Voter Information: Article 61(g) of the 1995 Constitution of Uganda mandates the Electoral Commission (EC) to formulate and implement civic education programs relating to elections. However, it is the media which made the highest contribution to voter information, followed by civil society and in the third place was the Electoral Commission. period. The percentage of observers reporting voter information by the media ranged from 61% to 70%, civil society ranged from 35% to 45%, while the EC ranged from 26% to 31%. In this way, the media, civil society and EC maintained first, second and third positions respectively for each week, during this With a few days left to the polls, 23% of constituencies that are observed by CEON-U had not reported any voter information by the Electoral Commission by 18 th January This has been observed across regions where observation is taking place. Up to this day, the majority of voters are not clear about the voter identification process. The issue of National Identity cards vs the voter s card is yet to be resolved. Lack of adequate voter information could discourage voters from voting in the affected constituencies. Of the constituencies that observed voter information, Aruu, Kazo, Otuke, Kyaka, Bulambuli and Moroto constutiences have reported 100% of voter information by EC. Page 8 of 16

9 5. Campaigns 5.1. Presidential Campaigns According to CEON-U observers, NRM was the most active party in conducting presidential campaigns, followed by FDC and Go-Forward. Independent candidates were also reportedly active. The percentage of observers reporting NRM presidential campaigns ranged from 20% to 29%, while for Goforward 10% to 26%, FDC 17% to 26%, other independent candidates 10% to 18%, as shown in the graph below. as illustrated in the graphic below. Parliamentary Campaigns Just as observed for presidential campaigns, NRM was the most active party in conducting parliamentary campaigns, followed by independent candidates, FDC, DP and UPC in that order. The percentage of observers who reported NRM parliamentary campaigns ranged from 25% to 60%, independents 18% to 48%, FDC 16% to 43%, DP 8% to 23%, UPC 6% to 10%, Page 9 of 16

10 6. Campaign Posters The prevalence of campaign posters is a key indicator of the level of effort and finances invested in campaigns. Candidates from various camps exhibited varying degrees of investment in campaign posters at both presidential and parliamentary levels Presidential and Parliamentary Posters NRM presidential posters were the most prevalent followed by Go Forward, FDC and lastly independent candidates. Observers reporting NRM presidential posters ranged from 51% to 96%, Go Forward 32% to 90%, FDC 30% to 87%, independents 10% to 38% during this period. In the graph, the yellow line represents NRM posters, the next highest line in green color represents Go Forward, followed by the grey one for FDC, while the line at the bottom in black represents independent candidates. With respect to Parliamentary contestants, NRM parliamentary posters were the most prevalent, followed by FDC, Independents, DP and lastly UPC. Observers who reported NRM parliamentary posters ranged from 78% to 93%, FDC 40% to 69%, independents 29% to 74%, DP 16% to 27%, UPC 12% to 7%. Page 10 of 16

11 7. Defacing of Posters Although it does not cause physical harm, defacing of posters is an act of violence. It reflects hate from the perpetrator; it provokes anger from the victim, setting the stage for conflict. Section 82, Parliamentary Elections Act 2005 on Defacement of notice and posters stipulates that: (1) A person who without lawful excuse, destroys, mutilates, defaces, or removes any notice which is exhibited under the authority of this act or any document which is made available for inspection under any provision of this Act, commits an offense and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both; A person who maliciously defaces or removes or tears any election poster of any nominated candidate, commits an offence and is liable, on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both. For FDC, defaced presidential posters were more prevalent compared to parliamentary posters. The percentage of observers reporting defaced FDC posters ranged from 9% to 21% during this period. For Go Forward the percentage of observers reporting defaced posters ranged from 6% to 26% during this period. Page 11 of 16

12 As shown by the graph, the percentage of observers reporting NRM defaced posters ranged from 26% to 30% during this period. Defaced posters by regions NRM defaced posters was highest in Bukedi, followed by Buganda, Bunyoro and Kigezi as shown in the graph below. Page 12 of 16

13 While FDC defaced posters were mostly observed in Bukedi, Teso and West Nile. And Go Forward defaced posters was highest in Kigezi, Teso and West Nile as shown in the graph. 8. Conducting Campaigns after 6pm Contrary to EC regulations, CEON-U observer reports indicate that presidential candidates from FDC, Go Forward and NRM have in some cases conducted campaigns after 6pm. Though the candidates have been provided with a campaign time table to follow, some of them have defied the No campaign after 6 pm regulation. Page 13 of 16

14 Electoral Violence and Security Ethnicity ranked highest as a basis for hate speech, intimidation and violence against candidates compared to gender and religion. Cases of Hate speech In week 6, which covered the period 16 th to 22 nd November 2015, in Nyabushozi County a counselor of Kanyaryeru division in Kiruhura district, on 26 th November 2015, used hate speech against presidential candidate Amama Mbabazi when he alleged that he killed Nobel Mayombo and so people should not elect him to presidency because he is a murderer. And because Amama is a murderer he cannot be trusted to be president of Uganda. Still in week 6, while on a rally at Butaleja, Busolwe sub-county in Bunyole west constituency, on 19 th November 2015, the voters called Besigye a liar who had no ability to deliver on the promises he was making. They said he was no better than Museveni because he is also corrupt. Page 14 of 16

15 Find more incidences of hate speech in the appendix attached: Page 15 of 16

16 Contacts CEON-Uganda Human Rights House Plot 1853, Lulume Road Nsambya P O Box Kampala Uganda Office line: fhri@dmail.ug Website: Page 16 of 16

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