Final Election Observation Statement on Kamuli Constituency Issued: April 13, 2017 Introduction Kamuli District in Eastern Uganda is part of the Busoga sub-region. According to the National Bureau of Statistics census report 2014, the district boasts of an estimated population of 500,800 people1. Of this population, there are 29,668 registered voters who were expected to take part in the byelection today. The district is made up of one constituency and three sub-counties: Kamuli Municipality, Northern Division and Southern Division. The district is comprised of the following villages; Balawoli, Bulopa, Butansi, Kitayunjwa, Nabwigulu, Namasagali, Namwendwa, Bugulumbya, Kisozi, Mbulamuti, Nawanyago and Warkole. Kamuli has 54 polling stations and the Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU) deployed at 30 polling stations. In addition, CCEDU had over 10 roving observers. As a leading player in advocacy for electoral reforms, observation of general and by-elections and civic/voter education campaigns, the Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU) is in Kamuli to observe the election day processes and promote the integrity of electoral processes by detecting and deterring electoral malpractices. CCEDU has a special mandate to observe Elections in conformity with the relevant international instruments governing election observation and the Constitution and National Laws of the Republic of Uganda2. Launched on 19th August 2009, CCEDU is a broad coalition that brings together over 850 like-minded civil society organizations and over 25,000 individuals to advocate for electoral democracy in Uganda. The CCEDU secretariat is hosted by the Foundation for Human Rights Initiative (FHRI). CCEDU’s vision is to realize a Uganda where the principles and practices of electoral democracy are upheld. Its mission is to advance integrity and citizen participation in Uganda’s electoral processes. CCEDU carries out its work in all districts and regions of Uganda. This statement presents the overall observations of the conduct of Election Day processes of the CCEDU Election Observation Mission in Kamuli Constituency. Methodology: CCEDU mounted a scientific sample based observation mission by deploying 30 Election Day observers, who are stationed at specific polling stations distributed evenly in Kamuli Municipality. In addition, to the 30 observers, a team of 13 roving observers was on ground to ensure the smooth process of observation. The 30 Election Day observers were trained to observe and report on Election Day activities in their respective polling stations. Each of the observers have been equipped 1 http://www.ubos.org/onlinefiles/uploads/ubos/census_2014_regional_reports/Census_2014_Report%20_Eastern_Region.pdf 2 The Constitution of the Republic of Uganda is the primary law in Uganda; it has provisions in governing elections. The constitutional provisions on elections are buttressed by statute law contained in: The Presidential Elections Act No.16 of 2005 as amended, The Parliamentary Elections Act No.17 of 2005 as amended, The Local Governments Act 1997 as amended, The Electoral Commission Act Cap. 243. The Political parties and Organizations Act 1|Page with a checklist that they use as a guide to report using coded SMS which they send to an electronic system at the CCEDU Elections Data centre. Summary CCEDU finds that the Election Day opening, set-up and polling processes were relatively wellorganized from an administrative perspective, save for a few isolated incidents were there was violence and some voters were denied a chance to vote. Polling officials knew polling day procedures and generally followed the legal provisions on opening of the polling station, set up and voting. Key observations: 1. Arrival 80% of Election Day officials had arrived at the polling stations by 6:30am, only 20% had not. It is important for polling day officials to arrive on time because then the polls start on time. 2. Set Up and opening During the set-up and opening of the polling stations administrative procedures were largely followed: 83% of observers reported that voting commenced between 7:11am and 8:00am with 17% starting between 6:51am and 7:10am. 2|Page All the observers reported that at least five registered voters were at the opening of the polling stations before the opening of the polling kit. All observers reported the presence of all poll officials assigned to polling stations. The poll officials at each polling station are five (one presiding officer, two polling assistants, a police constable and an orderly officer) At 100% of polling stations observed, polling officials followed the procedure for turning the ballot boxes upside down. 100% observers reported that ballot boxes were sealed before voting commenced. 100% of observers reported that polling stations had all strategic materials (ballot boxes, voter’s register, ballot papers, indelible ink, biometric verification systems and DR forms). Our observers reported that 100% of all polling stations had NRM party agents, independent candidates had agents in 93% of all the polling stations and FDC had 100% of party agents in all polling stations. 3|Page 3. Polling: During the voting process, polling officials at most polling stations followed procedures and the Biometric Voter Verification System (BVVS) relatively functioned well. In 86 of 100 polling stations observed, poll officials checked the fingers of every voter to ensure he or she has not already voted. All observers reported that the procedure for identifying voters through scanning of voter allocation slips/ IDs was done. All observers reported that the BVVS system functioned properly, and that every voter’s right hand finger was scanned before voting. Observers reported that 90% of voters were instructed by the officials on how to cast their ballot and 10% of the voters were not instructed. Observers reported that party agents were present at polling stations during voting with NRM and FDC at 100% and independents at 93%. 93% of observers reported voters were able to vote secretly, but 7% of voters were not able to vote secretly. 97% of observers reported voters fingers being marked with indelible ink and only 3% were not. 63% of observers say some voters were turned away from voting while 33% reported that none of the voters was turned away from voting. 70% of observers reported the police inside their assigned polling stations, 3% were army and crime preventers and its only 23% who reported polling stations with authorized persons. 4|Page 83% of observers reported some people were assisted to vote, 7% observers reported that many people were assisted to vote while 10% reported that no one was assisted to vote. 77% of observers reported no intimidation, harassment or violence during voting against any other persons, but 3% observers reported intimidation of election officials, party agents and observers and 13% reported intimidation against voters. 87% of observers reported that everyone who was in the queue by 4:00pm was allowed to vote, only 13% reported that there was no one in the queue by 4:00pm. 97% observers reported they were able to observe all aspects of the voting process while 3% reported some restrictions. Kamuli Municipality (Wards) Namwendwa Ward Kasoiga Ward Bawanume Kamuli Subawali Ward Namisanga II Ward Busota Ward Mandwa Ward Mulumba Kamuli Namwendwa Ward Nakulyaku Ward Muwembwa Ward Polling Stations with CCEDU Observers Deployed 10% 10% 13% 7% 7% 10% 10% 5% 10% 13% 5% Counting and Declaration of Results All observers reported that the presiding officer opened the ballot box in the presence of candidate agents and all present before counting commenced. 100% of observers reported that ballot boxes were sorted in full view of candidate agents. In all 100 polling stations observed the poll officials filled out declaration in full view of all present. 5|Page Counting and Declaration of Results In all polling stations observed DR forms were filled in full view of candidate agents. Looking at each individual party agent deployment at polling stations at counting of votes within Kamuli, NRM deployed 83% of agents within the constituency. FDC deployed 100% party agents. Independents deployed 80% agents. The unauthorized persons inside polling stations during counting and closing, 68% observers reported they saw the police, 3% saw the army and 37% saw no one . 97% of Observers reported that there was no intimidation, harassment or violence during counting, but 3% reported intimidation of electoral officials and 3% intimidation of party agents. All our observers reported that they were able to observe all aspects of the counting process. DR Forms: 100% NRM party agents were able to sign their declaration of results forms at the polling station. 97% FDC party agents signed declaration forms. 23% party agents of independent candidates signed DR forms while 77% agents of independents refused to sign DR forms. 93% of the observers reported that the presiding officer announced the results to all those present only 7% observers reported non-announcement. 90% of observers reported that the presiding officer was able to display a copy of the DR form at the polling station and 10% reported that there was no display. Reports from our observers indicate that presiding officer followed the procedures for declaration of results by: Issuing a copy of all DR forms to all agents present, 97% observers reported locking a copy of the Dr forms in the ballot box and sealing a copy of the DR form in the tamper evidence in an envelope for transmission to the returning officer, but 3% observers said this procedure was not followed. Final Results Name of Candidate Kiboome Michael Naikoba Prossy Salaamu Musumba Proscovia Walugyo Samuel Watongola Rehema Party Affiliation Independent Independent FDC Independent NRM Number of Votes 103 169 5,778 63 8726 6|Page Total Number of Registered Total Number of Valid Votes Total Number of Rejected Votes Total Number of Ballot papers Counted Total number of spoilt ballot papers 29,668 14,839 368 15,207 14 Critical Incident Reports Madaras Polling station At 11:25 am at Madaras Polling station, FDC supervisors wanted to take photos, but the Polling agents refused them from taking photos near the polling station. The FDC supervisors started to cause chaos and chase the voters away. The polling agents felt so intimidated by these FDC supervisors. The police took them away. They were 5 in number 4 men and 1 woman using a car reg. number UAQ 870G Audi, dark red in colour At Kyabazinga ss polling station at about 1:00pm, an observer reported an incident where a boy aged 18 years wanted to vote in the names of John Mawanga. He was discovered by the police and stopped. The name of the boy was not picked up by the observer. Bulongo Polling Station At 11:00am at Bulongo Polling station, a man called Siraj Kalembe came to the polling station to cross check if all materials had been delivered, he was told by the polling agents to stick around. NRM voters found him and asked him what he was doing there. There was a mini-scuffle and the police calmed down the situation. All the people involved in this were male. Nanyonga Polling station At 9:00am at Nanyonga Polling station, the voters were complaining that an agent (not sure to which party the agent belonged) was telling other voters to vote for their candidate. When the Police came to calm them down, the voters started to accuse the police of telling them to go away so that they (the police) could vote for Hajati. However, the situation was contained. At 1:33pm, at the same polling station, our observer also reported that the Deputy RDC on finishing voting saw a person suspected to be from Mbale. The RDC had a confrontation with the man, accusing him of coming to give money to voters. He (the RDC) was joined by about 30 more people who were able to convince the man to go away. Conclusion CCEDU observers recorded a number of malpractices that were orchestrated by supporters of FDC and the NRM. At about 12:00pm there were allegations of voter bribery, by an agent of Hajjati Wetongola at St Mark Primary School. The election was also characterized by incidents of violence and a voter wanting to vote in the name of another person. However, our Observer at Kyabazinga Senior Secondary Polling Station, was able to notice the anomaly and raised it with the authorities, who arrested the young man before he would vote as John Mawanga. All these issues mean the quality of the electoral process was compromised. CCEDU was also concerned about the high number of unauthorized persons within the polling stations and noted that quiet a number of people were denied a chance to vote. The Kamuli byelection registered a voter turn-out of 51%. On the whole, the general management of the process was commendable with all polling stations commencing voting before 8:00am. It is also commendable that increasingly, more party agents are observing the electoral processes from 7|Page beginning to end. Party agents have the ability to promote the integrity of electoral processes by raising a red flag on electoral ills. Recommendations: For all by-elections the Electoral Commission should consider establishing a dispute resolution desk that should be designed, formed and empowered to resolve disputes. This desk should mainly comprise of lawyers. This desk would go a long way in resolving conflicts amicably and making electoral results acceptable to all candidates. CCEDU remains committed to improving the integrity of electoral processes in Uganda, by detecting and deterring electoral malpractices through election observation. CCEDU Contacts: Citizens’ Coalition for Electoral Democracy in Uganda Website: www.ccedu.org.ug Phone: 0794444410 Facebook: @CCEDU Uganda Twitter: @cceduganda 8|Page
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