Although the right to vote is given to all Ugandans resident or non-resident in the country, “if feasible”, according to the law, there has been no voting outside Uganda. Consideration could be given to introducing provisions to allow Ugandans temporarily living abroad to vote in presidential and parliamentary elections, by post or in consulates.

The law should clearly specify the period for voter registration and verification, and give sufficient time for these processes.

Legal provisions should be introduced to ensure rigour (supported by specific documentation) and transparency in making changes to the voter register. In case of duplicate registration, the later registration should be the one that is valid.

The assignment of polling stations should be carried out before the display period of the provisional voter register. All polling stations for a general election should be published in the gazette one month before updating is carried out.

The financing regulations established by the Political Parties and Organisations Act should be fully enforced.

The requirement to submit a financial report on campaign income and expenditures should be enforced as well as consideration of establishing ceilings for campaign expenditures of the parties and candidates. To these ends the Parliamentary Election Act should be amended to include adequate provisions to ensure transparency and a level playing field in the finances of the parties.

All political parties have a role to play in the democratic process and should observe respect for each other as legal democratic players and avoid blaming each other for reasons of being either on the side of the government or the opposition. Democratic governments naturally reflect the local cultures and traditions of voters, and this form of government is the single best way to account not only for the needs and wishes of large groups of people, but also for those holding minority viewpoints.

The Electoral Commission should consider extending campaign hours, now limited from 7am to 6pm, in order to give the general public better opportunities to attending political rallies.

Effective and timely procedures should be specified by law regarding the complaints and appeals process. These should include:
? All election related complaints should be lodged with the Electoral Commission or Returning Officers at the District level. The Electoral Commission, or lower level of election officials, should refer complaints to the Director of Public Prosecution if a criminal act might have been committed concerning the electoral process;
? Voters, parties and other organisations should be able to defend their electoral rights by submitting a complaint or appeal to a clearly identified competent body. The Electoral Commission Act should be amended to specifically indicate where a complaint must be lodged in the first instance and in what circumstances a complaint may be submitted directly to the Electoral Commission. Clear information should be provided to the public about the process and how to make a complaint or appeal effectively.
? A time period should be established for complaints and appeals to be lodged and disposed of. However, adequate time must be allowed for the gathering of information on which the decision will be based.
? The right to vote and the right to be elected are human rights, requiring effective remedies for their violation. Special attention should be given to establishing adequate mechanisms for appeals against decisions related to inaccuracies in the voter register, the refusal of nomination and the de-certification of candidates during and after an election.
? Consideration should be given to establishing a tribunal to investigate and resolve complaints subject to the approval of the Electoral Commission. One or more members of the Electoral Commission should be part of this body and other members should be selected from amongst people with appropriate expertise.
? The law should be implemented to ensure that Electoral Commission decisions on complaints are taken as a collegial body. The Electoral Commission should regulate the procedures for decision making, adopting and publishing its decisions.
? Civil penalties and administrative actions should be introduced for those who have not complied with the law.
? Efforts should be made to ensure that the complaints and appeals system is transparent and publicly accountable. A centralised record of all complaints and appeals, and their outcomes should be developed and maintained. Reports should be regularly produced and made public.
? Although the grounds on which the Electoral Commission relies to nullify election results appear reasonable, the Electoral Commission Act should be amended to clearly provide the Electoral Commission with the power to annul election results and establish clear grounds on which the Electoral Commission should base its decision.

Consideration should be given to instituting safeguards to ensure that the authorities do not interfere in the judicial process. Interference with the judiciary independence has a negative impact on public confidence during an election process. The failure to protect the independence of the judiciary could also seriously affect the conduct of genuine democratic elections.

An adequate system of equal access to the state owned media needs to be developed to replace the existing one that failed to provide equality between the candidates. Where parties and candidates produce their own programmes for airing, a system of independent screening should be developed, in order to ensure that the content of the programmes comply with all aspects of the relevant laws.

The Presidential Press Unit should be suspended during the official campaign period and the production facilities the unit enjoys should be made available to candidates from all significant parties standing for election on an equal basis.

Where a candidate owns a share in a media company a system for ensuring editorial autonomy should be established and guarantees of independence and open access developed from mechanisms such as blind trusts.

The right of domestic observers to observe the whole election process should be guaranteed by law. It is also recommended that the law be amended to establish a procedure for approval or rejection of an application for accreditation.

Courts should be provided with sufficient resources and time to handle election petitions. The independence of the Electoral Commission could be strengthened by adequate allocation of funds to enable the Electoral Commission to represent itself in the Courts of Law.

The authorities could consider codification and harmonisation of the Election Law and the HNEC Regulations enacted for the election to the General National Congress of 7 July 2012. This would eliminate discrepancies and conflicting interpretations, enhance the accessibility of the electoral legal framework and facilitate its application.

In order to further promote universal franchise, consideration could be given to allow for members of the military to exercise their right to vote. Also to ensure due protection of citizens’ electoral rights, the provisions for lustration should be clearly defined in the law. The principle of proportionality should be used to determine any restrictions on fundamental rights such as suffrage and the right to vote.

In order to preserve equal voting power, electoral constituency boundaries could be revised, so as to provide for the territorial distribution of seats in accordance with a specific criterion, such as the population or the number of registered voters.

In order to safeguard the principle of a free and independent mandate, consideration could be given to avoid provisions in the Election Law that de facto introduce an imperative mandate and a disproportionate level of political parties’ control over the elected candidates.

In order to clarify the ambiguity in the law in case of disqualification of an elected candidate, the Election Law could include provisions for the replacement of elected candidates, if they are disqualified after the announcement of preliminary results by final court decisions.

In order to increase HNEC’s transparency in the implementation of the election, a streamlined, periodic and inclusive public communication mechanism could be envisaged. The district Subcommissions could also profit from an improved and regulated communication strategy. The establishment of weekly information meetings with stakeholders could be particularly beneficial, together with an organised distribution of relevant documentation pertaining to the legal and electoral frameworks. Decisions and regulations produced by the EMB could be disseminated and clearly explained to the stakeholders.

The next EMB could envisage allowing for the full enjoyment of voting rights, by means of establishing the possibility of holding an anticipated voting exercise for the military personnel as well as for homebound and hospital bound persons.

In order to enhance the accuracy and completeness of the voter register and strengthen the public confidence in it, the EMB could consider to audit of the voter register once the register is digitalised.

The existing voter lists issued by the HNEC could serve as the base on which to consolidate the production of an electronic voter database. Consideration could be given to establishing an electronic voter registration updating system which could be led by the EMB’s district offices, with closing cut off dates clearly stipulated in the law. More time for challenges to the voter lists could be allocated. The voters’ electronic database could be correlated with the population census in order to take account of specific population trends and movements.

A well planned candidate registration period is a key element of inclusivity. In order to allow all potential candidates to submit their applications on time, the EMB could announce the registration opening and closing dates well in advance, in order for electoral contestants to dispose of sufficient time to prepare the required documentation.