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.

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.

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 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.

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 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.

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.

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.

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.

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.

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 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.

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

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.

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

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 training of polling staff, especially regarding polling procedures, should be improved in future elections. An earlier and more exhaustive training of polling station officers and polling agents could help minimise a number of irregularities observed at polling stations on election day as in the majority of cases, these irregularities were due to poor understanding of electoral regulations by the polling officials.

Consideration should be given to amending both Presidential (articles 31.5.b.i and 50.1.i) and Parliamentary (30.5.b.1 and 49.1.b.i) Elections Acts. Such amendment could have a positive impact in future elections by reducing the number of votes considered as invalid.

Persons who are eligible to stand for elections should not be excluded by unreasonable or discriminatory requirements such as level of education. In addition, measures to avoid conflict of interest should not unduly limit the right to stand for election. The Constitution and the laws should ensure equal opportunities for all Ugandans to stand for office without unreasonable restrictions.

Consideration should be given to amending the Constitution and the Parliamentary Elections Acts to remove the seats guaranteed to the representatives of the army, youth and workers. The representatives of disabled people should be elected through universal and equal suffrage. Positive action toward vulnerable groups such as the youth and workers are needed, including effectively removing obstacles to full participation and measures to promote the effective exercise of election-related rights. This can be achieved without conflicting with international principles.

The instances where the special discretionary powers given to the Electoral Commission can be exercised should be clearly indicated by the law.

The new system should be supported by a broad political consensus achieved through an inclusive and transparent process in order to ensure public confidence in the election
process.

The CEC should adopt a clear framework for the tabulation and publication of results at every stage of the results process so as to ensure that results are published speedily, completely and accurately so as to achieve full transparency of the process. In particular:
(i) Greater steps must be taken to ensure that PSCs immediately display results.
(ii) DEOs should publish the results protocols from polling stations at the time they are submitted.
(iii) Partial and preliminary results should be published by the CEC and DEOs as soon as they are available.
(iv) When publishing preliminary or partial results, the CEC should publish all available data, including results for all candidates, and results broken down by polling station. The Electoral Law could be amended to detail exactly what information should be published. If publishing partial results, the CEC should clearly identify them as such and provide explanations for any changes.

The Election Law should be amended to remove provisions to allow assisted voting on the grounds of illiteracy. Assisted voting should only be provided to those who are unable to mark their own ballot paper(s) because of disability or infirmity. Ballot papers should carry distinctive symbols for all candidates and lists. Specific provisions on assisted voting in prisons and amongst security forces should be introduced.