Diaspora, Prisons Voting Rights: Inside Mpuuga Electoral Reforms

Nyendo-Mukungwe Member of Parliament Mathias Mpuuga has introduced a private members' bill aimed at amending Uganda’s electoral laws to allow Ugandan citizens abroad and prisoners to vote in national elections.

NATIONAL | In July, Ugandans watched in awe as thousands of Rwandans in the country lined up to vote in the presidential election at their high commission office in Kampala.

It was not the first time Rwandans in Uganda or elsewhere in the world were enjoying their voting rights outside the central African nation. In 2017, they had done the same.

Kenya, too, extends voting rights to its Diaspora.

But going into the seventh general election in the NRM era, Ugandans in Diaspora and prisons remain disenfranchised on election and, despite a two-decade clamour and Constitutional Court orders, there has been no sign around the corner that things are about to change.

But it just might get going.

Nyendo-Mukungwe Member of Parliament Mathias Mpuuga has introduced a private members' bill aimed at amending Uganda’s electoral laws to allow Ugandan citizens abroad and prisoners to vote in national elections.

The proposed Electoral Commission (Amendment) Bill seeks to address gaps in the current law and ensure inclusivity for all Ugandan citizens, regardless of their location or status.

In his memorandum, Mpuuga emphasizes the importance of granting these rights, stating that "the bill seeks to give effect to articles 1, 59, and 21 of the Constitution by empowering prisoners and Ugandan citizens abroad to participate in elective politics."

His proposal aims to provide voting rights to these groups, which he believes have been denied their constitutional entitlements for far too long.

Mr Mpuuga's bill comes on the heels of various court rulings, most notably the 2018 High Court decision in Kalali Steven vs Attorney General & Electoral Commission.

In this case, the court ruled that both prisoners and Ugandans living abroad have the right to vote, a decision the current electoral law has yet to fully implement.

Parliament Commissioner Mpuuga points out that this decision faulted the Electoral Commission (EC) for excluding these groups from exercising their constitutional rights.

"The Electoral Commission Act, Cap. 176 has been affected by various decisions of the court," says the former Leader of the Opposition, adding that his bill aims to ensure the EC is "obligated to take steps to ensure that prisoners and Ugandan citizens abroad are enabled to vote without any hindrance."

Key Provisions of the Bill

The proposed bill introduces several significant changes. First, it allows for the registration and voting of Ugandans abroad.

According to the bill, the Electoral Commission will be empowered to designate embassies, high commissions, and consulates as registration and voting centers.

This would make it easier for citizens living abroad to participate in presidential, parliamentary, and referendum elections.

The bill also aims to address the logistical challenges faced by Ugandans overseas.

"The Commission shall maintain as part of the voters' register and voter roll, the particulars of a person registered as a voter under this section," reads part of the bill.

Mr Mpuuga highlights that this provision ensures that citizens abroad are not left out of the election process.

Another significant element of the bill is the inclusion of prisoners in the voting process.

Under the proposed changes, prisons and other places of lawful detention would be designated as voting centers.

Prisoners would be allowed to vote in presidential elections and referenda.

Mr Mpuuga emphasizes that this inclusion is part of fulfilling Uganda's commitment to upholding fundamental human rights, as enshrined in the Constitution.

Mr Mpuuga’s bill also addresses concerns about election security. It proposes that the EC be required to take necessary steps to ensure the security of all candidates participating in elections, a move aimed at enhancing fairness and transparency.

"The bill obligates the Commission to take necessary steps to ensure adequate security is provided to all candidates," Mr Mpuuga notes in the text of the proposal, adding that ensuring safe and secure elections is paramount for the credibility of the process.

Implementation and Challenges

While the bill presents a clear pathway for enfranchising Ugandans abroad and prisoners, its implementation could face logistical and political challenges.

Establishing polling centres in prisons and abroad would require significant coordination between the Electoral Commission, the Ministry of Foreign Affairs, and the Uganda Prisons Service.

Under the bill, the Minister responsible for Foreign Affairs, in consultation with the EC, will be tasked with publishing a list of registration and voting centers abroad and in prisons.

These centres will serve as venues for voter registration, voting, and the display of voters' registers.

Mpuuga recognizes these challenges but insists that they are necessary for the realization of a more inclusive electoral system.

"The Commission must take steps to ensure that prisoners and Ugandan citizens abroad are enabled to vote without any hindrance," he reiterates, highlighting the need for seamless coordination across government departments.

Moreover, there is also the financial implication. The Electoral Commission has always been a moaning and lamentation centre in the year preceding general elections - over lack of funding.

Already, the EC has been facing funding gaps in organising civic education for citizens and the increased burden of Diaspora and prisons would mean the Commission has to get additional billions of shillings.

Ultimate, Mr Mpuuga's good intentions would have to work with Parliament's willingness to find the money and approve additional funding for the Commission.

Impact on Uganda's Democracy

If passed, Mpuuga’s bill could have a transformative effect on Uganda’s democracy. There is a large Ugandan diaspora that contributes significantly to the economy through remittances but has been unable to participate in the country’s elections.

Granting them the right to vote would deepen their connection to the nation and offer them a voice in Uganda's future.

The bill also reflects a commitment to justice for prisoners, many of whom have been denied the right to vote, even though they retain their citizenship and fundamental rights.

MP Mpuuga underscores this point by stating that the legislation aims to "empower prisoners and Ugandan citizens abroad to participate in elective politics," signaling a move towards greater inclusivity.

Mr Mpuuga’s Electoral Commission (Amendment) Bill will now go through the legislative process, where it is likely to face debate.

Political observers expect discussions around the logistical feasibility of implementing voting centers abroad and in prisons, but Mpuuga remains optimistic that these challenges can be overcome.

If passed, the bill would mark a significant shift in Uganda’s electoral landscape, potentially enfranchising millions of Ugandans who have previously been excluded from the democratic process.

Key Provisions:

• Voting for Ugandans Abroad: The bill seeks to empower the Electoral Commission to designate Ugandan embassies, high commissions, and consulates as registration and voting centers. Ugandans abroad will be able to register as voters and cast ballots in presidential, parliamentary, and referendum elections. The bill obligates the government to streamline the registration process, ensuring that citizens abroad can participate without hindrance. This is particularly groundbreaking for the large diaspora community, whose remittances play a significant role in Uganda's economy but who have been politically disenfranchised for years.
• Prisoner Voting Rights: Another bold element of Mpuuga’s bill is the inclusion of prisoners in national elections. Following a court ruling that prisoners have a right to vote, this bill proposes the creation of designated voting centers within prisons. Prisoners would be eligible to register and vote in presidential elections and referenda, ensuring that their rights, as upheld by the courts, are respected.
• Electoral Security: The bill includes provisions that mandate the Electoral Commission to ensure adequate security for all candidates participating in elections. This proposal aims to safeguard the fairness and transparency of elections, especially in volatile political environments.
• Registration and Voting Procedures: The bill outlines clear procedures for voter registration and participation. It mandates that the Electoral Commission maintains an updated register of voters abroad and prisoners, providing clarity on how these processes will be implemented.
• Transmission of Results: The bill addresses concerns around the transparency and legitimacy of votes cast abroad or in prisons by prescribing the procedure for the transmission of election results to the Electoral Commission. This aims to mitigate any potential tampering or logistical issues related to counting votes from distant locations.