The nomination of the Electoral Commission head and other commissioners will not bar Ugandans from engaging government to ensure that proposed electoral reforms are realized.
“The president is implementing some of these proposals before they are even actualized into law; he was actually under no obligation to name someone at the level of a judge but there he is; implementing their resolutions,” said Don Wanyama, a press secretary to the president .
To me, it looks like the president is doing Ugandans a favor. But Uganda should be consistent with the Durban Declaration principle that obliges member states to establish impartial, all-inclusive, competent and accountable national electoral bodies, and the president should be aware of the current controversy surrounding the appointment of the current Electoral Commission.
Changes orchestrated by the multi-party dispensation as well as the track record of the institution of the EC make the review of the body inevitable. In order to ensure the independence of the Electoral Commission and to keep it insulated from external pulls and pressures, commissioners must be hired through a transparent, public appointment process that enlists wider stakeholder consultation and a more inclusive approval mechanism.
This process should be able to fulfill principles of a merit-based selection dependent on a competitive application process. The current Ugandan experience, according to Article 60 (1) of the Constitution, is that all commissioners are appointed by the president with the approval of parliament.
But this process does not safeguard the commissioners from any potential influence from the incumbent authorities. It is critical that laws relating to the appointment of commissioners inherently carry safety valves against any possible manipulation of the commission by a single appointing authority. In Kenya, for instance, the recruitment process is handled by a specialized selection panel.
The panel is formed by seven representatives drawn from the offices of the president, prime minister, from the Judicial Service Commission, the Kenya Anti-Corruption Advisory Board and the Association of Professional societies in East Africa. Nominees to this panel are vetted by the national assembly before they take on their responsibilities.
Duties of this panel are well articulated in the Independent Electoral and Boundaries Commission Act No.9 of 2011. In accordance with the law, the selection panel invites applications from qualified candidates from the public from which it shortlists individuals to be interviewed.
Shortlisted individuals undergo a public interview process from which three individuals are selected for the position of chairperson, and thirteen for the commissioners’ positions.
The names of selected candidates are then forwarded to the president. The president then chooses one name out of the three candidates nominated for the position of chairperson and eight names from the pool of thirteen names proposed for commissioner appointment. The president forwards the nine names to parliament for vetting and approval or disapproval.
But as an interested stakeholder in elections, it may not even be necessary to refer the names of the successful candidates to the president; the select committee can resolve the process and forward the final exact names of successful candidates to parliament for vetting and approval or dis-approval.
Such a recruitment procedure is not only participatory but also dispels any would-be claims of biasness, and favoritism by the appointing authority. Beyond identifying a professional team, this process strengthens the credibility and legitimacy of the commissioners and portends well with the public’s trust in the institution.
Uganda must, therefore, review the current system if the EC’s image and credibility are to be redeemed. The Citizens’ Coalition for Electoral Democracy in Uganda (Ccedu) proposes a more participatory and transparent process of appointment of the EC members. No matter the government’s actions, the campaign will still go on; together we will make a difference.
The author works with Ccedu.