20101205
Monitor

The government has drafted new rules of political engagement ahead of the 2011 general elections, making it mandatory for opposition and independent candidates to recognise the current Electoral Commission.

"Every political party, organisation or independent candidate shall recognise the authority of the Electoral Commission in the conduct of an election," reads the new Code of Conduct for political actors signed by Attorney General Khiddu Makubuya.

Sticky matter

The new regulations published on Friday prohibit political parties, organisations and independent contestants from using language that may provoke violence, intimidation of members or supporters of any party, organisation or candidate.

However, the demand that all political players recognise the current EC could be the sticking point, considering that the opposition has spent considerable time trying to unseat it on claims of bias and favouring the ruling party.The move, according to some watchers, could also be aimed at pre-empting UPC leader Olara Otunnu's planned constitutional petition, demanding the disbandment of the Dr Badru Kiggundu-led commission.

The Supreme Court ruled in 2006 that the current EC was incompetent to preside over the country's general elections. The new rules empower the EC to hear and determine complaints and allow the district returning officers in consultation with the police to stop or allow campaign rallies for security reasons. However, the reasons for stopping a political rally in a given area must be in writing.

The final text of the statutory instruments, a copy of which Daily Monitor has seen, state that every political party/organisation or independent candidate must provide the district returning officers with the details of their meeting at least 72 hours before any activity.

New regulation

The new regulations titled: "The Political Parties and Organisations (Code of Conduct) Regulations, 2010", passed the first hurdle after the Deputy Speaker Rebecca Kadaga cleared a motion presented by the deputy Attorney General Fredrick Ruhindi amid strong objection from the opposition that they were not consulted as per the law. "We were not consulted on this code of conduct and we cannot be forced to recognise a partisan commission which was single-handedly picked by Museveni," said the Opposition Chief Whip Kassiano Wadri.

This is a second time in five years the government is attempting to draft a code of conduct for political parties. The 7th Parliament rejected the proposal on December 28, 2005 and ordered further consultations. The Political Parties and Organisations Act, 2005 requires the justice minister in consultation with the EC and political parties, and with the approval of Parliament to prescribe by regulations a code of conduct for political players.

Prof. Makubuya said EC consulted the political parties and stakeholders in September 2008, a claim backed by EC chair Kiggundu. The Code of Conduct, subject to parliamentary approval, comes halfway into the campaign period. This is likely to ignite fresh controversy particularly on how political parties intend to adjust to the new rules of engagement.

If it gets the parliamentary approval this month, the code will establish a National Electoral Liaison Committee, district liaison committees and sub-country or municipality division electoral liaison committees whose function is to act as coordination media between the EC and political players during elections.

To pre-empt violence, the new rules establish the National Electoral Peace Committees where parties, civil society and police will be members. The objective is to resolve conflicts arising in the field during the electoral process.