Safeguarding Election Witnesses: A Call for Robust Protection

As Uganda’s High Court prepares to hear election petitions, a critical issue emerges: the safety of those who step forward to provide evidence. Ordinary citizens, polling agents, and journalists who witness electoral irregularities often face intimidation, threats, bribery, and even arbitrary arrests for daring to speak out.

This intimidation isn’t just a personal ordeal for the witnesses; it’s a direct assault on the justice system. The 1995 Constitution established election petitions as a peaceful means to resolve disputes. However, this mechanism crumbles when individuals fear testifying. Without fearless testimony, courts are deprived of the evidence needed to ascertain the fairness and legality of elections.

Uganda’s courts have acknowledged the gravity of this issue. Past cases, like the Supreme Court’s observation in Bakaluba Peter Mukasa v Nambooze Betty Bakireke and the Court of Appeal’s condemnation in Kintu Alex Brandon v Walyomu Moses, highlight instances where witnesses were pressured to alter or retract their evidence. The courtroom should be the venue for evidence testing, not a place where witnesses are coerced by political actors.

When witnesses are silenced, bribed, or harassed, the truth is compromised, and potential witnesses are deterred. This is particularly perilous when ordinary citizens confront individuals with significant power. Uganda must move beyond reactive judicial remedies and establish a comprehensive witness protection framework.

Such a framework should include swift protection for threatened individuals, confidential reporting channels for intimidation, sanctions against interferers, and security for vulnerable witnesses. This protection must be impartial, ensuring evidence is determined by truth, not fear. A democracy thrives on the rule of law and citizens’ faith in independent institutions. Safeguarding those who speak truth about elections is paramount to maintaining this faith and ensuring democracy’s stability.

Source: https://www.monitor.co.ug/uganda/oped/commentary/protect-election-witnesses-5582402