The implementation of the prisoners’ right to vote in Uganda: A case study of Luzira prisons, 1995-2021

Abstract

Although the Ugandan Constitution and a 2020 High Court ruling in the Kalali vs. Attorney General case guarantee prisoners’ right to vote, prisoners in Uganda have been disenfranchised in six elections, and there is no empirically grounded understanding of how their right to vote can actually be realised. Using Luzira Prisons as a case study, this study examined the implementation of prisoners’ right to vote from 1995 to 2021. Specifically, the study critiqued existing research methodologies in the implementation of prisoners’ right to vote; analysed the legal and policy framework; identified the challenges to protecting prisoners’ right to vote; and proposed a framework for its implementation. The study employed a qualitative case study design and was grounded in John Rawls’ Theory of Justice. Data were collected from 52 research participants, including 20 Key Informant Interviews with officials of the Electoral Commission, the Uganda Prisons Service, and other agencies, and 4 Focus Group Discussions comprising 32 participants from the Uganda Prisons Service. Thematic analysis was conducted using ATLAS.ti. The critique of methods revealed that most studies on prisoners’ right to vote rely on qualitative legal and doctrinal analysis, with few empirical studies from Africa. This underscores the importance of adopting multi-method, participatory approaches that incorporate prisoners’ perspectives. The review of the legal and policy framework indicated that sub-constitutional laws, such as the Electoral Commission Act, Cap 176, and the Prisons Act, Cap 304, do not address prisoner voting. Contrary to the ideals advanced by Rawls Theory of Justice and despite the Kalali Case, the legal gap has hindered the protection of this fundamental right. The study identified challenges, namely: logistical and operational constraints; security concerns about violence and unrest; legal and policy gaps; institutional attitudes marked by paternalistic beliefs; and a lack of political will. The study further established the absence of mechanisms to implement the right to vote. Using the Rawlsian conceptualisation of justice as fairness, the study proposes a “Fairness Incarceration Framework,” as an empirically grounded model that explains how the prisoners’ right to vote in Uganda can be realised. This model addresses legal reforms, institutional coordination, electronic registration, in-prison polling stations, prisoner categorisation, civic education, early voting, monitoring, and resource allocation. The study concludes that, although Uganda’s constitutional framework recognises prisoners’ right to vote, the statutory, regulatory and institutional architecture necessary to operationalise the right remains deficient. The study recommends: legislation to close the legal gap; the creation of guidelines for prison voting; a multi-stakeholder task force; and the implementation of the Fairness Incarceration Framework to realise prisoners' right to vote in Uganda.