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Uganda

Like all the other countries in the region preparing for elections, the human rights situation in Uganda has seen significant deteriorations notably with cases of excessive use of lethal force by the police, increasing restrictions on freedom of expression and association, notably as a result of the controversial draft Anti-Homosexuality Bill currently before parliament which seeks to give legal grounds to ongoing attacks on Uganda’s lesbian, gay, bisexual, transgender and intersex (LGBTI) community.

The excessive use of lethal force by police has increased recent months. A fire that broke out at the Kasubi tombs- a historical site where the traditional kings of Buganda are buried- created tension between the government and the Buganda kingdom which is the largest ethnic group in Uganda. Additionally, a strike organized by the Makerere university students protesting irregularities in their guild elections led to the killing of two Kenyan students by the police as the police tried to disperse the students who had turned rowdy and were destroying property within the university and neighbouring areas.

Freedom of assembly and political freedoms are restricted. The police continues to impose bans on holding rallies in certain areas of the capital. While in Pader recently, opposition party President Kizza Besigye of the Forum for Democratic Change (FDC) was scheduled to be hosted on the local radio station, Luo FM radio however at the last minute, he was told the show could not be hosted because of an order from the local representative of President Yoweri Museveni in the district, the Residential District Commissioner. Another opposition politician, Olara Otunnu, who is the Uganda People’s Congress presidential flag-bearer, suffered a similar incident while touring western Uganda. The station managers claimed to be acting on “orders from above”.1  Such incidents deprive the opposition from having an equal ground on which to reach the electorate as they campaign.

Violence against women continues to be a significant problem in the whole of Uganda and Sexually Gender Based Violence (SGBV) has been particularly rife in Northern Uganda as a result of the conflict and avenues for redress are still scarce. A report released by Amnesty International indicated that rape is widespread in Uganda, and that women are not protected by the law. The report urged the Ugandan authorities to provide support for women seeking justice for sexual and domestic violence.2 However on a positive note, on March 17th, the president assented to the Domestic violence bill act 2010. The bill aims at punishing perpetrators of domestic violence. The act also penalises a partner in a domestic relationship who injures or endangers the health of the other.3 Similarly on the same day, the president also signed the Prohibition of Female Genital Mutilation bill into law. The 2010 act criminalizes voluntary FGM, criminalizes whoever helps in procuring equipment used in carrying out FGM and it also out laws justification of FGM on the basis of cultural and religious beliefs.4 It is hoped that these two laws will counter on the increasing violence going on in the region.

The LGBTI community are severely discriminated against both by state and non-state actors in Uganda: regularly attacked in the press, ostracised by their communities and even their families. Individuals presumed to be LGBTI are harassed, subjected to verbal and legal attacks, including death threats, and ill treatment whilst in detention. The Anti-Homosexuality Bill (2009), which seeks to criminalise homosexuality is still before the parliamentary and legal affairs committee and if passed into law, it could have a serious impact on, the fight against HIV/AIDS and access to health of HIV/AIDS affected LGBTI individuals as well as hamper the work of human rights organisations and activists in Uganda. The Bill allows for the death penalty for consensual homosexual sex, punishes support or promotion of sexual minority rights with prison terms and calls for the nullification of international treaties at odds with the spirit and provisions of the Bill.

The NGO Act of 2006 along with the draft NGO Regulations put forward to parliament as they currently stand severely restrict and hamper the legitimate work of NGO’s and HRDs. It’s now over a year since the Civil Society Organisations in Uganda Petitioned the constitutional court for interpretation of the NGO registration Act however their efforts are being frustrated as the hearing keeps being postponed having last applied on 15th January 2010. The regulations define NGOs in a very limited manner, primarily as service delivery organizations and reflect a deep distrust towards these organisations. They are the extensive bureaucratic procedures required of NGOs for them to register, notably having to renew licences on a regular basis (after the first year the licence is renewed every three years) and to provide significant details of their activities, excessive requirements for NGOs with limited resources. Under the NGO Regulations the NGO board is granted significant power over NGOs, notably with discretion to deregister, disband NGOs and impose conditions on permits as to areas of operation thereby threatening their autonomy.5 Finally, the provision in the NGO Regulation which stipulates that organizations are prevented from making direct contact with local people in rural areas without giving 7 days notice in writing to the district authorities clearly further undermines their work, particularly activities of human rights monitoring. Besides, the postponement of the hearing is also in violation of Article 126 of the constitution which provides that justice shall not be delayed.

The increasing restrictions on freedom of the media are most visibly seen with the approach of elections. The Press and Journalists Bill 2010, proposed by the Ministry of Information and National Guidance are currently before the cabinet. The bill proposes annual registration and licensing of newspapers by the government -controlled media council, restricts foreign ownership of the press, seeks to influence newspaper content by criminalizing the publication of information that is deemed prejudicial to national security, stability, unity or economic interests.6 If passed such a bill will significantly undermine and restrict free and open reporting during the election period.

Attacks on individual journalists with the aim of intimidating them have also been witnessed. In January 2010, Geoffrey Wokulira Ssebaggala, a journalist, received death threats and information about his possible arrest which was believed to be in connection to his work. Mr. Ssebaggala was involved in efforts to monitor the eviction process, and documented alleged abuses committed as over 7,000 occupants from Kitumbi Mubende district were resisting eviction from disputed land.7 Similarly, one of the photo journalists Moses Lemisa from Bukkede a local newspaper covering the Kasubi tomb fires was shot at while covering the event and was later admitted in the hospital as a result of assault by Presidential Guard Brigade (PGB). He received intimidating calls from the army asking which hospital he was in, and the where about of the photos he took. Benjamin Ssebaggala, another freelance photojournalist who works with Bukedde, said he was struck by stones as he tried to take photos of the protestors. The journalists are said to be targetedby protesters because of their affiliation with a media outlet perceived as pro-government.8