The Memorandum on the Non-Governmental Organizations Bill

By Sheila Muwanga 

Ag. Deputy Executive Director (Programs)

L-R; Ms. Lizet Vlamings, Ms. Josephine Kannkunda, Dr. Josephine Ndagire and Dr. Livingstone Sewanyana at the submission yesterday at the Parliament of Uganda.

Yesterday the 13^th May 2015, the Foundation for Human Rights Initiative (FHRI) appeared before the Standing Committee on Human Rights Affairs in the Parliament of Uganda to present its views on the Non-Governmental Organizations Bill, 2015 (NGO Bill). The Bill was scheduled to be tabled in Parliament that afternoon.  This interface was an opportunity for FHRI to contribute to and shape the position of the Standing Committee on the NGO Bill, 2015 before the Bill is brought to the House for consideration.

On 10^th April 2015, the Government of Uganda gazetted the Non-Governmental Organizations Bill, 2015. The object of the NGO Bill is to inter-alia; repeal the Non-Governmental Organizations Registration Act, Cap. 113 (as amended in 2006); provide a conducive and enabling environment for the NGO sector and; to address challenges relating to accountability and transparency of the NGO sector as well as subversive methods of work and activities, resulting from the rapid growth of non-governmental organizations.

In the memorandum to the committee, FHRI acknowledges and recognizes the duty and efforts by the Government of Uganda to streamline registration and monitoring of non-governmental organizations countrywide.  As Uganda’s NGO sector is growing rapidly, a comprehensive and unambiguous legal framework on the registration and operations of these organizations is needed.

However, even though enhancing accountability and transparency are legitimate justifications for the regulation of NGOs, according to FHRI, the language used in the Bill implies a spirit that is controllingrather than enabling. This is confirmed by several provisions in the Bill that provide for wide discretionary powers to reject registrations, revoke permits, impose hefty criminal sanctions and dissolute registered organizations, among others. 

 The Standing committee of Human Rights Affairs in Parliament led by Hon. Jovah Kamateka who is Chairperson.

In his oral submissions today, Dr. Livingstone Sewanyana, the Executive Director and the FHRI team, makes a case for the State/NGO-led (hybrid) model for a country that is transiting to democracy. As Parliament prepares to deliberate on the Bill, FHRI has advocated for and called on parliamentarians to adopt this model which in contrast to the State-led model, facilitates rather than controls the operating space of NGOs. The legislative process with a hybrid model is generally more participatory and consultative than is the case in a state-led model. Moreover, the regulatory authorities in hybrid models are more autonomous and often include representatives of the NGO sector among its board members. In the subsequent discussions, FHRI cautions the legislators against adopting the NGO Bill in its current form as they will have voted for a State-led regulatory model which leads to severe restriction of civic spaces.

We would like to share the memorandum just presented. It provides insight in the extent to which the right to freedom of association can be limited for purposes ofregulating organizations in Section 2. Section 3 examines the different NGOregulatory regimes on the African continent, and proposes that Uganda adopts the State/NGO-led (hybrid) regime. In Section 4, it fronts elements for a comprehensive enabling NGO law in line with such a hybrid regime. Finally, Section 5 provides a clause-by-clause analysis of the proposed NGO Bill.

Follow this link, to get a copy of the NGO Bill, www.fhri.or.ug 

Women should take the lead in the Electoral Process

By Sheila Muwanga

Deputy Director Programmes

A woman in Dokolo checking for details in the voters's register recently.

In the late 1990s, the United Nations (UN) defined its third Millennium Development Goal as the promotion of gender equality and the empowerment of women. As the UN set a number of specific and quantifiable objectives to meet such goals by the end of the past decade, stakeholders have argued that with respect to political participation of women, such objectives have so far only been met in part.

But there are still reasons to be optimistic. The proportion of seats held by women in single or lower houses of National Parliaments has risen in Northern Africa from 3% in 2000 to 12% in 2011, making such progress the most significant worldwide. In Sub-Saharan Africa, the proportion of seats went up from 13% in 2000 to 20% in 2011(MDG 2011Report). Noting that women are currently holding less than 20% of the seats in Parliaments worldwide, the African continent does not fare too badly, especially considering that Africa has seen the fastest rate of growth in female representation in Parliament than any other region of the world.

In Uganda, women participation in leadership is undoubtedly on the rise, currently estimated at 35%. This is beyond the global and Sub Saharan range. If this was one of the key objectives of promoting women emancipation back then in the early 1990s, then we are on the right track.

Taking the emancipation debate to another level now, we need to take a look at the role of women in elections and question the effectiveness of existing platforms for female voters and candidates to express their views, share ideas and raise their political profile.

Women need to be at the fore front of decision making starting at family level to national level. Women are the final consumers of social services. The burden falls on their backs to ensure sustained livelihood for their families because soon after elections, they are back to prioritizing the day to day operations of their homes. Unfortunately, the silence of women in the electoral process particularly those in the rural areas due to various domestic and community dynamics, is often too loud. These women are vulnerable to electoral manipulation. They may be unable to scrutinize manifestos, co-relate the quality of candidates to their day to day lives and most importantly face mammoth difficulty in competing with their male counterparts.

The good news, this situation can be averted. Women who have been exposed and have come face to face with these complex governance issues can play an important role. Some of these more enlightened women are found in civil society organizations working with women, governance and human rights related issues. These groups have through their outreach programs endeavored to reach the lowest of the lowest. More of these efforts need to be supported.

The opportunity is now. With the Voter Registration Update exercise under way, women need to re-awaken each other’s zeal and interest in elections. Women need to be vigilant in attending community meetings, trainings and dialogues on governance starting now. Campaigns such as ‘VOTABILITY’ spearheaded by the Citizens Coalition for Electoral Democracy in Uganda (CCEDU) need to be embraced by women!

Our democratic process will only grow stronger, be more legitimate and credible when more diverse groups such as women, the disabled, and workers are brought on board. 

And the European Union Human Rights Defenders' Award 2015 goes to....

By Hannah Taremwa
Communication and Information

Dr. Sewanyana receiving the award from the Belgian and EU Ambassador to Uganda; Alain Hanssen and Kristian Schmidt.

Today, 7th May 2015, our beloved Executive Director, Dr. Livingstone Sewanyana was awarded the European Union Human Rights Defenders' Award 2015 at the Residence of the Belgium Ambassador to Uganda.

With over 30 years of human rights activism in Uganda, Dr. Sewanyana has spearheaded various human rights campaigns in Uganda and beyond. His name is synonymous with the campaign for the abolition of the death penalty in Uganda; prisons reform; electoral democracy; access to justice for poor and vulnerable persons; police reform; judicial independence and integrity; juvenile justice; women’s rights; the right to bail; media freedoms; freedom of expression, association and assembly, civil society space; freedom from torture and the right to education among others.

His work with the judiciary, prisons, universities, communities, faith-based institutions and schools, has demonstrated that human rights are values that can indeed be embraced. His work in the trenches, on the streets and in meeting rooms, Dr. Sewanyana has demonstrated a sharp intellect, as well as a deep insight on matters relating to human rights.  Risking the wrath of state and non- state actors, He has made a considerable impact on the improvement of human rights in Uganda.

This EU award is a welcome addition to the numerous accolades won him and the organization at large. Last year, the Foundation took home the World Savers Excellence Human Rights and Justice Organisation 2014 Award. As President Emeritus, the Namilyango Old Boys Association adorned on him the award for his outstanding, distinguished and dedicated service to the association in 2014. He received the Prestigious Founding Member Award 2014 from HURINET and in 2013, he won the Pan-African Human Rights Defenders Award for the Eastern African sub-region.

The Award that Dr. Sewanyana won.

As a team, we congratulate him on this achievement. With a glass of champagne and a few congratulatory remarks from Sheik Hassan Shire, the Executive Director; East and Horn of Africa Human Rights Defenders Project, we tossed to his new award.

Sheik Hassan Shire and Dr. Sewanyana together with the staff of Foundation for Human Rights Initiative (FHRI) at the Human Rights House Foyer making a toast to the achievement

The 56th session of African Commission on Human and Peoples' rights

Compiled by Hannah Taremwa,
Communication and Information

Ms. Josehine Kankunda at the 56th Ordinary session of African Commission on Human and Peoples' rights in Banjul, Gambia

On 21st - 30th April 2015, one of our team members, Ms. Josephine Kankunda; Senior Researcher attended the 56th Ordinary Session of African Commission on Human and Peoples' rights. She represented FHRI and East and Horn of Africa Human Rights Defenders Project (EHAHRDP) and made the following presentation;

Madam Chairperson,

Honourable Commissioners,

State delegates,

Fellow human rights defenders,

The Foundation for Human Rights Initiative (FHRI) in partnership with East and Horn of African Human Rights Defenders (EHAHRDP), would like to take this opportunity to thank the African Commission on Human and Peoples Rights and the Republic of Gambia for organising this 56^th session. In particular, we would also like to thank the Government of the Republic of Uganda for promptly meeting her reporting obligations at both the regional and international level.

Madam Chairperson, FHRI and EHAHRDP would like to bring three issues to your attention. The recently gazettted Non-Governmental Organisation Bill, 2015, continued use of torture mainly by state officials and the imposition of the death sentence pose a grave threat to the enjoyment and realization of human rights in Uganda.

1.     Non- Governmental Organization Bill, 2015

In April 2015 Cabinet approved the Non-Governmental Organizations (NGO) Bill, 2015. We acknowledge and recognize the duty and efforts by the Government of Uganda to streamline registration and monitoring of non-governmental organizations countrywide. Uganda currently has 11,500 registered NGOs, as such a comprehensive and unambiguous legal framework on the regulation of these organizations is needed. However, the NGO Bill, 2015, in its current form, has serious human rights implications as it restricts the enjoyment of fundamental rights, such as the right to freedom of expression, freedom of association and the right to privacy, as enshrined in the Constitution of the Republic of Uganda, 1995 and regional and international human rights instruments, which Uganda has ratified. Some of the contentious provisions include exclusion of NGO representation on the NGO board, stipulated grounds for revoking a permit such as where the NGO operations are not in conformity with its constitution or where in the opinion of the Board it is in the ‘public interest’ to do so. The Bill also provides for spontaneous inspection of premises of an organization. 

2.         Freedom from Torture, Cruel and Degrading Treatment

Article 5 of the African Charter on Human and Peoples Rights guarantees the right to freedom from torture, cruel inhuman and degrading treatment. In particular, we would like to acknowledge Government for passing the Prohibition and Prevention of Torture Act, 2012. At the national level, the Constitution guarantees the freedom from torture, cruel, inhuman and degrading treatment or punishment and also recognises it as a non-derogable right.[1] This provision has been enforced by the Prevention and Prohibition of Torture Act, 2012. The Act defines and criminalises torture, thereby guaranteeing the respect for human dignity, and ensuring individual criminal liability of the perpetrators of torture, among others. Despite these measures, torture trends indicate an increase in the number of torture incidences in the country. Since 2010, torture, cruel, inhuman or degrading treatment or punishment remains the highest registered complaint with a total of 1,637 complaints registered representing a 32.39% of the total number of complaints registered by the Uganda Human Rights Commission (UHRC).[2]

Unlike in the past, where compensation awards were made against the Attorney General, with the enactment of the Prevention and Prohibition of Torture Act, 2012 such awards will be made against individual perpetrators of torture.[3] However, there is need for Government to set up a Victims Compensation Fund to ensure timely compensation of torture victims. In 2014 alone, the UHRC awarded 1,495,102,759 (UGX) to torture victims of which only 999,323,093 (UGX) had been paid.[4]

3.     Death Penalty

By the end of 2014, Uganda had 229 prisoners on death row (216 male and 13 female). Uganda retains the most death penalty applicable crimes within the region: 28 crimes in total (11 civilian crimes and 17 military crimes)^[5]. This includes robbery, treason, and non-lethal military offences. In addition, we note that death sentences continue to be handed down by courts. In 2014, there were 4 death sentences issued by civilian courts.

The meaning of ‘life imprisonment’ also remains unclear with the Uganda Prisons Service and the judiciary having conflicting interpretation to the same.

In line of the above, the FHRI and EHAHRDP recommend that:

1. The NGO Bill should be reviewed to ensure compliance with internationally recognized human rights standards.
2. The Prevention and Prohibition of Torture Act Regulations be adopted to operationalize the Prohibition of Torture Act, 2012.

3. A Victims Compensation Fund should be set up to ensure timely compensation of torture victims.
4. The Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, be ratified to allow for independent inspections in places of detention.
5. The Second Optional Protocol to the International Convention on Civil and Political Rights should be ratified with the aim of abolishing the death penalty.
6. A legal definition of ‘life imprisonment’ in accordance with international standards and best practice should be adopted.

Thank you for your attention.

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[1] Article 24 of the Constitution of the Republic of Uganda, 1995

[2] Uganda Human rights Commission, 17^th Annual Report, 2014, p. 20.

[3] S. 6 of the Prevention and Prohibition of Torture Act, 2012

[4] Uganda Human Rights Commission, 17^th Annual Report, pp. 263-267.

[5] Statistics from Uganda Prison Service.