Communication and Information
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| Ms. Josehine Kankunda at the 56th Ordinary session of African Commission on Human and Peoples' rights in Banjul, Gambia |
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 56th 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:
- The NGO Bill should be reviewed to ensure compliance
with internationally recognized human rights standards.
- The Prevention
and Prohibition of Torture Act Regulations be adopted to operationalize
the Prohibition of Torture Act, 2012.
- A Victims
Compensation Fund should be set up to ensure timely compensation of
torture victims.
- 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.
- The Second
Optional Protocol to the International Convention on Civil and
Political Rights should be
ratified with the aim of abolishing the death penalty.
- 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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