The 19th Annual General Meeting

By Hannah Taremwa 
Information Officer

Every year as required in its constitution, the foundation hosts an Annual General meeting at the human rights house grounds. This year on 22^nd August 2015, it hosted the 19^th Annual General meeting which also doubled as the 9^th General Assembly. A Foundation for Human Rights general assembly is when a new board of directors is elected after a 3 year service.

In attendance where, the board of directors (out-going), Trustees, Members of the working group, Development Partners, Members and Friends of FHRI, Auditors and the staff of FHRI.

Various topics were discussed on Deepening democratic practice, expanding civic space and deepening citizen voices and access to justice. 

The Executive Director; Dr. Livingstone Sewanyana talked about FHRI’s legislative advocacy and the various submissions the foundation made before parliament among these were the Constitutional (amendment) bill 2015, the NGO (amendment) bill 2015, and the Transitional Justice Policy. He talked about CCEDU’s votability campaign meant to mobilize citizens to participate in the 2016 elections and the Citizens Elections Observer Network (CEON) which is guided by the overarching need to promote transparency, integrity, and accountability, as well as increase citizen participation in Uganda's electoral process. These and many more were discussed.

Mr. George Musisi, an FHRI Staff member registering members at the AGM.

The Chair Person of the out-going board of directors; Rev. Can. Dr. John K Tumwine leading the meeting in a prayer.

Some of our staff (FHRI) at the exhibition table

The Executive Director; Dr. Livingstone Sewanyana (L) and two members of the out-going board of directors; Mr. Peace Obura (M) and Mr. David Sserujoji

The Pope and the Death Penalty

By Catherine Komuhangi

Research Associate

His Holiness Pope Francis is scheduled to visit Uganda in November 2015. One thing most Ugandans do not know about him is that he supports the abolition of the death penalty. On 20^th March 2015, His Holiness wrote a letter to the International Commission against the Death Penalty (ICDP) on the matter. As an individual who supports the abolition of the death penalty, I wanted to highlight some of the arguments His Holiness put forward in the letter.

In his letter to the ICDP, His Holiness argued that the death penalty undermines the purpose of punishment. Punishment has five purposes namely: retribution, deterrence, rehabilitation, reconciliation and restorative justice. The death penalty solely serves a purpose of retribution as vengeance for the crime that was committed and undermines the wholesome purpose of punishment. As His Holiness rightly states, “It does not render justice to the victims, but rather foments revenge”. If the death penalty is replaced with long-term imprisonment, the offender is able to appreciate the wholesome purpose of punishment by participating in the rehabilitative, reconciliation and restorative aspect. With regard to the second purpose – deterrence – proponents of the death penalty have often argued that the death penalty deters crime. There has, however, been no empirical evidence to support this argument. In 2009, Micheal L. Radelet and Traci L. Lacock published the results of their study that revealed; 88% of leading criminologists believed that the death penalty does not have a greater deterrent effect than long-term imprisonment. Our lawmakers should, therefore, consider replacing the death penalty with long-term imprisonment. Imposition of the death penalty negates the other three purposes of punishment – rehabilitation, reconciliation and restorative justice. Indeed, punishment in Uganda has traditionally focused on retribution and deterrence. More emphasis should be put on rehabilitation, reconciliation and restorative justice. Rehabilitation is aimed at reforming the offender to prevent recidivism. Interactions with the Uganda Prisons Service have revealed that the rate of recidivism is very low especially for capital offenders. Article 126 (2) (d) of the Constitution of the Republic of Uganda, 1995 promotes reconciliation between parties in both civil and criminal cases, which would be curtailed by the death penalty. The aim of reconciliation and restorative justice is to bring the offender and victim together to foster healing.

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.

---

[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.

CCEDU's Votability Campaign embraced by 'Boda Boda' Riders

By Winne Munyengera

Information and Communication

Sheik Hassan Shire (L) and Dr. Livingstone Sewanyana (R) addressing 'Boda Boda' riders during the mobilization session at Royal Hotel, Old Kampala

On 17^th April 2015,  CCEDU convened a mobilization session with Boda Boda riders in Kampala City to enlist their full participation in the National Voters Register update exercise at Royal Theater on Martin Road, Old Kampala.

The Chief Guest was the Chairperson of CCEDU; Dr. Livingstone Sewanyana who advised the riders to go to their parishes and check for their names and other details in the voters’ register. He said that the Electoral Commission has released the register and their role is to update their details to enable them vote for who they want in the upcoming 2016 general elections.

He requested them to go and inform others about it. “You are important in this issue because you know everyone” said the Chairperson.

Some of  FHRI Staff after the mobilization session.

Sheik Hassan Shire the Director East and Horn of African Human Rights Defenders urged Ugandans to embrace efforts aimed at improving governance in Uganda and the region. He said, if Uganda succeeds in democracy it gives a good example to the East African region and if Uganda shines the region also shines.

Dr. Livingstone Sewanyana, the chairperson CCEDU having an interview with Journalists

According to CCEDU National Cordinator, Mr. Crispy Kaheru the first step is to encourage Ugandans to participate in the ongoing National Voters register update exercise and those who registered to go verify their status before 30th April 2015.

A crosssection of 'Boda Boda' riders after the mobilization session

Speech by Hon. Rebecca A. Kadaga.

On 6th and 7th March, Foundation for Human Rights Initiative (FHRI) held its 8th Inter-University competitions at Busitema University in Tororo. The current speaker of Parliament; Hon. Rebecca A.Kadaga graced the event as the guest of honor. Here is the Speech she made;

The Speaker of Parliament Rebecca Kadaga has backed Human Rights Clubs in Universities and Tertiary Institutions in the country noting that such movements are a stepping stone into ensuring that human rights become a living reality in communities throughout the country.

She made the remarks in her speech read by Hon. Jacob Oboth Oboth M.P Budama West County at the 8^th Inter-University Human Rights Competition held at Busitema University from the 6^th to the 7^th of March 2015.

“The participation of students in human rights club activities through their respective institutions will carry forward the message of human rights and help instil human rights principles in generations to come” read part of the speech.

Kadaga noted that providing a platform such as this not only helps celebrate the constitution, rights and duties but also free the potential of each student participating inspiring one another to look deeper into themselves and ask the important question of what they can do to make contribution to their communities, societies and the country at large.

“We need not to look very far to understand human rights, we need not to look to the greater walls of the United Nations, human rights begin in the communities we live in, the schools and institutions we go to, work places and homes. It’s in these very places that we all seek equality, human dignity, advancement of human rights, freedom and social justice. Engaging the young generation is therefore very key.” Read part of the speech.

Human Rights are rights inherent to all human beings whatever one’s nationality, place of residence, sex, national or infinity origin, colour, religion, language or any other status. We are all equally entitled to our human rights without discrimination. Human rights are all inter-related, inter- dependent, and indivisible.

Universal Human Rights are often expressed and guaranteed by law in the form of treaties, customary laws, national laws, general principles, and international laws. International human rights laws lay down obligations of government to act in certain ways or to refrain in certain ways in acts in order to promote and protect human rights and fundamental freedoms of individuals or groups.

Kadaga noted that all over the world today, the rights of men and women are being threatened by individuals who do not value the need for others to equally enjoy the gift of life and access to life’s available necessities.

“The parliament of Uganda considers human rights as a very important aspect. This is why the human rights committee was created in May 2012 with mandate to ensure compliance with human rights standards in all businesses before parliament. This was a wide mandate that required a sense of direction on how to proceed given the enormous business handled in parliament which include bills, policy matters, statements, petitions and motions.” Read part of the speech.

The committee further went ahead and developed a checklist to the members and executive on what they need to comply with before introducing any business in the house. The checklist was developed in consultation with various stakeholders among them Foundation for Human Rights Initiative, The Uganda Human Rights Commission, United Nations office of the high commissioner on human rights and the Ministry of Justice and Constitutional Affairs among other.

“Engage in income generating Projects"; Dr. Livingstone Sewanyana tells Students.

By Teddy Namayanja
Public Relations Officer - Foundation for Human Rights Initiative (FHRI)

Dr. Livingstone Sewanyana (Center-In suite) with the students of Mengo Senior Scondary School

Dr. Livingstone Sewanyana, the Executive Director, Foundation for Human Rights Initiative has appealed to the youth to be more innovative and creative and engage in income generating projects than aspiring for luxurious lifestyles that end up ruining their lives and future as well.

He made the remarks while counseling students who gathered at Mengo Senior Secondary School to benefit from the “Kavubuka Ampaga” program that airs on Bukedde Television station every Thursday from 2:30pm to 3:30pm. The schools that participated in the program on 25^th February 2015 were: Mengo Secondary School; Janan Senior Secondary, Kabalagala; World Ahead Senior Secondary School, Bulenga; and Light High School, Seguku.

The “Kavubuka Ampaga” program is an initiative by Women Health Care Development (WHCD) and has been airing on Bukedde Television station for the last 3 months. It seeks to reach out to students through awareness programs that counsel them on reproductive health, keeping safe from HIV AIDS and avoiding early pregnancies. Under the program, students from different schools gather to discuss and share ideas on issues that challenge them as youths. During the discussions, experts in different fields are brought on board to offer career guidance to the students and to counsel them.

The day’s topic was, “Why do students get pregnant at an early age?”

Dr. Livingstone Sewanyana advised the students to have bigger dreams and aspirations. He further urged them to remain focused on their studies while pursuing their careers.  He called upon students to desist from gifts from older men and women, avoid groups that mislead them and instead ensure being responsible both at their respective schools and homes, respectful to their parents, teachers and community members and above all, be God fearing. According to him, that is the only way the youth will achieve their dreams.

He however noted that the growing number of school drop outs especially for girls due to pregnancy is attributed to; high levels of poverty, lack of awareness and access to reproductive health information, poor parenting, exposure to pornography through social media, peer pressure, use of drugs, lack of counselling and guidance, child abuse, domestic violence, and looking up to wrong personalities in society. According to the Population Secretariat, out of the 1.2 million pregnancies recorded in Uganda annually, 25 per cent of these are teenage pregnancies.

The Uganda Demographic Health survey 2011reports that, 14 per cent of young women and 16 per cent of young men had their first sexual encounter before the age of 15 while 57 per cent of young women had their first encounter before the age of 18.

Journalists should be treated like Human Beings and their Rights should be respected.

By Teddy Namayanja,

Public Relations Officer – Foundation for Human Rights Initiative

After visiting Andrew Lwanga, a journalist attached to WBS TV on the 14^th of Jan 2015 in Nsambya hospital where he was admitted after being badly beaten by the District Police Commander Old Kampala Joram Mwesigye, I haven’t stopped wondering and questioning why the police continuously treat journalists in such inhumane manner when doing their job.

We all know that the media has and continues to do tremendous work in fulfilling its overall mandate of playing a watchdog role over society by informing and educating the public through providing the population with a forum to express their views on different issues ranging from good governance, accountability and democracy among others. If the police continue to suffocate their (journalist’s) working environment, how best can they then execute their work when they are caged?

Lwanga was only the latest victim joining a long list of journalists brutalized by law enforcement officers simply for doing their job as the fourth estate----keep watch over power holders.

Since 2009, media freedom has been characterized by increased incidents of violence and harassment against journalists especially by security agencies. Human Rights Network for Journalists (HRNJ) has documented over 400 cases of attacks on journalists reported to the police. However, the files seem to have gone cold with no investigations.  This high level of impunity is threatening the media industry as journalists; denied the opportunity to do their job, flee to safer jobs. This flight and lack of scrutiny might be celebrated by the power holders as a victory in the short term but it is only a pyric victory and the long term cost to society is immeasurable. 

Uganda's Juvenile Justice System in Urgent need of Reforms

By Denis Angeri

Project Support, Alternatives to Imprisonment in East Africa

Foundation for Human Rights Initiative (FHRI)

The Ugandan Government ratified the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child in the years 1990 and 1994 respectively.

By signing this treaty, Uganda is obligated to enact legislation and provide policy framework that is aimed at protecting the rights of the child and providing guidance on interventions focusing on children. While the legal and policy framework with regard to child rights in Uganda has improved tremendously with coming into force of the Children’s Act in 2005, which domesticated the provisions of the United Nations Convention on Rights of the Child and the African Charter on the Rights and Welfare of the Child, more still needs to be done to improve the juvenile justice system.

One major area is the implementation of Diversion, which is the channeling of children from the criminal justice system into programmes that make them accountable for their actions. Children who are in conflict with the law and those at risk of coming in conflict with the law may be diverted to some of the following programmes; placement under a supervision and guidance order placing the child under the supervision and guidance of a mentor or peer role model; the issue of compulsory school attendance; the issue of positive peer association; the issue of a good behaviour order requiring a child to abide by an agreement made between the child and his parents to comply with certain standards of behavior; compulsory attendance at a specified centre or place for a specified vocational or educational purpose for a period; restitution of a specified object to a victim; referral to appear at victim-offender mediation or other restorative justice involving family members; referral to a counseling or therapeutic intervention and from  prohibition orders against the child visiting, frequenting or appearing at a specified place

In selecting a specific diversion option for a particular child at a police station or court, consideration should  be given to the child’s cultural, religious and linguistic background;  the child’s educational level, cognitive ability, domestic and environmental circumstances.

In addition, it is important that proportionality of the option recommended or selected to the offence is taken into account in balancing the same with the interests of the society, the child’s age and developmental needs and any other peculiar circumstances relating to the child including whether the child is a repeat offender. Diversion programmes focus on the child and not the offence so as to help the child be accountable and to reform. The goal is rehabilitation of the offender and prevention of further offences by addressing factors that contribute to criminal behaviour.

An example of diversion project was conducted in Mbale district by Children Justice Initiative (CJI) in partnership with Mbale diocese. As a result, many children were diverted from the formal criminal justice system and many children related cases were handled at the family level. This project promoted counseling and caution as best ways to correct children rather than the formal criminal justice system. This diversion pilot scheme used specially trained advocates as mediators to establish a community based alternatives project in Mbale. Government should therefore partner with the Civil Society Organizations to promote diversion and other forms of alternatives to the criminal justice system for children

What is required urgently are standardized guidelines and procedures for protection of children in the juvenile justice system, and amendments to the Children’s Act to entrench Diversion to shield the child offender from a generally punitive and adversarial criminal justice system. This also ensures that criminal charges are withdrawn and no criminal records are maintained on children, thus facilitating rehabilitation and reintegration. The Constitution provides that every child has a right not to be detained, except as a measure of last resort, and when detained, to be held for the shortest appropriate period of time; and separate from adults and in conditions that take account of the child’s sex and age. 
It is frustrating that the proposed amendments to the Children’s Act barely entrench Diversion in the juvenile justice system

Revenge isn't Justice; The Death Penalty should be abolished in Uganda

By Cynthia Ampairwe 

Fourth year Law student, Makerere University, also an intern at FHRI

Makerere University

 

Today, one of the most debated issues in the Criminal Justice system is the issue of capital punishment or the death penalty. Over the years, a number of countries have abolished the death penalty.  However, Uganda still recognizes its imposition for the most serious offences. It is for this reason that this has become one of the major areas of contention especially in the Human Rights perspective. It is a topic of interest not only to the lawyers but also to the public at large. The article therefore presents the current situation in Uganda as regards the abolition of the death penalty. It presents the major reasons that have been given in support of the death penalty; deterrence and retribution. It goes ahead to show how these arguments have not been effective in other countries as well as Uganda. Conversely, more convincing arguments have been raised for its abolition amongst which is the argument that it is a violation of human rights. The article also presents a brief on Jeremy Bentham’s theory of punishment.  Finally, this article points the way forward. The author argues that publicity and the need for a constitutional review should be the major concerns as we move towards total abolition of the death penalty in Uganda.

INTRODUCTION.

 History shows that the view of every nation regarding the infliction of the death punishment have, in the process of time undergone significant changes. There is a growing trend towards the universal abolition of the death penalty and a restriction in the scope and use of capital punishment over the last fifty years.[1] Of the 198 states in the world, 58 retain the death penalty, 98 are abolitionist for all crimes, 7 are abolitionist for ordinary crimes, and 35 are abolitionist in practice (retaining the death penalty but having not executed anyone during the past 10 years).[2]

The vast majority of countries in Africa have moved away from the death penalty while a small, isolated group continues to cling to state-sanctioned killing. 16 of the member states of the African Union are abolitionist in law. Gabon is the latest country to abolish the death penalty; others include Angola, Burundi, Senegal, Cape Verde, Ivory Coast, Djibouti, Gabon, Guinea-Bissau, Mozambique, Namibia, Rwanda, Seychelles, South Africa, Togo, and Mauritius.[3]

During the year (2013), many states across Africa took small but significant steps towards abolition. New constitutions were drafted in Ghana and Sierra Leone to end capital punishment, Both Benin and Comoros are considering new penal codes that would abolish the death penalty for all crimes. However, there was still an increase in executions in 2013. Nigeria, Sudan, Somalia were behind more than 90% of the 64 reported executions carried out in Africa in 2013. They are also accounted for two-thirds of all reported death sentences in the region with dramatic increases especially in Nigeria and Somalia.[4]

The Role of Access to Justice in Sustainable Development

Presentation by Mrs. Maria Kaddu Busuulwa,    
Senior Legal Associate,FHRI.

at the East African Academy in Arusha, Tanzania from 4th - 5th 2014

Qtn: How will access to justice in Uganda work towards the attainment of SDGs?

Scope of discussion

·         What is access to justice?

·         What are the Sustainable development goals (SDGs)-summary

·         What should access to justice entail/what should it be in reality and how will it lead towards the development/sustainability of SDGs.

What is access to justice?

Ø  According to United States Institute of Peace, access to justice is more than improving an individual’s access to courts or guaranteeing legal representation. Access to justice is defined as the ability of people to seek and obtain a remedy through formal or informal institutions of justice for grievances in compliance with human rights standards.

What is Sustainable development and/or Sustainable development goals?

Ø  There are many definitions of sustainable development, including this landmark one which first appeared in 1987: — from the World Commission on Environment and Development’s (the Brundtland Commission) report "Development that meets the needs of the present without compromising the ability of future generations to meet their own needs."

Ø  Sustainable Development Goals (SDGs) on the other hand refer to an agreement of the United Nations Conference on Sustainable Development held in Rio de Janeiro in June 2012 (Rio+20), to develop a set of future international development goals. The proposal contains 17 goals with 169 targets covering a broad range of sustainable development issues, including ending poverty and hunger, improving health and education, making cities more sustainable, combating climate change, and protecting oceans and forests.

Ø  Goal 16 talks about access to justice. It seeks to promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels 

Uganda still in need of stronger child protection mechanisms

By Denis Angeri 

Project Support, Alternatives Project   

Foundation for Human Rights Initiative (FHRI)

Uganda has ratified a number of international and regional treaties and conventions including the Convention on the Rights of the Child (CRC) which legally obliges the state to protect the rights of all children including those who are in conflict and in contact with the law.
At the national level the Children’s Act Cap. 59, has put in place full safeguards for the rights of all children in the country. The adoption of the Children’s Act was a giant stride forward in harmonising national laws with international treaties which Uganda has signed and ratified.
The Children’s Act has immensely improved the lives of many Ugandan children. It guarantees their rights to health and medical care, of which are the responsibility of the parents, the extended family and the government. The provisions of the Children’s Act also empower the police to caution and release child offenders without recourse to formal hearings thus taking on a more rehabilitative approach.
The legal framework also supports separate juvenile courts, although in practice such courts are not “separate” from the usual criminal courts that are used by adults.
Nonetheless, there are still a number of problems to surmount. Uganda’s severe economic and social difficulties have prevented the full realization of children’s rights, and there is concern over the inadequate enforcement of legislation to ensure the ‘physical and mental integrity’ of all children.
Street children are of particular concern. Today’s toxic combination of economic and social factors is forcing more and more children to continue pouring into the streets throughout the country. According to a report released by Human Rights Watch on 17 July 2014 titled Where Do You Want Us to Go?’ Abuses against Street Children in Uganda, Uganda is failing to protect particularly homeless children against police abuse and other violence. Street children throughout Uganda’s urban centers face violence, and physical and sexual abuse.
A considerable percentage of children appearing before the juvenile courts are street children with some arrested for committing crimes, and some taken in to be ‘processed’ by the care and protection system.
Although the care and protection system is conceptually separate from the criminal justice system, the two systems appear to merge in practice. Both groups of children are picked up and held in the same police cells, and are treated similarly at courts. Rights and advocacy groups, especially ANPPCAN, are alarmed about the physical and sexual abuse of Ugandan street children and the increasing burden of HIV/AIDS on orphans that prematurely forces them into adult roles; coupled with inadequate access to education, especially for girl children.