The period 2013-2022 witnessed normative developments regarding various rights as articulated in the government report. This shadow report focuses on the implementation of recommendations awarded to the government in the 5th review of its obligations under the African Charter on Human and Peoples’ Rights in respect to promoting, protecting, and observing human rights.
Some of the main points canvassed in this report are as follows;
- Despite its prohibition under both international and national law, torture and other cruel, inhuman or degrading treatment and punishment still occur with frequency in Uganda mainly for persons in detention and the governments non-committal in taking steps to eradicate torture and ill-treatment; non-discrimination, among others as these commitments by and large are not realized in practice. We suggest to the African Commission on Human and People’s Rights (the Commission) to recommend to the government to ensure that all allegations of torture or other ill-treatment are promptly, impartially, thoroughly, and effectively investigated leading to the identification and prosecution of perpetrators according to international human rights standards.
- Children Born of War (CBW)[1] continued to be discriminated against because of a weak and complex registration system. This has limited their access to health care, their ability to enroll in school, or access other social benefits that require birth certificates as well as denied them an identity. We suggest the Commission recommend that the State urgently amends the Registration of Persons Act 2012, and exempt CBW from certain registration requirements.
- The right to a fair hearing is greatly impeded by the high cost of legal services in Uganda, thus infringing on the right to access justice for vulnerable persons. We suggest to the Commission to recommend the government to expedite the passing of the Legal Aid Bill, 2022 to enable realization of the right to fair hearing as well as ensuring access to justice for the vulnerable.
- Passing of repressive laws such as the Anti-Homosexuality Act 2022 which re-establishes the death penalty.
- Delay in implementing legislative Policies such as the National Transitional Justice Policy (NTJP).
Whilst these are not the only points discussed, the authors of this report want to highlight several serious concerns emerging under Articles (2,3,4,5,6,710,14,17,21,23) as well as provide recommendations for consideration by the Commission.
[1] During the armed conflict in Northern Uganda between Lord’s Resistance Army (LRA) and the Government of Uganda, thousands of women and girls were targeted for sexual violence by the LRA and Uganda People’s Defense Force (UPDF). As a result, many girls and women gave birth to children commonly referred to as Children Born of War (CBW).