Committee on the Elimination of Racial Discrimination
Combined eleventh to nineteenth periodic reports submitted by Uganda under article 9 of the Convention, due in 2005 * , **
[Date received: 8 January 2025]
Abbreviations and Acronyms
BTVTBusiness Technical Vocational Education and Training
BMCTBwindi Mgahinga Conservation Trust
CERDCommittee on the Elimination of all Forms of Racial Discrimination
CSOCivil Society Organisations
DAPCBDeparted Asians Property Custodian Board
DGFDemocratic Governance Facility (DGF)
DSCDistrict Service Commission
ELSEElementary Literacy and Special Education
EOCEqual Opportunities Commission
EPAExpropriated Properties Act
FYFinancial Year
GANHRIGlobal Alliance of National Human Rights Institutions
GBVGender Based Violence
GIZDeutsche Gesellschaft für Internationale Zusammenarbeit
GoUGovernment of the Republic of Uganda
HRBAHuman Rights Based Approach
HRCHuman Rights Council
ICERDInternational Convention on the Elimination of all Forms of Racial Discrimination
IDsIdentity Cards
IMCInter-Ministerial Committee on Human Rights
IMPPIndigenous Minority People’s Plan
JCUJustice Centres Uganda
JLOSJustice Law and Order Sector
LAPLegal Aid Project
MGLSDMinistry of Gender, Labour and Social Development
MOFAMinistry of Foreign Affairs
MOJCAMinistry of Justice and Constitutional Affairs
NAPWNational Action Plan on Women
NDP IISecond National Development Plan
NEMANational Environment Management Authority
NEOPNational Equal Opportunities Policy
NGONon-Governmental Organisation
NIRANational Identification Registration Authority
NPHCNational Population and Housing Census
OHCHROffice of the High Commissioner for Human Rights
PRDPPeace Recovery and Development Plan
SBSState Briefs Scheme
SDSPSocial Development Sector Plan
UBOSUganda Bureau of Statistics
UCCUganda Communications Commission
UDHSUganda Demographic and Health Survey
UHRCUganda Human Rights Commission
ULSUganda Law Society
UNDPUnited Nations Development Programme
UNGAUnited Nations General Assembly
UOBDUUnited Organization for Batwa Development in Uganda
UPDFUganda People’s Defence Force
UPEUniversal Primary Education
UPFUganda Police Force
UPHIAUganda Population Based HIV Impact Assessment
UPRUniversal Periodic Review
UPSUganda Prisons Service
I.Introduction
1.The Government of the Republic of Uganda acceded to the International Convention on the Elimination of all Forms of Racial Discrimination (ICERD) in 1980, without reservations, and submitted its last Periodic Report to the Committee on the Elimination of all Forms of Racial Discrimination (CERD) in 2001. Despite the late submission of this Report, the Republic of Uganda recognises the treaty reporting process as an important dialogue in efforts to eliminate discrimination and intolerance in the country. After the last reporting period, Government disseminated the Combined Second to Tenth Periodic Report and the Committee’s Concluding Observations to all Ministries, Departments and Agencies (MDAs), including political, religious and cultural leaders, law enforcement agents, women leaders, youth representatives, among others.
2.The Republic of Uganda underwent its first and second cycle of the Universal Periodic Review (UPR) in 2011 and 2016, respectively. At the 2016 Review, the Council recognised the Ministry of Gender, Labour and Social Development (MGLSD), the Equal Opportunities Commission (EOC) and the Uganda Human Rights Commission (UHRC) as principal duty‑bearers in the implementation of its recommendations on the promotion of minority rights. Through these institutions, Government has made efforts to develop its national policy framework in line with not only those provisions under ICERD, but also the principles of the UN 2030 Agenda, the Durban Declaration and the recommendations accepted at the State’s last UPR in Geneva.
3.Recognising that “racial discrimination” under CERD refers to “any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, cultural or any other field of public life”; the Government of Uganda has made efforts to ensure that all persons in Uganda, including inter alia Ugandan citizens, migrants, refugees, asylum seekers, ethnic minorities and other vulnerable populations coexist in a peaceful manner, and that communities do not face discrimination on the basis of their skin colour, ethnic identity, gender, nationality, and other factors.
4.The 1995 Constitution of Uganda recognises and sets out to protect 56 indigenous groups in the Republic of Uganda. Within the Constitution, National Objectives III and VI call for a culture of cooperation and tolerance for the different customs and traditions in the country, including fair representation of marginalized groups on all Constitutional and other bodies. Article 32 (1) of the Constitution prohibits the marginalization of ethnic minority groups; Article 36 accords specific protocols to protect the rights of minorities; Article 180 (2) (c) provides for affirmative action and participation on local governments for all marginalized groups referred to in Article 32 of the Constitution.
5.This Combined Periodic Report adopts the definition of racial discrimination in Article 1 of the Convention, recognising that the latter manifests itself predominantly in the form of discrimination on the basis of national or ethnic origin. In Uganda, certain groups have been found to disproportionately face challenges to accessing education, adequate healthcare and employment, to name a few. The Uganda Human Rights Commission has identified these ethnic minorities as the Aliba, Bahehe, Bamba, Babwisi, Banyabindi, Bagungu, Banyabutumbi, Basongora, Batwa, Gimara, Ik, Lendu, Mening, Mvuba, Maragoli, Ngikutio, Nyangia, Reli, Shana, Tepeth, Ethur and the Vonoma. The others are the Benet, the Banyara, Batuku, Paluo (Chope), Babukusu, Kebu, Bagwe, Barundi, Bagangaizi, Bayaga, Basese, Meru, Mwangwar, Bakingwe, Banyanyanja, the Kuku and the Bahaya (UHRC Annual Report, 2018).
6.According to 2014 Census Reports, ethnic minorities collectively represent1.4%ofthenationalpopulation.Numbers alone, however, do not adequately define an “ethnicminority”group.Nodefiniteanswerexists,inpartbecauseitdependsonwho defines a minority. Nevertheless, ethnic minorities share a number of common characteristics:beinganon‑dominantgroup(often dominated by majority attitudes and practices), with common ethnic, religious, socio-economic or linguistic characteristicswhicharedistinctfromthoseofthemajoritypopulation.
7.Thesecharacteristicsoftensinglethemoutasmarginalisedgroups,frequentlylivingina remote geographical location, in small communities, poorer than the average population, with limited political representation and lacking access to basic social services.AlthoughtherehavebeensomeeffortsbyGovernment and NGOstopromote their welfare and to recognise their social and economic rights, many ethnic minorities havelostland andothermeanstosurvive,duetocivilstrifeortoGovernmentpoliciesonforestand wildlifeconservation.
8.Inthevariousengagements,theethnicminoritiesinUgandahaveraisedtheirconcern alongfour keyareasthatneedtobeaddressedandtheseare:
(i)Societal recognition: ethnic minorities are concerned about the negative attitudes and stereotypes about their communities which ultimately impacts their right to express their culture.
(ii)Identity and language: the need for comprehensive protection of education and language as a major requirement for cultural preservation and identity.
(iii)Cultural heritage: the cultural heritage of ethnic minorities is at risk, given their lack of access to livelihoods and ways of life that reflect their traditions, skills and beliefs.
(iv)Political representation: in part because of their small population, limited exposure and relatively low levels of education, ethnic minorities suffer from limited political representation, especially at district and national levels – a situation that requires urgent affirmative action.
9.Thus, Government efforts to eliminate all forms of racial discrimination have largely been geared towards combatting intolerance and marginalisation of ethnic and national minorities by the general population. This Periodic Report highlights the Government of Uganda’s approach to guaranteeing the protection and support of marginalised populations, as per Article 32 of the 1995 Constitution, taking into account intersecting factors such as gender, age, physical and mental ability, HIV status, among others in the implementation of laws and policies.
10.It is within this context that the Government hereby submits to CERD its Combined Eleventh to Nineteenth Periodic Report on progress made in the implementation of the Convention on the Elimination of all Forms of Racial Discrimination for the period of 2002–2020. The structure of the report is such that it responds to the Committee’s Concluding Observations as issued in 2003 and elaborates on the legislative, judicial and institutional advancements made by the Government of Uganda to eliminate racial discrimination in the country. Ultimately, the Report illustrates that the Government of Uganda is implementing laws and policies for the betterment of all Ugandan peoples, regardless of race, religion or creed.
Legislative Developments
11.The Ugandan Government has ratified multiple international protocols and conventions protecting the right to freedom from discrimination, including the Convention on the Rights of Persons with Disabilities (CRPD) in 2008; the Protocol to the African Charter on Human and People’s Rights’ on the Rights of Women in Africa (Maputo Protocol) in 2010; and the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities (VIP Treaty) in 2018. Ugandan laws, policies and plans in the Social Development Sector are being implemented using a rights‑based approach to ensure protection for ethnic minorities and vulnerable populations in the country.
12.Since the submission of its last Periodic Report, Government enacted the Refugee Act, 2006 to provide for matters relating to refugees, including protection and administration; the Employment Act, 2006 to provide for equal remuneration for men and women for work of the same value; the Prevention of Trafficking in Persons Act, 2009 to protect vulnerable individuals from the risk of mistreatment in the workplace and trafficking in persons; the Domestic Violence Act, 2010 which protects and provides legal redress for survivors of violence in the home; the 2010 Prohibition of Female Genital Mutilation Act which criminalises the harmful practice of Female Genital Mutilation (FGM); and the HIV/AIDS Prevention and Control Act, 2015 which protects women and men living with HIV from discrimination on the basis of their HIV-positive status. More recently, Government enacted the Human Rights (Enforcement) Act, 2019 to give effect to Article 50(4) and Chapter Four of the 1995 Constitution.
Institutional Developments
13.The Uganda Human Rights Commission, which is the National Human Rights Institution in the country, was awarded “A accreditation status” by the Global Alliance of National Human Rights Institutions (GANHRI) for the fourth consecutive year, highlighting the Commission’s independence and adherence to international standards and protocols that protect and promote human rights.
14.Government established the Equal Opportunities Commission (EOC) in 2010 to eliminate discrimination and inequalities against any individual or groups of persons including on the grounds of sex, age, race, colour, ethnic origin, birth, political opinion and disability and to take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or customs for the purposes of redressing imbalances against them and to provide for other related matters.
15.Through the EOC and UHRC, Government is implementing multiple policies that recognise and protect the rights of different categories of minorities, including persons discriminated against on their race, colour, descent, national or ethnic origin. Uganda Vision 2040 which balances Uganda’s economic goals with the protection of human rights and social development; the Second National Development Plan (NDP II) which addresses the need for food security, access to education/vocational training and adequate healthcare for vulnerable and marginalised populations by 2030; and the Social Development Sector Plan (SDSP; 2015/16–2019/20) which aims to empower Ugandan persons, especially vulnerable populations, in the development of national unity, promotion of equal access to and benefit from development initiatives; and promotion of a culture that blends and respects traditional beliefs and national values.
16.To increase accountability for the promotion of inclusivity within the public sector, Government developed the Human Rights Based Approach (HRBA) Planning Tool for Sectors and Local Governments in 2016 which sets standards, guidelines and indicators to measure progress in the implementation of human rights laws and policies targeting people discriminated upon on the basis of their ethnic identity and other marginalised groups. The HRBA aligns with Agenda 2030 and the recommendations accepted at the 2011 UPR of the Republic of Uganda.
17.Government is developing the Third National Development Plan, 2020 – 2025/6 (NDP III) whose objective is to increase household incomes and improve the quality of life for all Ugandan people under the theme “Sustainable Industrialization for Inclusive Growth, Employment and Wealth”. The NDP III will prioritise inclusivity and wellbeing of all Ugandan people in the efforts to achieve the Uganda Vision 2040, focussing on improved access to quality education and health services, including health insurance schemes. Additionally, Government is developing a National Action Plan on Business and Human Rights (NAPBHR) which aims to address the negative externalities of extractive industries and business activities on indigent populations, including sexual exploitation and gender‑based violence, land concerns, forced evictions and access to justice concerns.
18.Parliament now features a Human Rights Committee whose mandate is to track and report on human rights concerns in Parliamentary proceedings and to monitor Government compliance with international and national human rights standards. Government has set up a Human Rights Cabinet Sub-Committee and the Inter-Ministerial Committee which provide policy and technical guidance in the drafting and implementation of human rights instruments. At the Sectoral level, the Human Rights and Accountability Working Group has been created within the Justice, Law and Order Sector to strengthen Government interventions regarding the promotion and observance of human rights and ensure accountability within the Sector. A National Action Plan on Human Rights is being developed.
19.Security agencies such as the Uganda Peoples’ Defence Forces (UPDF) and Uganda Police Force (UPF) have upgraded their human rights desks to the Directorate of Human Rights and Directorate of Human Rights and Legal Services, respectively. The Ministry of Justice and Constitutional Affairs (MOJCA) and Ministry of Foreign Affairs (MOFA) have established Human Rights Desks as well to coordinate the implementation of the National Action Plan on Human Rights (NAP), including compliance and reporting to regional and international mechanisms. Focal points have been created within MDAs to ensure human rights are incorporated in institutional plans, programs, policies and budgets and to follow up on the enforcement of human rights standards in the country.
20.Under the Fourth Justice, Law and Order Sector Development Plan (2017–2020), Government has prioritised the widening of access to the services of JLOS institutions and increased funding for programs that target gender, age, poverty and other forms of vulnerability. JLOS aims to increase awareness of human rights among vulnerable populations by establishing information desks and user guides on JLOS services, holding periodic service-user dialogues, and providing communities with civic education. JLOS will also review eco-friendly development initiatives to ensure the protection of vulnerable communities which are disproportionately affected by landlessness relating to climate change and land disputes.
21.Government Ministries, Departments and Agencies (MDAs) participate in training workshops to increase awareness of the rights of the vulnerable and marginalised, including persons discriminated against on their race, colour, descent, national or ethnic origin. In FY 2017/18, a total of 290 officers in the Directorate of Public Prosecutions (DPP) received training on the management of cases of minorities and marginalised persons, plea bargaining, child psychology and development, gender and sexual violence, among others. In the same financial year, UHRC trained 150 members of miners associations, mining companies and natural resource officers on the duties and obligations in the promotion of economic, social and cultural rights in various regional offices (JLOS Annual Report 2017/18).
Judicial Developments
22.To date, the Judiciary of Uganda has heard multiple cases concerning discrimination, such as Mabale Growers Tea Factory Ltd v Noorali Mohamed & Registrar of Titles High Court Civil Suit No. 065 of 2006 where the Supreme Court emphasised that, as the Expropriated Properties Act (EPA) Cap 83 of 1983 “endeavours to put right a monstrous wrong committed against a section of property owners in [Uganda], by a notorious regime, by reason only of the property owners’ race”, the Courts must adopt a liberal approach when construing its provisions.
23.In Andrew Mujuni Mwenda and Eastern African Media Institute (U) ltd. v The Attorney General Consolidated Constitutional Petition No.12 of 2005 and No.3 of 2006, the petitioners challenged the constitutionality of inter alia Section 41 of the Penal Code Act in light of the Article 29 Constitutional right to freedom of expression. The issue before the Court, among others, was whether Sections 39, 40, 41 and 179 of the Penal Code Act were inconsistent with Article 29 (1)(a) of the 1995 Constitution and, if so, whether the provisions constituted legitimate and justifiable limitations upon freedom of expression in a free and democratic society (Article 43(1)(c) of the 1995 Constitution). In this case, the Court found that Section 41 which criminalises sectarianism was indeed constitutional, and lawful.
24.In Olara Otunu v The Attorney General Constitutional Petition No.12 of 2010, the Court adjudicated over inter alia Section 41 of the Penal Code Act (PCA) which outlines the offence of sectarianism. The Petitioner, under Article 137 of the Constitution, challenged the constitutionality of Section 41 of the PCA on the basis that it was inconsistent with and in contravention of Articles 29(1) (a), (d) and (e); 17 (1)(i); and 38 of the 1995 Constitution. Citing the Court’s pronouncement in Andrew Mujuni Mwenda and Eastern African Media Institute (U) ltd. v The Attorney General(above), the Court rejected the Petitioner’s prayer on this issue. Therefore the offence of sectarianism was upheld in the Ugandan laws.
25.To enhance access to justice for vulnerable populations, the Judiciary is increasingly providing free legal aid through Justice Centres Uganda (JCU) and the State Briefs Scheme (SBS). This has enabled vulnerable persons and those discriminated against on their race, colour, descent, national or ethnic origin to receive legal assistance in and out of court. The proportion of magisterial areas with access to State-funded legal aid increased from 26% in 2016 to 30.4% in 2017/18 (see Figure 3, Annex 3). The Legal Aid Project (LAP) of the Uganda Law Society (ULS) handled 9,449 cases pertaining to indigent, vulnerable and marginalized persons through court representation and Alternative Dispute Resolution (ADR) mechanisms in 2018. To broaden the reach of its services, the Uganda Law Society launched the Legal Aid & Pro Bono App (PULIDAWO) in August 2019.
II.Follow-up information on the concluding observations (CERD/C/62/CO/11)
Disaggregated data on composition and situation of ethnic groups
Information relating to paragraph 8
26.Thus far, the collection of disaggregated data has been challenging due to differences in statistics standards within MDAs, lack of baseline data on a majority of indicators, the absence of appropriate methodologies and technologies for measuring some indicators, among others. Despite this, the Government of Uganda is implementing strategies and policies to generate disaggregated data that more accurately capture the composition and socio-economic situation of ethnic and national groups. With support from UN agencies, Government launched the Roadmap for Creating an Enabling Environment for Delivering on SDGs in Uganda (2018). The Roadmap presents guidelines on coordination, monitoring, evaluation and reporting of progress in the implementation of SDGs, resource mobilisation and inter alia, the production of disaggregated data and precise information on the situation of ethnic minorities in Uganda. Within this framework, Government is working concertedly with civil society and local leaders to scale up the production of disaggregateddata, which would increase the measurability of Uganda’s progress in the implementation of the ICERD and UN 2030 Agenda.
27.Government is facilitating a Capacity Building Programme for Gender Statistics in the National Statistical System (2018/19–2022/23) that will provide technical support to stakeholders in the production and use of disaggregated data. The Strategy for the Development of Gender Statistics (2018/19–2019/20) identifies indicators of inclusivity for vulnerable and marginalised groups, including indigenous women, as a key priority area for gender disaggregated data collection strategies at the subnational level.
Affirmative Action
Information relating to paragraph 9
28.To enforce Article 32 of the Constitution which provides for affirmative action in favour of vulnerable and marginalised persons, Government enacted the Equal Opportunities Commission Act, 2007. The 2007 Act was passed to implement the affirmative action provisions under the Constitution and eliminate “any act, omission, policy, law, rule, practice, distinction, condition, situation, exclusion or preference which, directly or indirectly, has the effect of nullifying or impairing equal opportunities or marginalizing a section of society or resulting in unequal treatment of persons in employment or in the enjoyment of rights and freedoms on the basis of sex, race, colour, ethnic origin, tribe, birth, creed, religion, health status, social or economic standing, political opinion or disability.”
29.The Equal Opportunities Commission Act established the Equal Opportunities Commission (EOC) whose mandate is to take affirmative action in favour of marginalised groups, including those that face discrimination on the basis of gender, age, race, colour, ethnic origin, tribe, birth, creed or religion, health status, social or economic standing, political opinion and disability, among others. The EOC ensures that the policies, laws, plans, programs, activities, practices, traditions, cultures and customs of legal entities are compliant with equal opportunities. The scope of this mandate extends to statutory bodies and agencies; public bodies and authorities; private businesses and enterprises; non-governmental organizations and social and cultural communities.
30.The EOC has 23 offices and works through Local Government to ensure state-wide access to and awareness of its services. Government granted the Commission its own vote under the Uganda Budget (124) and increased its staffing level from 26 personnel in FY 2013/2014 to 50 in FY 2016/2017. EOC’s allocations under the National Budget have increased from $171,000 in FY 2010/2011 to $1,714,000 in FY2017/2018. By capacitating the EOC in this way, Government has signalled strongly that discrimination against vulnerable and marginalised groups is neither acceptable nor to be tolerated at the familial, communal or state level.
31.In addition to the 1995 Constitution and the EOC Act, the National Equal Opportunities Policy (NEOP) was passed in 2006 to promote equal opportunities for all persons in Uganda regardless of their gender, age, physical ability, health status or geographical location, in all MDAs and NGO activities, programmes, plans and policies and in all spheres of social, economic, political and civil life. This policy guides and directs planning processes, resource allocation and implementation of activities. The policy recognises different categories of minorities under the poor and vulnerable category of Uganda’s population, which currently stands at 21.4 and 31.1% respectively.
32.Through the Tribunal and Alternative Dispute Resolution (ADR) mechanisms, the Commission has addressed a total of 1,508 complaints; 853 lodged by men and 655 lodged by women (Annex 2). In Banyabindi Community of Kasese v Attorney General & Kasese District Local Government EOC/WR/014/2017, the Banyabindi Community of Kasese complained about the Government’s lack of initiatives to resettle the Banyabindi, despite the fact that the State had resettled other groups whose land had been compulsorily taken for inter alia the establishment of national parks and the conservation of forests. Secondly, the community expressed discontent with a Kasese Local Government (LG) Resolution that placed Lukonzo, a language that the Banyabindi do not understand, as the language of instruction in the district’s primary schools. The Banyabindi also alleged that, due to discrimination in the recruitment process for the District Service Commission (DSC), the community did not have any representation at the District Council and could not voice their concerns.
33.Upon investigation, the Commission found that the Banyabindi had been subject to discrimination and non-inclusion insofar as they were not resettled by the Central Government during the resettlement exercise; their children were being denied the right to education because they did not understand Lukonjo, the language of instruction at the primary school level; and they faced barriers to representation on the DSC which disproportionately favoured the views of the Bakonjo tribe, rather than the district as a whole. The Commission called for special measures to be taken in favour of the Banyabindi to address the historical imbalances that the community has suffered by including them on the District Service and District Councils for more effective political representation.
34.In 2014, the Ministry of Internal Affairs launched a National Identification Registration project to ensure that all citizens are well accounted for. Registration under this project is open to all Ugandan citizens above the age of sixteen, without discrimination on the basis of ethnicity or political opinion. Validation of citizenship is made through various means, including the use of passports, birth, baptism and marriage certificates, school reports or school identification cards and verification from elders or parish leaders within local communities. Individuals who allege discrimination on the basis of any of the above factors can raise these complaints before the EOC Tribunal, as in the cases of Yasin Omar v Attorney General EOC REF. NO. EOC/CR/010/2016 and Maragoli Community of Kiryandogo v National Identification and Registration Authority & Ors EOC/WR/018/2017.
35.In Yasin Omar v Attorney General EOC REF. NO. EOC/CR/010/2016, the Commission adjudicated on whether the actions of officials of the Ministry of Internal Affairs constituted discrimination against multi-racial individuals in the processing of passport and National Identification Cards; whether the actions of said officials amounted to a violation of the complainant’s rights and the rights of Uganda’s multi-racial community as a whole; and whether multi-racial communities may be accorded affirmative action under the socio‑political and economic programmes and opportunities available to other citizens.
36.Citing Articles 2, 20, and 21 of the 1995 Constitution, Section 39 of the Uganda Citizenship Immigration Control Act, Cap 66 and Articles 2, 3, 4, 5, 6 and 7 of the ICERD, the Commission held that the conduct of the officers of Ministry of Internal Affairs involved in the processing of passports and National Identification Cards amounted to clear discrimination of multiracial individuals. The rejection of the complainant’s application for a passport and other travel documents on the unjustified grounds of their colour amounted to violation of their rights as citizens in Uganda.
37.In Maragoli Community of Kiryandogo v National Identification and Registration Authority & Ors EOC/WR/018/2017, the Maragoli of Kiryandongo complained that, although they had registered for national identity cards just like the Chope, Baruli, Bagishu and Banyoro tribes in their community, members of the Maragoli had not received their identity cards. The complaint alleged that the respondents were jointly and severally liable for rejecting and neglecting Marigoli applications for National Identity Cards (IDs), despite several follow-up attempts by the latter.
38.Following public inquiry, the Commission found that the failure of the Maragoli Community to get national IDs duly affected and denied them equal opportunities in the social, political and economic spheres; that members of the Maragoli community, who are products of inter-marriages between the Maragoli and other indigenous communities, are citizens of Uganda by virtue of section 10 (a) of the Constitution; and that the denial of national IDs to the Maragoli constitutes discriminatory behaviour. The Commission directed NIRA to promptly issue national IDs to the Maragoli in order to ensure justice and minimise further delays in access to equal opportunities for the Maragoli.
Persons of Asian Origin
Information relating to paragraph 10
39.As cited in the first State Report, Government enacted the Expropriated Properties (EPA) Act Cap 83 of 1983 to provide for the transfer of the properties and businesses acquired or otherwise expropriated during the military regime to the Ministry of Finance, Planning and Economic Development (MOFPED). As required under the 1983 Act, MOFPED facilitated the return of former owners to their land and provided for other matters connected therewith or incidental thereto. During this reporting period, the Departed Asians Property Custodian Board was established and it has actively executed its mandate to ensure the transfer of properties to former owners or to the Government for resale, as the case may be.
40.According to the Departed Asians Property Custodian Board (DAPCB), the total number of Asian properties in Uganda is 80,000. Of these, 119 properties were sold and their owners compensated by DAPCB. By 2005, 44 properties of senile Asians had been compensated by Government. 126 properties have been reverted back to controlling authorities that include municipal councils, town councils and districts. 116 properties owned by 67 British Asians were compensated by the British High Commission. 334 individuals were compensated through UNHCR as evidenced by Bank of Uganda. By 2005, a total of 4,063 properties were repossessed by Asians. 1,524 properties were due for sale by 2005. According to Instrument Number 17 of 1995, 4,139 properties were gazetted for sale under gazette no 13 vol. LXXXVIII 14/3/1995 by the Minister of Finance. As of 2018, all genuine claims regarding the properties belonging to persons of Asian origin have been duly settled.
41.The Judiciary has been instrumental in indemnifying victims of expropriations and enforcing the EPA. In Mabale Growers Tea Factory Ltd v Noorali Mohamed & Registrar of Titles High Court Civil Suit No. 065 of 2006, the Supreme Court emphasised the need to adopt a liberal approach when construing the provisions of the EPA as an Act which “endeavours to put right a monstrous wrong committed against a section of property owners in this country, by a notorious regime, by reason only of the property owners’ race.” As the EPA has not been repealed, the Court found the 90 day requirement for bringing forth an application for a Certificate of Repossession to be merely a regulatory provision, and not an impediment to lodging such applications under the Act.
42.Pursuant to the Constitution, the Uganda Citizenship and Migration Control Act, 1999 provides for the acquisition of Ugandan citizenship; the compulsory registration of all Ugandans; the regulation of passport issuance; and the regulation and control of aliens in Uganda. Section 3 of the Act establishes the National Citizenship Immigration Board (NCIB), which coordinates these activities, including the registration and issuance of national identity cards to all persons, including aliens. The 1999 Act also provides for the acquisition of Ugandan citizenship by birth (section 12); by adoption (Section 13); by Registration (Section 14); and by Naturalization (section 16).
43.Government amended Section 19 of the 1999 Act which prohibited dual citizenship by passing the Uganda Citizenship and Immigration Control (Amendment) Act of 2009. The 2009 Act provides for the acquisition of dual citizenship, or “the simultaneous possession of two citizenships, one of which is Ugandan” for persons aged eighteen years and above.
Offence of Sectarianism (Penal Code, 1998)
Information relating to paragraph 11
44.The Government of Uganda, under the Ten Point program (Point No. 3) and the NRM Manifesto (2016 – 2021) commits to fighting sectarianism as a historical impediment to peace, democracy and the rule of law in Uganda. The Penal Code (Amendment Act), 2007 and the Anti-Corruption Act, 2009 criminalise the promotion of sectarianism.
45.Since its establishment, the Judiciary and the Equal Opportunities Commission (EOC) have been active in addressing cases pertaining to the offence of sectarianism as stipulated under Section 41 of the Penal Code Act, Cap 120. In Andrew Mujuni Mwenda and Eastern African Media Institute (U) ltd. v The Attorney General Consolidated Constitutional Petition No.12 of 2005 and No.3 of 2006, the petitioners challenged the constitutionality of inter alia Section 41 of the Penal Code Act in light of the Article 29 Constitutional right to freedom of expression. The issue the Penal Code Act were inconsistent with Article 29 (1)(a) of the 1995 Constitution; and, if so, whether the provisions constituted legitimate and justifiable limitations upon freedom of expression in a free and democratic society under Article 43(1)(c) of the Constitution.
46.In response to the arguments before it, the Court cited Article 274 of the 1995 Constitution which made provisions to preserve the laws that were already in existence before the 1995 Constitution came into force. As Section 41 criminalising sectarianism was made law on 7th December 1988, it is lawful under the Constitution. The Court declined the petitioner’s request to declare the Section unconstitutional. The provision criminalising sectarianism was therefore declared lawful. Ultimately, the petitioners succeeded on sedition and failed on sectarianism.
47.In Olara Otunu v The Attorney General Constitutional Petition No.12 of 2010, the Petitioner, leader of an Opposition Party, was summoned by the Police after speaking at a radio talk show hosted by Radio Lango on 12th April 2010. The summons alleged that the Petitioner had made statements during the radio talk show that contravened Section 41 of the Penal Code Act and promoted sectarianism. The Petitioner brought this petition under Article 137 of the Constitution, challenging the constitutionality of Section 41. He sought a declaration inter alia that Section 41 is inconsistent with and in contravention of Articles 29(1) (a), (d) and (e); 17 (1)(i); and 38 of the Constitution.
48.However, citing the Court’s pronouncement in Andrew Mujuni Mwenda and Eastern African Media Institute (U) ltd. v The Attorney General (above), where the Court held that the offence of sectarianism under Section 41 of the Penal Code Act is not unconstitutional, the Court rejected the Petitioner’s prayer on this issue
49.In Serene Suites Hotel Mutundwe, EOC/CR/014/2018, the Equal Opportunities Commission handled a complaint concerning the recruitment of employees on the basis of their race. The complaint concerned Serene Suites Hotel, which ran an advertisement seeking to recruit several staff, including a hotel manager who should “preferably (be) a white person” and a restaurant manager, who should “preferably (be) an Indian person.” Upon investigation into the matter, the Commission found that the advertisement was discriminatory and against the principle of equal opportunities for all. The Commission ordered Serene Suites to halt the recruitment process and run another advertisement; a decision to which the Hotel complied.
Lack of penal provisions for propaganda activities that advocate racial hatred
Information relating to paragraph 12
50.Government is implementing various laws that give effect to Article 21 of the 1995 Constitution and explicitly prohibit and penalise organisations and propaganda activities that advocate ethnic hatred as the main form of racial discrimination in the country. Section 51 of the Penal Code (Amendment) Act, 2007 prohibits hate speech under the ambit of incitement to violence; i.e. persons are prohibited from printing, publishing or making statements that indicate, imply or support acts that are “calculated to bring death or physical injury to any person or to any class or community of persons” or “calculated to lead to destruction or damage to any property.” Persons who are found guilty of this offence are liable to imprisonment for up to three years. The Police (Amendment) Act, 2006 and Uganda People’s Defence Forces Act, 2005 prohibit the spread of harmful propaganda by persons who are subject to the Police Code and military law.
51.Government enacted the Computer Misuse Act in 2011 which prohibits cyber harassment and hate speech online, and the Communications Act in 2013 which established the Uganda Communications Commission (UCC) to monitor, inspect, license, set standards and enforce compliance relating to content. In this context, “content” is defined as “any sound, text, still picture, moving picture or other audio visual representation, tactile representation or any combination of the proceeding which is capable of being created, manipulated, stored, retrieved or communicated electronically.” UCC issues public notices about the irresponsible use of social and electronic communication platforms that violate the Communications Act of 2013, including the use of social media and online platforms to advocate ethnic hatred, perpetrate sectarianism, hate speech, pornographic content and other illegal acts that cause distress and harm to other members of the public.
52.Section 23 of the Parliamentary Election Act No, 17 of 2005 criminalises the “use a symbol or colour which has a tribal, religious, affiliation or any other sectarian connotation as a basis for that person’s candidature for elections or in support of that person’s campaign.” Section 24 thereof criminalises the intimidation and spread of propaganda inter alia through the “use of words, whether spoken or written, song, sign or any other representation or in any manner seeks to excite or promote disharmony, enmity, or hatred against another person on grounds of sex, race, color, ethnic origin, tribe, birth, creed or religion.” Further, Section 73 of the 2005 Act stipulates that:
A person who before or during an election for the purpose of effecting or preventing the election of a candidate, makes or publishes or causes to be made or published by words whether written or spoken or by being in relation to the personal character of a candidate, a statement which is false.
(a)Which he or she knows or has reason to believe to be false or;
(b)In respect of which he or she is reckless whether it is true or false commits an offence and is liable on conviction to a fine not exceeding 12 currency points or imprisonment not exceeding six months or both.
53.In Amogin Jane v Lucy Akello and Election Commission (HCT-05-CV-EP-0001 of 2014), the petitioner challenged election results on the basis that inter alia the first respondent had made sectarian, tribal and false statements to voters during the elections. The respondent stated that the petitioner was not an Acholi, and that she was planning to evict the people of Amuru District from their land. The petitioner relied on Section 73 of the Parliamentary Election Act (above) to support her argument. In response, the Court identified the following elements that must be proved on the balance of probability under Section 73(1);
(1)There must be words either spoken or written;
(2)These words should therefore be pleaded verbatim;
(3)The words complained of must be published;
(4)The words must attack the personal character of a candidate knowing they are either false or true;
(5)The words must be uttered recklessly;
(6)The intention must be to prevent the election of a candidate.
54.The Court clarified that, in order to fulfil the criteria under Section 73 of the Parliamentary Election Act, the first respondent’s statement must be false or, where true, must be made with the bad faith intention of damaging the personal image or reputation of the petitioner. In addition to this, specific evidence regarding the respondent’s statement must be submitted for consideration by the Court in order for it to determine whether it does indeed constitute an attack on the petitioner’s character. Upon consideration of the evidence adduced during trial, the Court found that the petitioner failed to quote the exact falsities and tribal statements made by the respondent during the elections. This made it difficult for the Court to know which exact statements were made by the first respondent and which exact statements were made by agents and supporters of the first respondent.
55.The Court further stipulated that, the petitioner must adduce evidence that the respondent’s statements led to a substantial loss in voter trust or confidence in the petitioner. As no such evidence was presented before the Court, the offence under Section 73 of the Parliamentary Elections Actwas not successfully proved. The judgement not only outlined the evidentiary requirements for the offence of propaganda activities that advocate intolerance and racial hatred, but also set standards to direct future petitioners on how to bring a successful claim involving ethnic intolerance, sectarianism and other forms of racial discrimination.
Participation of Minorities
Information relating to paragraph 13
56.Government has made efforts to register its citizens and educate women and men about their rights, obligations and freedoms as citizens of the country. In FY 2016/17, Government allocated UGX 2.3 billion to UHRC specifically for civic education (UHRC, 2017 Annual Report). The Ik have a Member of Parliament, a woman, to represent them at the national level. All persons have access to and participate in Local Councils specific to their regions and areas of residence.
57.The Social Development Sector Plan (SDSP) 2015/16 – 2019/20 recognises the need to preserve the languages of ethnic minorities, promote their culture and address the structural imbalances that impede full enjoyment of their human rights. Communities whose rights have been infringed can seek redress from the UHRC and the EOC. Government of Uganda, through the Uganda Bureau of Statistics (UBOS), is making efforts to strengthen the production of disaggregated data to avail information for policy formulation, planning, and monitoring of national progress towards the empowerment of ethnic and national minorities.
Healthcare
58.The 1995 Constitution accords all Ugandans the right of “access to education, health services, clean and safe water, decent work, decent shelter, adequate clothing, food security and pension and retirement benefits.” Under Vision 2040, the Government commits to having healthy, wealthy and resilient communities by 2040. Government of Uganda, through the Uganda Bureau of Statistics (UBOS), is making efforts to strengthen the production of disaggregated data to avail information for policy formulation, planning, and monitoring of national progress towards the empowerment of ethnic and national minorities.
59.Ethnic and national minorities face idiosyncratic challenges in accessing adequate healthcare, which include but are not limited to physical remoteness, language barriers and resistance to abandoning traditional ways of life for modern advances in medicine. To address the intersecting health needs of these populations, and to promote accessibility to a wider range of healthcare solutions, Government is implementing various strategic plans, including the Health Sector Development Plan (HSDP 2015/16–2019/20), the National Health Policy (NHPII 2010) and the National HIV/AIDS Strategic Plan (2015–2020) are the key guiding policies on healthcare provision in Uganda, including ethnic and national minorities.
60.According to the EOC 4th Annual Report, majority of Uganda’s ethnic minorities depend on traditional knowledge and medicinal herbs for their healthcare. Parliament is considering the Traditional and Complementary Medicines Bill, 2019 which seeks to regulate the activities of traditional healers, including the medicines and herbs that they sell to indigent persons. The Bill recognises that, despite the fact that majority of Uganda’s population uses traditional medicine as the first port-of-call for health concerns, traditional healers are not regulated, standardised or held accountable for any wrongful “medicines” they produce or circulate. Among other things, the Bill would ensure that ethnic and national minorities that prefer not to visit the hospital can still access safe and effective medical services.
Batwa minority
Information relating to paragraph 14
61.Article 32 of the 1995 Constitution provides for affirmative action in favour of historically disadvantaged groups. The 1995 Constitution, under the National Objectives and Directive Principles of State Policy, provides that “every effort shall be made to integrate all the peoples of Uganda while at the same time recognising the existence of their ethnic, religious, ideological, political and cultural diversity.” The Constitution also makes provision for the adoption of affirmative action policies, plans and programmes in favour of vulnerable groups in order to address historical imbalances.
62.The Ministry of Tourism and Wildlife has been employing Batwa people in the ‘Batwa-Bwindi’ initiative which has greatly improved their livelihoods, while allowing them to continue partaking in their traditional lifestyles. Within this initiative, Batwa women weave baskets for sale, while men are employed as tour guides. Through this initiative, Government is empowering the Batwa with contemporary skills while inviting communities to celebrate the Batwa’s history, livelihood and culture, thereby reducing poverty for these groups.
63.Section 23 of the Land Act, 1998 provides allowance for “the grazing and watering of livestock; hunting; gathering of wood fuel and building materials; gathering of honey and other forest resources for food and medicinal purposes; any other purposes as may be traditional among the community using the land communally.” Additionally, Section 45 of the National Environment Act, 1995 allows for “traditional uses of forests which are indispensable to the local communities and are compatible with the principle of sustainable development.”
64.The provisions above were enacted to protect populations such as the Batwa that depend on traditional livelihoods such as hunting and gathering to earn their livelihoods. These communities remain vulnerable tolandlessness, poor housing, poor sanitation in settlements and regular disease outbreaks, all of which impede their progression as a community. They also face challenges in farming due to climate change, soil erosion and other natural hazards. To address these challenges, Government has scaled up its construction of resettlement homes for the Batwa, switching from the construction of mud and wattle houses to more permanent, durable structures using bricks and cement. Beneficiaries of these initiatives are predominantly the most vulnerable within the Batwa population, such as children heads of household, the elderly, households with single mothers and sickly persons.
65.Government, through the Bwindi Mgahinga Conservation Trust (BMCT) sustainable land management program, built trenches and established a nursery bed at Kiyora to rehabilitate and conserve soil fertility so as to mitigate the effects of soil erosion on the steep slopes of the region (FY 2017/18). These initiatives were geared towards benefiting the Batwa of Mukungu and Rushaga in Rwabataha valley communities who are disproportionately affected by climate change, among other things. Within this context, Government distributed over 18,000 Calliandra seedlings which prevent soil erosion and improve soil fertility for Batwa and non-Batwa farmers in the Kirundo sub-county of Kisoro district. Batwa farmers are trained on how to care for these plants and ensure water conservation during farming activities.
66.Article 30 of the Constitution provides for the right to education. The education curriculum of Uganda covers health and hygiene, the home, the community, and others. Children are taught using illustrations based on things they see within their communities. In addition, under the new education curriculum at primary education level, children are taught in their respective local languages using locally made instructional materials were necessary (EOC Desk Review on Ethnic Minorities, 2014). Despite this, Batwa children lack basic necessities like food, shelter and clothing which disincentives parents from taking them to school; they face marginalization within schools by other pupils, reducing their self‑confidence and are vulnerable to harmful cultural practices such as early marriage, which leads to drop outs for the girl child.
67.To remedy some of these issues, the Bwindi Mgahinga Conservation Trust (BMCT), established by the Uganda Trustee Incorporation Act in 1994, is implementing the Batwa Sponsorship Program. The Sponsorship program is aimed at enhancing Batwa people’s access to education by providing scholarships to children in the community, as well as school uniforms, scholastic materials and other educational needs (see Annex 2 for more information). The Scholarship Scheme has improved enrolment of Batwa children in upper classes from 34.4% in 2016 to 44% in 2017 (BMCT Annual Report, 2017/18).
68.Although the Scheme still faces challenges such as lack of teachers’ motivation to implement the scheme and limited parental enthusiasm for or awareness of its benefits, there are signs that it is improving Batwa children’s social self-esteem. For instance, some students on the scheme have been appointed as prefects due to their good performance within their respective schools. The Ministry of Education and Sports ensures that schools in the Batwa, Ik and Kaabong communities are within walking distances of the communities, and thus far is translating educational documents into Runyakitara to bridge language gaps in learning for some of these communities.
69.Uganda is implementing Alternative Basic Education programs such as the Complementary Opportunity for Primary Education program, Alternative Basic Education for Karamoja (ABEK), Basic Education for Urban Poverty Areas, Child-Centered Alternative Non-formal Community Based Education; and Elementary Literacy and Special Education that target children in hard-to-reach communities. Through the Non-formal Training Programme, Government is increasing access to education for learners that otherwise would not qualify for formal Business Technical Vocational Education and Training (BTVET). In 2014/15, government disbursed capitation grants amounting to Uganda shillings 2.5 billion for training and Assessment of the beneficiary trainees under the programme. In 2013/14, 27,749 children (Boys 13, 659; Girls 14,090) were supported in 289 Non Formal Education Centres, the majority of whom were from the Alternative Basic Education Programme in Karamoja sub-region. Government also trained 1500 instructors in 6 Primary teachers colleges on non-formal education methodologies, to improve teaching and learning.
70.MGLSD, under the Uganda Management of Social Risk and Gender Based Violence Prevention and Response Project: The 5-Year Indigenous Minority Peoples Plan (IMPP) is combatting cultural myths and harmful stereotypes that put Batwa women and girls in danger. For instance, the non Batwa (Bafumbira and Bakiga) believe that the Batwa females are a source of “healing” for HIV/AIDS and backache, a commonly accepted myth that leads to the rape, defilement and early marriage of Batwa women and girls. To combat this, MGLSD is advocating for behaviour change through the sensitisation of these non-Batwa communities.
Allegations of human rights abuse by UPDF, LRA
Information relating to paragraph 15
71.The Uganda forces were withdrawn from the Democratic Republic of the Congo and further presence of the forces there.
Rape and Violence against groups in Gulu and Kitgum
Information relating to paragraph 16
72.Although the Lord’s Resistance Army is not present in Gulu and Kitgum anymore, Government is implementing the Second Peace, Recovery and Development Plan (PRDP) and the Third Northern Uganda Social Action Fund (NUSAF, 2015–2020) to resettle and economically empower those displaced by the conflict, including affected tribal groups. NUSAF aims to support and build the resilience of poor and vulnerable households by engaging women in goat and cattle rearing, metal work and fabrication, carpentry and poultry. The Third PRDP aims to consolidate peace, develop the economy and reduce the vulnerability of displaced groups. PRDP and NUSAF also have alternative dispute resolution (ADR) mechanisms in place to address land disputes and ethnic conflict that often leave tribal groups landless.
73.In addition, Government works with CSOs to develop local district action plans that implement the UN Security Council Resolutions 1325, 1820 and the Goma Declaration as stated in the National Action Plan on Women (NAPW). The NAPW, developed in 2008 and revised in 2011, prioritises the protection of tribal groups, particularly women and children, from rape and other forms of violence. The Transitional Justice Policy provides for legal aid, livelihood support, medical assistance, security and shelter for SGBV survivors through shelters.
Achievements of the Uganda Human Rights Commission in the implementation of the Convention
Information relating to paragraph 17
74.The Uganda Human Rights Commission (UHRC), established by Article 51 of the 1995 Constitution, plays a central role in the monitoring of human rights implementation by the Government of Uganda. The Commission was, for the fourth consecutive year, accredited with “A” status by the Global Alliance of National Human Rights Institutions (GANHRI) for its compliance with the Paris Principles.
75.The UHRC monitors the implementation and enhancement of human rights by receiving and investigating complaints of human rights violations; visiting and monitoring the conditions of places of detention and makes recommendations for their betterment; issuing recommendations to Parliament about ways to ensure compensation to victims for violations of human rights; engaging in public awareness campaigns to ensure that individuals are made aware of their human rights and the services of the Commission and other avenues of redress; and tracking the Government’s progress in the implementation of the UN Conventions and other international human rights instruments.
76.The UHRC compiles annual reports on the situation of human rights in the country, which are then used by MDAs and stakeholders to guide their budgetary, legislative, policy and planning processes. At Parliament, the Legal and Parliamentary Affairs Committee of Parliament and more recently the Human Rights Committee promote accountability for alleged human rights violations by summoning Government officials to explain the ways in which the UHRC reports are being implemented. Together with UN partners, the UHRC launched a database to monitor MDA’s implementation of human rights recommendations from regional and international human rights mechanisms, in order to enhance the participation of civil society, individuals, ethnic minority groups and other vulnerable populations in Government policies, programmes and plans related to the elimination of all forms of racial discrimination.
Situation of women regarding HIV/AIDS
Information relating to paragraph 18
77.Despite huge strides in eliminating HIV/AIDS, women and girls in Uganda still face disproportionate risk to HIV infection due to biological, social, cultural and economic factors. In 2017, the HIV prevalence in persons aged 15 to 64 was 6.2%, or approximately 1.2 million people; 7.6% among women and 4.7% among men (Uganda Population Based HIV Impact Assessment, 2016–2017). Ugandan girls and young women aged 15–24 had an HIV prevalence four times higher than that of the young men in the same age bracket. Women living in urban areas had a higher prevalence (9.8%) than those in rural areas (6.7%), with women in the South West, Mid North and Kampala experiencing the highest prevalence (UPHIA 2016–2017).
78.As men are the main channel for new infections in young women, His Excellency, the President of the Republic of Uganda, launched the Fast Track Initiative (2017) to garner male engagement in HIV testing, treatment and control as a key strategy in the fight against HIV/AIDS. Challenges in the achievement of the Initiative include insufficient means of transport to remote areas where vulnerable and marginalised populations reside and the use of traditional healers and pastors in indigenous communities which hiders adherence to HIV treatment. Government is addressing these challenges through media campaign and civil society support. In addition, government has established Village Health Teams to mobilise sensitise and support the communities to uptake health services.
79.In addition, Government developed the Guidelines for Male Engagement in Sexual and Reproductive Health (SHR) to enhance male participation in reproductive health activities and encourage greater awareness of good sexual and reproductive health practices, especially in rural areas.
80.To address these challenges, Government enacted the HIV/AIDS Prevention and Control Act in 2015 for the prevention, control and testing of persons and to protect women and men living with HIV from discrimination on the basis of their HIV status. In addition, Government developed the Guidelines for HIV and AIDS prevention, Care and Support for Workers, the HIV/AIDS Multi-Sectoral Resource Mobilization Strategy (2015/16-20).
81.MGLSD has also engaged cultural institutions in dialogue to design culture-sensitive pronouncements on epidemics like HIV/AIDS and to conduct research on the behavioural changes that need to happen in order to successfully fight HIV/AIDS. Through MGLSD, Government developed a National Score Card to monitor gender and HIV/AIDS programming and enhance the institutional response to the prevalence of HIV/AIDS in women across multiple sectors.
82.To increase awareness of HIV prevention, control and care, Government through the National AIDS Documentation and Information Centre established an online National HIV Knowledge Management Portal. The Portal serves as a one-stop centre for all HIV information, including a database of stakeholders and their activities at various levels, local and national.
83.To further give effect to Vision 2040, Government is implementing various strategic plans that address the intersecting health needs of Ugandan women in all districts, including hard-to-reach areas. Of these, the Health Sector Development Plan (HSDP 2015/16–2019/20), the National Health Policy (NHPII 2010) and the National HIV/AIDS Strategic Plan (2015–2020) are the key guiding policies on healthcare provision for women.
84.Government has also enhanced and prioritised the protection of women’s rights in economic development planning for resilient infrastructure, sustainable industrialisation and inclusive innovation under Goals 9 and 11 of the 2030 Agenda. Government efforts in this area are aimed towards addressing commercial sex trafficking in large capital projects that result in higher incidences of SGBV, prostitution, the spread of HIV/AIDS and higher levels of defilement. To boost regulation, MGLSD is aligning the National Action Plan on Women with national and international guiding instruments such as the Second National Development Plan, the National Strategy for Gender Mainstreaming in Oil and Gas Sector (2016), the National Strategic Plan for HIV, the ILO Code of Practice on HIV/AIDS and the World of Work, among others.
Ratification of Convention provisions
Information relating to paragraph 19
85.Governmentis engaged in consultations to conclude on this provision.
Information relating to paragraph 20
86.Government is engaged in high level discussions to conclude on the position of amendments to article 8, paragraph 6 of the Convention adopted on 15 January 1992 as highlighted in the paragraph 20 above.
Durban Declaration
Information relating to paragraph 21
87.The Government is at advanced stages to conclude this development.
Dissemination of State Party Reports and other concerns
Information relating to paragraph 22
88.The Government disseminated the Committee’s Concluding Observations and Uganda’s Periodic Reports to all Ministries, Departments and Agencies in the official language. The Uganda Human Rights Commission and CSOs have been instrumental in ensuring the wide dissemination of these reports to communities around the country, and they have formed the basis of initiatives and discourse on the fight against racial discrimination in Uganda. To further ease accessibility, the Committee’s Concluding Observations have been incorporated in the UHRC database, which monitors MDAs’ implementation of human rights recommendations from regional and international human rights mechanisms (http://www.uhrcdatabase.ug/).
89.International Conventions, Constitution, various laws and policies have been translated into local languages to ensure better comprehension, publicity and implementation.
Information relating to paragraph 23
90.This Periodic Report was developed after extensive consultation with national and regional stakeholders in MDAs, civil society, religious and cultural leaders, members of academia and other stakeholders. Specifically, Government held national and sub-national consultative meetings that brought together both State and Non-State actors to discuss the implementation of the Convention in the Ugandan context. The Inter Ministerial Committee on Human Rights (IMC) duly considered and validated the draft Periodic Report in a session that was chaired by the Ministry of Foreign Affairs (MOFA). A team of technical officers from various MDAs, academia and CSOs further reviewed the report. This finalized periodic report thus adheres to the reporting guidelines stipulated by the Committee and under the UN Harmonised Guidelines.