Posted: 16 January, 2025 | Author: AfricLaw | Filed under: Lesego Sekhu, Namatirayi Ngwasha | Tags: conflict-related sexual violence, gender-based violence, human rights violations, humanitarian crises, intimate partner violence, IPV, militia, Palestine, peacebuilding efforts, post-conflict IPV, rebels, sexual violence, soldiers, South Sudan, Sudan, the Central African Republic, the Democratic Republic of the Congo, Transitional Justice, Uganda, Ukraine |
Author: Lesego Sekhu
Research Assistant, Centre for the Study of Violence and Reconciliation
Given the severity of conflict-related sexual violence during intra-state and inter-state conflicts in the last decade, transitional justice and peacebuilding efforts have directed resources to investigating this form of sexual and gender-based violence. They aim to create measures to both prevent and address the consequences of these atrocities. Notwithstanding the intention, the conventional understanding of conflict-related sexual violence is flawed and neglects the continuities and diversity of violence that permits continued impunity for sexual and gender-based violence during conflict.
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Posted: 25 September, 2024 | Author: AfricLaw | Filed under: Michael Aboneka | Tags: 70 girls, abduction, Amnesty Amendment Act, crimes against humanity, hunt for Kony, internally displaced persons camps, Joseph Kony, Lord’s Resistance Army (LRA), LRA, Lwala Girls School, murder, rape, Rome Statute, Rome Statute of the International Criminal Court, sexual enslavement, Uganda, Ugandan leader, war crimes, witness protection law |
Author: Michael Aboneka
LLM Candidate, Centre for Human Rights
Joseph Kony is a Ugandan leader of the Lord’s Resistance Army (LRA). The LRA started its operations from Northern Uganda extending to some parts of Sudan, the Democratic Republic of Congo and the Central African Republic. He claims to be fighting to liberate the Acholi and Ugandans from oppression and captivity.
He has both individual and command responsibility under articles 25 and 28 of the Rome Statute of the International Criminal Court (Rome Statute). Kony founded the LRA as its supreme leader and commander with effective control over it. He ordered his commanders to attack Lwala Girls School and abducted 70 girls in 2003, and attacked Pajule, Abok, Lukodi internally displaced persons camps among others. He was indicted with 21 counts of war crimes including murder, inducing rapes among others and 12 counts of crimes against humanity including acts of inflicting serious bodily injury and suffering, rape, sexual enslavement, abduction and enlisting over 30,000 children.
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Posted: 2 September, 2024 | Author: AfricLaw | Filed under: Kansiime Mukama Taremwa | Tags: #MeToo, #UgandaParliamentaryExhibition, Access to Information, Access to Information Act, Arab Spring, costs of access to information, dictatorship, digital technologies, human rights law instruments, informed decision-making, internet, political development, political issues, social media, Social media activism, socio-economic development, street protests, traditional media, transparency, Uganda, youthful demonstrators |
Author: Kansiime Mukama Taremwa
LLM Candidate, Centre for Human Rights, University of Pretoria
From late February into March 2024, a hashtag ran on X (formerly Twitter) under the designation #UgandaParliamentaryExhibition. According to the protagonists behind this hashtag, the purpose of this move was to cast light on the outrageous spending within Uganda’s parliament.
The internet is considered to be the most disruptive piece of technology that enables the receipt and dissemination of information. Uganda is home to 2.6 million social media users. Few people can doubt the power of the internet in general and social media specifically, in stimulating democratic culture. Even some of the critics of digitisation accept that digital technologies lower the costs of access to information. The use of social media to organise and mobilise persons for action came to the fore in the early 2010s in what was known as the Arab Spring; a series of protests that led to the ousting of dictatorial governments in Tunisia, Egypt, and Libya. It was known for the youthful demonstrators that staged street protests and used social media to coordinate, raise awareness of the political issues, and record the events on the ground. The results of the Arab Spring are that dictatorships that had managed to stifle access to information and free flow of ideas for many years were toppled in part, due to the mobilisational capacities of social media.
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Posted: 5 July, 2024 | Author: AfricLaw | Filed under: Contributors, Stella Nyanzi | Tags: Access to Information, Anti-Homosexuality Act (2023), Anti-Pornography Act, Computer Misuse (Amendment) Act, detained without trial, digital rights, Excise Duty (Amendment) Act, free expression, freedom of expression, General Comment 34, human rights, International Covenant on Civil and Political Rights (ICCPR), internet democracy without disruptions, Model Law on Access to Information, Musiri David, President Yoweri Museveni, public information, public media, restrictive laws, social media, Social Media Tax Law, state repression, Uganda, Uganda Human Rights Commission, Universal Declaration of Human Rights |
Author: Stella Nyanzi
Writers-in-Exile program, PEN Zentrum Deutschland
Fellow, Center for Ethical Writing, Bard College/ PEN America.
Summary
In Uganda, there is an incongruence between the legal regime governing access to information and freedom of expression on one hand, and a barrage of restrictive laws on the other. Although a decade has passed since the African Commission on Human and People’s Rights adopted the Model Law on Access to Information for Africa, growing state repression in Uganda generated laws aimed at silencing, denying access to information, criminalising and penalising government dissidents, deviants or minorities whose behaviours departed from societal norms, and destabilisers suspected of subverting the entrenchment of President Yoweri Museveni’s 37-year-old regime. I triangulate autoethnography with public media content analysis and law review to explore this incongruence within the right of access to information and free expression in Uganda.
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Posted: 11 April, 2024 | Author: AfricLaw | Filed under: Nimrod Muhumuza | Tags: constitutional principles, democracy, equality, homosexuality, human dignity, LGBTQ community, LGBTQ persons, mental health, right to health, right to housing, sexual orientation, social justice, Uganda, Uganda Constitutional Court |
Author: Nimrod Muhumuza
Doctoral researcher
Introduction
Stories about “trials by ordeal” abound in Africa and worldwide. In some parts of the continent, these “trials” still exist – with predictably unjust and sometimes fatal results. Trials by ordeal are capricious and unscientific, and the overall system is poor in evaluating evidence, reasoning, and arguments and arriving at a solid judgment. Today, we have a system of courts that is supposed to bring a certain sobriety, meticulousness, reasoning, and coherent judicial philosophy that rises above the occasional hot-headedness of the legislature or the overzealousness of the executive. Regularly, the system works as it should. Other times, it does not. Careful and solid judicial reasoning can still lead to a regressive and disputed decision, and a progressive ruling may come from poor and shaky rationale. Sometimes, a regressive decision may be founded on porous, incoherent, contradictory reasoning, as illustrated by the Uganda Constitutional Court’s (Con-Court) decision on the constitutionality of the Anti-Homosexuality Act, 2023 (AHA), delivered on 3 April 2024.
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Posted: 11 April, 2023 | Author: AfricLaw | Filed under: Nimrod Muhumuza | Tags: anti-homosexuality law, colonial rule, Constituent Assembly, culture, For God and My Country, homophobia, Kulwa Katonda n’Eggwanga Lyaffe, National Symbols Committee, religion, religious ideologues, religious preferences, revenge killings, sexual minorities, state religion, Uganda |
Author: Nimrod Muhumuza
Doctoral researcher
Politicians and religious ideologues often deploy the mantra “Uganda is a god-fearing country” and cite the motto “For God and my Country” to tip the scales on controversial or polarasing issues as if it is a substitute for reasoned, principled debate. They would have us believe that religion regulates and should dictate our conduct, going as far as suggesting that our laws should be informed or at least inspired by scripture. Contemporary religion and its ideals has been a mainstay of Ugandan politics and society, manifested in the religious wars of the 1880s, Christian-inspired colonial rule, President Idi Amin’s Sharia-inspired decrees to the raft of morality laws that have been proposed or enacted recently.
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Posted: 3 August, 2021 | Author: AfricLaw | Filed under: Boubakar A. Mahamadou | Tags: armed conflict, arms, arms dealers, Burundi, Central African Republic, Chad, conflict, Democratic Republic of Congo (DRC), development, economic crimes, economic interests, governance, legal framework, legal measures, mineral resources, natural resources, Rwanda, troops, Uganda, war, War economy, warlords, Zimbabwe |
Author: Boubakar A. Mahamadou
Graduate, Swiss Umef University
Africa is undoubtedly a continent rich in natural resources thanks to its subsoil which abounds in 30% of the world’s mineral resources. However, these resources have not allowed the long-awaited development of the continent to be achieved. These resources have also become the main sources of conflict on the continent. Indeed, the presence of significant natural resources on the territory of a State increases the risk of armed conflict. They can motivate secessionist demands, finance rebellions or even stir up violence. According to the United Nations Environment Program (UNEP), natural resources are associated with 40% of internal conflicts around the world. It is in this sense that in Africa, we have been witnessing for some time now, the development of an economy of armed conflict.
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Posted: 2 July, 2021 | Author: AfricLaw | Filed under: Elizabeth Kemigisha | Tags: consent, gender-based violence, girls, justice, sex, sexual activity, Sexual and Gender-Based Violence (SGBV), sexual assault, sexual crimes, sexual offences, Sexual Offences Act, Sexual Offences Bill, sexual violence, sgbv, toxic, Uganda, victim blaming, victims, women, women's human rights, women's rights |
Author: Elizabeth Kemigisha
FIDA Uganda
On 3 May 2021, Uganda’s Parliament passed the Sexual Offences Act, 2021. This Act – which has been 21 years in the making – can be applauded for increasing protection and redress to survivors of sex-related crimes. The majority of MPs supported the Bill and its core purpose of combating sexual violence and consolidating laws of sexual offences, providing for punishment of perpetrators of sexual offenses, providing for procedural and evidential requirements during trial of sexual offences and other related matters. Many of the MPs agreed that if passed the Bill would fill the gaps that exist in the current laws making the legal framework more adequate and aligned with the international human rights standards that Uganda ascribes to. However, the final version of the Bill which was passed falls short of these international standards for the protection of human rights – and the rights of women in particular – on various fronts, including in its limited definition of rape, its failure to recognise marital rape and the criminalisation of false sexual accusations.
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Posted: 4 May, 2020 | Author: AfricLaw | Filed under: Nelly Warega, Tomiwa Ilori | Tags: Access to Information, access to information online, Africa, civil society organisations, coronavirus, COVID-19, CSOs, digital platforms, digital skills, domestic violence, health services, inequalities, International Covenant on Civil and Political Rights, internet access, Kenya, Lagos State Government Health Service Commission, lockdown, mainstream media, maternal health, maternal mortality, Mozambique, Nigeria, pandemic, PPE, PPEs, smart phones, South Africa, Uganda, women's rights |
Authors: Nelly Warega* and Tomiwa Ilori**
*Legal Advisor, Women’s Link Worldwide
**Doctoral researcher, Centre for Human Rights, University of Pretoria
On 17 April 2020, a Twitter user tweeted about a hospital in Lagos that demanded personal protective equipment (PPE) from a woman seeking to give birth at the facility. The incident, according to the user happened at the General Hospital, Ikorodu, under the Lagos State Government Health Service Commission. The PPEs have become important for health workers given the surge in transmission COVID-19 across the world. However, despite the rising demand and scarcity of PPEs, a conversation on the propriety of placing the burden of procurement of PPEs on expectant mothers is vital.
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Posted: 4 October, 2019 | Author: AfricLaw | Filed under: Juliet Nyamao | Tags: Agenda for Sustainable Development, climate change, climate changes, East Africa, Ethiopia, flee, fleeing war, forced displacement, Global Compact on Refugees, human rights violations, humanitarian funding, Kenya, migration, New York Declaration for Refugees and Migrants, refugee camps, refugee self-reliance, refugees, SDG, sub-Saharan Africa, sustainable development, Uganda, UN, United Nations, war |
Author: Juliet Nyamao
Human Rights Attorney, Kenyan Bar
In recent years, the world has witnessed an explosive increase in the number of refugees and internally displaced persons. The upsurge in forced displacement has increased the demand for humanitarian assistance and strained the limited resources of host nations, majority of which are developing economies. The resulting economic strain compelled the international community to develop sustainable mechanisms for protecting refugees and displaced persons in alignment with the 2030 Agenda for Sustainable Development. Read the rest of this entry »
Repressive Laws Silencing Dissidents, Deviants and Destabilisers in Uganda
Posted: 5 July, 2024 | Author: AfricLaw | Filed under: Contributors, Stella Nyanzi | Tags: Access to Information, Anti-Homosexuality Act (2023), Anti-Pornography Act, Computer Misuse (Amendment) Act, detained without trial, digital rights, Excise Duty (Amendment) Act, free expression, freedom of expression, General Comment 34, human rights, International Covenant on Civil and Political Rights (ICCPR), internet democracy without disruptions, Model Law on Access to Information, Musiri David, President Yoweri Museveni, public information, public media, restrictive laws, social media, Social Media Tax Law, state repression, Uganda, Uganda Human Rights Commission, Universal Declaration of Human Rights | 1 CommentWriters-in-Exile program, PEN Zentrum Deutschland
Fellow, Center for Ethical Writing, Bard College/ PEN America.
Summary
In Uganda, there is an incongruence between the legal regime governing access to information and freedom of expression on one hand, and a barrage of restrictive laws on the other. Although a decade has passed since the African Commission on Human and People’s Rights adopted the Model Law on Access to Information for Africa, growing state repression in Uganda generated laws aimed at silencing, denying access to information, criminalising and penalising government dissidents, deviants or minorities whose behaviours departed from societal norms, and destabilisers suspected of subverting the entrenchment of President Yoweri Museveni’s 37-year-old regime. I triangulate autoethnography with public media content analysis and law review to explore this incongruence within the right of access to information and free expression in Uganda.
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