PARLIAMENT OF UGANDA

REPORT OF THE SELECT COMMITTEE ON INQUIRY INTO ALLEGATIONS OF SEXUAL VIOLENCE IN INSTITUTIONS OF LEARITING IN UGANDA

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OFFICE OF THE CLERK TO PARLIAMENT FEBRUARY,2019 TABLE OF CONTENTS

ACROITYMS,,.. lll

EXECUTIVE SUMMARY ...... lV

1 INTRODUCTIOII...... _.1 2 B4CKGROUIrID...... o

6

4 METHODOLOGY...... 6

4.1 Public Hearings 6

4.2 Field Visits ...... 7

4.3 Document Review

5 CHALLENGES FACED BY THE COMMITTEE DURING THE INQUIRY 9

6 FINDINGS, OBSERVATIONS AND RTCOMMENDATIONS 10

6.1 TOR 1r CAUSES AIID EXTENT OF SEXUAL VIOLENCE IIt INSTITUTIONS OF LEARITING AND ITS NEGATTVE EFFECTS OF SEXUAL VIOLENCE ON THE POPULATION 10

6.1.1 Extent of Sexual Violence in Institutions of Learning...... ,...... 10

6.7.2 Causes of Sexual Violence in Institutions of Learning...... 19

6.1.3 Adverse Effects of Sexual Violence on the Population 45

6.2 TOR 2: REVIEW OF LAWS AGAIIIST SEXUAL VIOLENCE IN UGANDA ...... 51

6.2.7 International Instruments 51

6.2.2 Regional Instruments.... 52 6.2.3 National Legislation ...... 54 6.2.4 Gaps and Weaknesses in the Legal Framework ...... 58

6.3 TOR 3: POLICIES AVAILABLE FOR THE MANAGEMEIYT AND CONTROL OF SEXUAL VIOLEITCE IN UGANDA... 66

6.3. 1 National Policies.. - 66 I 6.3.2 Education Sector Policies...... 66

6.3.3 Gaps in the Policy Framework...... 68

6.4 TOR 4: MEASURES TO ADDRESS SEXUAL VIOLEITCE WHEN IT OCCURS...72 6.4.1 Legal Measures ...... 72

6.4.2 Policy Measures...... 73 6.4.3 Institutional Measures...... 6.5 TOR 5: MEASURES FOR CREATIITG AWARTI{ESS OIt SEXIJAL VIOLENCE III IIYSTITUTIONS OF LEARNING 82 6.5.1 PolicyMeasures...... -...... 82

6.5.2 Institutional Measures in Schools ...... _ _.83 6.5.3 Measures in Universities and Tertiary Institutions ...... 85

6.6 TOR 5: PROCEDURES OF RECETVING, INVESTIGATING AND RESOLVING COMPLAINTS OF SEXUAL VIOLENCE IN INSTITUTIONS OF LE4RNIITG...... 88

6.6. 1 Administrative Procedures in Universities and Tertiary Institutions 88

6.6.2 Administrative Procedures in Schools and Colleges 94 6.6.3 Criminal Processes and Procedures -.----.-....99 6.7 TOR. 7: SUPPORT SERVICES ACCORDED TO VICTIMS OF SEXUAL VIoLENCE...... 111

6.7.7 National Policy Imperatives ...... 111

6.7 .2 Support Services Accorded to Victims...... 1 12 7 CONCLUSIO ...... _...... 127

A ANITEXES ...... _ _ _.... 123

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l1 ACRONYMS BOG: Board of Governors

DEO: District Education Officer

EC: Emergency Contraceptives

FAWEU: Forum for African Women Educationa-lists Uganda

JLOS: Justice, Law and Order Sector

MGLSD: Ministry of Gender, Labour and Social Development

MoES: Ministry of Education and Sports

MoH: Ministry of Health

MoJCA: Ministry of Justice and Constitutional Affairs

MoLG: Ministry of Local Government

MUK: Makerere University

MUST: Mbarara University of Science and Technologr

NCHE: National Council for Higher Education

ODPP: Office of the Directorate of Public Prosecutions

PEP: Post-Exposure Prophylaxis

PF3: Police Form 3

SMC: School Management Committee

SMT: Senior Man Teacher

SWT: Senior Woman Teacher

Or EXECUTTVE SUMMARY

The Parliamentary Select Committee on Inquiry into Allegations of Sexual Violence conducted an inquiry into the problem of sexual violence in institutions of learning in Uganda. The inquiry arose from a motion presented to Parliament by Hon. Anna Adeke Ebaju, (National Female Youth Representative) which was instigated by the numerous and repeated media reports of gross acts of sexual violence in institutions of learning at all levels

The Committee's terms of reference were to: study the causes and extent of the vice of Sexual Violence in Institutions of learning in the country and its negative effects on the population; study and review laws against sexual violence in Ugalda; study policies available for the management and control of sexual violence in Uganda; study the measures that have been put in place to address sexual violence when it occurs; study any measures that have been put in place to create awareness on sexual violence in institutions of learning; study the procedure of receiving, investigating and resolving complaints on reports of sexual violence in institutions of learning; and to study the support services accorded to victims of sexual violence like counselling ald medical services etc.

In the execution of the Inquiry, the Committee employed both qualitative and quantitative approaches to collect and anolyze the information received from various stakeholders. It interfaced with thirty-nine (39) institutions comprising of government ministries, agencies and departments, professional bodies, civil society organisations and three (3) individuals. In addition, the Committee visited a total of thirty-three (33) institutions of learning comprising of eleven (11) primary schools, eleven (11) secondary schools, two (2) primary teachers' colleges and nine (9) Universities where it interfaced with the administration of the institutions, learners and district officials from whom it elicited vital information that formed the basis of the recommendations in this Report. It held a public hearing where twenty-one (21) witnesses appeared and testified and reviewed relevant literature on the subject matter. a L

lv Below is a summary of the key findings, observations and recommendations.

af Ertent of sexual violence In lnstltutlons of learning: The Committee found out that sexua-l violence is widespread in virtually all the institutions of learning visited. However, the actual prevalence of the vice in the country is diflicult to determine as many of the cases are never reported. 3970 percent of the respondents interviewed from primary, secondary and tertiary institutions said that they had personally experienced some form of sexual violence or harrasment or knew of classmates ald peers who had experienced it. The Committee recommends that: i) Ttrc MoES should formalize the collection of data on sental uiolence in institutions of learning. The dato should focus on the extent and the uarious forns of sental uiolence, the driuers and consequences of the uice, and should disaggregate both uictims and perpetrators of uiolence bg age, position and sex. The data should be ualidated, consolidated and published bg the MoES on an annual basis. ii) MoES sLnuld annuallg update Parliament on the scale and magnitude of sexual uiolence in institutions of learning in the country ond the actions taken to mitigate the uice. bf Forms of sexual violence: The Committee established that sexual violence in institutions of learning manifests in various forms including defilement, rape, verbal and non-verbal sexual harrasment. At University and Tertiar5z level, the Committee found out that it is common for lecturers to intentionally fail students or withhold their marks under the guise of "missing marks" to increase the students' vulnerability to yield to their sexual demands. This form of sexua-l exploitation is commonly known as

" sexua-lly transmitted marks" or "sex for marks". cl Perpetuators of sexual violence:The vice is majorly perpetuated by male teachers and lecturers ald male learners against female learners. However, male learners too are vrrlnerable to the vice though most of them do not report due to gender stereotypes that boys or men cannot be abuse O t During the inquiry, the Committee was furnished with some names of notorious perpetuators of sexual violence in institutions of learning. The names have not been published in the report in view of the attendant legal implications. However, the names of the alleged perpetuators will be availed to the relevant government institutions for investigation and prosecution, upon the adoption of the report or on request by Parliament. The Committee has attached brief details of the cases to the report for purposes of aiding Parliament in reaching a decision (Refer to: Annex 8. df Causes of sexual violence:The Committee found out that sexual violence in institutions of learning is caused by a myriad of factors ranging from social, cu1tural, economic, institutional to environmental factors. However, poverty and moral degeneration stood out as the key driving factors for the vice. Other causes are: harmful religious and cultural beliefs and practices, societal acceptance of sexual violence, increasing leveis of drug and substance abuse, exposure to pornography, lack of life skills and sexuality education, culture of silence, misuse of power and authority, lack of professionalism, laxity in law and policy enforcement, inadequate supervision and monitoring, weaknesses in examination management systems and inadequate and unsafe physica-l infrastructure. The recommendations for addressing each of the above factors are detailed in the report. e) Negatlve effects of sexual vlolence on the population: The Committee notes that learners who experience sexual violence find difficulty to concentrate in class, some even loose interest in studying and transfer to new institutions or simply drop-out of school hindering their educational performance and curtailing their future aspirations. In addition, sexual violence is associated with numerous health risks including sexually transmitted diseases, early pregnancies which often result into school dropout and injury or death arising from unsafe abortions. The consequences of sexual violence on fema,le learners are exacerbated by the atr ce otof a clear policy work for retention ald re-entry of pregnancy girls in schools. Girls who become pregnant in schools as a result of sexual violence are expelled as a disciplinar5r measure to deter others from getting pregnant and are not allowed to return to the same school aJter giving birth which deprives them of their right to education. The Committee recommends thdt the Education Act, 2OO8 should be amended to giue effect to tlrc ight of pregnant girls to be retained and reintegrated in education institutions afier giuing birth. In addition, MoES should fast track the formulation and implementation of policg guidelines for the retention and re-integration of pregnant girls in school in ang case not later tlnn December, 2O19. f) Review of laws against sexual violence in Uganda: The Committee notes that there are several laws that provide avenues for the protection of learners against sexual violence and punishment of perpetuators. However, the Committee found glaring gaps in these laws which need to be urgently addressed. These include; the absence of a comprehensive law on sexua-l offences, the lack of comprehensive legal provisions in the education sector and lack of a witness protection 1aw. To address these issues, the Committee recommends that: il Porliament should fast track the passing of tle Sental Offences Bill, 2015 subject to the amendments proposed in this report. iil Gouernment should crnsi.d.er amending the Education Act, 2OO8 to: explicitly prohibit sexual relations betuteen leamers and teachers whether consensual or not, to reinforce eisting prouisions in the Teachers' Professional Code of Code; clossifg serual uiolence as a seious form of professional misconduct; prescibe clear sanctions for perpetuators; tmpose a legal dutg of care on teachers and schools to protect learners against sental uiolence andrespond effectiuelg to reports of abuse; prouide for mondatory reporting of sexual uiolence to police and MoES bg teachers and schools andimpose stiff penalties on sctnols for failure to report or take action agains t perpetuators of sental uiolence. or v1l ) g) Pollcies available for the managem€nt and control of sexual violence ln Uganda: The Committee established that Uganda lacks a comprehensive policy for the prevention and management of sexual violence in institutions of learning. The National Strategic Plan on Violence Against Children in Schools and the Reporting, Tracking, Referra-l and Response (RTRR) Guidelines which are meant to facilitate reporting and tracking of cases of sexual violence in schools are inadequate, and incomplete distribution and lack of training on their content have impeded their impact. The Committee recommends that MIES should in consultation uith the releuant staketLolders formulate a specific and comprehensiue policg for the preuention and management of sental uiolence and harrasment in schools. h) Measures that have been put ln place to address sexual violence when It occurs: The Committee notes that legal, policy and institutional measures exist for addressing sexual violence when it occurs. However, Iack of standardisation of University policies, laxity in implementation and weak disciplinary systems have engendered an environment of impunity effectively subduing victims into perpetual silence. In many cases, disciplinary proceedings against abusive teachers are not concluded because MoES is barred from taking disciplinary action when criminal proceedings against the teacher are still ongoing. Teachers who are allegedly involved in defiling learners are transferred to other schools further escalating the vice to other institutions. Tlrc Committee tterefore recommends that: i) The Education Seruice Act and the attendant subsidiary legislation should be amended for disciplinary proceedings to run porallel to criminol proceedings. This uill permit the MoES to dismiss teachers on the basis of professional misconduct irrespectiue of the stahts or outcome of criminal proceedings. ii) National Council for Higher Education slould fast track the formulation of comprehensiue policA guidelines for uniuersities and tertiary c) v111 institutions to foster coherence in addressing sexual harrasment in these institutions not later than June 2O19. The Council should ensure that the policg gaidelines are adopted and enforced. iil) MoES should take stern action against perpetuators of sexuol uiolence in institutions of learning and should not merelg transfer them to other institutions. Teachers u)ho are found culpable for sexual misconduct should haue their teaching licenses reuoked and their names struck off the register of teachers. if Measures that have been put ln place to create ewareness on sexual vlolence ln institutions of learnlng: The Committee notes that there is a general lack of awareness about sexual violence in the country. Although MoES policies recognize the need to create awa-reness about violence in schools, the Ministry has not done much in terms of implementing these policies. Most of the awareness programs in institutions of learning are implemented by Non-governmental Organisations and are therefore limited to the project areas of these organizations. The Committee further observes that the awareness progrErms in universities and tertiary institutions are implemented on an adhoc basis, are limited in scope and coverage ald therefore have less if any, impact. For example, the orientation program is a one-off event for only new staff and students, arrd it is not compulsory. The Committee recommends that: i) MoES should pioitize the implementation of programs aimed at creating au)areness on sexual uiolence in all schools in its budget for the Fy 20 19/ 2020. ii) Uniuersities and Tertiary institutions should adopt a toide spread and consistent approach of creating awareness on sexual harrasment tuithin and outside the Uniuersity communitg and should allocate a specific budget for the some euery financial gear. The auailabilitg of anaareness programs should form part of the NCHE quality assurance framework for licensing, routine monitoring and audit of lJni s and Tertiarg

institutions . l}( o j) The procedure of receiving, investigatlng and resolving complalnts on reporta of sexual vlolence ln Instltutlons of learnlng: The Committee notes that while administrative mechanisms for receiving, investigating ald resolving complaints exist in institutions of learning, they are too weak to effectively detect and respond to incidents of sexual violence. For example, Senior Women Teachers who are entrusted with reporting cases in schools lack a clear understanding of their roles and are not adequately skilled to deal with cases involving teachers. The Committee recommends that MoES should fast track guidelines for streamlining the position of the Senior Women (SWT)/ Man Teachers (SMT) in the school structure not later than June, 2O79 and should pioritize training of SWT/ SMT to bolster their capacitA to detect, report and respond incidents of sexual uiolence.

The Committee further noted several gaps and deficiencies at the variou s levels of the criminal justice system which inhibit victims from accessing justice. These include: mismanagement of cases by police officers ald state attorneys, challenges in the forensic examination of victims including unavailability of Police Form 3 at police stations, reluctance of medical doctors to examine victims, lack of equipment in health facilities, protracted investigations and court trials, and unfriendly court environments. The recommendations for addressing each of the above issues are detailed in the report. k) Support servlces accorded to victlms of sexual vlolence (like counselling and medlcal services etel: The Committee notes that while government has committed through various policies to provide medica-1, 1egal, psychosocial services ald other types of service to victims of sexual and gender-based violence, the services are limited and inaccessible to victims due to several factors including; limited knowledge of the existing services,absence of medical services in some health facilities, Iack of fo1low up me@&risms, uncoordinated, lengthy and y bureaucratic processes, x inadequate psychosocial services ald absence of legal support services.The Committee stresses need for an integrated support service provision model to improve linkages between service providers, protect victims from secondary victimization and ease access to support services by victims of sexual violence. TLLe Committee recommends that gouemment fast tracks the establishment of Recouery Centers for uictims of sexual uiolence across the cnuntry in a ptnsed manner effectiue the financial gear 2O2O/ 2O21.

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xl 1 INTRODUCTION

On 12th April 2O18, Parliament unanimously agreed to institute a Select Committee to investigate allegations of Sexual Violence in Institutions of Learning in Uganda in line with Ru1e186 of the Rules of Procedure of the Parliament of Uganda.

The decision to institute a Select Committee was preceded by a motion presented by Hon. Anna Adeke Ebaju, (National Female Youth Representative) and seconded by Hon. Veronica Eragu Bichetero (Kaberamaido County) and Hon. Anthony Okello (Kioga County),seeking a resolution of Parliament to inquire into allegations of Sexual Violence in Institutions of l,earning in Uganda. The motion was presented against a backdrop of numerous and repeated media reports of

gross acts of sexual violence in institutions of learning at a-11 levels.

Subsequenfly, on T\resday 14th August, 2018, the Rt. Hon. Speaker, Rebecca A. Kadaga, constituted a Select Committee comprising of the following members to conduct the inquiry:

1. Hon. Robina Gureme Rwakooj o Gomba West County (Chairpersonf 2. Hort. Babirye Sarah Kityo Youth Representative, Central 3. Hon. Onyango Gideon Samia Bugwe North County 4. Hon. Kisa Stephen Luuka South County 5. Hon. Mwine Mpaka Youth Representative, Western Region 6. Hon. Anthony Okello Kioga County 7. Hon. Katusabe Atkins Godfrey Bukonj o West County 8. Hon. Babirye Mary Kabanda Woman Rep. Masaka District 9. Hon. Anyuvarach Joshua Carter Padyere County O I

The Committee conducted the inquiry and hereby reports.

L 2 BACKGROUND

The World Health Organisation (WHO), defines sexual violence as: "any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traIlic, or otherwise directed, against a person's sexuality using coercion, by aly person regardless of their relationship to the victim, in any setting, including but not limited to home and work"r.

Sexual violence encompasses a wide range of offences including:-completed non- consensual sex acts (i.e. rape), attempted non-consensual sex acts, abu sive sexual contact (i.e. unwanted touching), and non-contact sexual abuse (e.g. threatened sexual violence, exhibitionism, verbal sexual harassment). This also includes; the inducement or coercion of a child to engage in any unlawful or psychologically harmful sexual activity, the exploitative use of children in prostitution or other unlawful sexual practices, and the exploitative use of children in pornographic performances ald materials, and the provision of gifts especially from men to giris or from women to boys in return for sex2.

Uganda is a signatory to various international and regional legal and policy instruments, that promote the advancement and protection of the rights of learners against sexual violence. Notable amongst these is the United Nations Convention on the Rights of the Child which obliges government to take the appropriate legislative, administrative, social and educational measures to protect a child from all forms of violence including sexual violence and, to ensure that children grow up, learn and complete the education cycle and develop in a violent free environment3.

Further still, Uganda has adopted the United Nations Sustainable Development Goals (SDGs), which inter alia stress the need for access to education for sustainable development. Goal 4 specifically requires countries to provide lJewkes R, Garcia-Moren C, Sen P. Sexua-l violence. In: World report on violence and health. Geneva, World Health Organization, 2002: 149-18 1 2 Report on CEDAW Mid-term Review of the Government of Uganda, 2012 cited in the National Strategic Plan on Violence Against Children in Schools l2Ol5-2O2O) 3 Article 19, United Nations Convention on the Rights ofa Child

D inclusive and equitable quality education and lifelong learning opportunities for all. This includes providing safe, non-violent, inclusive and effective learning environments for all. Goal 5 obliges countries to achieve gender equality and empower all women alrd girls. This includes eliminating all forms of violence against all women and girls in the public and private spheres, including traflicking and sexual and other types of exploitation. The SDGs have defined new tar:gets and indicators that have to be achieved by 2030.

At national level, the Constitution of the Republic of Uganda, 1995 recognizes the right to education for all persons4 as a fundamental human right and impresses upon the state a duty to ensure access to education for all Ugandanss including taking appropriate measures to afford every citizen equal opportunity to attain the highest educational standard possibleo.The Constitution further protects children from social and economic exploitation, which includes commercial sexua-l exploitationT and obliges every citizen to protect children and vulnerable persons from any form of abuse, harassment or ill-treatments.

Sexual violence is a pervasive global phenomenon that transcends nationality, ethnicity, and socioeconomic status. Globa1 estimates indicate that 150 million girls and 73 million boys have experienced sexua-l violencee. Nearly half of all sexual assaults are committed against girls younger than sixteen yearsro. Data conducted in different parts of the world suggested that, between 7Yo arrd 360/o of girls and between 3% and 29Vo of boys have suffered from child sexual abuse. The majority of studies concluded that, sexual violence against girls is 1.5-3 es more widespread than that against boys. Of the reported cases of child

aArticle 3O of t}re Constitution of the Republic of Uganda, 1995 sObjective XIV of the Nationa-l Objectives and Directive Principals of State Policy 6objective XVIIIof the National Objectives and Directive Principals of State Policy TArticle 34 'Article 171c1 e World Health Organisation (20O2) World Report on Violence and Hea.lth. Geneva, WHO 10 World Health Organisation (20O5)WHO Multi-country Study on Women's Health and Domestic Violence against women: Initial Results on Prevalence, th Outcomes, and Women's Responses. Ceneva WHq Q'

tr=i",=- sexual abuse, only 10- 1570 involve boys, a linding which highlights the discrepancy between reporting and occurrence of sexual violence in boys.ll

There isevery indication that sexual violence has been and is still happeningin learning institutions in Uganda. Comparative statistics from Southern and Eastern Africa, indicate that sexual harrasment among pupils in Uganda was 4loh in 2001 and increased to 58% in 2OO7. Sexual harassment of pupils by teachers in Uganda more than doubled within seven years which was not the case for Kenya and Tanzania. r2A research by the Ministry of Education and Sports further indicates that sexual violence in schools especially amongst girls is wide spread13. The study found out that 77.7o/o of the primary school children and B2o/o of secondary school students experienced sexual abuse while at school; 8% of those were subjected to defilement, 24o/o were spoken to in a sexual way, 18% received marriage proposals and 25Yo are fondled/ touched in a sexual manner w}:ile 29o/o are made to watch sexual scenes (pornography).

Further still, the Uganda Demographic Health Survey (UDHS) 20 16, indicated that, the number of students in primary schools that experienced sexual violence was 2,101 male vs 5,325 female whereas in secondary schools the number of students was 1,027 male vs 2,241 females and in institutions beyond secondary schools was 475 male vs 726 fema]es. This demonstrates that sexual violence is rampant in institutions of learning which calls for immediate government intervention.la

Statistical data on the prevalence of sexual violence in Universities and tertiary institutions in Uganda is limited. However, the few studies that have been undertaken in specific universitieslsand media reports indicate shocking

1r Ibid tz National Strategic Plan on VACis (MoES, 2015-2020) 13 "Assessing Child Protection, Safety &Security Issues for Children in Uganda Primary and Secondar5z Schools (November 20 13)" raUganda Demographic Health Survey 2016, (Page 5a) rsFor example, the Report of inve tion of Sexua-l Harasment at Makerere University, August 2018 o4 revelations of gross acts of sexual harrasment in these institutionsl6. Increasingly there have been reports of students subjected to sexual harrasment in exchange for grades an issue which has affected the quality of higher education and the credibility of higher education institutions in the country.

Sexual violence against learners impairs the right to education by fostering a hostile learning environment. Its consequences are dire as it leads to teenage pregnancies, sexually transmitted diseases and ultimately school dropouts;conditions which distract learners from focusing on their education and reducetheir chances of pursuing higher education and attainment of full potentiaL

Sexual violence has become a matter of grave national concern which has prompted government to mate several interventions to address the vice including establishing enabling laws and policies. Notable amongst the policies is the Nationa-l Strategic Plan on Violence Against Children in Schools, 2OI5-2O2O whose overall objective is to ensure that measures are put in place to prevent, protect ald respond to violence against children in schools. In addition, the Ministry of Education and Sports formulated Guidelines for Reporting, Tracking, Referral and Response to Violence Against Children in Schools (RTRR Guidelines) to aid schools in dealing with cases of violence against children, sexual violence inclusive.

Despite these interventions,sexual violence in learning institutions right from primary schools to universities and tertiary institutions continues to thrive and is gradually becoming a nationa,l crisis. It is against this background that Parliament of Uganda instituted a Select Committee to inquire into allegations of sexual violence in institutions of learning to propose lasting solutions to the problem.

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5 3 TERMSOFREFERENCE

The Committee was given the following Terms of Reference;

1. To study the causes and extent of the vice of Sexual Violence in Institutions of learning in the country and its negative effects on the population; 2. To study and review laws against sexual violence in Uganda; 3. To study policies available for the management and controi of sexual violence in Uganda; 4. To study the measures that have been put in place to address sexual violence when it occurs; 5. To study any measures that have been put in place to create awareness on sexual violence in institutions of learning; 6. To study the procedure of receiving, investigating and resolving complaints on reports of sexual violence in institutions of learning; 7. To study the support services accorded to victims of sexual violence like counselling and medical services etc.

4 METHODOLOGY

The Committee used both qualitative and quantitative approaches to collect and alalyze the information received from various stakeholders. The Committee did the following: -

4.1 Public Hearlngs

a) The Committee held meetings with several stakeholders where it received and reviewed written memoranda. The list of the stakeholders is attached as Annex 7. b) The Committee published an advert inviting members of the general public to submit their views on the subject matter of the inquiry. In response twenty-one (21) witnesses appeared and testified (Annex2l.

o 6 4.2 Field Visits

a) In line with the Terms of Reference for the inquiry, the Committee conducted field visits to seiected institutions of learning in the five regions of Uganda i.e. Central, Eastern, Northern, Western and Southern. For every region, the Committee selected atleast three institutions of learning representing a primary, secondary and tertiary institution.It visited a total of thirty-three (33) institutions of learning in twenty-six (26) districts of Uganda. These comprised of eleven (11) primary schools, eleven (11) secondary schools, two (2) primary teachers' training colleges and nine (9) universities. (Refer to Annex 3).Dtring the field visits, the Committee interfaced with several stakeholders as listed in Annex 4. b) The institutions of learning were drawn from lists obtained from Ministry of Education and Sports and the National Council for Higher Education websites, respective ly. While a majority of the institutions of learning were selected randomly, some were purposively selected on the basis of reported incidents of sexua-1 violence by stakeholders. c) Given the sensitivity of the subject matter of the inquiry, the Committee used structured questionnaires to capture the views of learners and educatorswhile at the same time protecting them from the risk of victimization.The questionnaires were administered to a total of 1,150 respondents comprising of 296 educators (lecturers and teachers) and 854 learners.ln addition, learners were given blank sheets of paper where they recorded names of perpetuators of sexual violence in their institutions or any other institution that they were aware of. This approach protected the identity of the learners and insulated them from the risk of victimization. 3 DocumentRevlew

The Committee reviewed the following documents;

a) Natonal Laws, including; Orlt The Constitution of the Republic of Uganda, 1995 (as amended) ir o t\- ii) The Education (Pre-Primary, Primary and Post Primary) Act, 2004 iii) The Education Service Act, 2OO2 iv) The Universities and Tertiary Institutions Act, 2001 v) The Penal Code Act, Cap 12O (as amended) vi) The Children's Act, Cap 59 (as amended) b) International instruments to which Uganda is a party, including;

i) Universal Declaration of Human Rights ii) The United Nations Convention on the Rights of the Child iii) Convention on the Elimination of A11 Forms of Discrimination against Women iv) African Union Charter on the Rights and Welfare of a Child v) The United Nations Declaration on the Elimination of Violence Against Women c) Key Government Policies, including;

i) Uganda Vision 2040 ii) National Development Plan II (20 15/ 16-2019 l2Ol iii) Sustainable Development Goals iv) Education Sector Strategrc Plan (2017 I 18 - 2019 l2Ol v) National Strategic Plan on Violence Against Children in Schools (2Ot5-2O2Ol vi) Reporting, Tracking, Referral and Response Guidelines on Violence against Children in Schools

vii) National Sexuality Education Framework, 20 1 8 viii) Gender in Education Policy, 2016 d) Previous studies on Sexual Violence in Uganda, including;

i) Assessing Child Protection, Safety and Security Issues for Children in Ugandan Primary and Secondary Schools by the Ministry of Education and Sports (2O I 2) p 8 ii) Ministry of Gender, Labour and Social Development: Findings from a National Survey, 2015, Kampala, Uganda UNICEF 2015 iii) Uganda Demographic Health Survey, 2016 iv) Report on Investigation of Sexual Harrasment at Makerere Universify, June 2O 18.

5 CHALLENGES FACED BY THE COMMITTEE DURING THE IIYQUIRY

1 The Committee visited institutions of learning at a time when learners were writing their UNEB examinations and end of year/semester examinations. The Committee wastherefore unable to interface with some of the district, school and University officials who were busy supervising the examinations. Nevertheless, the Committee is confident that it captured most of the key issues relating to the subject matter of the inquiry. II Some respondents were hesitant to provide the Committee with information for fear of being reprimanded by persons in authority, endangering the victims of sexual violence and denting the reputation of the institution. Learners were particularly not convinced that anything would be done after this Inquiry to substantially change the way sexual violence is addressed in institutions of learning.To allay these fears, the Committee assured the respondents that the information gathered would be treated with utmost confidentiality and employed data collection methods that guaranteed the anonymity of the victims. Due to time constraints and the magnitude of the assignment, the Committee was unable to conduct one-on-one interviews with victims of sexual violence. However, the Committee endeavored to capture the voices of the victims through questionnaires and blank sheets of paper where learners recorded names of perpetuators of sexual violence in their institutions and shared their personal experiences. The public hearing further gave room to stakeholders who had been left out to share their eriences on the subject matter.

9 1V The Committee had planned to undertake study visits to Kenya and South Africa to study ald compare best practices and experiences in the management and control of sexual violence in institutions of learning. However, the Committee was unable to secure invitation letters in time to undertake the benchmarking visits. The Committee believes that the findings from the benchmarking visits would have further enriched the recommendations in the Report.

6 FINDINGS, OBSERVATIONS AND RECOMMENDATIONS

The following section presents the Committee's findings, observations and recommendations which are clustered according to the Terms of Reference of the inquiry.

6.1 TOR 1: CAUSES AND EXTEI{T OF SE]rT AL VIOLENCE IN INSTITUTIONS OF LEARNING AND ITS NEGATTVE EFFECTS OF SEXUAL VIOLENCE ON THE POPULATION

6.1.1 Extent of Sexual Violence ln Instltutions of Leerning

The Committee found out that sexual violence is existent in virtually all the institutions of learning visited but could not establish the precise scope and magnitude of the problem in the country due to the absence nationwide data on the issue. Police does not maintain disaggregated data on the number of incidents of sexual violence that occur in institutions of learning. In addition, the maj ority of the cases of sexual violence are not reported to police further making it diffrcult to ascertain the exact number of cases that occur in the educational setting.

Notwithstanding the limited quantitative data, the Committee findings indicate a high prevalence of sexual violence in institutions of learning. 397o percent of the respondents from primary, secondar5l and tertiary institutions said that they knew of friends who have been victims of sexua-l violence or they themselves were victim The number of students who knew about victims or were victims was

10 D

'lx}- higher in secondary schools and tertiary institutions/Universities i.e. 132 students and 135 students respectively while in primary schools, the number was lower since only a few respondents were able to comprehend the administered questionnaires. See Table 1 below for details.

Table 1: Learners who have experienced a form of Sexual Harassment

yes no

n o/oa!e n o/oaQe

Primarv 54 29.4 127 70.2

Secondary 1.32 34.4 o

Tertiary/University 135 52.t 124 47.9

Total 327 39.O 503 61.O

The Committee observes that the above findings are merely a tip of theiceberg in view of the general culture of silence about sexual violence in institutions of learning. This underscores the need for the MoES to conduct regular and comprehensive surveys to establish the exact magnitude of the vice in the country, The absence of countrywide data on the number of learners who are sexually abused in institutions of learning diminishes the seriousness of the problem and poses challenges to planning and crisis management.

The Cotnmll'tee therefore recommends as Jollouts: i) The MoE,S should tonnallze the collectlon of data on sexual violence in instlttttlons of lelr;rnlng. The data should toctts on the extent and the rnrious tonns oJ sexual uiolence, the drirnrs and consequences oj the ulce, and should dtsaggregate both ticlf.ms and petpetrators ot otolence bg qe, posltlon and sex. The data should be ualidated., oorlso publlshed bg the MoES on a.n otttfluol basis.

1l ii) In stttttt-tons under the Justlce Laut and Order Sector (Uganda Pollce, Dlrectorate of Prtbltc Proseattlons, Jrtdiciary and. Ugand.a Prisons Serulces/ should. regularlg publish dlsaggregated data on the reported cases of sexual ulolence oltslng tron instttttttons oJ leandng. Thts utlll allout Jor belter analgsls of the preualence of the ulce and to deslgn eoldence-based intententlons, ttl)Gtwn the scale and. magnlfitde of sexual uiolence ln lnstifr.ttlons oJ leantlng, the Committee recommends that MoES should, annuo,llg update Parllamrnt on the scale and magnltude of sexual uiolence ln lnstitrttions of learning ln the country and the actions taken to mltlgatc the aice.

6.1.1.1 Forms of Sexuel Violence in Instltutlons of learning The Committee found out as shown in Table 2, t}:lat a high number of students in primary schools, secondary schools and tertiary/universities perceived defilement and sexual harassment as the most prevalent forms of sexual violence in institutions of learning.

In primary schools, 45.2 percent of the respondents indicated that they are aware of the edstence of defilement, and 41.5 percent of the respondents were aware of the existence of sexual harassment. In Secondary schools, 70.5 percent of the respondents were aware of the existence of sexual harrasment while 5 i.5 percent were aware of the existence of defilement and in tertiary institutions/ Universities, 84.4 percent stated that they of the existence of sexual harrasment.The study also revealed a high prevalence of access to pornographic videos and images in secondary schools and tertiary institutions/universities at 60.6 percent and,77.3 percent respectively. See table 2 for more detail. Tahle 2: Fonns of sexual t lolence ln lnstlhttions oJ learnlng

o

72

,1">__ PrlEary 8€coidary Tertlary/ Untverstty

Y€s Ho Yca No Yea !lo

96age n o,6oge tt o,6age o,tage %oge n oko.ge a Sexually suggestive 50 34.7 94 65.3 165 158 48.9 169 81.3 39 .t 8.8 Speech b Sexually Suggestive

Contact such as ; 43 25.6 125 74.4 t94 55.4 156 44.6 148 81.7 touching, fondling, kissing

Delilement 75 45.2 g1 54.8 5I_.5 4a_5 60.6 86 39.4 d Sexual Harrasment/ 66 41.5 118 58,5 70.5 99 29.5 190 84,4 15.6 Abuse/ Rape

Female circumcision 22.0 t24 78.0 74 261 77.9 34.4 141 65.6 f Male Homosexuality 118 105 31.3 230 68.7 101 46.5 116 53.5

Female Homosexuality 36 127 AA 44.6 184 55.4 105 48.6 111 51.4 h Sexual Abusive 50 124 t62 48.6 t7l 51.4 160 71.4 64 28.6 Language

Sexual lmages or 93 73.8 206 60.6 134 35.4 174 5l 22.7 Videos n= numb er of re sp o ndents

6.1.1.2 Perpetuators of Sexual Violence in Institutions of Lcarning

The Committee found out that sexua-l violence in institutions of learning is majorly perpetuated byteaching sta-ff and students/pupils. At primary leve1, 36 percent of the respondents reported that the male teachers and male students were prominent perpetrators. At secondary level, 30 percent of the respondents reported male teachers, 2Spercent reported female students and 22 percent reported male studentsas the major perpetrators of sexual violence.In universities and tertiary institutions, 42 percent of the respondents indicated that male lecturers v/ere the perpetrators while 38 percent reported male students as indicated in Figure 1 below. Q(

13

I Dlgure 7: Perpetrators oJ sexual oiolence in lnstltrttlons of Learning

Tertiary/U niversity Primary Secondary 39( 2$- 2%- 3j6 7%-. r Nhle Studnt 0,6 ----.-_ r Femal". Student

-eadrer/Le[turer ffi-"- r ll,leh

. femah teachs/ecturer

! H€adnls!r/[4istresrPrindpa

r 0lher$alf

r liont€arhng saff

The Committee further sought to know the names of perpetuators of sexual violence in their institutions of learning and provided learners with plain sheets of paper to record the same. As a result, the Committee was furnished with names of sixty (60) individuals who were repeatedly mentioned by learnersas perpetuators of sexua-l violence implying that they are notoriously known in the school and university communitiesfor engaging in the vice.

The Committee had a lengthy discussion on whether or not to publish the names of the alleged perpetuators in this report. Ultimately, it was resolved that the names be withheld in view of the attendant legal implications. The Committee has attachedbrief details of the cases to the report for purposes of aiding Parliament in reaching a decision (Refer to: Annex 51. However, the narnes of the alleged perpetuators will be availed to the relevant government institutions for investigation and prosecution, upon the adoption of the report or on request by Parliament.

o T+ The Commlttee recommends thot the sbcty (60) lndlr lduo,ls who u)ere repeatedlg mcntloned bg learners as alleged per?efutators of sexual vlolence ln instihrtions of learalng should be investlgated and according lg pro secute d.

6.1.1.3 Perpetuators of Sexual Vlolence Outside the Education Setting

Although the terms of reference for the inquiry were restricted to institutions of learning, the Committee found several cases of sexual violence occurring outside the education setting i.e. in workplaces, homes and communities perpetuated mostly by boda boda riders, parents and relatives. For example, two girls from Kibuli Secondary School and St. Lawrence Horizon Campus, respectively,informed the Committee that they feared returning home for holidays because they are sexually abused by their fathers. Relatedly, several learners, for example, in Serere Secondary School and Moroto Municipal Council Primary School accused boda boda men for sexually assaulting them on their way to and from school.

In addition, University students informed the Committee that they are sexually harassed at places of internship, yet University policies against sexuai harrasment only have jurisdiction over incidents which occur within the University setting and most workplaces do not have anti-sexual harrasment policies.Further stili, the Committee interfaced with a street child who is alleged to have been sodomised by a white marr of Italian origin in Kabalagala, Kampala. The case is being investigated by KabalagalaPoliceStation.

The Committee observes that learners are drawn from society therefore sexual olence in homes and communities has a tremendous impact on the learners as well. Indeed, the Committee found out that the causes of sexual violence rn institutions of learning are rooted in the dysfunctionalsocial, economic and cultural systems of the Ugandan society.

The Commlttee thereJore recomm.ends tho,t Par should conslder sepWte inquiries lnto allegatlo of sefitdl tiolence ln

15 hontes, uorkplaces and thecornmunltles to find a uholtstlc solutlon to the problen of sexudl aiolence ln the country.

6.L.1.4 Vlctims of sexual violence in lnstltutions of learning

The Committee found out that both boys and girls are vulnerable to sexual violence, though girls experience sexual violence disproportionately due to socially constructed gender and power inequalities that are prominent within the Ugandan society. In addition, girls are more vulnerable to the sexual ald reproductive health consequences of sexual violence, such as, unwanted pregnalcies and sexually transmitted diseases.

The Committee however noted that a vast number of boys who experience sexual violence do not report for fear of being ridiculed by their peers and society due to gender stereot5zpes that men cannot be sexually abused. This calls for a comprehensive study by the MoES to establish the exact magnitude of sexual violence against male learners.

6.1.1.5 Trlcke used by perpetuators

The Committee found out that the perpetuators of sexual violence in institutions of learning employ several tactics to lure learners into sexual activity. The tactics vary according to educational levels.

In primary and secondary schools,the tricksused by perpetuators include;

a) Inserting money arrd love messages in the learner,s books during marking and write words like "see me" on the student,s examination script or book. b) Leakingexaminationsto the learners or giving them good marks that they do not deserve.

o

16 c) Sending learners for short errands and waylaying them along the way or sending them to the teacher's houses to take books or do household chores like washing clothes and later follow them to the house. d) Sponsoring the chiid's education in exchange for marriage or sexual favors. e) Giving learners spending money or buying them items their parents cannot afford. f) Depositing money at the school canteens for girls to obtain special meals and other items. g) Paying motor cyclists to transport the girls to and from school.

At university and tertiary levels, it is common for lecturers to intentionaily fail students or withhold their marks under the guise of "missing marks" to increase the students' vulnerability to yield to their sexual demards. This form of sexual exploitation is commonly known as "sexually transmitted marks" or nsex for marks".

The Committee found a disturbing trend in Universities where the phenomenon of 'sex for markshas evolved into organized crime. University lecturers who are involved in the practice protect one another and nteam up" against students who turn down sexual advances by any one of their peers.Accordingly, students who resist sexual advances by one lecturerrisk being given retakes in variou s course units taught by different lecturers. Therefore, some students yield to these sexual demands for fear of failing and to avoid being reprimanded by their parents for failing to graduate. For example, a student noted that:

"Therefore, because u)e are scared, as students we giue in to ttLe sental aduances because at the end of the dag uthen gou get retakes and take your testimonial to your parents, Aou are not going to tell them that I got three retakes because this lecturer asked for sex and I refused. Our parents do not olutags giue us space to talk ab t it. Theg just tell gou that 0\

77 Aou haue failed, uthg am I euen paging gour tuition? You are such a bad daughter". Student, Makerere University.

The Committee further found out that some lecturers harass male students who are involved in romantic relationships with the female students they ale interested in dating, by giving them retakes or demanding for cash in exchange for marks.As a result, some students are forced to repeat courses, fail to graduate or graduate late while others end up dropping out of university entirely.

The Committee notes that sexual harrasment in Universities is common during research when students are closest to their supervisors. For example, the Committee received information regarding a case of a male lecturer of Mbarara University of Science and Technologr who demanded for sex before he could supervise a student. The lecturer was found guilty of sexual harassment and dismissed from the University. In addition, students are harassed by administrative staff during the registration and clea-ring processes. For example, the Committee learnt of a case of a girl in her senior six vacation who was sexually harassed when she had gone for registration at Makerere University.

6.1.1.6 Frequency of occurrence of sexual violence emong learnerg

The Committee noted that sexual vioience against learners is not a one-time event but occurs frequently, which further highlights the cuiture of impunity that allows the vice to thrive in institutions of learning. As reflected in Figure 2 below, 63 percent of primary schoolspupils responded that they have experienced sexual violence only once, 25 percent reported that they are always sexually abused, and 13 percent stated that they have experienced sexual violence between one to three times. In secondary schools, 41 percent reported that they are always sexually abused, 36 percent responded that they have experienced sexual violence only once, and 23 perc t said have

18 experienced sexual violence between one to three times, In universities and tertiary institutions, 37 percent of the students responded that they have experienced sexual violence only once, 32 percent responded that they are always sexually abused and 31 percent responded that they have experienced sexual violence between one to three times.

Figure 2: Frequency of occurrence of sexual vlolence among learners

tertiary/university pflmary secondary

r onc€

. 1-3times happens

' allthe time

6. 1,2 Causes of Sexual Violence ln Instltutlons of Learnlng

The Committee observes that institutions of learning are not islands but are part and parcel of the Ugandan society. Therefore, the causes of sexual violence in institutions of learning are deeply engrained in thesocial, cultural, economic and institutional factorsthat are reflective of the dysfunction within the Ugandan society.

and Moral degeneration were perceived by learners at a-11 educationa-l evels as the major causes of sexual violence in institutions of learning. At primary level, 34 percent and 29 percent of the respondents agreed that moral degeneration and poverty are the major causes of sexua,l harassment, at secondary level, $3percent and 24 petcent d to the same ald in

L9 universities/ tertiary institutions 46 percent ard 22 percent agreed to the same. Other causes cited by the learners include harmful religious and cultural beliefs and practices, societal acceptance of sexua-l violence, and increasing levels ofdrug and substance abuse. See figure 3 below for more details.

Figure 3: Causes of sexual vlolence in inetltutions of learning as reported by learners

Tertiary/University Primary Secondary 49"

,^- 14% 096 --- 22% r Hannfulreligiousand cultural beliets and fractice!

r Sodetal ac(eptance of tg%s- ,/iolenre agains children . MoraldeSeneration

r Poveo

r lncreasing levels oJ 0ru9 anc subsalEe ahuge

The causes of sexua1 violence cited by learners in figure 3 above as well as those mentioned by other stakeholders during the inquiry are discussed in detail below.These have been clustered according to social, cultural, economic and institutional factors.

6.L.2,1 Soclo-Economlc Factors

a) Poverty

Widespread poverty in the country was repeatedly cited by stakeholders as factor that increases learner's vulnerability to sexual violence in institutions of learning. Due to economic hardships, parents have failed to provide basic necessities for their children which has forced many girls to engage in transactional sex with lecturers, teachers, bodaboda riders and fellow learners

20 in exchange for among other items, scholastic materials, sanitary pads and spending money. A district official noted:

"We utere uith Plan International and we read a report where a girl confessed and said mere knickers made me get pregnant. The parents utere not euen prouiding mere knickers. Therefore, the girls opt to look for people to support them. And Aou can imagine, if somebodg bugs gou a shirt and put on and see hout smart gou are, the man Luill ask trcr to put on and see hou smart she is when giuen knickers- I do not uant to tell the story that can follolD" . Municipal Education Officer, Kamuli District.

Additionally, the Committee notes that while government provides free education to children at primary and secondary school levels, feeding learners remains a cha-llenge for many parents who end up sending their children to school without adequate provision for meals. For example, in Paiula Primary School, Pader District, the Committee witnessed a situation where pupils were studying on empty stomachs from morning until Spm, arr issue that aJfected their concentration in class and increased their r,'ulnerability to engage in transactional sex.

The Committee noted that government sponsored university students are paid a meagre allowance of Ushs. 4,50O per day for feeding which increases their l'ulnerability to sexual exploitation by lecturers ald fellow students. In addition,some parents do not provide their children with upkeep money when they get to university level under the pretext that they are mature enough to fend for themselves.The Committee observes that lack of parental support is a key driving factor for the"sugar daddy/mummy phenomenon"which is prevalent in universities and tertiary institutions, whereby students gain financial support from older men/women in return for sexual services.For example, a student noted that:

" I especiallg blame the parents. Wlen ue join Makerere Uniuersitg, most of our paren,Ut that paging the tuition is enough. Theg do not giue "* fees 2l the students moneg for upkeep and get theg send their daughters to l.nstels. TLteg giue the girls onlg SLrs 1OO,OO0 and expect that moneg to last a ulnle semester. Mg dad usuallg sags, "In our daAs, we used to suruiue without moneA. Hotu con gou tell me that Aou cannot surutue?' Our parents haue that mentalitg and theg forget that time has changed. Right nout, girls haue so mang needs. So, gou send this poor girl to the uniuersitg where there are ich lecturers. A rich lecturer could come to gou like the one uho offered moneA to mg best fiend to plait her hair. Because she did not haue the moneg to plait her hair, she accepted the Sfrs 5O,OOO." Student, Makerere University.

The Committee further noted that abusers are taking advantage of the economic vulnerability of learners to offer them scholarships in exchange for sexual favors. For example, students of Uganda Marty's University, Nkozi, and St. Paul Mutolere Senior Secondary School, revea,led that male students are being lured into homosexuality by foreigners in exchange for scholarships and huge sums of money. They further revealed that some teachers and lecturers are given hefty sums of money by foreign homosexuality ca,rtels to recruit students into homosexuality.One student expressed her frustration with the level of homosexuality in schools, thus:

"...lesbianism ond homosexualitg is common todag and it needs to be worked upon. These men use moneA to trap the goung ones" Student, Mary Hill High School

The Committee observes that the Sexual Offences Bill which is currently before Parliament seeks to provide for stiffer penalties for unnatural offences. However, the Bill does not explicitly classify homosexuality as an offence thus giving perpetuators the latitude to engage in the practice with gross impunity.

In vleu oI the Iorcgolng, the Commlttee recommends that: f Gorrenunent should prot lde scholastic natertals a;nd sa;nlto;ry touels to glrls as lrdrt oJ the Unitarsa,l Primary and Secondary o 22 Educatlon Programs ulth effect Jrom the Flnanclal Yeqr 2O79/2O2O to mltlgate the trulnerabillfu of leanters to sexual exploltatlon. ll) Caaernment should revleults teedlng pohc! Jor schools tolth the deut oJ cont d,butlftg to the proulsloft oJ lunch ln schoolsespeclally ln the rura.l areas and among tlv 'mostpoor'households.In dddltlonr goaenment should consider an lncrement in the feeding allouance tor gornrnmcnt sponsored Unhwsltg slatdefits lft the ftnarncial gear 2 O 1 9/2 O2 O. lll) Gowrnment should scale up po&rtg a,lleulatlon progrannmes at grassroot letnl as a mcchanlsm tor empowering parents to proulde lood and other baslc needs Jor their chlldren This utill litnit entlcement of learners into earlg sexuol behantlor due to lack ol basic necessitles. ill In consideratlon oJ the Sexuol Offences Bill" 2075, Parllament should lnckrde the o;ffence oJ homasexualtty to protect learners Jrom tle practlce rl;.hich is preualent in fnstifr.t{.f.ons oJ lean'ning. bl Increasing levels of Drug Abuse and Ncohollsm

The Committee noted thatstudents and sta-ff who consume lots of alcohol ald drugs are susceptible to being victims and perpetuators of sexua-l violence. The packaging of some alcoholic beverages into sachets has made it easy and cheaper for staff and students especially in secondary schools to sneak intoxicating drinks into schools. The Committee further learnt that drugs such as Banji, Marijuana and Kuber (a narcotic drug of Indian originwhich is openly sold in shops and super markets across the country), are consumed by secondary school students. The drugs are punched in juice and water that the students ca-rry to school making it diffrcult for the schooi administration to detect. These drugs cause the students to be uncontrol bly sexually active and to engage in acts of sexual violence.

I 0

ZJ The Committee was informed that the Ministry of Education is in the final stages of formulating the School Hea1th Policy to control the use of alcohol and drugs in schools.

The Comtnlttee thereJore reclom.rnends that MoES should Jast track the lorrnulatlon and. implementatlon of the School Health Pollcg to coraltrol drug abuse ond alcoholism tn schools rnot lo;tcr than June 2079,

Tlle Committee jurthcr recotntnends that: l) the Mtnistry oJ Trade, Industry and Cooperatlves should urgcntlg enfotce the ban on alcohollc drlnks packed. ln sachetsa;nd. shou.ld work ln collrrbo"a,tlort with the Mlnistry oJ Health to prohlbit irrytortatlon of dtttgs such as Kuber and Banfi ln the country. tl) The Minlstry of Local Gouerflment should ellsure that all districts urgentlg enact and enforce bg-laus ago;lnstthe sale and consumptlon of alcohotic d.rinks po.cked ln sachets.

c! Exposure to Pornography

The Committee notes that the use of social media which has become a lifestyle for maly learners,coupled with laxity by some parents who either bring home pomographic movies, or fail to monitor what their children watch, exposeslearners to pornographic content which negatively influences their perceptions about sex, This causes learners to engage in premature sex with older men and to commit sexual assault against fellow learners.

A teacher described the impact of pornography on pupils in her school:

"I haue interacted uith two students ttthose performance u)as deteiorating but I utas shocked ulrcn theg confessed that theg had been utatching pornographic mouies and theg feel so addicted to the mouies which uas affecting ttLeir concentration in class.. .I haue uitnessed a mother uatchi

o 24 ( pomographA with her daughters and tuhen I interuened, their mother simplg asked me to mind mg business because u)e are liuing in a modern Luorld." Teacher, Lira Central Primary School, Lira district.

The Committee observes that there is greater need for sensitization of parents, teachers and the society about the dangers of pornography. This should be reinforced by sexuality education to mitigate the influence of pornography on learners and filtering online content to limit access to the same.

The Cornmittee recomtnends tho,t: fi) The MoESand the MoGl,SD should utork ln collaborati,on utlth the Pornographg Control Comtniltee establlshed under the Anti- porttographg Acq 2014 to sensltlae pdrents, learners and teachers on the dangers ol pontographg. (11) The MoDS should ensure that school ttles and reguLatlons conta,ln speclt'lc pontographg prohlbltlons utftlch should be stdctlg enlorced

df Lack of Life Skills and Sexuality Educatlon

Life ski11s are social competencies that enable learners to cope with the challenges of life. These include among others: high self-esteem, assertiveness, decision making, communication ald generally relating with others to achieve greater success in life. It was noted that learners especially girls in rural primary and secondary schools are unexposed and have been socialized in a way that makes them naive and shy, so they are easily lured into sex by teachers in exchange for small material items like sweets, food, soda and ckers. For instalce, a teacher noted that:

"At least I haue obserued some of those things- a small hand-ou\ euery o I day you are assured of a chapati from the canteen at break time with a bottle of soda. To a student at this leuel that is something". Teacher, Kamuli Girls College School, Kamuli district

o< Lack of life skills was partly attributed to the education system which is focused on academic achievement and less on imparting life skills.Learners' vulnerability to sexual violence is reinforced by gender stereotypes which are entrenched in the Ugandan society'which for example says that 'a woman is not supposed to refuse a man', or omuseija tayangwa (a man cannot be rejected), or \vhen a woman says 'NO' to sex she means YES'even when she actually means'NO".

The Committee further notes that the lack of sexuality education, both at home and at school, has exposed children to myths about sex hence resulting into early sexual engagements. While the Ministry of Gender, Labour and Social development has developed parenting guidelines which are primarily aimed at fostering positive parenting, these have not yet been operationalized in the grassroot communities.

The Committee observes that sexuality education, at school and at home, can provide an appropriate framework and context for educating learners about the nature of sexual violence, how to prevent and respond to it and at the same time empower learners with life skills to resist unwanted sexual advances. The Committee was informed that MoES has formulated the National Sexuality Education Framework which inter alia seeks to enable learners develop and utilize life skills that are relevant to their sexuality. However, at the time of the inquiry, the Po1iry had not yet been rolled out and implemented in schools.

The Commiltee therefore recommends that:

a) The MoES should. Ja.st track the roll out o;nd lmplementation of the National S,exuo,lJ;tg Education Franneuork ln insf,ltattoas oJ leantJ'ng ftot later than Decemher, 2O79. b) Porents should not shg antmg Jrom dtscass{ng sex uith thelr child,ren. Thegslauld educate thelr children about the llkely danger of sexual rtlolence ln lnsttttttiorns and should equip them utith the approprta&Hf,e slctlls to reslst unuanted I

26 c) ITIGLSD rr4ork ln colla.boro:tlon utlth dtstrtct locq.l ka.ders to scale up tle dissenination of Parenttng Giutdeltfles ot grasstoot leoels. Thls should be augmented wlth sensltlzlng parents regardlng tleir role oJ educal;lng learners about sexuallty ,sszes.

ef Societal Acceptance of Sexual Violence

The Committee notes that there is widespread normalization and societal acceptance of sexual violence as an inevitable part of academic 1ife. This has contributed to an environment in which victims do not report sexual abuse for fear that they will not be believed or, that they will be blamed for tempting the perpetuator and causing sexual harrasment to happen. This was evident in the interactions with a cross section of stalceholders who cited indecent dressing as a cause of sexual violence in institutions of learning. Female learners are particularly blamed for putting on skimpy and sexy dresses with the intention of luring male learners, teachers and lecturers into sexual relationships.

The Committee observes that indecent dressing as a justification for sexual violence is based on the presumption that men cannot control their sexual urges whenever they see a female who is dressed in a manner that arouses their sexual feelings. While the Committee does not condone indecent dressing, it deviates from this reasoning since it does not explain why adult men sexually abuse babies neither does it guarantee that decently dressed female learners cannot be sexually harassed. For example, the Committee found out that sexual harrasment is existent in muslim faith-based institutions of learning where a strict Islamic dress code is enforced. In any event,lecturers and teachers have the power ald authority over learners and can resist advances by iearners who may attempt to seduce them.

\The Committee further observes that indecent dressing as a justification for sexua-l violence not only shifts the blame from the perpetuator to the victim but a.1so absolves the perpetuator which discourages learners from reporting and engenders a lture of impunity. For example, a student noted that:

4.7 "Very mang people expeience sexual harassment, but theg fear being pinned and judged. When somebodA sa'gs, "I haue been sexually harassed", tlrc first thing people uill ask is, "Hout TDere Aou dressed?" Does that haue to do uith being sexuallg harassed? Euen some people tuho are decently dressed are tutrassed sexuallA'. Student, Makerere University.

The Committee recofiLmend.s that MoES should integrate compulsory stadles on gender and humo;n rlghts in educa;tlon clrrrlcula at a.tt educatlonal leaels. Thls utill go a long udg ln transJonnlng socletal dttiAtd.es ahout uxrnten a;fid d.emgstltglnggendcr stcreotgpes that perpeAtate sexudl tlolence ln lnstltrttlons o:f leo;a:ing,

I) Moral Degeneratlon

The Committee noted that sexual violence is accentuated by the general decline in adherence to moral codes of conduct and values in the Ugandan society, which has a spillover effect in educational institutions.The absence of a proper value system modelled along respect for mora-l values and integrity has led to amongst other things selfishness, heartlessness, loss of shame, disrespect and lack of consideration for others.As already noted, perpetuators of sexual violence in institutions of learning include head teachers, university deans and lecturers, who are expected to uphold the highest ethical and moral standards but instead take advantage of their privileged positions to sexually abuse learners while jeopardizing their futures.

The Committee further noted that some learners proposition sex to lecturers and teachers in exchange for undeserved glades or other material benefitswhich attests to the high level of moral decadence in the country. Forexample,one learner wrote that:

"l loue mg teacher and I told him, and he inuited me to his house and gaue me a drink onlg... Is that sental uiolence or he loues tud t, Serere Secondary School.

28 0 f Teachers complained that:

" Some girls rub their breasts on male teachers to entice them into sexual actiuitg. Tlrc girls do so in a bid to feel appreciated because of tlrc prestige that is associated with hauing a sexual relationship u..ith a teacher". Teacher, Serere Secondary School.

Moral decadence is further attributed to the diminishing role of parents in children's up-bringing. Parents have been faulted for abdicating or ignoring theirparenting duties which include amongst other things instilling moral values and counselling and guidingtheir children. Many learners are growing up in the absence of parental role models, either due to family breakups or work responsibilities. Children are therefore left in the care of workers,who end up sexually abusing them or exposing them to early sexual engagements.

The above situation is aggravated by the exposure of learners to non-protective and unregulated social environments that have considerably lower behavioral prescriptions such as night clubs, bars and video halls.For instance,the Committee found out that some learners in Bundibudgro, Kisoro and Nakaseke districts rent houses in trading centers to ease accessibility to schools where they stay alone unsupervised, a situation which predisposes them to promiscuous behaviors. In addition, the Committee noted that living a-rrangements especially in 1ow economic urban contexts where adults and children share the same room results in children being exposed to sexua1 activities which they may feel bound to experiment.

In order to the mo.ral of the Ugandan socletg, the Conmltiee "esto"e fiber recofianend.s thd,'t:

a) ITIGLS.D and MoES should utllize the exlstlng communitg, crtlfr.rral and rellglous st ltdures to sca.le up sensitlza,tlon oJ pa;retuts about the primacg of building strong, caring and Junctlonal Jam,llles as a the moral upbringing oJ their ldren Joundationoi lor

29 b) MoES should undertake c-urriculum retorrns to embed. moral educatlon ln the tralnlng oJ leanners and educators et s.ll leaek oJ the educatloft spectnfiru c) The Mlnlstry of Local Gooentment should ensu?e that o,ll dlstrlcts ena.cf qnd enJorce bg laus that restdct chlld;ren trom accessing unsultqble enulronments such as bars and nlght clubs. 6.1.2.2 Cultural factors

a) Harmful Social, Cultural and Religlous Norms

The Committee notes that cultural norms that engender patriarchai gender relations, discrimination and inequality of women and girls perpetuate sexual violence in institutions of learning and weigh down enforcement efforts against the vice. For example, the Committee found out that early marriages are widely practiced amongst the pastoral communitie s of Ntoroko, Bundibudgro and Nakaseke districts where young girls of 12-15 years are married off before completing their education because according to culture, they attract higher bride price tharr educated girls. In these communities, early marriages have been normalized and are arranged quietly by the parents without the consent of the girl who is way laid from the well while collecting water or, on her way to or from school.

The Committee observes that outlawing cultural practices such as early marriages has in itself not proved sufflcient to prevent the practice since the marriages are conducted quietly in the communities with the support of cultural and community leaders and without the knowledge of law enforcement officers.

The Committee further noted that there is a widespread practice in the Ugandan society of sanitizing sexual violence by forcing perpetuators to marry their victims. Defrlement is usually detected when girls become pregnant and the usual response is either a hastily-arranged marriage, or the payment of a fee for blighting the victim's marriage prospects in exchange for not reporting

30 o the abuse or taking the abuser to court. Unfortunately, such forced marriages are condoned by society under the misguided belief that they are in the best interests of the victims. For example, one head teacher was asked to give her opinion on a case of a teacher who married a student he had impregnated. She stated that:

"the good thing is tLnt theA are married, and the girl is looked afier" Headteacher, Kamuii Girls College School, Kamuli district.

The Committee observes that the practice of forcing school girls to marry their perpetuators needs to be checked as it not only re-victimizes the victim and shields the perpetuator from the law but also brings a premature end to the child's education. The Committee notes that while the Penal Code Act expressly outlaws defilement and implicitly early marriages, the law does not clearly stipulate that a victim of sexual violence cannot be coerced to marry the perpetuator.

In addition, the Committee found out that the culture of betrothal which is prevalent in some communities in Northern Uganda, gives boys the latitude to demand for sex from girls as though it is an entitlement. The problem is compounded by misconceived beliefs among men that school girls are virgins and sexual escapades with them are safer because they are unlikely to be infected with HIV/AIDS.

The Contnittee theretore recorra;rtends that:

r) MoGLSDin collaboratlon ulth MoES should tntenstfg sensitf,zatlon of communltles to dtluse culhffal, soclal afid reBglous pra.ct,lces that promote sexual vlolence aga,lnst the gtrl chlld. DlJor-ts should be on dla,logulng utith the qrlfufial, dnd Joarced "ellglous comtnunltg leaders uith the uieut oJ eliclting their support to detach such procf;ices Jrom thelr ctltural and. re l,(,,lues. g

31 tl) MoGLSD should regularlg publish a list oJ hartnJul soclal" ctlAral and. rellglous pradlces that are outlaued so tha't the publlc is nta.de auare of the need to deslst Jrom the so;me, lli)InconslderatlonoJ the Sexual Otfences Blll, 20 7 S,Po;rllo;nrr'nt should explicitlg prohlblt earlg and Jorced narriage of atcttms to perpehtators of sexual ulolence to stem the practlce uhlch ts prermlent ln the Ugandan societg.

b) Culture of Sllence

There is a widespread culture of silence on sexual violence in institutions of learning which has created a conducive atmosphere for the vice to thrive. While perpetrators of sexual violence are usually known to the victims and other members of the school or university community, victims prefer to inform their peers and parents than to report to the police or school/university authorities. For example, the Committee found that to date, police has not received any complaint regarding sexual abuse by the late Professor Mukiibi of St. Lawrence Schools and Colleges, despite several media reports which pointed to the deceased's involvement in sexually abusing studentstT.

The Committee iearnt of several reasons why victims of sexual violence do not report, and these include;

a the fear of reprisal from perpetuators for instance in higher institutions of learning, students expressed their fear of retakes; a fear that they will not be believed since in most cases victims lack the evidence to prove that the incident happened, a inaction by the school and university authorities who tend to cover up incidents in a bid to protect the image of the institution, leads the

17 The Observer June 13th 2017 "Prof Mukiibi was a psychopath, predator" bv Nansozi K. Muwanga available at httns: / /ohserver r:rrl ornt 5332 1 -orof-mu kiitri-was-a-nsvchooath - predator victims to believe that they are helpless, and that sexual violence is norma1 ald part of school or campus 1ife. . ignorance ofhow and where to report; o emotional feelings of guilt and shame and the fear of being biamed for being responsible for the sexual violence; o societal acceptance and trivia-lization of sexual violence; . fear of stigmatization by fellow students, school authorities, family and society and . delayed dispensation of justice occasioned by bureaucracies in the criminal justice system.

This culture of silence also had an impact on the Inquiry. Learners were reluctant to come forward and speak to the Committee due to concerns of conlidentiality. They particularly expressed their distrust in the Committee's ability to protect them from retaliation if they divulged names of the perpetuators. For example, astudent noted that:

" We haue a lot to dlscass but some of the students here in the room are friends to the administration and theA are the same uln uill incriminate us'. Students, Islamic University in Uganda, Mbale.

The Committee observes that the silence of the victims' sexual violence coupled with inaction by relevant authorities, gives perpetuatorsa sense that they can get away with their actions without being punished. This culture of impunity is evident in the repeated acts of sexual harassment in some institutions of learning.

Qirren the fear bg oictims to report sexual ulolence through Jonnal channels, the Commlttee stronglg recommends thatffioE.S should ensure instifufilofts o,f leaflfing Tnstall faclBtles Jor nymaus reporting. 0r

JJ fhese include; hotlines, suggestlon boxes and onllne reportlng sysems sach as $AFE PAr 18.

c) Mlsuse of Power and Authority

The Committee notes that institutions of learning like any other social setting are sites of convergence of power relations between educators and students. The educationai setting is characterized by asymmetrical power relations between teachers and pupils/ students, lecturers and students and even between students and students orchestrated by differences in age, gender, position and socio-economic statusle.

The Committee found out that educators take advaltage of their positions of power and the vulnerability of learners to sexually exploit them by threatening to punish them or fail them if they do not yield to their sexual demands. Studentsrecounted incidentswhich clearly depict a high level of abuse of power in institutions of learning. For example, a student stated that;

"A male teacher of St. Laurence C.C last gear made us to undress so a.s fo shou him our thighs claiming ue put tattoos and goes to our dormitory though tae are naked". Student, St. Lawrence Horizon Campus

Another student stated that;

"Mg biology teacher keeps calling me but u-then I reach to him, he keeps on pretending to be remouing something from mg breasts, but I stopped going to him but before I used to get SOok -100% in biology but nout I get 2ool downuards But utlen I compare mA ansu)ers uith other people's ansu)ers, I get uhen theg are correct. But he refuses to correct.'Studerfi, St. Lawrence Horizon Campus.

t8 SAFEPAL is a mobile applicationthat young peoplecan use to confidentially report cases of sexual violence and get linked to the nearest service providers. The application was developed by university students in partnership with UNFPA. te Report on investigation of sexual harrasment at Makerere University, August 2018 34 .D

r') Several other cases of abuse of power by lecturers were cited in Busitema University, Islamic University in Ugalda, Mbarara University of Science and Technolog,, Kyambogo University, Materere University and Kabale University where lecturers demand sex from students in exchange for academic favors.

The Committee observes that the current recruitment and selection process forteachers and lecturers is academic oriented and does not adequately test the professionaland moral aptitudes of applicants.Conducting background checks before recruitment and selection of teachers and lecturers is therefore critical to lock out potential sexual abusers from entering the teaching profession.

The Commlttee recommcnds that the MoESand Unluersltles and Tettldry lnstlhttions should instifr.tte efJe&iw tneasu?es Jor screening tedche"s aftd lectlll.ers pdo" ta their recrttltment ln the teachlng senttce. This lnclud.es coftductlng background checksto eflsu"e that teachers or lecfuDers uho hann a critnlnal record or ane otherwlse unsulta.ble to teach are not recttlted 6.L.2.3 InstitutionalFactors

a) Lack of professionalism

The Committee notes that there is a general decline in professionalism in the country which is also reflected in institutions of learning since they are also part and parcel of the Ugandan society. This was evident in the several cases of sexual violence of learners by teachers as noted in this report and the perceptions of some teachers that consensual relationships between teachers and students are normal and acceptable.

At university and tertiary ievel, the Committee noted that relationships between students and lecturers are deemed consensual even when such relationships are shrouded with elements of coercion. University lecturers claimed that it is the students who initiate sexual relationships with lecturers arrd that it is aJter the relations[ips have failed that the students allege sexual harassment. In or^

35 addition, University students noted that there is a blurred line between consensual and non-consensual sexual relationships and as a result, sexual harassment is often tolerated as act of mutual agreement.

The Committee acknowledges the complexity of defining the line between consensual and non-consensual sexual relationships in tertiary institutions where a majority of the students are above the consenting age of eighteen years. The Committee however observes that while consensual sexual relationships between lecturers and students may be legal, they constitute a transgression of moral and ethical values and should therefore be prohibited. Such relationships have the effect of jeopardizing the student-lecturer relationship by creating legitimate questions about impartiality, professional judgment, conflict of interest and the appearance to others of favoritism or advantage. For example, a student noted that:

"I got some information from a fiend about a lecturer called John (not real name). He hangs out rtith some female shtdents. One was spotted to be Jane (not real name) a fourth-gear student currently finalizing her Bachelor of Science in Water Resources Engineering. You mag carry out some inEiry from the staff because, this ladg (Jane) is holding a First Class uith quesfionsl/"Student, Busitema University.

The Committee further observesthat academic staff in Universities do not go through any form of pedagogical training prior to employment and apart from the University rules and regulations, the staff are not bound by any professional code of conduct except for those who belong to professional disciplines such as doctors, engineers and lawyers which do not apply to the educational setting.

The Commlttee thereJore recorntnends that:

l) MoES should ensure tho:t tedchers both in training o;nd ln serltlce, are regulorlg oriented about beha tloral expecto:lltons, dn line wlth tlrc teachers' proJessional code oJ conduct, relewnt

36 o laus. Teacher and learners should be annlled uith coples of the releuant lauts and regulatlons afld. should be tralned so that theg understand the contents. Appreclatlon of the contents of the laus and pollcles on sexual tlolence bg school admlnlstrators and staJf should fonn part oJ the MoES manltorlng o;nd assessment franne un rk lo r s cho ols. ii) In the lnterest of pntdence and Jostering a ca flqtus enaironment trce oJ sexual ha;rassmen[ the Commlttae ?ecofiEnends that all Unhtersltg policles should ptohlbtt sexual and/or romantic relatlonshlps between a,cademic stqfJ and shtdents utho are under thelr dlrect superaislon or evaluatlon. l) The Nortlona,l Council for Higher Education should ensure tho,t acadernlc stall ln hlglrrr education instltrtllons undergo pedagogtcal trainlng prior to teachlng practr,lce to lmpfot e thelf professlonal cornpeteflces and ethlcol rlalues.

bf Laxtty in Law and Policy Enforcement

The Committee found out that institutions of learning are often reluctant to enforce policies against sexual harassment. Cases of sexual harassment are often ignored or taken lightly, and perpetuators are merely cautioned or get off with just an apologr which discourages learners from reporting cases to the authorities. For example, the Committee learnt of a case of a lecturer of Kabale University who was found guilty of sexually harrassing of female student. The lecturer apologized to the student and was forgiven. The case was disposed of at that point without taking any further disciplinary action against the lecturer. The Committee observes that cases of sexual harrasment which are considered minor are capable of developing into more serious sexual violations and should therefore be taken seriously.

The Committee further found out that while the Ministry of Education and Sports is erp qwered by the Education (Pre-Primary, and Post-Primary) Act, 2008 to revoke licenses of teachers involved in acts of sexual misconduct against learners, the Ministry is often reluctant to enforce this provision and instead transfers the perpetuators to other schools. For example,the Committee learnt of a disquieting case of a pupil of Rukondo Primary School, Rukungiri district who was defiled by a teacher and sentenced to six years in prison. The teacher served the sentence, was released from prison and redeployed to another school in the same district.

During the Committeeinteraction with the MoES, the Ministry categorically stated that it is not part of the education sector policy to transfer teachers who are found culpable for sexual misconduct to other schools. However, in cases where the accused teacher is acquitted by courts of law, or where there is no evidence to prosecute the offender, the Ministry has no option but to redeploy the teacher to another school.

The Committee however observes that the practice of transferring teachers who are engaged in sexually abusing learners is deeply entrenched in the disciplinary policies and practices of MoES. For example, the Reporting, Tracking, Referral and Response (RTRR) Guidelines, (page 41) recognizes transfer of sta-ff of the school as one of the administrative disciplinary procedures within the education sector.

The Committee further observes that the practice of transferringabusive teachers to other schools not only shields the perpetuators from the law, but also exposes students in other schools to sexually abusive teachers and future malfeasaIlce.

The Committee recornme.nds th.at:

I IrtoJEE should ta.ke stern actlon a;go;lflst perTrefutdtors oJ sexual ttolence and should not mcrelg transjer thetn to other lnstlttttions. Teachers uho are found ct\table Jor sexual mlsconduct should hann thelr teaching llcenses reuoked and their rz;a;mes rtntck olf

38 o

+T*-=-\--l | the reglster of tco.chers, Theg should also be ban ed from practic'tng else where as educators. tl) IfioES should. fonnulate transter guldelines to streamllne the transter of teachers and ensltre tro;nspo;renc! ln the process. In addltlon, trolnste? as a punlshtnent tor per?efuto:tors, should be elinlnated. from the MoES pollcies, guidehnes and pradices.

d) Weaknesses in Examination Management SystemB

The Committee found that administrative weaknesses in the management of university examinations present opportunities for lecturers and administrative staff to sexually exploit students. University students informed the Committee that some lecturers and administrative staff in charge of examinations are maliciously failing them or withholding their marks under the guise of 'missing marks' to increase theirstudents' vulnerability to yield to their sexual demands.

During the inquiry, the Committee received information that a member of stalf of Kyambogo University who is responsible for feeding students' marks into the online examination system is trading students' marks in exchange for sex. The Committee was also furnished with names of lecturers of Makerere University, Islamic University in Uganda and Busitema University who are notoriously known in the Universities for trading marks for sex.

The Committee further found that some students especially those who perform poorly in their studies and desperately warrt to pass their examinations take advantage of the weaknesses in the examination systems to offer lecturers sex exchange for free marks. A stakeholder noted that:

"What is also clear is that mang of our goung girls do not uant to uork hard. Theg are lazg. Theg spend the night in clubs and Aet at the end of the dag theg uant to pass; so theg end up seducing lecturers into these relations to get marks". Vice Chancellor, Kyambogo University. \

39 The Committee noted that universities have established several quality assurance mechanisms to mitigate the occurrence of the phenomenon of 'Sex for Marks'. For example, Makerere University adopted a centralized marking system where examinations are marked in one room and examiners are not allowed to take the scripts out of the marking room. Makerere University Business School has a conveyor belt marking system where al examination script is marked by more than one lecturer to rule out the possibility of bias, while Kyambogo University and Kabale University have a system of btind scripts where students' examination scripts are identified by numbers instead of names.However,the Committee noted that the quality assurance mechanisms in universities and tertiary institutions are only applied during marking of final examination scripts and not coursework or tests. Therefore, lecturers still have full authority over students during marking of coursework.

The Committee observesthat Makerere University instituted a-rl Adhoc Committee to investigate sexua-l harrasment at the University. The Adhoc Committee confirmed the edstence of 'Sex for Marks' at the University and recommended academic policy changes which were subsequently incorporated in the University Policy and Regulations against Sexual Harassment, 2O18. Some of the recommendations the Committee considered worth adopting are:

An overhaul and streamlining of the online management system used by students for purposes of registration, access to examination results, checking of financial statements and other academic files; a Development of a fair and transparent system of assessment of examinations, including well-defined evaluative criteria and a meaningful system of feedback. a An effective complaints handling system to address examination related complaints. Such a system should eliminate face-to-face contacts between compiaining students and relevant examiners.

40 0 . The Directorate of Gender Mainstreaming should keep a record of repeat offenders; that is, harassers or lecturers who persistently have missing marks and other forms of misconduct. o The Department's examinations office, Dean's oflice and the Registrar, should exclusively handle all queries and fo11ow-ups with regard to these matters. o As far as possible, all courses at the university should be co-taught.

The Committee further observes that NCHE is mandated Section 5 (f) of the Universities and Tertiary Institutions Act, 2001 to receive and investigate complaints relating to higher education institutions and to take appropriate action. This includes complaints of sexual harrasment and abuse against university students. However, the Committee found outthat since inception, NCHE has not received any complaint regarding sexual harrasment despite the numerous reports of sexual harrasment in higher education institutions.

The Conmlltee recofianends tlut:

t. MoES should ensure thaf the ccademlc poUcg cho,nges proposed ln the nReport on lntestlga;tlon ol sexudl hanusment at Makerere Unloersltg" are repllcated ln o,ll Unltergltles and Tertlary lnstlf,ettlons ulth necessary mod{lcat'lons to mlt'lgate the occun'ence oJ tlrc tlce ot'sexfor m.arks'. ii. Natlonal Councll lor Higher Education should irr;tensi/U moflltor{'ng and superulslon oJ Unluersltles o;nd Tertlary instlttttions to ensure thdt thdt prdc{.lces such as 'sex lor marks' are checked. As pdrt o:f lts rouf,,'fte monltofing Junctlon, NCHE shouldlnterest ttse{ ln corses o.f sfitdents uho repeatedlg fall exanninations to estabflsh the root catlse of the problem and should ensufle tha,t $alf who are found atlpable tor tradlng sex Jor rrnarks are dlsclpllnedaccordlnglg. o\ I

4l ttt I,ICHE sltould cneate aurdreness regatdlng its mandate to recehrlng dnd irulrstlgate complalnts oJ sexual harrastnent and. should establlsh mechanistns to fa;cllttalte shtdents and the publlc to report cases ta lL

e) Inadequate Supervision and Monltorlng

The Committeefound out thatpoor management of schools, coupled with inadequate supervision and monitoring, creates a conducive environment for schools to engage in practices that predispose learners to sexua-l violence. For example, the Committee found out that some schools such as Kebisoni Progressive Primary School in Rukungiri are not adhering to the school calendar and are teaching students in candidate classes from as early as 7:3O am tiil 6:00pm,yet the pupils have to trek long distances early in the morning to reach the school and leave very late in the evening while it is dark, a situation which predisposes learners to sexual violence. In addition, the Committee received information regarding a case of a_lleged defilement of a pupil of Lwanda Primary School in Jinja district by a teacher. The teacher took advantage of the uncontrolled movements of the pupil from preps to the dormitory at odd hours to defile her.

The Committee further notes that the atmosphere and environment surrounding games and sports, creates situations where controls are lowered thus exposing participants to abuse by coaches or teachers who superintend over these activities. In some cases, female students are accompanied by only male teachers which is contrary to best practice.

The Committee observes that while the MoES has decentralized the monitoring and inspection to virtually all districts in the country, the inspection function remains grossly understaffed and underfunded to conduct regular and effective monitoring and inspection of schools.

o 42 The Committee recommends thal*he monltort,ng and lnspectlon funcf,lon at dlstr'ict lerel should be strengthened. through increased budgetary provlslon for recrt:ltment, tralnlng and factlltatlon of lnspectr,ors to lntens{g lnspectlon ln the Flna:ncla.l Yea.r 2O79/2O2O. 6.L.2.4 EnvironmentalFactors

a) Inadequate and Unsafe Physical Infrastructure

The Committee found out that the physical infrastructuraldesign and environmental set up of some institutions of learning presents opportunities for learners to be sexually abused. For example, at Nateete Muslim Primary School, the Committee found out that one of the offices where sexual abuse of pupils was a11egedly taking place is located in a very dark corner, which gave the perpetuator license to abuse pupils without being detected. Other examples include;Kamuli Girls College Secondary School and Serere Secondary School,boarding schools which did not have fences and exposed girls to sexual violence by community members.In addition, the two schools did not have enoughbathrooms and girls were bathing from outside, and no member of staff resided at the schools due to the absence of staff quarters, therefore, students wereleft unsupervised after 5:00pm an issue that exposed them to attacks during the night by men in the communities neighboring the school.

The Committee further noted that proximity of some schools to environmental settings such as night clubs, slums and military detachments further heightens the risk of learners to sexua-l abuse. For example, the Committee received information regarding a case of a UPDF soldier attached to Kabango barracks, Bundibugro district who defiled a pupil of Kabango Primary School d disappeared with her to an unknown location.

The Committee further found out that due to lack of boarding facilities in some schools, learners treklong distances on a daily basis to access the schools, a situation which predisposed them to boda boda men who offer them free rides to and from "$to1 in return for sex.In order to ease accessibility to the schools, some parents have resorted to renting houses for their children in trading centers nea-rer to the schoolswhere they stay alone unsupervised further exposing them to sexual abuse by business men.

At university and tertiary level, the Committee noted that a maj ority of the students are accommodated in privately owned hostels due to inadequate accommodation within the University campuses.The private hostels are not regulated and have limited restrictions on entry and exit of strangers which exposes students to the risk of sexualabuse. In addition, most incidents of sexual harassment happen off campus, yet the University policies against sexual harrasment only have jurisdiction over incidents that happen on campus. Perpetuators have taken advantage of this policy gap to sexually harass students outside the campus environment unabated.

The Commlttee recommend.s that:

al Got;erzmzr,nt should scale up the lmpletnentation oJ tlrc policg oJ esta.bllshing a secondary school ln every subcounty md. a primary school in euery prrrish to reduce on the distance the learners trannl to schooL bl Gorernment should. pt.i.oti;tlze the constntctlon o;fboarding facilltles for girls ln seed second.ary schoo lsto cater lor learners lrom d.lstant homr.s. Thts wlll mltlgc;te the rlsk o:f sexual violenceas a result oJ trannlllng long distances to school. ln addltion, gooentment should ptloritlze the establishment of statf quartersln boardlng schoolsJor girls,to Jacllltate nonitoring and. supenislon of learnersrin order to sa{eguard, then Jron the rlsk o! sexaal abuse. c) il[oES should ensure that the design of school lnfrastnrcture and the enotronmental set up of schools takes ln:to consideratlon the phgslcal sqfetg and secudty of learners especlallg the glrl chlld. For example, bg moxlmlztng the number oJ ulndouts and. doors tn

44 a classrooms, offices, and other spacesrprouislon of separate and adequate sanltatlon facllittes lor fugs and glrls, lmproaing Itghttng ln and around school grounds and use of petlmcter uall Jenclng in all schools. Thls should be augmented by scallng up lnspectlon and monltot{.ng of scltools to ensure that schooLs which do not meet the mlnlma.m stondtrds Jor the satetg and sectrltg oJ lc artr,e r s ar e de lice ns e d dl htblic Unitersities and. tertlary lnstltuttons should conslder htblic Pr'luate Pattnershlps (PPPs) for pritate intnstors to deaelop and tttn hostels ln thelr instltrttions. In add.ltll.on" the Unluersltles and tertlary lnstdtrrtions should eflte" tnto ntemorandurns ol understandlng ulth proprletors of prhtate hostel wlth the uiew oJ enJorclng securitg rrlcanflires Jor protectlng sfutdents from sexual ololence.

6.1.3 Advers€ Effects of Sexual Vlolence on the Population

Sexual violence undermines the right to education by fostering a hostile environment for learning which has long term socio-economic repercussions on the learners, their families and society in general. This section considers the multiple effects of sexual violence on the learners and the population.

6. 1.3.1 Health Effects

a) Dlrect Physlcal Health Consequences

At individua,l level, sexual violence is associated with a wide range of physical health effects which includes; physical injury, or even death, teenage grancy, which sometimes leads to unsafe abortion and other health threatening conditions both for the mother ard child i.e. fistula and children born with impairments, chronic pelvic pain and sexually transmitted diseases (including HIV/AIDS) infection. For example; the 2018 Ministry of Gender, Labouqo\and Social Development reported tl:..al, l9o/o of teenage boys who suffer 45 sexual abuse experience symptoms or are diagnosed with sexually transmitted infections (STIs), compared to 7o/o of those who did not experience sexuai violence.2o

Additionally, a study carried out in 13 districts by the Ministry of Education and Sports in partnership with FAWEU in 2O 1 5 on the Linkage between Pregnancy and School drop out in Uganda found that 43o/o of school drop outs is attributable to financial constraints, 22o/o lo pregnancy among girls of 14 to 18 years, 9% to poor academic performance which is also closely linked to increased chances of the girls getting pregnant, lO%o to illnesses and 15 7o to other factors including early marriages.

A stakeholder narrated an incident which is a vivid exposition of the adverse effects of sexual violence on learners, thus;

"Three male suruiuors aged 11, 12 and 75 are refugees from Rutamu-tanja refugee settlement. Theg haue been pupils at Kanara boarding pimary scLnol in Kamuenge district. Tleir class teacher coerced them, one bg one to go and uisit him at his residence. Theg taere made to spend a night tlrcre and theg stept together utith his teacher on one bed. At night, the teacher got a pang, threatened and raped them. He Luould threaten them not to reueal information to ang person. The suruiuors shared their ordeal u.tith their fellout male pupils and theA didn't take it seriouslg because theg taere also used to go and sleep uith the teacher in his house. The suruiuors got sick and utere sent back home but didn't tetl their parents. The suruiuors refused to go back to the same school the nert brm. Theg reuealed the inforrnation tuhen their parents forced them to go back to the same school. The ca,se tuas reported at Ruamutanja police station and Iater refened to Kamu.tenge police station. Tlrc suspect tuas arrested and released on court bail. Both of the suruiuors' experience trauma. One of the suruiuors 75 years old dropped out of school because he refused to join

20 Violence Against Children Survey, 2O18 by Ministry of Gender, Labour and Socia.l Development 2018,

46 o anA other scttool for failure to trust ang other teacher. Tlo of ttw suruiuors, 11 and 12-gear-old Luere tratlsferred to other schools, but their fellow pupik intimidate them because information reached all ouer the places. Theg are also at uerge of dropping out of sclnol'zt.

The consequences of sexual violence on female learners are exacerbated by the absence of a clear policy framework for retention and re-entry of pregnant girls in schools. The Committee notes that while Gender in Education Sector Policy and several other policies recognize the need to facilitate re-entry of girls who drop out of school due to teenage pregrrancy and early marriages, in practice, girls who become pregnant in schools are expelled as a disciplinary measure to deter others from getting pregnant, and are not allowed to return to the same school after giving birth, which deprives them of their right to education. In some schools, it is only pregnant girls in candidate classes who are allowed back in school to do UNEB examinations.

The Committee noted that the issue of retaining girls in schools is considered a complex one especially in faith-founded schools where pregnanry outside wedlock is perceived as sexual immorality. In addition, pregnant girls are not willing to return to the same school after giving birth for fear of stigmatization and often times they prefer to stay home, get married or change school.

The Committee observes that expulsion of pregnant girls from schooi is a discriminatory practice which contravenes the Constitution since it deprives the giri child of her right to education yet when the perpetuator is a male student, he is allowed to continue with his education un punished.

The Committee noted that MoES is in the process of reviewing Guidelines on Prevention and Management of HIV/AIDS and unintended teenage pregnancies in schools to incorporate the retention of pregnant girls in schools. In addition,

rL PreseRtEtion by Joy for Children during public at t on 12u December, - 20 18 \.I 47 the Ministry is developing guidelines on re-entry of child mothers into schools and other education institutions.

The Commlttee ?,ecofiLrr.ends thaf;

1l The EducotionAct, 2OOg should. be amended ta giue elJect to the rtght oJ pregnant glrls to be retalned. and relntegrated. ln education institrttlons afier gtotng Hlth. tt) .UoES sllould Jast track the Jormulatlon dnd implenenta;tlon oJ pollcg guldellnes tor the retentl.on and. re-integration of pregnant girls in school ln aftg cante not later than December, 2079. (l) Government should rrtd.ke adequdte budgetary proalstolato MoES ln a phased fitaftfterJor the establishment ol alrpropt lo;te facilitles in schoors uhere chlldren oJ teenage rnothers cc;n be o,ccommodo;ted. as thelr mothers are *udging.

bf Psychologlcal Health Consequences

Sexual violence implications on the psychological health of victims are equally severe. Studies have shown that victims experience feelings of gui1t, shame, humiliation, anger, anxiety disorders, heightened levels of stress, eating disorders, low self-esteem, self-disgust, post-traumatic stress disorder, depression, withdrawal from social contact and in extreme cases the victim contemplates suicide. For instance, according to the Ministry of Gender, Labour and Social Development 2018 survey, 74o/o of 13-17 year olds who survived sexua-l violence during the last year reported contemplation of suicide, significantly higher than tine 4%o of girls who did not experience sexual violence in the past year. Whereas 15% of teenage girls and boys who survive, sexual abuse contemplate suicide, compared to 4Vo of girls who do not experrence sexual violence.22 o 22tbid

48 6.L.3.2 EducatlonalElfects

al Lower academic achievement

The Committee notes that sexual violence has a destabilizing effect on the education of learners. Learners who experience sexua-l violence find it very hard to concentrate in class, some even loose interest in studying and transfer to new institutions or simply drop-out of school hindering their educational performance and curtailing their future aspirations. Available evidence indicates that sexual violence is one of the major causes for high school drop outs in the country23. In Universities and tertiary institutions, students who refuse to yield to sexual advalces of lecturers are given retakes ald prevented from graduation which deprives them of future employment opportunities.

bl Loss of Confidence in the Educatlon System

The Committee observes that one of the spillover effects of transactional sex (sex for grades or material benefits) is the loss of confidence in the education system since the grades awarded to students are not earned but trade-offs on the basis of sex. It a-lso results into a vicious cycle of abuse because students who are engaged in sex for marks while at the University a-re more likely to continue with the practice in employment by engaging in sexual relationships with their employers for promotions and other benefits.

6. 1.3.3 Societal Effects

Sexual violence destabilizes families as pregnant girls are ostracized by their own families and run away from home. Some become street children as a ping mechanism where they are exposed to risky behaviors such as substance abuse and sexual promiscuity. F\rrther still, violence agaiflst children creates a cycle of violence, where childhood survivors of sexua-l violence are more likely to mature into adult perpetrators of violence.

23 A study carried out in 13 districts by the Ministry of Education and Sports in partnership with FAWEU in 2015 on the Link?ge between Pregnancy and School drop out in Uganda

49 On the side of government, sexual violence in schools not only presents a financial burden to government as victims require social welfare, health and justice services, but also undermines government efforts in increasing access to quality education and other social services which are necessary for meeting national and international development goa1s.

1

o

50 6.2 TOR 2: REVIEtrI OF LAWS AGAINST SEXLTAL VIOLENCE IN UGANDA

Uganda has al obligation under international, regional, and domestic law to protect learners from sexual violence and to provide them with redress in cases where such violence occurs. These instruments are considered hereunder.

6.2. 1 Internatlonal Instruments

Sexual violence violates fundamentai human rights such as the rights to life; health; liberty; security of person; not to be subjected to torture or cruel, inhuman, or degrading treatment or punishment; and equal protection under the law. Uganda has therefore ratified severalinternational and regional human rights instruments that oblige the state to prevent and respond to sexual violence in schools, including: the International Covenant on Civil and Political Rights (hereina-fter referred to as ICCPR), the Convention on the Rights of the Child (hereinafter referred to as CRC), and the Convention on the Elimination of A11 Forms of Discrimination against Women (hereinafter referred to as CEDAW) the International Convention on Economic, Socia-l, and Cultural Rights (hereinafter referred to as ICESCR).

Under the ICCPR, Uganda has a duty to protect learners, from torture and cruel and inhuman treatment and degrading treatment, and from violations of their rights to life, liberty, and security of person. This includes the duty to protect learners from sexual violence. Uganda also has a duty to ensure that victims of sexual violence while at school or university campus have an effective remedy for the abusive experience, regardless of whether it is perpetrated by a teacher or other state actor or a private actor such as another student2a

As a state party to the CRC, Uganda is further obligated to protect children from violence, including sexual violence. This duty impelsUganda to.take all appropriate legislative, administrative, social and educational measures to ot

2a Article 2

51 protect children from any form of physical or mental violence . . . while in the care of parents, legal guardians, or Erny other person who has the care of the childzs. This includes protection of children in the care of educators26. This is an affirmative duty of care that extends to the creation of socia,l programs intended to provide support and treatment for child victims, as well as to prevent child abuse. Social programs must also implement reporting, referral, and investigation policies, involving the judiciary where appropriate2T.

CEDAW further requires government to "pursue . . . without delay a policy of eliminating discrimination against women.' Sexual violence is broadly considered a form of gender violence and discrimination that seriously inhibits women's ability to enjoy rights and freedoms on the basis of equality with men.

Further still, ICESCR guarErntees the equal rights of girls and boys to an education and to the highest attainable standard of physical ald mental health28. States are obliged to provide free ald compulsory education at the primary level and make secondary and higher education equally available to all persons2e.Therefore, Uganda has a responsibility under international 1aw to protect girls from sexual violence ald harassment that violates their right to education and their ability to enjoy other human rights.

6.2.2 Regional Instruments

Sexual violence against learners also violates Uganda's obligations under regional human rights treaties, including the African Charter on Human and Peoples'Rights (hereinafter referred to as African Charter), the African Charter on the Rights and Welfare of the Child (herein after ACRWC) and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (hereinafter referred to as Maputo Protocol), the Protocol on the

2s Article 19 (1) 26 U.N. Committee on the Rights of the Child, Genera-l Com o. 13 ez Article 19 (2) 28 Article 2 o 2e Article 13

52 Prevention and Suppression of Sexual Violence Against Women and Children (Great Lakes Protocol).

The ACHPR like the ICCPR prohibits cruel, inhuman or degrading punishment and protects the right to security of person3o. The ACHPR also protects the rights to health and education3l. It further stipulates that state parties must not only recognize the rights in the Charter but also "undertake to adopt legislative or other measures to give effect to them.' Art. 11 also requires States to take special measures in respect of female . . children, to ensure equa-l access to education" and to reduce drop-out rates.

The ACRWC provides that Uganda must pursue legislative, administrative, social, and educational measures to prevent children from being tortured, treated inhumanely, or abused32. Additionally, "every child has the right to enjoy the best attainable state of physical, mental, and spiritual health,"33 a right that is clearly impaired by sexual violence against learners.

Uganda is further obligated under the Maputo Protocol on the Rights of Women to protect female students from every form of sexua,l abuse, including sexual harassment in educational institutions. This includes providing sanctions against any perpetrator, providing girls who experience such abuse with access to counseling and rehabilitation services, and teaching gender sensitization in schools3a.

Under the Great Lakes Protocol, States "shall punish any person who, with intent, knowledge, or negligence, . . violates the sexual autonomy and bodily integrity of any woman or child by committing, aiding, or abetting the commission of any of the acts of sexual violence"3sFurthermore, Uganda has assumed responsibility for ensu ring that the perpetrators of sexual violence cl\ 30 Article 6 3r Articles 16- 17. 32 Article 16 33 Ayticle 14 (1) 3a Article 12 (1) 3s Article 4 crimes compensate their victimsso. Uganda is further required to streamline the complaint process for sexual violence victims and establish legal and medical practices for assisting victims3T.

Additionally, the Heads of State and Government of Members States of the International Conference on the Great Lakes Region (ICGLR) convened at Kampala on 15th to 16tn December, 2011 at the 4th Ordinary Summit and Special Session on Sexual and Gender Based Violence (SGBV) under the theme "United to preuent, end impunitg ond prouide support to the Victim.s of SGBVI and made several commitments towards the prevention and response to SGBV including establishment of Recovery Centers for SGBV victims, Gender desks (where they do not exist) arrd to allocate for the relevant budget to facilitate the fight against SGBV.

Despite the commendable efforts of ratification of both international and regional human rights instruments responding to sexual violence against learners, there is a slow pace of implementation of the treaties with most of the treaty provisions not yet domesticated. Furthermore, there is limited public awareness on both the efstence of and contents of the treaties.

6.2.3 National Leglslation

The Committee notes that while there is no specific legisiation on sexual violence in Institutions of learning, Uganda has enacted several pieces of legislation that contain provisions that safeguard learners from sexual violence ard provide redress when cases occur.This section reviews some of the most relevant 1aws.

6.2.3.1 Constltutlon of the Republlc of Uganda, 1995

The i995 Constitution of the Republic of Uganda (herein after referred to as the Constitution) contains a litany of provisions that protect learners from sexual so Article 6 (6) wLQ 37 Articles 6(4), 617l

54 violence. The Constitution first of a1l recognises education as a human right and impresses upon the state a duty to ensure access to education for all Ugandansae including taking appropriate measures to afford every citizen equal opportunity to attain the highest educational standard possible3e. Article 34 (2) guarantees'a child's entitlement to basic education and entrusts the state and parents with the responsibility of providing the same. Article 24 protects every person including learners from any form of torture, cruel, inhuman degrading treatment or punishment. These provisions gua.rantee the learner's right to study in a violent free environment.

The Constitution also enshrines provisions that address gender inequalities which engender the vice of sexual violence in institutions of learning. Article 21 (2) provides that all persons are equal before ald under the law in all aspects and shal1 not be discriminated based on economic, political, sex, tribe, birth, social and cultural life and in every other respect and shal1 enjoy equal protection of the law.

Article 33 specifically recognizes the rights of women to equal protection under the law and obliges the state to provide facilities and opportunities necessary to enhance the welfare of women to enable them to realize tJl.eir full potential and advancement. Article 33 (6) prohibits laws, customs or traditions which are against the dignity, welfare or interest of women.

Article 31 further sets the minimum age for marriage at 18 years, while Article 34 provides that no child sha-ll be deprived by any person of medical treatment, education or aly other social or economic benefit by reason of religious and other beliefs. These provisions outrightly outlaw child marriages, a form of sexual violence that is fueled by cultural beliefs.

3sObjective XIV of the National Objectives and Directive Principals of State Policy 3eObjecti {VIII of the National Objectives and Directive Principals of State Policy

55 6.2.3.2 The Penal Code Act Cap 12O

The Penal Code Act, Cap 12O is the primar5z instrument applied against perpetuators of sexual violence. There are several provisions that criminalize sexual violence. These include;abduction with intent to marry or have sexual Intercourse (Section 126), indecent assault (Section 128); defiiement which attracts a sentence of life imprisonment (Section 1291, Rape (Sections 123 and 124) which attracts a maximum penalty of death, procuration (Section 131) procuring defilement of women by threats (Section 132), anddetention with sexua-l intent (Section 134). In addition, Section 1298 of the Penal Code Act (as amended) gives court the discretion to order convicts of defilement or aggravated defilement to pay compensation to victims.

6.2.3.3 The Educetion (Pre-Prlmary, Primary and Post-Primary) Act, 2OO8

The Education Act provides for licensing requirements for schools,and regulates the conduct of teachers. SectionslS arrd,20 provide for deregistration of a teacher and cancellation of his or her teaching license, on the basis of a criminal conviction for an offence involving moral turpitude, or professional misconduct which renders the teacher unsuitable for employment as a teacher. This includes sexual violence against a lea-rner.

6.2.3.4 The Unlverslties and Tertlary Institutions Act, 2OO1

The Universities and Tertiary institutions Act, 2001 provides for the establishment of National Council for Higher Education (NCHE) which is mandated to regulate higher education institutions. Section 5 (f) mandates the Council to receive and investigate complaints relating to higher education institutions and take appropriate action. This includes complaints of sexual harrasment and abuse against university students.

6.2.3.5 The Education Senrice Act,2OO2

The Act provides for the conduct of, and the terms and conditions of service of public officers in the Education service including teachers in line with Articles a 56 167 ar:d 168 of the Constitution. The Education Service (Teachers' Professional Code of Conduct), Legal Notice No. 11 of 2012,stipuiates that a teacher's chief responsibility, is towards the learner under his or her careao and, prohibits a teacher from sexually molesting, harassing or have sexual relationship with the learner4l.

6.2.3.6 The Children's Act Cap 59

The Act provides for a legal framework to protect and promote the rights of children. The act requires duty bearers who include, parents, community members and teachers, to ensure that children under their care are safe and protected. Teachers therefore have a responsibility to protect children against sexual violence. Section 5(2) specifically protects children from violence and abuse by those with parental authority (includes parents/ guardians and teachers).

6.2.3.7 The Domestlc Vlolence Act, 2O1O

The Domestic Violence Act 2O 10 and its regulations of 20 1 1 provides protection and relief to victims of domestic violence. The Act prohibits different kinds of domestic violence, including sexual abuse, which is defined as, any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of another person. It contains several important protections for victims of domestic violence setting out the procedure for seeking a protection order. The act imposes specifrc duties on the police to assist and advise victims on the available support services such as medical, legal and shelters.

6.2.3.8 The Evidence Act, Cap 6

The Act stipulates evidential requirements in the criminal prosecution of sexual offenders and the staldard of f required in such matters. PAOPt' { ao Paragraph 5 (1) 1 a1 6 Paragraph s (3) (c) 6.2,4 Gaps and Weaknesses in the Legal Framework

As noted above, overall Uganda has several laws that can be invoked to address sexual violence in institutions of learning. However, the Committee notedglaring gaps and weaknesses which have rendered the 1aw ineffective to protect learners against sexual violence. These are considered hereunder.

6.2.4.L Absence of Comprehensive Leglslation on Sexual Offences

As already noted, there is no specific law addressing sexual violence in Uganda. Whereas various commonwealth countries such as India, United Kingdom and Kenya have all consolidated sexual offences in one law, Uganda sti11 has sexual offences fragmented in various pieces of legislations which has rendered them difficult to implement.

The Committee further notes that while the Penal Code Act was amended in 2OO7 to bring it in conformit5z with current and emerging sex related offences and trends, the law sti1l has gaps which need to be addressed. The law does not cover all the forms of sexual violence. For example, sexual harassment which is a form of sexual violence that is prevalent in institutions of learning is not provided for in the law as a stand-alone offence and as a result, sexual harrasment cases are not given the attention and seriousness they deserve, arrd often times perpetuators are charged under other offences such as indecent assault which carry light sentences. For instance, Section 128 (3) of the Penal Code Act provides that any person who, intending to insult the modesty of any woman or girl, utters any word, makes any sound or gesture or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen by such womarr or girl, or intrudes upon the privacy of such woman or girl, commits a misdemeanor and is liable to imprisonment for one year. This implies that verbal sexual harrasment is considered to be a misdemeanor and not an offence.

An additional lacuna in the law is the inadequary in the delinition of rape which only recognizes penetration of the victims' vagina using a sexual organ

58 o and ignores other forms of sexual abuse such as penetration of the mouth or arrus by other pa-rt ofthe body, or by any object used by the rapist to penetrate the victim's vagina. The current definition of rape also presupposes that only girls and women can be raped yet this is not the case. Perpetuators take advantage of these inadequacies and weak sanctions in the law to engender sexual violence in institutions of learning.

The Committee observes that the Sexual Offences Bill, 2O15 which is currently before Parliament is intended to consolidate the laws into a single piece of legislation for ease of reference and accessibility by law enforcers ald the public. The Billprovides for procedural and evidential requirements during the trial of sexual offences and includes sexual offences such as sexual harassment which are excluded in the current 1aw. However, thedefinition of sexual harassment in the Bill is limited to employment situations and should be extended to education settings. The Bill also redefines the offence of rape making it more inclusive ald reflective of the current ald evolving trends of the offence.

Tlu Commlttee recomrrlrends Jast tracklng the pa.ssa.ge ol the Sexaal Ollences Bill, 2015 subJect to the amendments proposed. ln this report.

6.2.4.2 Inadequate Legal Provislons ln the Education Sector

The Committee notes that the Education Act, 2008 provides for revocation of teachers' teaching licenses on grounds of sexual misconduct but does not explicitly bar teachers from having sexual relationships with learners and neither does it hold schools accountable for failure to report sexual violence or o act on complaints of sexual violence,a gap which has been exploited by institutions of learning to refrain from taking any disciplinary action against perpetuators and reporting cases to MoES and police.

The Committee observes that while the Teachers' Professional Code of Conduct 'oorohibits ,,a teacher from sexually molesting, harassing or have sexua-l

59 relationship with the learner, it needs to be reinforced by the Education Act since it is the overarching legislation for the education sector.

The Committee observes that sexual violence against learners should be treated as arr extremely serious violation under the law especially in view of the special relationship that exists between educators and learners. Educators are deemed to be in loco parentis(rn the place of a parent) relationship with learners and failure by institutions of learning to protect the learners from sexual violence and to discipline perpetrators is a negligent breach of the duty of care owed by the school towards learners.

The Co mlmitte e re co rnme, ndsthat :

l) Goverranelnt should consLd.er ameftdlng the Educatlon Act toprould.e Jor the followlng: . Cla"ssifg sexual nlolence crs or serious Jortn oJ proJessTonal mlsconduct and. prescti,be clear sanctions Jor petTntuators. o Expllcttlg prohlbit sexual relations betueen leanters md t.rcchers uthether consensiuol or not to reinJorce exlstlng provisions ln the Tetchers' ProJesslofta.l Code oJ Conduct. . Irryrose a legdl dutg of cane on teachers and schools to protect leanters qga.inst sexua,l vlolencea;nd ta reqrond elJectiwtg to reports of abuse o Mandatory repottlng oJ sexual uiolence to pollce and MoES hg tea'chers and, schools . Irnlrose stilJ penalttes on schools Jor Jailure to to.ke actlon aga;lnst perpefutators o:f sexz,dl ttlolence. 17) Slmllarlg, the Universlttes and Tertlary Instltafiions Act, 2OO7 should be amended to: . Irryrel hlgher educdtion lnstltrttlons to protect learners agaln* sexual ho,n.asment and. to take approprlate action aglrlnst perpefuta,tors of the uice.

60 o Prescrlbe clear penaltles o.go,Tfist perTreAtato"s includlng the retrccatfon of the acadetnic qualifications of the stall uilw are Jound. ctQnble for setcaallg harassing sdtdents, 6.2,4.3 Overly Burdensome and Humillatlng Evidentlal Requlrements

The Evidential requirements and procedures in sexual offences are governed by the Evidence Act, Cap 6, a 1aw which was enacted in 1909. The Act requires that evidence in a trial of sexual offences must be corroborated. This is premised on the believe that victims of sexual violence sometimes tell an entirely false story which is very easy to fabricate but difficult to refutea2.

The Committee notes that the requirement of corroboration of evidence to confirm the truthfulness of the victim's evidence makes it diffrcult for the prosecution to secure convictions since sexual offences are usually committed in private spaces, such as lecturer's and teacher's offices, where there are no witnesses to corroborate the victims' story and, in many instalces, sexual violence cases are reported late hence forensic evidence is often lacking.

The Committee observes that while several court decisionsa3 have declared the requirement for corroboration of evidence in sexua,l offences unconstitutional for being discriminatory against women) the provision remains on our statute books and is still being applied by courts of law on a case by case basis.

The Committee further notes that court tria-l procedures are daunting for victims as they are asked irritating and humiliating questions regarding their previous or subsequent sexual behavior. This skews the trial in favor of the accused person and unnecessarily intrudes in the private life of the victim. In addition, there is no mandatory legal provision for such cases to be heard in a. Therefore, victims are required to recount their ordeal in open court in the presence of the accused person and in full view of the public and the

a2 Lord Justice Salmon in R vs. Henry & Manning (1969) 53 Crim. App Rep 150, 153 a3 Ntambala Fred vs Uganda, SCCA No 34 ol 2OOS and Basoga Patrick vs. Uganda, Criminal Appeal No. 42 of 2OO2 o \ I media. Legal and media reports are free to publish the intimate details of the victim further exposing the victims to a greater risk of being threatened by the community or the family of the perpetrator.

The Committee observes that the Sexual Offences Bill, 2015 seeks to deal with some of the above issues. For example, the Bill prohibits cross examination of witnesses on their previous sexual behavior, However, the Bill does not adequately address the issue of corroboration of evidence in sexual offences andprotection of victims.

The Conmittee necorrunend.s that,ln consideratl.on o:f the Sexual OlJences Blll" 2075, Parliament should:

i) Completelg rerrun e the requlrernent for corroboration oJ evld.ence in sexurrl otfences ln compllance uith court decisions on the so;me. This ntlll irryrrotre the success rdte oj sexua'l riolence ctr,t es dftd encourage ul*lms to "eport. ii) Include a proutslon that prohlbits the publication of the tnte nc;mes, locdtion and other id.enttfgtng T4formatlon oJ u{.ctims of sexual o:ffences ln thc medla and in coutt record,s ta protect uict,,ns from revlctlnlzatlon

6.2.4.4 Lack of a trIitness Protectlon Law

During the inquiry, there was resounding concern from stakeholders that the legal system does not have provisions that protect the victim and their confidentiality during the justice process. The Committee notes that the absence of a witness protection law deters victims and bystanders from reporting, cooperating with investigations and testifying truthfully in disciplinary proceedings or court, and makes it more likely they will turn "hostile" and retract their earlier statements, contributing to unwarranted acquittals. For example, the case of Musaga Brian, a Lecturer at Makerere University School of statistics who was charged with live cases of indecent assault before the Grade One Magistrate, LDC Court in 2016. One case was

62 a withdrawn because the victim relocated to another country. The second case was dismissed by court for want of prosecution, because the victim suddenly denied knowledge of the facts of the case and refused to answer court summons to testifyaa.

The Committee observes that perpetuators of sexual violence in institutions of learning are usually persons that learners' interface with on a daily basis who wield a 1ot of power, to the extent that they can cause the suspension or expulsion of the learner from the institution. It is therefore imperative that victims and witnesses in sexual offences are secured before, during and after the trial process. This cal only be achieved through a comprehensive witness protection framework.

The Commlltee therelore recommcnds thatGoaernment should urgently table the Wltness Protectlon Blll to secure the dghts dnd dtgftltg oJ u.ritnesses and to ptotect them lrom stt.gmatlzat,.on 6.2.4.5 InadequateCompensatlonforvlctlmg

The Committee noted concernby stakeholders that the legal framework against sexual violence adopts a perpetuator centric approach focusing on punishing the perpetrator and less on the well-being of the victims, yet the victims often require financial support to cope with the debilitating physical and mental health consequences of sexual violence.

The Committee noted that while Section 1298 of the Penal Code Act (as amended) empowers courts to provide compensation to victims of defilement or aggravated defilement, this provision is discretionary and restrictive since it is limited only to defilement cases. In practical terms, the compensation order is superfluous since ttre victim has to wait for the release of a convicted perpetrator from prison after many years before being compensated. This discourages victims of sexual violence from pursuing legal remedies and

44,Su to the Committee by the Directorate of Public Frosecutions

63 instead impels them to negotiate with perpetuators who give them peanuts to settle cases out of court.

The committee observes that while compensation cannot erase the trauma and grief a victim of sexual violence and their family suffers, it is imperative that the victims are given iinancia-l assistance atleast to restore their physical and mental health-

The Commlttee recommend,s that:

f In conslderation of the Sexual OfJences BilL 2OlS, parliamrlnt should incotporate a prottlslon for mandatory cornpeftsatlon o! uictlm.s oJ sexual riolence.SpeciJicallg, lor the education secto", Parllament sltould empou)ercotfts to attach the accnted penstlon or socLal secuti:tg bene;f7ts of perpef;.tatorsto support rictlns of sexirtal abuse.This wlll restore the hope oJ ulctlms, enhance reporting and. deter prospective abusers Jrom engaglng in the uice. il) Gorrcrnmcnt should conslder establlshlng aspecial Fund. lor compensatlon of olctlms oJ sexual vlolence.

6.2.4.6 Inconsistenciee ln the Legal Framework

The Committee noted inconsistencies in the law regarding the age of marriage whichhas encouraged the practice of early marriage of learners which is common in institutions of learning. For instance, section 11 of the customary Marriage (Registration) Act, Cap 248 provides that a customary marriage shall be void if the female party to it has not attained the age of sixteen years which is inconsistent with the consenting age of 18 years set by the Constitution.

The Committee recognizes that the Constitution is the supreme law of Uganda and arry laws that are inconsistent with the constitution are null and void to the extent of the inconsistence. However, the continued presence of inconsistent laws on Ugalda's statute books sends mixed signals and forms a basis for perpetuators to justify their wrongful actions.

64 O The Committee recomtnends that goaernmcttt should ensure tltat Sectlon 77 of the Custotnary Marrlage @eglstratton) Act, Cap 248 and ang other lautsuthich are Tnconslstent uith the Constlttttlon ate deleted. Jrom llganda's sta;Ir.fte books to paae ura.g lor smooth enJorcemcnt of the laut. 6.2.4.7 Absence of Legal Provlslons on Support Services

The Committee noted that while government has made several commitments under various policies to provide support services to victims of sexual violence, the policies are not backed by an enabling legal framework which presents challenges for enforceability. Currently, the provisions of the law, mainly address the legal concerns, while ignoring the medical and psychological aspects of sexual violence on the victims. While the Domestic Violence Act, 201O enshrines a legal framework for victim support and protection, its scope of application is limited to the domestic setting. Institutions of learning therefore have no legal obligation to provide support to victims of sexual violence which partly explains why such services are not provided in most of the institutions. Placement of legal responsibility on government and institutions of learning to provide victim support services, is therefore necessary, to enhance accountability and facilitate the development of standards and harmonized referral pathways.

The Commlttee recommcnd.s that,in conslderatlon of the Sexzorl Olfences Billrz075, Parllament should lnclude a "tred,tment clause' that ntlllndrl,;tes goTEmment to provlde hollsttc support to ttlctlrns oJ sexual tiolence, lncludlng medlcal, lcgal, psgchosocial sentlces. A correspondlng obllgqtlon shouW be imposed on lftstlfuttlons oJ leandng through amendments to the Educatlon Act, 2OO8 and the Unfitersltl and Instltutlons AcL Qr

65 6.3 TOR 3: POLICIES AVAILABLE FOR THE MANAGEMENT AND CONTROL OF SEXUAL VIOLENCE IN UGANDA

The Committee notes that Uganda lacks a specific national policy that protects learners against sexual violence in institutions of learning. However, government has formulated a plethora of policies that can be used to tackle the vice. They include:

6,3,1 Key National Policies

6.3. l. 1 Uganda Vlston 2O4O

Uganda Vision 2040 expresses the aspirations of Ugandans to have access to affordable quality health ald education services, ald commits Government to ensuring that girls are kept in school and improving their completion rates through addressing both institutional, gender and cultural barriers in collaboration with social, cultural and community groups. The Government also undertakes to develop and implement social protection systems to respond to the specific needs of vulnerable groups including children. The Committee notes that sexual violence is a barrier to the attainment of vision 2040.

6.3.L.2 Second Natlonal Development Plan (2O15l 16-2Ot9lZO2Ol

The plan commits government to ensure equitable access to relevant and quality education ald training, and obliges government to develop and implement programmes that ensure a sa-fe, non-violent ald inclusive learning environment in schools.

6.3.2 Education Sectot Policles

6.3,2.1 Educatlon Sector Strateglc Ptan (ESSpl 2OO7 -zOLs

The plan provides for equitabie access to quality education and the development of the Gender in Education Policy to provide strategic direction in the delivery of gender equity, as well as the National Strate$/ for Girls cry1 c 66 Education in order to address the barriers that keep girls out of school including sexual violence.

6.5.2.2 Gender in Education Pollcy, 2O16

The policy draws from the Uganda Gender Policy, 2OO7 which mandates sectors to develop and implement sector specific gender policies with the ultimate goal of promoting gender equalify. The policy was developed in line with the Education Sector Strategic Plan (ESSP 2OO7 -2015) to guide gender mainstreaming in Education and Sports countrywide. Though the policy is not specifically designed to address sexual violence, it contains strategies that can prevent the occurrence of the vice. For example,empowerment of learners through life ski1ls education and guidance and counselling.

6.3.2.3 National Strategy for Glrl'e Educatlon ln Uganda (MGEI l20l4- 20Lgl

The NSGE establishes a national framework for identification, implementation and coordination of interventions designed to narrow the gender gap in education, to accord the girl child the right to equal access to education. The strate$/ recognizes sexual abuse as one of the top most cha-llenges to girl's access to education, and identifies specific interventions to address the problem including, formulating regulations on teenage pregnancies in schools, institutionalizing the roie of the Senior Woman Teacher, and gender training for teachers to deconstruct gender stereot5,?es in schools.

6.3,2.4 Natlonal Strategic Plan on Violence Agalnst Chlldren lnSchools l2ot5-2o2ol The overall goal of the stratery is to ensure that measures are in place to prevent, protect and respond to violence against children in schools. It has specifrc performance indicators on sexual abuse and defilement. The strategic plan is structured in line with the Reporting, Tracking, Referral and Response Guidelines on Violence against C dren in Schools. Q.

67 6.3.2.5 Reporting, Tracking, Referral and Response Guidellnes on Violence agalnst Chlldren in Schools

The guidelines provide reporting, tracking, ald referral pathways and responses that children, teachers, parents, community members and the school administration need to follow when they encounter or are confronted with cases of violence against children including sexual violence.

6.3.3 Gaps ln the Policy f'ramework

6.3.3.1 Lack of a Uniform Definitlon of Sexual Vlolence

The Committee found out that there is lack of a common understanding of the meaning of sexual violence in the education sector. This is evident in the MoES policy documents which contain two disparate definitions. The National Strategic Plan on Violence Against Children in Schools (2OIS-2O2O\ on the one hand defines sexual violence thus;

Ang sental ad (or attempt to obtain a sexual act), urulanted sental comments or aduances, or acts to tralfic a person's sentalitg, using coercion, threats of harm or phgsical force, bg anA person regardless of relationship to the child. This encompasses a range of offences, inctuding completed non-consensual sex acts (i.e. rape), attempted non-consensual sex acts, abusiue sental contact (i.e. untoanted touching| and non-contact sental abuse (e.9. threatened sexual uiolence, exhibitionism, uerbal sexual twrassment). This also includes; the inducement or coercion of a child to engage in ang unlawful or psgchologicallg harmful sexual achuitg, the exploitatiue use of children in prostitution or other unlawful sental practices, and tlte exploitatiue use of children in pornographic performances and materials, and the prouision of gifis especiallg from men to girls or from u)omen to bogs in return for sex.

The Reporting, Tracking, Referral and Response (RTRR) Guidelines on Violence Against Children in Schools on the other hand defines sexual violence as;

68 o The inuoluement of a child in sental actiuitg utith another person that he or slrc does not fullg comprehend, is unable to giue infonned consent to, or for uthich the child is not deuelopmentallg prepared, or else uiolates the latus or social taboos of societA. 77rc uarious fonns of sexual uiolence against children include; uerbalutterances that are sental in nature, touching or fondling the child in a sental manner or being forced to look at sextal scenes (1tomoSraphfi, and stingent gifis especiallg from men to girls or from uomen to bogs in return for sental pleasure.as In the absence of a uniform definition of sexual violence in institutions of Iearning, learners find difliculty identifying conduct that amounts to sexual abuse ald to report the same to the relevant authorities. It also inhibits the development of effective measures for prevention and response to sexual violence when it occurs.

The Committee found out that the forms of sexual violence keep evolving which implies that the definition of sexual violence adopted must be reviewed regularly to ensure that the new dimensions ofthe vice are taken care of.

The Committee theretore recommends tha't MoES should adopt a unl.fonn deflnltlon of sexual vtolence whlch should elaclorntr a:ss all Jonns oJ the aice and ennure tho, schools ha te a clcar understandlng oJ the sanne.

6.3.3.2 Absence of a Speciflc and Comprehensive Pdllcy for Schools

The Committee notes that the existing policies are not comprehensive enough to address the high levels of sexual violence in the country. For example, theRTRR Guidelines which are meant to provide guidance to schools, do not ognize that head teachers and SWT/SMT can be potential perpetuators of sexual violence against learners and hence do not provide procedures for reporting, investigating and resolving cases involving this category of teachers. Yet, the Committee found several cases of sexual abuse of learners by a5Ministry of Education and Sports, May 2014, TrackinE, Referral and Res (RTRR) 6uidelines on Violence Against Children in Schools

69 headteachers and SMTs. For example, headteachers of some schools in Kampala, Busia and Kamuli, were implicated by learners for allegedly abusing them in their oIlices.

The Committee observes that head teachers being the highest authority in schools, have greater mora-l responsibility for protecting children from sexual abuse. Therefore, in instances where the head teacher becomes the perpetrator of sexual abuse, this opens wider spaces for teachers under him or her to emulate his or her actions. The implication is that abuse of children in such an institution would go on unabated.

The Committee further notes that the RTRR Guidelines fall short in providing the procedural guidelines for dealing with, cases of teachers who sexually abuse lea-rners in different schools from those in which they teach. For example, the Committee found a case of a senior two girl at Namasagali College who was raped by a primary school teacher of a private school in Soroti. Such cases tend to go unpunished as neither of the two head teachers is willing to take responsibility for reporting the matter. The guidelines further lack mechanisms for safeguarding learners who report abuse from victimization.

In the absence of proper guidance, schools have resorted to the school rules and regulations and the Teacher's Code of Conduct. The Committee reviewed the school rules and regulations of several schools and found out that they do not adequately address sexual violence. For example, the school rulesand regulations of St. Paul Secondary School Mutolere, Kisoro district,have only one regulation that is connected to sexual violence. Other regu.lations are on totally different issues.

The Commtttee recom;meftds thatMoBS should. in consultatlon urlth the reletnnt stakeholdersgforrnulate a speclfi,c and. comprehensloe pollcg Jor the preaentTon rlnd fiiolnzgement oI sexual uiolence and. holrrasment in schools. The policg should standardize the procedures lor reportlng, o 70 lrunstlgatlng and resolulng sexual uiolence, and should be a.d.opted and lmglemented bg all schools. 6.3.3.3 PoorPollcylmplementation

The Committee found out that several policies which are aimed at addressing sexual violence in the countryremain unheard of at district and school levels. For example, the Committee was informed that the National Strategic Plan on Violence against Children in Schools (2O15-2O2O\, has so far been implemented in only 66 districts across the country targeting only government schools, implying that the tenure of the Policy is likely to end before the same is rolled out to all schools in the country. Similarly, the RTRR Guidelines are not availaLrle in most of the schools that the Committee visited.

The Committee wasinformed that the dissemination of policies in schools remains a challengedue to shortage of funds and, instead schools are required to pick their copies from the MoES headquarters in Kampala.

The Cotntnillee recomm.end.s tlro,t MoES should utillze the admlnlstratlue and communlfg stflrcAffes at distrlct lernl to disseninate la,us and policies on sexua.l ulolence {n schools. Thls shouW be augmented bg tra:lntng oJ schools on the sanne andrregular monltorlng and. superaislon to ensure that the pollc'les are lmplemented.

77 6.4 TOR 4: MEASURES TO ADDRESS SEXLTAMOLENCE WIIEN IT occuRs

Government has established legal, policy and institutional measures for dealing with sexual violence when it occurs. Institutions of learning have also established policies and programs for tackling the vice. These are considered below.

6.4.1 Legal Measures

Sexual violence in institutions of learning is addressed within the overall legal framework that governs education institutions. At primary and secondar5z levels, the key legislation is the Education (Pre-Primary, Primary and post- Primary) Act, 20O8 which consolidates and streamlines a,ll laws relating to the development and regulation of education and training in Uganda.

The Education (Pre-Primary, Frimary and Post-Primary) Act is reinforced by Education Service Act, Education Service Commission Regulations and the Teachers' Professional Code of Conduct, which define the relationship between learners and educators and the disciplinary mechalisms against educators who breach the Professional Code of Conduct. The Teachers' Professional Code of conduct specifically prohibits teachers from having sexual relationships with the learners.

The Universities and Tertiary Institutions Act, 2OO1 regulates the establishment and management of higher education institutions arrd, establishes the National Council for Higher Education (NCHE) to implement the objects of the Act. One of the functions of NCHE is to receive and investigate complaints relating to higher education institutions and, to take appropriate action. This includes investigation of sexual harrasment complaints in higher education institutions.

The above legal framework is augmented by the Penal Code Act, Cap 120 which criminalizes different forms of sexual violence including rape, defilement and

s indecent assault among others and, the Children's Act (as amended) which prohibits all forms of violence against children in al1 settings. Section 5 of the Act obliges any person having custody of a child to protect him or her from violence, abuse and neglect. This includes educators. Section 7 specifically prohibits harmful customary or cultural practices that are detrimental to the child's education and social development.

6.4.2 Policy Measures

At nationa-l policy level, MoES with the support from UNICEF developed the National Strategic Plan on Violence against children in schools, 2O15 which stipulates the national strates/ and action plan for prevention alrd response to vioience against children in schoois. The Plan was preceded by the Reporting, Tracking, Referral and Response (RTRR) Guidelines on Violence against children in schools issued in 2014. The Guidelines streamline the procedures for reporting and response to sexual violence in schools. MoES abridged the Guidelines in a Learner's Booklet for post primary schools and institutions titled "Say No! To Violence".

MoES issued a circular banning all acts of violence against children in schools, institutes and colleges in August 2015 to reinforce the RTRR Guidelines. The circular instructed school administrators (headteachers, college principals, teachers, instructors and tutors) to report all forms of violence in schools to the relevant authorities and, to establish mechanisms for sensitizing learners, parents and staff on existing laws, policies ald the procedures on sexual abuse; to allocate resources to cater for specialized support services for victims, to incorporate life skills development and training in the school curriculum as mechanism for protecting children against violence and to keep stock of all cases of violence against learners and the actions taken against perpetuators among other requirements.

MOES is also implementing the Basic Requirements and Minimum Standards (hereinaJter areferred to as BRMS) for education institutions which among other €

IJ things, provides a framework for addressing violence against children in schools. The BRMS comprises indicators which are intended to ensure safety and security of learners in schools e.g. indicators of physical safety; violence and abuse; school rules and regulations; prevention procedures; mechanism for reporting and responses to cases of violence.

Universities and Tertiary institutions have a-lso established policies to address sexual harrasment and abuse. The Committee visited nine Universities and out of these, it is only Makerere University and Uganda Martyrs University (UMU) that have stand-alone policies against sexual harrasment. The rest, that is; Mbarara University of Science and Technologr, Kabale University, Gulu University, Lira University, Busitema University, Kyambogo University and Islamic University in Uganda, do not have stand-alone policies and address sexual harassment complaints within the framework of the Human Resource Policy, the Gender Policyand, the Student's Rules and Regulations.

6.4.3 Institutional Measures

To give effect to the above laws and policies, Government has established institutional strllctures at national and district level to coordinate responses to violence against learners. At national level, MoES and MGLSD with the support from UNICEF established an Inter-sectoral Committee on Violence Against Children in Schools (lSC VACis). The overall objective of ISC VACis is to galvanize support and provide a multi-sectoral approach to tackling violence against children in Ugalda. The ISC meets on a quarterly basis and, spearheaded the development of the RTRR Guidelines on VACis. MoES has also established a Gender Unit which coordinates the interventions of the ISC VACis.

At the district level, the supervisory and monitoring function of MoES is implemented by the District Education Officers and Inspectors of Schools who are responsible for ensuring that cases of sexual violence are reported to the appropriate authorities and, that disciplinary action is taken against teachers

74 who are found culpable for sexually abusing learners. In addition, the MGLSD has Probation and Social Welfare offices (PSWO) across the country in line with the Children Act Cap 59, and these are responsible for assisting victims of sexual violence in the pursuit for justice and support services. They are also responsible for following up through the justice system, children who are in conflict with the law. The Probation and Social Welfare function is supported by CommunityDevelopment Officers who operate at sub county level.Other key players in addressing violence against children in schools include justice law and order sector institutions such as the police, directorate of public prosecutions and courts of law. The Uganda Police Force, established Child and Family Protection Units at police stations across the country, which work in liaison with the District CID officers to receive, investigate ald refer cases of sexual violence to courts of law. Family and Children Courts established under the Children's Act are equally in force and operational across the country.

The government institutional framework is supported by wide range of Civil Society Organizations (CSOs) and UN Agencies that work in the area of child protection, such as UNICEF. For instance, CSOs have championed the establishment of student 1ed clubs, a mechanism for empowering learners to deal with school-based challenges including sexual violence. The MGLSD in collaboration with Non-Governmental Organizations also set up a Toll-Free Child Helpline 116 (also known as the SAUTI), a telephone service for reporting all forms of child abuse including sexual violence.

At school level, the Committee noted that the schools visited had structures such as the SWT/ SMT who are mandated to detect, receive and report complaints of sexual violence to the appropriate authorities within the school structure and to provide counselling services to victims. In some schools th role of SMT/SWT is augmented by full time counsellors. o'

75 In addition, the schools have established disciplinary structures for resolving complaints of sexual violence. The Disciplinary Committee of the Prefects' body, deals with minor cases involving students while the Disciplinary Committee of the School Management Committee or Board of Governors deals with cases involving staff of the school. Similarly, some universities and tertiary institutions have established disciplinary committees code-named "Sexual Harrasment Committees" which adjudicate complaints relating to sexual harrasment.

The Committee however notes that despite the above measures, sexual violence is on the rise in institutions of learning which points to the ineffectiveness of the existing measures. Some of the issues noted by the Committee are considered in the ensuing section.

6.4.3.1 Low levels of Reportlng

Learners were asked if they had ever reported any cases of sexual violence or harassment to any one in their communities i.e. parents, head teachers, senior male/female teachers etc. The Committee established that 29.4o/o (n=481 ,31.7%(n = 107) and 30.8% (n = 66) of the respondents in primary, secondary and tertiary institutions respectively had ever reported a case of abuse as shown in Table 3. Table 3: Respondents who have ever reported a sexual violence

yes no Total n o/oo;g€; n o/olge

Primary 48 29.4 115 70.6 163

Secondary t07 3t.7 231 68.3 338

Tertiary/University 66 30.8 148 69.2 2t4

76 0 Total ao1 30.9 494 69.1 7t5

The above statistics confirm that there are low levels of reporting in institutrons of learning which has made it difficult to deal \Mith sexual violence. Underreporting is maj orly attributed to ignorance by students of the procedures for reporting, fear of stigmatization and retaliation by perpetuators since most of the university policies do not provide mechanisms for confidential reporting, ald protection of victims and witnesses against retaliation by perpetuators.

The victims are also reluctalt to report because they believe that no action will be taken against the perpetrator since most of the perpetrators are either not punished or they are given lenient punishments. For instance, the Committee received information of a case of attempted rape of a fema-le student of Makerere University by a fourth-year medical student in Mitchell Hall in Aprit 2017. Tl:e case was brought to the attention of the University management, but no action was taken against the perpetuator.

The Committee further noted that even when action is taken against the perpetuator, the decision is not publicized, which gives the victims ald other learners reason to believe that no action was taken. This creates anxiety and speculation amongst members of the general public thus perpetuating the belief that some teachers or lecturers are hntouchable'. For example, during the interaction with MoES, the Committee was informed that the Ministrywas conducting investigations into allegations of sexua-1 misconduct by the former head teacher of Kibuli Secondary School, Mr. Hajji Mugagga. To date, the findings of the investigations have not been published. Sadly, the Committee earnt that the accused headteacher was cleared of all the allegations and redeployed to another school. Similarly, Makerere University has recorded severa.l disciplinary cases of sexual harrasment against lecturers, but the sta of the cases remains unknown n within the University community.

77 The Committee recommcnd.s tho,t:

a) MoES should ensune that tnsfi:fufiions oJ learning estahllsh Whlstle blower Protectlon Policies, as utell as mechanlsms Jor reuard and recognltTon oJ vlcti,rns urho report cases oJ sexual vlolence. Thts uill ftot only encourage reporting, but utlll go a long uag ln dtfustng stiglmatlzatlon of uicttm.s. b) IIIoE.S should. regularlg publish detalls oJ the discipllnary actlons taken against teachers and lecduers uho are Jound guiltg oJ sexual uiolence, This utill restore publlc confidence ln the education sgstem and deter potentlal ahusers Jrom engaglng ln the uice.

6.4.3.2 Absence of a Harmonlzed Pollcy Framenrork forUnlversities and Tertiary lnstltutlons The Committee found out that there is no standardized policy framework for addressing sexual harrasment complaints, in universities and tertiary institutions ald, each institution has been allowed the freedom and flexibility to develop its own policies. This has resulted into inadequate responses and incoherent approaches in dealing with sexual harrasment. For example, while some universities have developed specific policies others are addressing the complaints within the framework of general policies, without due regard to the sensitivity of such cases. The procedures for addressing complaints also va-ry. For example, in Kabale University and MUST, complaints are referred to Sexual Harrasment Committees, yet Makerere University recently removed similar Committees from its policy due to conflict of interest issues. The National Council for Higher Education informed the Committee that it is in the process of formulating Regulations and Guidelines for Higher Education Institutions on sexual harrasment, a process the Committee considers long overdue.

The Comtnittee recomrnends that National Councll Jor Hlgher Educatlon should Jast trrrck the tonnulation of compreheftsite policg guldellnes Jor unfuersltles and I to Joster coherence ln addressing 78 sexua.l hant:stnent ln these lnstltutlons, not later than June 2O79.The atnllablltty oJ policies on sexua.l ha;rr.q.snrr,nt should Jonn part of the IiICHE qualitg a.asurance franneunrk tor llcenslng, routlne monltorlng and audlt of Unluersities and Tertlary instltrttions,

6.4.3.3 Weak Disciplinary Systems The Committee found out that in many cases, disciplinary matters involving teachers on grounds of sexual misconduct at the district and ministry levels, are not concluded and end at interdiction of the perpetuator, essentially because MoES is barred from taking disciplinary action against an abu sive teacher whilecriminal proceedings against the teacher are sti1l ongoing. When criminal proceedings are commenced, the disciplinary proceedings are halted, pending the outcome of the criminal proceedings and any appeal arising therefrom. In the event that the accused teacher is acquitted by court, MoES also clears him or her for redeployment to other schools. The Committee noted that thismodus operandi is rooted in the Education Service Commission Regulations, 20 12 (Regulation 30) and the Public Service Standing Orders, 2010.

The Committee observes that court processes take several years to be concluded and the accused teacher's prospects of being redeployed to other schools or getting employment in a private school remain unscathed. Perpetuators have manipulated the weakness in the current disciplinary system to abuse learners in one school, "disappear", only to "re-appear" as teachers in another school.

addition, many criminal proceedings against teachers have proved unsuccessful due to insufficiency of evidence and, loss of interest in the cases by victims among several other reasons. For example, a case of defilement was filed at Police against the former headteacher of Kibuli Secondary School. The accu sed head teacher was interdicted by MoES in March 2O17 pending the O.

79 conclusion of investigations into the allegations. However, the case was not prosecuted in court due to insufficient evidence.

In alother case, a teacher of St. Jude Primary School, Naguru allegedly defiled a pupil who was also his biological daughter, and was interdicted from duty on 19th September 2016. The teacher was charged in court for aggravated defilement, but the charges were subsequently dropped by the Director of Public Prosecutions and the teacher is slated for reinstatement into service.

The Committee observes that sexual violence is an act of gross professional misconduct and, must be dealt with as such, irrespective of the status or outcome of criminal proceedings. In addition, unlike criminal matters, decisions in disciplinary matters are made on a balance of probabilities and do not require evidence gathered through the police investigation such as the medico-legal evidence. Therefore, there is a higher iikelihood for victims to secure justlce if the disciplinary process is properly managed.

Tlrc Commtltee therefore recomrnend.s that the Educa,tlon Sentice Act and the attendant subsldlary lr,glslatlon should. be amend.ed. for discipllnary proceedings to t.rtn parallel to crlminal proceedings, Thls trill penntt the MoES to dismlss teachers oft the basls of p"olessfond.l mlsconduct irrespectfin of the stafas or outcomc of cr;lmlnal proceedings.

6.4.3.4 Laxity ln Law Enforcement The Committee found out that when cases of sexual violence are reported to District Education Officers, the accused teachers are interdicted and when the dust settles, they are transferred to other schools without a full disciplinary hearing. Even in situations where the teacher is convicted by courts of law, he or she is not dismissed or struck off the register of teachers as required by 1aw but is transferred to another school. For example, the Committee found a case in Rukungiri district of a pupil of Rukondo Primary School, who was defrled by o 80 a teacher and sentenced to 6 years in prison. The teacher served the sentence, was released from prison and redeployed to another school in the same district.

Moreover, even when a teacher has been dismissed from one government school, for sexual violence, the dismissed teacher may still gain employment in a private school since there are no streamlined mechanisms for preventing the recruitment of sexually abusive teachers in private schools. For example, a student noted:

'For the good of the goung generation, Mn Samuel (not real names) of Kabulotnge Demo (Kalungu Dstrict),he tuas preuiouslg a perpetuator of sextal harrasment in mA pimary school, but he taas chased and toent to the aboue school, but please help those primary girls because theg are too Aoung". Student, Kanara Seed Secondary School, Ntoroko.

The Comrnittee relterates lts earller recommcndatlon tha;t MoES should ta,ke sterrn action agatnst petpef,;.tators of sexual ololence ln lnstlttttions oJ learnlng a;nd should flot rnerelg tra;nsfer them to other lnstlttttlons. Teachers uho are found atSta.ble for sexual rnisconducf should haue their teaching lfcenses reooked and thelr nanrtes stt.rtck off the register of teachers. The Connlt1ee Jurther recommends thatffioBS should ma;lnto;ln d dotaba.se on teacher sexudl olfenders andrshould routinelg publlsh nrr.mes oJ teachers lrl.ho are conalcted bg coutt, dismlssed from seralce or remorad lrom the teq.chers reglster on grounds oJ sexual mlsconduc,t, to ensure that theg do not fle-enter the teo,chlttg pro:fession after ser.r lng thelr sentences. pt

81 6.5 TOR 5: MEASURES FOR CREATING AtrIARENESS ON SEXUAL VIOLENCE IN IITSTITUTIONS OF LEARNING

The limited level of awareness about what constitutes sexual violence,the existing laws, policies arrd institutional mechanisms for addressing the vice was widely cited by stakeholders as a key barrier to prevention and response to sexual violence in institutions of learning. Several learners and educators across the educational divide professed that they were not aware of the reporting procedures and the response mechanisms against sexual violence in their institutions. This has greatly contributed to the low levels of reporting, and hindered victims' access to the necessary support services. This section therefore considers the measures in place for raising awareness on sexual violence in institutions of learning.

6.5,1 Policy Measures

TheNational Strategic Plan on Violence Against Children establishes a multi- sectoral awareness strates/ to end violence against children in schools. The key strategic interventions include: a) desigrring and implementing a national violence free schools campaign for primary, secondary farms and technical schools b) strengthening the capacity of existing student 1ed school clubs; and;to facilitate the establishment of peace school clubs in schools where they do not exist, c) to popularize the RTRR guidelines and the child helpline (116) among children and the general public. d) Engage with cultural institutions and community leaders of communities which practice harmful practices against children in particular, female genital mutilation, early and forced marriages, child labour and sexual abuse, to advocate for the abandonment of these practices. e) Promote community ald district level dialogues around the abandonment of harmful practices such as child marriages, FGM, corporal punishment, child labour and sexua-1 abuse.

Other key policy documents include the National Sexuality Education Framework which is intended to prepare learners to manage issues of

a2 o sexuality,the RTRR Guidelines, and the Guidelines to support the formation and strengthening of students' led school clubs as a mechanism for empowering learners to deal with school-based challenges including sexual violence.

In addition, MoES with the support of USAID, designed training materials such as the Journey's handbook which is on building a positive and saJe learning environment, and the learners' booklet on 'Say no to violence against children in schools, intended to empower learners to report sexual violence.

However, as observed earlier, most of the policies instituted by MoES have not yet been rolled out and implemented in all schools in the country due to inadequate funding. The Committee further observed that most of the awareness programs on sexual violence in institutions of learning are implemented by Non-governmenta-1 Organisations ald are limited to the project areas of these orgalizations. fhe Cotntnlttee therefore recomntends that MoES shouldltt'loritize thelrryrlementat lon o.f progralras a;lrn.ed dt c"eatlng d.uta.neness on sexrtal violence ln lnstittrtlons ol learning tn tts budget lor the FY 2O79/2O2O. 6.5.2 Institutional Measures In Schools

The Committee found out that the schools have established both formal and informal mechanisms of creating awareness on sexual violence. For example, all the primary schools the Committee visited have talking compounds and inscriptions on the wa1ls with messages that promote a violence free environment. In addition, some schools are implementing peer to peer mentorship programs and have established child rights clubs with the support of Non-Governmental Organisations to empower learners to report and track cases of sexual violence. For example, FAWEU informed the Committee that:

"through one of our girl rights members, a teacher uttn had deJiled 1O p ol girls u)as reported to Police Kamuli. This case uas

83 folloued up and the calprit utas brought in court. In Bugende, ttuo girl ights club members reported to police a case of a 14-gear old girl ruho utas

being married off and Police interuened in time to stop this marriage and_ the culprit was arrested'a6.

Other platforms used by the schools to create awareness on sexual rriolence include: the chaplaincy and mosques for faith-based institutions,which advise learners to guard against sexually permissive behaviors; parent-Teacher Association (PTA) meetings which are used as a platform to talk to parents and teachers regarding their parental responsibilities; guidance and counselling sessions conducted by SMTs/SWTs, school counsellors arrd matrons on several issues including sexual violence. In addition, some schools such as Mary Hill High School and St. Lawrence Schools and Colleges hire professional counsellors at the beginning and end of every term, to educate and empower students with life skills. In these schools, new students undergo a one weekorientation during which they are educated on various topical issues, including sexual violence.

The Committee further learnt that government institutions have designed specilic prograrns for schools. For example, the Uganda Human Rights Commission has established Human Rights and Peace Clubs, in schools as a strates/ of promoting human rights awareness within the school ald the wider community. The Uganda Police Force also occasiona-lly conducts sensitization progrErms in schools and communities, on human rights and crime.

The abovemeasures are augmented by sensitization campaigns by district leadersin pa-rtnership with Non-Governmental Orgalisations (NGOs). One district ollicial recognized the role of NGOs in sensitizing learners on sexual violence. He stated that:

"Quite a number of efforts haue been made uithin Kamuti. I haue somehou_t isolated mgself to the municipalitg but earlier on I utas utorking with a6 Submission by FAWEU to the Committee dated 14th September, 2018 84 o

() Kamuli district...Houeuer, Aears back, there utas a school in uhich nine girls missed PLE because theg uere pregnant. Thnt uas Nakgaka Primary School. It took mg initiatiue to inuolue Plan, elders including the bishop to go to that place and sensifise members. Afier that, Plon International picked interest in the place. In that place, it utas normal for girls to marrA at the age of 14. We u.tondered about what ue could do. We asked, do ute look for these men and arrest them? We felt tLnt sensitization was a keg issue. We tuent ahead and sensitised this place. The school had onlg 3OO children then. As I talk now, the school has 1,200 and the issue of marriage of under age children is gone". Municipal Education Officer, Kamuli

While the above efforts are laudable, the Committee observes that the sca-le and magrritude of sexual violence in schools wa-rrants the adoption of a more structured, wide spread, continuous and all-inclusive approach of creating awareness on the vice. To be effective and meaningful, awareness programs must adopt a whole school approach that involves a,11 the relevant stal

6.5.3 Measures in Unlversltles and Tertiary Instltutlons In Universities and Tertiary institutions, the imperativeness of creating awareness against sexual harrasment is recognized in the university policies that address sexual harrasment. For example, the Uganda Ma-rtyrs University Policy, apportions the responsibility of disseminating the HIV/AIDS and Sexual Harr nt Policv in the Uni and surrounding communities, to the

85 Implementation Committee. Similarly, in Makerere University, the Directorate of Gender Mainstreaming, is mandated to disseminate the policy and guidelines against sexual harrasment through awareness-raising workshops.

The committee further noted that all the Universities visitedinclude awareness progr€rms on sexua.l harrasment in the orientation of new students and staff. New students are considered most I'ulnerable because they hardly know how to maneuver through university life in general, and how to deal with sexual harassment in particular, The new students are a.lso availed with copies of the university policies and, are sensitized about the reporting channels and procedures. The orientation of students is conducted in conjunction with other relevant stakeholders, including the Police.

To complement the above efforts, some universities such as MUST, UMU, MUK and Kyambogo University are implementing peer to peer mentorship programs where groups of student volunteers mentor fellow students in coping with challenges of campus life, including sexual harrasment.Relatedly, student leaders are a-lso proactively involved in sensitizing fellow students about sexual harassment. For example, the Makerere University and MUST student leaders are actively involved in sensitization campaigns against sexual harrasment both within and outside the university community. Although theseactivities are hampered by inadequate funding, they have been resourceful in increasing awareness about sexual harassment in these Universities.

Other activities mentioned by the Universities inciude, awareness workshops ald seminars spearheaded by civil society Organisations, and production and dissemination of information, education and, communication materials on sexual harrasment i.e. brochures, banners, posters and flyers.

Despite the above measures, the Committee noted that levels of awareness especially regarding the orting channels and procedures on sexual s

Y harrasment in Universities remains 1ow. This is evident in the low leveis of reporting. For example, MUST informed the Committee that they had received and resolved just one case of sexual harassment; Kabale University and Gulu University each reported three cases, Makerere University reported six cases; Busitema University one case; while UMU, Islamic University of Uganda and Lira University indicated they had each not received any case of sexual harrasment, yet interactions with students confirmed that the vice is existent in these Universities. The Committee observed that the awareness programs are implemented on an adhoc basisand, are also limited in scope and coverage therefore they have less, if any impact. For example, the orientation program is a one-off event, it is only for new staff and studentsand, it is not compulsory. The Committee further observed that while student leaders play a crucial role in sensitizing fellow students on sexual harrasment through peer mentorship programs, their role is not recognized and streamlined in the university policy frameworks.

The Conmlttee therelore recomtnend.s thatUnfilersltles and Tertlary instittrtions should; i) Adopt utid.espread and conslsteftt dlrp"odch oJ creatlng du)a;.eness on sexual harrasrnent urlthln ond outsld.e the Unluersltg cornmunitg and should allocote a speciJic budget Jor the some ernry financlal gear. The a raila.btlttg oJ auareness progfia.ms should fortn part ot the NCHE qualitg rlssltra;nce framcuork Jor llcensing, routlne ,noftltor{lng and oudlt of Unitnrsltles and Tertlary lnstifuttlofts. il) Recognize and streamllne therole of the students' bodles ln creating o"wareness on pollcles aga,lnst sexual han'asment. The sfz.tdenls should be adequatelg tra;lfled and facllttated to etJecttuelg atpport ,nanagerrent 7n thts regard. (

87 6.6 TOR 6: PROCEDURES OF RECETVING, INVESTIGATING AITD R"ESOLVING COMPLAINTS OF SE}(I'AI, VIOLENCE IN INSTITUTIONS OF LEARNING

The Committee found that complaints of sexual violence in institutions of learning are handled both administratively within the education sector and through the criminal justice system. The ensuing section elucidates on the procedures of receiving and resolving complaints of sexual violence in institutions of learning.

6.6.1 Administretive Procedures in Universitles and Tertlery Institudons

As already noted, there are no harmonized procedures for receiving, investigating and resolving complaints of sexual harrasment in universities and tertiary institutions. Therefore, each institution has formulated its own policy ald procedures for addressing complaints. The Committee reviewed the policies ald procedures in the universities visited. 6,6.1.1 ReportingProcedures

The Committee notes that reporting procedures for sexual harassment in Universities vary. Some Universities, such as UMU only acknowledge formal reporting procedures, while others such as MUK and MUST,provide for both formal ald informal reporting procedures. The informal reporting process does not entail a disciplinary hearing and, is aimed at reaching an amicable resolution of the matter. Students who utilize the informal reporting process can only pursue minor actions such as a warning or, an apologz by the perpetuator.

Formal complaints on the other hand take on a more complicated process that entails Iiling a written complaint. For example, under the MUK Revised policy and Regulations against Sexual Harassment, 2O18 a formal complaint can be lodged with the Gender mainstreaming Directorate, Directorate of Legal Affairs, University Counselling and Guiding Centre or any persons of authority that the

c 88 victims trust while informal complaints are to be lodged with the student leader, academic or administrative sta-ff for onward transmission to the Directorate of Gender Mainstreaming for recording. Similarly, the Uganda Marty.rs University, HIV and AIDS & Anti-Sexual Harrasment Policy, provides that complaints can be reported to the Director Human Resources, Faculty Deans, Immediate Supervisors, Dean of Students and any other person designated by the Vice Chancellor.In Universities which do not have stand- alone policies such as Kyambogo, Gulu, Lira, Busitema and Islamic University in Uganda, there is no clear framework for reporting, investigating and resolving complaints of sexual harrasment. The Committee was informed that the said Universities, are formulating policies to address sexual harrasment, a process the Committee considers to be long overdue.

The Committee however noted glaring gaps in the reporting frameworksfor the universities, the Committee visited, which discourages students from pursuing formal reporting procedures. For example, some universities such as MUST and UMU, prescribe time frames within which to file a formal complaint of sexual harrasment, an issue the Committee considers unrealistic given that cases are usually reported long after the incident has occurred due to several reasons including the fear, shame and guilt. In addition, most incidents of sexual harrasment happen outside the universities, yet the policies only apply to incidents which happen in the University setting. For example, a student alluded to this gap in the policy framework when she noted that:

"The other thing is thot ue haue thl.s Anti-Sental Harassment Policg and a Committee ot Makerere but one of the problems if has is that it onlg deals u.tith sexual harassment cases tltat haue lnppened uithin the uniuersitg. TheA must haue happened on campus. We haue a lecturer, still in the College o/ Business and Management Studies - mg best fiend is there, and it happened to her. Theg haue this lechrer who knouts that wlrcn le harasses a girl from uithin Makerere, he will be punished. Therefore, uhat he does is he rdllOrOk to meet Aou outside the uniuersitg. You are not going to haue sex

89 inside his office at campus. He takes Aou to a motel or hotel and so mang girls Lwue been uictims of this lecturer", Student, Makerere University.

The Committee further noted that apart fromMakerere University which recently revised it policy to recognize anonymous reporting of complaints, other universities do not recognize such complaints, an issue which was repeatedly cited by stakeholders as a key barrier to reporting. Most of the victims fear to report through the formal channels due to fear of stigmatization. For example, a student noted:

oWe also haue this thing of solidaritg between lecturers. Of course, if I come out and talk about this lecturer u-tho made these sental aduances touLard-s me, uhen he gets punished, his colleagues are going to hate me and. are going to tLaue a bias on me because I made their colleague magbe haue their licence reuoked or something or magbe ttrcA uere suspended. Therefore, if I am in mg second gear, for the nert htto gears at the uniuersitg, I am going to be stigmatised and isolated by the other lecturers because I had their colleague punished".Student, Makerere University.

The Committee noted that universities are reluctant to accept anonymou s complaintsdue to fear that some students may abuse this window to make frivolous ald vexatious claims against lecturers. The committee however observes that given the culture of silence surrounding sexual harrasment in universities, anonymousreporting mechalisms are necessary to provide victims a saJe haven to report. In addition, the Committee noted that in most cases, perpetuators are notoriously known within the university community, and on mere mention of a faculty, college or school,students know who the abuser is. Therefore, anonymous reporting can trigger investigation of suspected abusers.

takeholders further expressed concern that the reporting lines are not clear,and most students do not know where to report. For example, according to the Makerere University Policy, complaints are supposed to be lodged withthe Gender Mainstreaming Directorate, Directorate of Legal Affairs arrd th

90 o b-, University Counselling and Guiding Centre. However, students noted that they do not know where the offices are located, and the offices lack specific desks where students can report. A student noted that:

"The institutions should enact clear references uhere students haue to go and report. For example, in Makerere, there is something colled Makerere Counselling Department but I haue spent tlvee gears here tuitlnut knouing it. It utas recentlg uhen I uas passing bg Mary Stuart hall that I sanu it. Euen in oientation, it doesn't present itself, or come to shout students and make them knout that there is a Department uhere theg can report tLLeir cases. It could be a good reference". Student, Makerere University.

The Committee observed that there is a general belief amongst students that reporting is an exercise in futility, since the few cases which are reported to the University have either been ignored or not investigated to logical conclusion. For example, the Committee learnt of a case of a male lecturer of Makerere University who fondled the bums of a female student as she was climbing stairs. When the student reported the matter to the administration, she was informed that since the lecturer did not have sex with her, the act did not tanta-rnount to sexual harrasmentaT.

The Committee further received information regarding a first-year student of Botany and Zoolory at the College of Natural Sciences, Makerere University who reported a rape case to Wandegeya Poiice Station in March 2016, where she alleged that her lecturer and benefactor, Mr. Chris Bakuneta had sexually assaulted her in the garage-turned-bedroom that he had availed her near his sidence in Quarry Flats. Mr. Chris Bakuneta was charged in court and suspended by the University. The victim lodged a formal complaint to the university in April 2O 16, but to date no conclusive action has been taken

aTlnformation provided by a student of Makerere niversity during the public heaiing held at Parliamen 12 December,2018

91 kr^.--- against the accused lecturera8. The committee was informed that the case against Mr. chris Bakuneta was not investigated to logical conclusion because the University policy and regulations against sexual harrasment prohibited it from proceeding with disciplinary matters which were already in court.

The committee also received information regarding the case of alleged sexual harassment by Brian Musaga, a lecturer in the School of Statistics and Planning in the College of Business and Management Sciences (COBAMS) at Makerere University. The case was reported in July 2017 where six female students alleged that Mr. Musaga sexually harassed and assaulted them in his office after working hours. Mr. Musaga was in charge of examinations in the school, a position that brought him into regular contact with students who had examination-related problems. The university instituted a special committee to investigate the allegations and suspended the accused person. To date, the findings of the investigations have not be publicized+s. 6.6.L.2 InvestigationandResolutlonofComplaints

The committee notes that some universities have established sexual Harrasment Committees to investigate and resolve complaints. For example, MUST and Kabale Universit5z have Standing Committees, while Makerere university recently revised its policy to remove Stalding committees due to conflict of interest issues. According to the revised policy, complaints are now investigated by an Adhoc committee instituted by the Vice chancellor dravrn out of the broader vice chancellors Roster of 1o0 members who are considered to be persons of high integrity, are trained ald sensitized on sexual harrasmentand procedural matters of handling cases.

According to the MUK policy, when the investigations are completed, the written report communicating the committees, recommended verdict,is forwarded to the Vice chalcellor for onward transmission to the relevant a8 Presentation to the Committee bv Makerere Universi Management in a meeting held on 13h December, 2019 4e Ibid CP 92 disciplinary organ for consideration and final determination, as per the established disciplinary procedures. Where the accused person is a staff member, the report is submitted to the Appointments Board, and where the accused is a student, the report is forwarded to the Students Disciplinary Committee. In cases where the accused is neither a student nor a staIf, the report is forwarded to the Centra-1 Malagement for appropriate handling. The penalties for persons found guilty of sexual violence include written warnings, counselling, training, restraining orders, fines of up to two years' salary of a staff, suspension, demotion, dismissal, criminal investigations and prosecution. Similarly, the UMUPolicy requires a recipient of a complaint to investigate and make a recommendation to an appropriate m€rnagement organ. However, the policy is not clear on the possible sanctions against perpetuators of sexual harrasment.

The Committee observed that in most cases, perpetuators get away with lenient punishments,an issue which discourages students from reporting. For example, Kabale University noted that they have so far handled three cases of sexual harrasment where lecturers were found culpable, but none of these cases has culminated into the dismissal of the perpetuators. In one case, a Iecturer was found guilty of undermarking a student with the intention of sexua-lly harrassing her. The Iecturer apologised to the student and was forgiven, so the case was disposed of without further disciplinary salctions against the perpetuator. In another case a fourth-year medical student attempted to rape a female student in Mitchell Ha-11, Makerere University in April 2077 . The case was brought to the attention of management, but no action was taken against the perpetuatorso. In addition, the Committee was dismayed to learn that Makerere University has dismissed only one lecturer for sexual harrasment despite the several cases of sexual harrasment which have been reported to the University management.

s0 I 93 The committee observes that failure to take decisive administrative action against perpetuators of sexual violence, and to publicize the findings of investigations has emboldened perpetuators to engage in repeated acts of sexual harrasment with gross impunity.

In nlew of the abow flnd.lngs, the Commlttee recommcfld.s tholt: l) Unloersltles and. Tertlary Instltutions should take sterrt dlsclplinary action agalnst perpehtators o:f sexua.l ha,rrasment to send a stroftg signal to potential abusers that sex;tal hant'asmcnt ts raot tolerated, In pantlcttlar, Makerere Unitrcrsitg should. lntnedlatelg resuscltate dlsclpllnary proce edlng s ag aln st stalf utho Itaae allegedlg been lnrnlaed. ln sexuallg harassing sllrtdents and should update Parllamcnt on the so;me urlthin one manth, ii) TIE disclpllnary actlons taken bg llniverslties and Tertiary lnstihttions agd,inst perTretuators oJ sexual halro;srrr.ent should be publlclzed withtn the Unfinrsltg com:rrtulrritg and. uictims shoutd. be gloen coples of the dlsclpllnary dec{slons Jor transparencg and. accountahtlttg. iil)Untwrslties and Tertiary llz.stlfufilons slrould lnstoll Jac-iltties Jor .znongmous reportlng to encourdge reporting. These lnclude; hotllnes, suggestion boxes and online reporting anpllcatlons such q.S S.AFE PAL51.

6.6.2 Administratlve Procedures ln Schools and Colleges

The committee observed that the procedures for addressing complaints in schools and colleges are somewhat similar. compiaints are handled at two levels; internally by the school ald at the district level for primary schools and ministry level for secondarJz schools and colleges. However, the Committee noted that there is lack of clarity regarding the severity of the incidents of a t'se" 18

94 sexual violence that are handled at the different levels (school, district or ministry).

At the School Level, the Committee was informed that complaints can be reported to the SMT/SWT, parent, headteacher, class teacher or any other person who the learner trusts. In either case, the person who receives the complaint within the school is supposed to report the case to the Headteacher.

On receipt of the complaint, the headteacher is supposed to forward the matter to the School Disciplinary Committee of the Board of Governors or School Management Committee for disciplinary action if the perpetuator is a staff member of the school, and if the perpetuator is a learner, the headteacher takes disciplinary action against the learner in line with the school rules and regulations.If the case is of a criminal nature, the Headteacher is required to refer the matter to the police.

The Headteacher is required to implement the decision of the disciplinary committee and to communicate the same to theDistrict Education Officer (hereinafter referred to as DEO)or the MoES for any further disciplinary action.On receipt of the complaint, the DEO is expected to investigate the allegations and draft a report, and if the allegation is proven true to report to the District Service Commission for termination of the services of the teachers2.

However, the Committee observesthat,the above step-by-step procedures are not clearly documented in the MoES policies which underscores the need for a comprehensive policy on sexual violence in schools. Other issues noted by the Committee are considered in the ensuing section. 6.6.2.1 trIeaklnstltutlonalstnrcturea

The Committee observes that the administrative structures in schools are too weak to effectively detect and respond to incidents of sexual violence. For example, the Committee noted that SWT and SMTWho are assigned the

s2 Presen tion bv"o\ Moroto District Officials dated 2"d November, 2019 95 responsibility of detecting and reporting sexual violence to the school administration lack a clear understanding of the scope of their roles and responsibilities. Although MoES informed the Committee that SWT/SMT were issued with Terms of Reference, most of the SMT the Committee interfaced with understood their role to be limited to menstrua_1 hygiene, checking for pregnancies and counselling. The Committee was informed that MoES is in the process of developing guidelines to streamline the roles of SWTs/SMTs.

In addition, SWTs/SMTs are not adequately skilled to deal with cases of sexual violence especially those which involve teachers. They find difficulty reporting cases involving senior sta-ff members as this would put them on a collision course with their superiors since they hold junior positions in the school structure.

The Committee further noted that SWTs/ SMTs are overwhelmed with responsibilities since they double as teachers and are required to teach a full schedule of classes while at the same time performing their role. This leaves Iittle room interaction with learners. This is exacerbated by the fact that each school is required to have one SWT/SMT notwithstanding the population of learners in the school. Therefore, in government primary schools where the population is very high, SWT/SMT are unable to meet the individual needs of the learners. The Committee was informed that due to the volume of work, SWT/SMT are assisted by other teachers.

It was noted that most of the schools visited lack facilities for SWT/SMT to meet privately with the learners, and SWTs meet students in the staff room in the presence of other teachers. This puts victims in a precarious position as they are required to narrate their ordeal in the presence of perpetuators or their peers.

The Committee further noted that SWT/SMT are demotivated since the position comes with extra responsibilities but with no extra allowance. The Committee was informed that previously, a SWT/SMT was paid an allowance of Shs.

o 96 360,000 per month but when the salaries were consolidated, the allowance was scrapped.

The Cotnmtttee recofiuflernds that:

l) ItIoE,S should Ja.st track the galdelines Jor streamllnlng the posltion oJ the SWT and SMT tn the scltool sttttcture, not later tlnrr;n Jufte, 2079. The GuideHnes should clearlg define the roles and responslbllllles oI SWT/SfuIT ln regard to dete&lng, reportlng and respond.lng to sexrl,a,l ololence. ll) MoES should reuieut the reportlng lines Jor SWT/SMT ttithin the school stntcfuire with the deut of naletng them lndependent to mitigatc the posslbllTtg of contTlct of tnterest that ls apparent, ln sttuatlozs uhere the perytehtotor is o hlgh-ranlclng school otflctaL l. MoES should cottsld.er an Tncrease ln tlu numher of SWT/SMT ln schools tha.t hue a hlgh population oJ lelrnters,and should ensrtre that schools deslgnate pt-fuate places uhere the SMT/SWT can freelg interact with the leartters. ttl)MoES should prioritize the training ol SWT/SMT on hout to detectand respond to sexual oiolence, ln lts budget Jor the FY 2019/2O2O. ia) Govcrannent should consider relnstatlng the alloutances ot SWT/S,MT ln the Financial Year 2O79/2O to lnce tlulze them to perfonn thelr role effecthnlg.

6.6.2.2 Reluctance by Schools to Report

e Committee found out that there is a general reluctance by schools to report

CASES of sexual violence to the District Education Department or MoES, largely due to the common fear of denting the reputation of the school. The schools prefer to resolve cases of sexual abuse quietly, and rarely take disciplinary action against abusive teachers. For example, the District Education Officers of Kamuli, Ntoroko and Mbarara generally indicated that they get to learn about

f 97 only few 'serious' cases of sexual violence by teachers, such as those which result into pregnancy of a learner.

The practice of covering up sexual violence was evident during the interactions with the management and staff of the schools visited. The school oflicials often denied any knowledge of existence of sexual violence in their schools yet interactions with students revealed that learners were being abused.

Additionally, schools rarely report cases of a criminal nature to police and, some are even not aware about their responsibility to report to police, and have relegated this role to the parents of the victims. For example, the Committee reviewed proceedings of a disciplinar5r meeting of the School Management Committee (SMC) of Kanyantura Primary School, Mbarara district in which a teacher was accused of defiling a pupil. The sMC resolved to suspend a teacher without giving him a proper hearing, since the records do not show that the teacher appeared before the Committee. In addition, the SMC advised the parent to report the case to the police yet it is the responsibility of SMC to report and follow up on such cases with the police which goes to demonstrate that SMCs are not abreast with their role in handling sexual violence matters.

In view of the afore mentioned inadequacies, the Committee is of the considered view that, the suitability of schools to internally resolve cases of sexual violence against teachers should be reexamined.

The Committee thereJore recotntnend.s as follouts:

i) Cases o:f sexu.o,l nlolence agalnst stqlf oJ the scltool should, be exclusivelg handled at dlstrict letnl lor pr.lmary schools and Mlnlstry letnl tor secondary schools and colleges. This tt lll mltlgate the possibllitg of conflict o:f irnterest thoit is apparent ln slfitations uhere the perpeh.ator ts a high-ranking school offic,tal The procedures Jor reterral o.f ccses to the Distr.lct and MoES should be streamllned and. publlcl,zed in alt schools and, colleges.

s 98 ii) ,llfoES should ensure that ChlA Protection Commlttees are establtshed and operatl.onallzed ln q.ll schools to track cases and ensure that theg are reported, Tnuestlgated and resoluedln ad.dltlon, MoES should hc:ntcss Parent Teocher Assoctatlons to repotArand. tollout up on lncldents oJ sefliol riolence in schools. i) llganda Potice torce should strengthen collaboratlon ulth lnstltnt{oas of learning, ln order to eftcourdge learners to rePort directlg to the Police, For example, South Atrica lnplemented a progvam knolzrln as *Adopt-a-Copo uthlch paired each pollce olJicer uith a school ln hls or her Jurisdtctlon to increase uislblfltg and accesslbilitg of Pollce ta the learners. A slmllar P?ogrcrm should be adopted ln Ugandase.

6.6.3 Crlmlnal Processes and Procedures

Sexual violence is a criminal offence punishable by law and therefore complaints thereof are received, investigated and resolved through the criminal justice system like any otfrer criminal offence. The Committee however found several barriers that inhibit victims from pursuing justice through the criminal justice system. The issues highlighted by stakeholders during the inquiry are considered below.

6,6.3.1 Low Levels of Reporting

The Police is usually the first point of contact for victims of sexual violence in the crimina-l justice system and, is responsible for receiving complaints, apprehending perpetuators and conducting criminal investigations for prosecution of the offender. A complaint can be filed by a learner, his or her parent or any other person who has a duty to report sexual abuse.

s3 Sexual Violence by Educators in South African Schools: Gaps in Accountability by the Centre for Applied l,egal Studies and Cornell Law School's Avon Global Center for Women and Justice and rnational Human , 2014 at page 47 . 99 The Committee however noted that the number of cases of sexua,l violence reported to police from institutions of learning, are comparable to a floating iceberg since most of the cases are not reported for various reasons including; fear of being blamed, not believed or otherwise mistreated; scepticism about the integrity and ability of the police to conduct fair, transparent and quality investigations that can result into conviction of the perpetuator; insensitive attitudes of police officers towards victims of sexual violence; and inaccessibility of police stations by victims, especially in rural schools and colleges.

The Committee noted that although every sub-county has atleast one police post, the police posts are few, far apart and are not adequately equipped with staff and resources to serve the needs of the population in an entire sub county. Victims have to walk considerable distances to access a police post and, because the police posts are not well equipped, victims are referred to main police stations which are mostly located in urban areas. police stations are a-lso grossly understaffed and ill-equipped. They do not have specially designated private facilities for reporting cases, and trained personnel for counselling victims of sexual violence. Victims are therefore asked embarrassing questions and, are made to recount their ordeal at the front desk in the presence of strangers.

The Committee observesthat Government of Uganda made a commitment under the Kampala Declaration on Sexual and Gender Based Violence, 2O11, to establish gender desks in institutions where they do not exist and, to allocate a specific budget for the same to facilitate the light against Sexual and Gender Based Violence (SGBV). In response, government set up the Child ald Family Protection Unit within the police in 1998,which are spread out in police stations across the country. However, the units are equally understaffed, underfunded and police ollicers manning the units are not adequately trained to handle sexual violence cases. o

100 The Commlttee thereJore recommends tha;t: li. Parllannent should. d.ppfloprlate a specific hudget Jor the Jull opera.tloftallzatlon of Police Famllg and Child Protectlon Uni* ccross the country,ln the tlnanclal gear 2O79/2O2O. The ttnds should be lnter alla, applTed to trainlng personnel to elJecttvelg opefldte the unlts ond provlsion oJ exclusivelg deslgndted rooms tor the prhncg oJ rrlctims d,s theg lnterJace wlth the Pollce.

6.6.3.2 Mismanagement of Cases

The Committee learnt from a cross section of stakeholders, that police officers have the habit of brokering negotiations between victims and perpetuators, with the view of settling cases of sexual violence out of court in order to shield perpetuators from the law.Stakeholders further stated that it is a standard practice for police to demand for 'facilitation' from victims for transport to apprehend the suspects, and that failure to pay the amount often results into the police abandoning the investigations. These assertionsare evident in the Iaxity by police to apprehend perpetuators of sexua,l violence in schools and the release of suspects from police custody under unclear circumstances. For example, during the visit to Bundibudgro District, the Committee learnt of a case of a girl who was aliegedly dehled by a teacher of Bumadu Primary School in 2016. The teacher was apprehended by the police and released on police bond two days later. However, the teacher absconded and is alleged to have relocated to Bushenyi district. At the time of the visit, the policehad not made any attempt to re-arrest the teacher.

The Committee received information about another case in Kamengo primary ool, Kabarole district where a 14 years old girl in Primary Seven, was def,rled nine times by a teacher (SMT) at the school. The case was reported to police, but the suspect is sti11 at large.In another case, a senior two girl of Namasaga-li College was raped by a primary school teacher who was teaching at a private school il The was apprehended by the police,but was not ql Soroti. teacher

101 arraigned in court. It is alleged that the teacher paid some money to the police and was released on police bond. The teacher absconded ald the poiice could not trace him,since they had not retained a copy of his identity card.

The committee observes that the general indifference by police in apprehending of perpetuators of sexual violence in schools and the unconditional release of suspects on poiice bond discourages victims from pursuing justice against perpetuators and, engenders a culture of impunity that is evident in most institutions of learning.

The C omml{.te e re co mmend s :

l) The Uganda Pollce Force should establlsh functlonal oversight mechanism.s to monltor the progress oJ cases at police stcrtions to ensure tha't theg are properlg handled. Oflicers utho are Jound. cu$table tor mlshandllng cases should be accordinglgdisctpllned ti) MoES should esta.bllsh tnechanisms of monltoring and. tracking the progression oJ sexual utolence cases at poltce, to ensure that theg are properlg hcndled and concluded. tti) The Committee in charge oJ E,ducatton at local gooentmcnt leuel, shouLd be accorded the responsibllttg of supedntendlng oaer sexual ulolence cases lnooltld;ng leanters. This lncludes monitorlng and. Jollout up oJ lnwstlgq.tlons and prosecttttons uith laut enJorcement agencies ln thelr localltg. ft4 The Justice Laut and Order Sector should deuelop ball and. bond guldellnes, to strea;mllne bail and, bond, decision making in the police and the Judiclary respectirnlg,

6.6.3.3 Challenges ln the Forenslc Examinatlon of Victims

Upon making a report, the victim of sexual violence is required to obtain a medical examination form from the police also known as police Form 3 (pF3) in order to be examined by a health practitioner. pF3 is used to document medical evidence of sexual violence while proof of sexuar violence in uganda

102 p v does not entirely depend on medical evidence, PF3 is critical for the successful prosecution of cases since sexual offences usually occur in private and other evidence may not be readily available.

The Committee however noted that PF3 which is used to document medical evidence of sexual violence,is not available in most police stations and police posts especially in rural areas.Victims are therefore required to pay for the form, or to photocopy the samewhich presents a significant hurdle for the victims since photocopying services are not accessible in remote areas. Even when the victims access the medical forms, they do not go to the health centers but use the forms as a bargaining document. As one oflicial stated "they threaten the perpetrator that see, I am from police, if you don't come to talk to me, I am going back to police"s4. To deal with this problem, the police has adopted the practice of escorting the parent and the victim to health centres for medical examination.

The Committee observed that previously, victims of sexual violence especially in rural areas found diffrculty accessing forensic examination due to, the scarcity of medical doctors and police surgeons who were the only medical practitioners mandated by law to fill PF3. However, PF3 was amended to permit clinical officers (formerly medical assistants) and mid-wives to conduct forensic examinations. The new police form has also been designed specifrcally for medical examination of victims of sexual and gender-based violence. While the revision of PF3 is laudable, stakeholders for example in Bundibugro and Ntoroko indicated that victims still frnd difficulty accessing clinical officerswho,are mainly based at Health Center III level yet most health facilities rural areas are still at the level of Health Centre II. In addition, there is limited awareness about the amendments in Police Form 3 and, victims still seek for medical doctors to examine them.

t'District Police Commander, Buny bu District

103 The Committee further noted that medical workers in government health facilities are reluctant to examine victims of sexual violence because of they consider the process of attending court as laborious and costly since they are not adequately facilitated with transport to attend court. Medical workers resent attending court because,they are made to wait for long hours afld lose business as a result; court schedules are unpredictable, with cases often postponed at short notice and long hours of waiting by witnesses who are to give short testimonies. To overcome this challenge, the committee noted that some courts such as Mbale High Court,have adopted a practice of giving priority to medical experts to testify before any other witness,so that their testimonies can be taken without delay.Additiona-11y, medical workers also feel over burdened by the requirement to fi1l two forms, i.e. the medical history and examination form which is ordinarily fil1ed by doctors and pF3.

stakeholders further expressed concern that health centers lack the equipment for testing semen, and basic sundries such as gloves for the examination of victims of sexual violence, which further discourages medical practitioners from examining victims. This is exacerbated by lack of trained and skilled health personnel to handle forensic evidence. This often results into poor quality, forensic examinations, which renders the evidence insufficient to su stain a conviction against a perpetuator. The committee was informed that police, judicial officers and health workers have been trained under the ICGLR Regional rraining Facility to enhance their capacity to conduct forensic examinations and prosecution of cases.

The Committee was further informed that hea,lth providers in government health facilities, charge victims of sexua_l violence a "doctors, fee,, for their services, yet the service is supposed to be free. The Committee noted that health providers are supposed to be paid a sum of Ushs. 2S,OO0 shs. for medical examination under a Justice, Law and Order Sector programme but the payment is often delayed due to bureaucracies. Ther ore, victims are still being charged a fee for such examinations, s under the pretext of

704 D using the money to go to court to give evidence although the court refunds such tran sportation costs.

The Contnittee recommends that:

tl) Uganda Police Force should prtodl:lze tunds Jor the procuretnent oJ prlntlng and photocopging equipment Jor reproduction oJ PFSln the financial gear 2O19/2O2O. In addltlon, the Pollce should. ensure that the forms are accesslble onllne, at pollce statlons and. health Jaclllties across the country. lll)Gor;rntment should e4force exlstlng pollctes to elfrnlnate a'll costs a.ssoclated with reporting ccses o/ sexual vlolence. Thls lncludes costs oJ medical exannlnatlon and repnodu&lon oJ PF3. fq IrE Ministry of Health should uork ln collaboration ulth iasfitntlons under the Justice Laut and Order Sector to streannllne oat e fitanagement procedures Jor clarltg a.nd. better coordlnatlon. Thls includes d.eslgnlflg one comprehensfin medical examlnatlon tonn to ease the uork oJ the health practltloners and to m,lnltnlze the need tor the ulctlms to undergo medlcal exannination trulce. aJ The MoH should priorittze retooling of health Jacllltles across the country ulth post rdlre klts, Jorenslc exanninaiionequlpment and trainlng of mcdlcal personnel in forenslc exa,fitJ.no;tlons utthln its bud.getfor FY 2O79/2O.

6.6.3.4 Low Prosecution Rates

The Committee noted that the ODPP does not maintain disaggregated data of the cases of sexual violence arising from institutions of learning. Accordingly, it was difficult to ascertain the actual conviction rates of perpetuators. However, the Committee noted that the success rate for prosecution of sexua-1 offences is generally very low. Several cases have been withdrawn or dismissed by court due to insufficient evidence arising from poor quality investigations and late reporting by victims. For in ce, the Committee no d that the case of

r05 defilement against the former headteacher of Kibuli Secondary School, was not sanctioned for prosecution due to insufficient evidence, as a result of late reporting and contradictory witness evidence. Another exampie is the case of Mr. Musaga Brian,a lecturer at Makerere University School of Statistics, who was charged with frve cases of indecent assault before the Grade One Magistrate, LDC Court in 2016. One case was withdrawn because the victim relocated to another country. The second case was dismissed by court for want of prosecution because the victim suddenly denied knowledge of the facts of the case and refused to answer court summons to testify. Three cases are still pending in court for judgementss.

Additionally, the Committee noted that parents of victims,and victims,often collude with perpetuators to withdraw from the criminal proceedings and settle cases out of court, in exchange for money or in the hope that the perpetuator will marry the victim. A district official noted:

" When the case is reported to police, especiallg defilement, as police is trying to handle the case, gou jind people going doutn and carrying out negotiations in uillages. Should gou by bad luck fail to get the suspect in time, gou onlg realise the complainant or relatiues of the uictim telting gou ttrc suspect is not there. Theg keep telling gou the suspect is not there onlg to realise these people haue settled their issues down there and_ gou are lefi here uith the file. Bg the time Aou try to follow up, it is too late',. District Police OIIicer, Bunyangabu.

The Committee further noted that some parents even go to great length to conceal birth certificates of their children in defilement and early marriage cases, with the intention of shielding perpetuators from the law. yet, besides birth certificates, the country lacks scientific means of proving the age of the victim. This has frustrated prosecution of several cases since the success of defilement cases depends on proof of age of a victim.This challenge was mainly ss Presentation to the Committee by the Office ofthe D of Public Prosecutions on 11th October, 2018

106 D cited in the districts of Ntoroko, Bundibudryo, Bunyangabu, Mbarara and Nakaseke where cases of early marriages are rampant. In such situations, the ODPP is forced to withdraw the case leaving the perpetuator to go scot free.

The Committee further established that some Resident State Attorneys are complicit in handling cases of sexual violence, which has partly contributed to the low case attrition rates. For example, the Committee learnt of a case of defilement of a pupil of Lwanda Primary School in Jinja District by a teacher. The case file was forwarded to the Resident State Attorney (RSSA) of Jinja for Iegal advice. However, the file was returned to police with instructions that "close and put away, that the complainant together with the victim appeared before the RSSA and withdrew the case against the suspect".

In another case, a pupil ofKibale Primary School, Rukungiri district, was dehled and impregnated by a teacher. The matter was reported to police and the accused person arrested. However, the state attorney refused to sanction the fiie on ground that he had received information from the wife of the accused that the accused had previously undergone a vasectomy ald was therefore incapable of fathering a child. The State Attorney advised the police to wait for the child to give birth so that a DNA test can be conducted to establish the paternity of the child.

The above cases demonstrate the abuse of prosecutorial discretion which is bestowed upon the Directorate of Public Prosecutions by the Constitution. While the Committee was informed that the ODPP follows established guidelines in deciding whether or not to prosecute, the situation on ground tells of a story of abuse of prosecutorial powers by Resident State Attorneys.

The Committee observes that there is need for accountability either by disciplinary action or crimina-l prosecution of prosecutors who misuse their power, and, discretion to discontinue investigations or prosecution without sufficient legal basis.

t07 The Commilttee recommends that:

l) ODW should estahlish Junctlonal olersigh,t tnecho;nlsms to monttot the exerctse of prosecutorlal pouters bg lts olflcers especlallg ln reglonal otftces. OffTcers who are Jound, culpable Jor mishandltng cases should be accordlnglg dtsciplined, tl) The Constlfr.ttlon should be amend,ed. so that the Dpp ntag not dlscontinue crlninal prosecttton in capttal oJfences such cs defllement, except utlth the pennisslon of courl. iii)Parents of ntctlms oJ sexual ololence uho eonceal euldence and. collude wlth perpetuators to deJeat the ends oJ fitstlceare aacompllces ln crimc. Pollce should thereJore anest and prosedtte them to deter others frotn engaging ln the practice.

6.6.3.5 Protracted Investlgatlons and Court Trlals

The Committee noted that there are usually inordinate delays between the time the incident is reported to police, arld the commencement of the trial, due to the several factors including the difficulty in tracing perpetuators and witnesses, delays in conducting forensic examination of victims ald analysis of forensic evidence, delays in sanctioning files by the Directorate of public Prosecutions due to insufficient evidence arnong other issues.

In addition, criminal trials last for several years because, court sessions are held intermittently and there can be numerous adjournments occasioned by the incomplete police investigations, adjournments sought by defense counsel, the prosecution, or the officers of the court. yet, in most cases, victims especia-lly in rural schools and colleges,have to travel iong distances to access the courts. Sexual violence is a capital offence which is triable by the High Court, yet most districts do not have High Court Circuits and victims have to travel long distances to where the High Court is based or to wait for High Court sessions which are held intermittently. For instance, cases in Bundibudgro are

108 handled by the High court in Fort portai while cases in Pader are handled by the High Court in Gulu.

The Committee observes that delays in conducting investigations and court trialsnot only deprives victims of justice,but a-lso makes the victims and their families further susceptible to pressures from the accused to withdraw from the proceedings and, settle the matters out of court.

The Committee further observes that government made a commitment under the Kampala Declaration, to establish and strengthen special courts, sessions and procedures to fast-track SGBV cases in the police and judiciary. The Committee noted that the judiciary dedicated the period October to December 2018 specifically for handling sexual offence cases across the country. While these efforts are laudable, the Committee is of the considered view that there is need for specialized courts dedicated to sexual offence cases. Research from countries like South Africa which have a high prevalence rate of sexual violence, shows that specialized courts are instrumental in reducing the cycle time for disposal of sexual violence cases and increasing the conviction rate of sexual offenderss6.

Tlu Colmtnlltee theretore recommends tha;t.

l) Gouentmrat fast tracks the establlshment oJ speclallzed S'GBV coarts acrross the country to tacllttate the exped.ltlous d.lsposal ol sexual uTolence cases. 77) In conslderatlon oJ tlu Sexual OlJences Blll 2015, Parllament should prescrlbe a tlmcframe withln ll;.hich coutts sltould dlspose oJ cases oJ sexual tlolence, as ls the case ln the Chlldren's Actruthich presctlbes a tlme frame for dlsposal o.f cases lnrnlvlng Jurrenlle o;ffenders.

s6Report on Sexual Offences Against Children: Does the Criminal Justice System Protect Children?.o{ South African Human Rights Commission, April 2002, Page 25 109 6.6.3.6 UnfriendlyCourtEnvlronments

The Committee noted that the court environment is often traumatizing for victims, as most courts lack faciiities that allow the victims to testify outside the court room, behind a screen or by video. In most cases, the proceedings are held in open court, thus placing the accused directly in front of the victim, which creates arr environment of intimidation for the victim and her family by the perpetuator. In a bid to protect witnesses and minimize secondar5r victimization, the committee was informed that the judiciary has introduced the taking of evidence by Audio-Visual link, a procedure that involves witnesses and perpetuators being in different rooms at a time of the trial, while their evidence is being taken. The equipment has been installed in only seven high court divisions and circuits of Kampala, Makindye, Mba1e, Mbarara, Gulu, Arua and Fort portal due to inadequate funds.

The Committee recomtnends that Goterament should allocate ddequate ?esources to the Judlctary ln the Fy 2O19/2O to improue tts ICT tn:frasttttdure and. scale up the lnstollation oJ audlo-nlsual equtpnent ln all courts to tlrolce the a.lminal Justlce sgstem more uicttm-frlendlg.

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110

,l 6.7 TOR. 7z SUPPORT SERVICES ACCORDED TO VICTIMS oF SEXUALVIOLENCE.

As already noted, sexual violence is a traumatic experience, which often results into permalent physicai and mental injury that affects the learner's entire life. It is therefore imperative, that, survivors have timely and continuous access to a continuum of support services including medical services, psychosocial support, legal assistance, and social reintegration and rehabilitation services to ameliorate the traumatic effects of the experience. This section therefore appraises thesupport services accorded to victims of sexual violence in institutions of learning.

6.7.1 National Pollcy Imperatives

The Committee notes that Government is committed under various policies to provide support services to victims of sexual and gender-based violence. The overarching framework in this regard is, the National Policy on Elimination of Gender Based Violence, 2016, which requires government to: establish emergency shelters;create assistance services at police stations, hospitals, schools, neighborhoods and communities; provide timely medical services including Emergency Contraceptives (EC), Post Exposure Prophylaxis and Sexually Transmitted Infection treatment among others; and strengthen the law enforcement procedures to enhance timely access to justice; establish and strengthen psychosocial services for victims; support initiatives for economic empowerment and improving livelihoods of survivors; and establish and strengthenGBV referral pathways and link survivors to referral services within their communities.

line with the above policy imperatives, the Ministry of Health has established Manual on Clinical Management of Sexual and Gender Based Violence Survivors, and a Policy of administering PEP to rape and defilement victims while the Ministry of Gender Labor and Social Development has formulated National Guidelines for the Provision of Psychosocial Support for Gender Based o' 111 Violence Victims/ Survivors, 2016 and the Guidelines on the Establishment and Management of Gender Based Violence Shelters in Uga:nda, 2013.

The RTRR Guidelines further outline the support services that schools, and other key players are required to provide to victims of sexual violence within and outside the school environment. These include: medical treatment for physical injuries, and PEP to reduce the risk of the child contracting HIV/AIDS, transport costs to court and escorting victims to court, among others. It is evident from the guidelines, that the provision of support services to victims of sexual violence in institutions of learning, is a multi-sectoral issue that involves parents, school authorities and the relevant government ministries.

However as earlier noted the above policies are not backed by legal obligations, which makes provision of the services dependent on the benevolence of the responsible actors. This potentially means, that there is lack of accountability and responsibility by a-ny sector for providing support services to learners who experience sexual vlolence in institutions of learning.

6.7.2 Support Servlces Accorded to Vlctime 6.7.2.1 Medlco-LegalSenrlces

Sexual violence is associated with a wide range of health consequences for the victim including physical injuries; pregnancy; STIs, HIV and hepatitis B; and psychological trauma among others. Yet some of these effects can be prevented if the victim reports to a medical facility within tine 72 hours ,window of opportunity', for forensic examination and medical management where they are given Post Exposure Prophylaxis (PEP) to prevent HIV and Emergency Contraceptives to prevent unwanted pregnancies.

The committee found out that medical facilities exist both within and outside the universities visited which provide medical services to victims of sexual harrasment. For example, Makerere University refers to the Universitv

t12 a Hospital which is a few meters outside the University, Lira University has a teaching hospital and while Gulu University refers cases to Gulu Regional Hospital which is also in close proximity to the University. In addition, most of the universities visited, have counseiling units that provide free counselling services to students with sexually related problems. In terms of legal support, the universities visited have police units within their perimeters where students can report cases of sexual harrasment and abuse.

Unlike universities, most of the schools are located far away from health facilities and do not have in-house facilities for providing support to victims of sexual violence. The school structures such as the school nurse, matron, SWT/SMT do not have the requisite capacity to provide medical and psychosocial support to victims of sexual violence. At most, victims are given first aid ald sent home, or they are referred to health facilities for further medical management.

The Committee however noted that most victims of sexual violence do not access medica-l services in time and those who access the services do so with a lot of difficulty.The factors that impede access to medical services by victims are considered in the ensuing section.

a) Limlted knowledge of existlng medlcal eeruices

The Committee found out that most victims of sexual violence in institutions of learning are ignorant about the existence of post sexual assault services in health facilities, the procedures to be followed after sexual assault (i.e. not washing and keeping clothes); and the 72 hours kindow of opportunity' for medical attention ald forensic examination. Therefore, victims of sexual violence who report to health facilities for medical assistance do so after several months or even years after sexual assault when it is too late for them to benefit from emergency medical services such as PEP and EC.

0

113 The Committee thus found several cases of learners who have contracted HIV/AIDS arld gotten pregnant as a result of sexual violence. For example,one student informed the Committee that:

"Me I tuas defiled when I was still a Aoung @rl of 11 gears bg a man of 30 gears in Nebbi toun. Since then I haue not told anyone. Worst of alt, the man u)as ramored to be HIV positiue, nou_t I am also positiue but not on drugs yet". (Student of Ediofe Girls Secondary School, Arua district)

The Committee was informed that MoH with the support of the World Health Organization printed booklets and brochures to guide victims on the steps to take after sexual assault. However, the Committee did not find thesematerialsin the institutions of learning visited.

The Commlttee recomtnends that MoBsshould utork ln collaboratlon urlth the Mtni.stry of Health to dlsttibute sexua,l assolu'lt lnfonnatlon klts in t tstitufions oI lerrrnln:g, to lncrea"se autdreness about post sexuo'l anssolult procedures and senices.

bl Reporting as a Precondltlon for Accesslng Services

The Committee noted that victims of sexual violence are required to report cases of sexual violence to the police in order to secure pF 3, before they can proceed for medical examination where they can access emergency seryices such as PEP and EC. Yet, given the trauma and other barriers, victims are often not in position to report to the police immediately after the incident. This also implies that victims who wish to access medical treatment without pursuing legal action against perpetuators are deprived of access to medical treatment.

The Committee observes that given the nature of emergencymedical treatment, it should be rendered without delay ald should, as far as possible, avoid bureaucratic requirements. Access to medical treatment ld therefore not be preconditioned on reporting to the police.

t14 b The Comnlttee recomm.ends tlut MoH should hold a Jotnt meetlng ulth the JLOSto out modqllties of enatrlng that victhns oJ sexaal vlolence dccess lmedical ccr?e as a. m.atter ol prlodtg.

c) Absence of Medical Services in Health Facilities

The Committee noted from submissions of stakeholders that Post Exposure Prophylaxis (PEP) treatment for prevention of HIV and Emergency Contraceptives for pregnancy, €rre not available in some health facilities particularly Health Centers II which are located in remote areas. In addition, some health centers do not have personnel at the 1eve1 of clinical officers, who are mandated to examine victims of sexual violence and, where they exist, they a-re not professionaliy skilled in medico-lega1 examination of victims of sexual violence. This problem was mainly cited in the hard to reach areas of Bundibudg,o and Ntoroko.

The Commlttee recofi,rnrnds that:

a) frIoH slauld. prtorltlze the recfltltfiEnt of health utorkers especla.llg in upcountry health Jac'llities to treat sexual tloleftce tlctlms,Tn the budgetfor the FY 2O79/2O b) MoES slnould uork ln colla,boratlon urtth the IfioE to detrelop professionallg qccredlted tra:lftlng prognamrrtes tor health personnel on the trea,tment oJ rrlcti,ms of rape/sexrtal assault; mc.dlco-legal documentatlory court. rootn appearancel and the psgchologlcal consequences oJ rape/sexudl d.ssdult.

c) Lack of Follow upMechanisms

As a-lready noted, when school girls get pregnant, the school reacts by expelling them from the school to absolve itself from liability. The child is left in the hands of parents who at times excommunicate her from the family leaving her destitute. Once the pregnant gir has dropped out of school, the school c)

115 administration does not bother following up to establish the whereabouts of the child or how she is coping with the situation.

The Committee found out that while DEO's the Committee interacted with had information on the number of schools and their registered students, they did not have statistical informationon the number of students who drop out of the school system as a result of sexual violence, which further demonstrates the absence of a fo11ow up mechanism on victims of sexual violence.

The Commll:tee recornmend.s that MoES should naintaln a d.ottahase o! learners uho drop out of school as a result o.f sexuo,l ololence and, should d.eslgn mechanlsms Jor lollouing up oft the learrters to ens:.tre that theg haue access to suppott sernices,

d) The lIeed for Integrated Servlce Provlslon

The Committee observed that the processes and procedures for accessing medical services support services are uncoordinated, unnecessarily lengthy and overly bureaucratic. For example, there is duplicity of procedures as victims are required to report to the police to record a statement arrd to the health care facility for medical examination which are often distances apart. This implies that victims have to contend with the unpleasantness of recounting their experiences to several service providers as they interface with the health and justice systems.

The Committee notes,that establishing common procedures across health and justice sectors, could potentially improve linkages between the two sectors and, ease access to services by victims. The ideal is that the medico-legal and the health services are provided simultaneously, that is, at the same time, in the same location and preferably by the same health practitionersT.

A number of countries have adopted an integrated service provision model to ease access to support services by victims of sexual violence and protec

5TWHO Guidelines for medico-legal care for victims of sexual violence

116 o victims from secondary victimization. One of the popular models is the "one stop center" where victims can access services under one roof. For example, the Thuthuzela Care Centers in South Africa are located in public hospitals and offer a wide range of services including medical, legal, and psychosocial support to victims of sexual violence. The centers are directly linked to a specialized court that tries sexual violence cases to support speedier, more sensitive and effective prosecutionsss.

Another model is one that functions as a system of established referral networks rather than a single physical entityse. Though the services may not be available at one physical location, linkages are created to enable quick and coordinated access to a rarlge of support services. This model is recommended for low income settings which may not have the resources to establish ald maintain 'one stop centers'60.

The Committee observes, that government made a commitment under the 2011 Kampala Declaration on Sexual ald Gender Based Violence (SGBV) to establish Recovery Centers for victims of Sexual and Gender Based Violence within the next two years of the Summit and Special Session on SGBV. The Commlttee theretore recontmend.s that gorrernment fast trrr.cks the estahlishment oJ Recouery Centers Jor tld,ctlms of sexual ololence dcrross the country 7n o phased ,r.annlner elJectiw the financla,l gear 2O2O/2O27. 6.7.2,2 InadequatePsychosoclalServlces As already noted, psychosocial support to victims of sexual violence in Universities, is provided by University counsellors while in schools, by the school matron or SWT/SMT.However, the Committee noted that,the provision of psychosocial services is not streamlined within institutions of learning and, t'Report on Sexua-l Offences Against Children: Does the Criminal Justice System Protect Children? South African Human Rights Commission, April2OO2, Page 2 se Lauren Harris, Julie Freccero, Sexual Violence: Medical and Psychosocia-l Support, a Working Paper of the Sexual Violence & Accountability, Project Human Rights Cen ty of California, Berkeley May,2Oll, 14. HH,T"'

777 the services are provided on an adhoc and voluntary basis. For example, the University Counsellor for UMU, is only available on Wednesdays while in schools, the services are provided by the SWT/SMT whoare not adequately trained to meet the psychologicaland mental health needs of the victims. In most cases, victims have to consult service providers outside the school or campus.

The Committee further noted that the provision of psychosocial and mental health care, is not recognized in most health facilities as a core part of primary health care of victims of sexual violence. when victims are medically examined by health workers, they are often sent away or referred to Non- Governmental Organizations for psychosocial care. The Committee notes that while Non- Governmental Organizations have played a crucial role in the provision of counselling and therapeutic services to victims of sexual violence, the Committee observed that they are challenged by a lack of resources and longterm sustainability issues.

The committee observes that health care practitioners are strategically positioned to assist victims of sexual violence as they are usually the first point of contact in different stages ofthe violence cycle and its outcomes.

The Comtnlttee recornmend.s tho,t:

l) IttoE should allocate qrecific Jands Jor tralnlng of health care prastitioners to proaide comprehensiue hea,lth care serulces Jor nlctims of sexual ulolence lncludlng counselllng and other therapeutic seraices tn the EY 2O79/ZOZO, tl) MoES should. streamline the provlslon of psgchosocial seralces in ltnstifz.ftTons oJ lr,antlng and, should. prioritize resources for calrdcitg bullding of SWT/SMT, school mo:trofts and counsellors to elfecttuelg prouide the srr.me to olctlms of sexual oiolence.

0 118 6,7.2.3 Inadequate Legal Support

The Committee found out that while the RTRR Guidelines require schools to provide legal support to vlctims of sexual violence, in most of the cases victims are not provided with any form of legal support by their institutions and, are left to file complaints with the police and to testify in court unaccompanied. Even when the casesare filed with the police, institutions of learning do not bother following up on the same,to ensure that they are processed and concluded through the criminal justice system. Instead, this function is relegated to parents and victims who end up abandoning the cases, or negotiating with the perpetuators to settle matters out of court. For example, at its interaction with Makerere University, management of the university professed ignoralce of the status of the sexual harrasment cases f,rled by its students in court, an indicator that the University does not follow up on such cases,

The Committee further found out that there is no effective referra-l system and coordination at the district level,between institutions of learning, district education department, police and the probation and social welfare ollices in responding to incidents of sexual violence that occur in institutions of learning.This lack of coordination was apparent during the Committee's interaction with the district offrcia-ls of Rukungiri, Mbarara, Ntoroko, Bundibudryo, Kamuli. The district officials expressed concern that they are not informed about cases of defrlement which are reported to Police,which inhibits their capability to; take appropriate disciplinary actions against perpetuators,provide victim support and follow up on cases.

Committee further observes that the child protection institutions at the district level are grossly understalfed and underfunded, which has greatly contributed to the inadequate response to incidents of sexual violence that occur in institutions of learning. For example, DEOs and Inspectors of schools are unable to effectively monitor ald inspect schools, due to human resource Qr 179 constraints arrd logistical challenges, which limits their capability to identify abusive school environments and take appropriate actions. The capacity of Police to apprehend perpetuators and investigate, is equally constrained and it is now a standard practice for police to demald for money for fuel to apprehend criminals and photocopying of Police Forms. The probation ald Social Welfare Office which is mandated to follow up on cases of sexual violence and counsel victims, is equally grappling with human resource and Iinancia-l challenges.

The Commtttee recotn neftds tho:t:

fl MoES should u;olk in colla.horation wtth the MoGI-SD, pollce o:nd. other fustlce dispenslng agenclesrto estahlish a coherent reJerral sgstem to ensure that learners who a"e sexuallg a.bused receirrc co mp r e he nsite supp ort seraice s. tl) The Ctotrcrnmcnt should. prtoritlze tundtng for strengthening the capadfu of child. protectlon instlttttions at the dlstr.i;ct and louter local gooernment levels to engender a comprehensitre response to sexual uiolence ln lnstitrttflons o! learning. 6.7.2.4 InadequateTemporeryShelters

Given the traumatic effects of sexual violence, it is necessary that victims are isolated from the perpetrators, and an environment which reminds them of their ordeal. The committee however noted that the country lacks shelters to accommodate victims, for counseling alld monitoring of their progress a-fter the ordeal. currently there are only 17 operational shelters spread out across the country which are all managed by Non-Governmental Organizations. As a result, victims of sexual violence are temporarily held at police stations where they reside with suspected offenders subjecting them to secondary victimiza

720 The Cotnlmlltee recommends tho:t @uentmcnt should lulfill lts comtnltntr'nt under the exlstlng policles to proulde temporqry shelters to victlms oJ sexual aiolence ln a phased. ,rta;nner elJecltw FY 2O2O/2O27.

7 COIIICLUSTON

The Committee concludes from its findings that sexual violence is prevalent in institutions of learning in Uganda, though the actual prevalence of the vice in the country is dillicult to determine as many of the cases are never reported. The vice is majorly perpetuated by male teachers and lecturers and, male learners, against female learners. However, male learners too are vulnerable though most of them do not report due to gender stereot)?es that are prevalent in the Ugaldan society. Sexual violence permeates every facet of a learners'life, impacting not only their education, but also their physical and mental health. This vice is caused by a myriad of factors ranging from social, cultural, economic, institutiona-l to environmental factors. However, the Committee findings indicate that poverty and moral degeneration are the key driving factors for the vice. Therefore, Government efforts should be directed towards tackling the root causes of the vice to mitigate its occurrence.

As stated in this report, while the government has undertaken legislative, policy and institutional measures to address this problem, gaps and deficiencies remain within the current framework. As a result, the current system does not sufliciently protect learners from continued sexual abuse. This situation is compounded by the culture of silence and impunity surrounding sexual abuse that discourages learners from reporting. In the few cases where earners report sexual abuse, they confront powerful obstacles to achieving administrative and legal redress. In addition, learners who are sexually abused do not have access to the necessary support services due to inherent barriers in the health and lega1 systems. The Committee hopes that this report and the recommendations it offers will contribute to addressing these obstacles and €(

127 eliminating the scourge of sexua-l violence from institutions of learning in the country.

Rt. Hon Speaker, I beg to nove,

I

p

t22 8 A"T5NEXES

ANNEX 1: LIST OF STAKEHOLDERS WIIO INTERFACED WITH THE COMMITTEE AND SUBMITTED WRIT"TEN MEMORANDA No Nature of Instltutlon Stakeholders

1 Government Institutions a) Ministry of Gender, Labor and Sociai Development b) Ministry of Education and Sports c) Ministry of Justice and Constitutional Affairs d) Ministry of Health e) Uganda Police Force fl Uganda Law Reform Commission g) Uganda Human Rights Commission h) Directorate of Public Prosecutions i) Judiciary j) Uganda Prisons Services k) National Council for Higher Education 2 Professional Bodies ald a) Uganda Law Society Associations b) Uganda National Students Association c) Uganda Journalists Association d) National Association of Women Judges e) Uganda Medical Association f) Uganda Women Parliamentary Association g) Uganda Parliamentary Forum for Children J Religious institutions a) Uganda Joint Christian Council b) Uganda Muslim Supreme Council s Council 2)u'lnter-Religiou

123 4 Civil Society a) Akina Mama Wa Afrika Organisations b) Rehabilitation Centre for Victims of Domestic and Sexua] Violence in Uganda c) Forum for Africa Women Educationists (FAwEU) d) ACORD e) Child Fund f) Raising Voices g) Plan International h) CEDOVTP i) RestlessDevelopment j) The Bahai Faith k) Save the Children 1) ANPCCAN m) FIDA (U) n) MIFUMI o) Compassionlnternational p) Forum for Education NGOs (FENU) q) Nambi Children's Initiative 5 Academia a) Uganda National Academy of Sciences

6 Individuals a) Hon. Anne Adeke Ebaju b) Hon. Veronica Isala Eragu c) Mr. Egesa Ronald

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124 ANNE;K 2: LIST OF WITNESSES WHO ATTENDED THt PUBLIC HEARING

No. Neme Designetion/ Instltutlon

1 Nuwampagira Danton GRC BASS MUK 2 Lubega Pius GRC MUK D Natasha Olive Kiwanuka Publicity, MUK SWGs 4 Kikomeko Ian Makerere 5 Male Elij ah Social Worker 6 Sseninde Aloysious Teacher ald youth Counselor 7 Nnanono Anastasia Makerere University

B Ruth Sseninde Administrator I Akampamya Sheba GRC Makerere 10. Kyelrrne lvan Gender Minister MUK 11. Nsaba Lisa Press t2. Mukisa Joel MUK 13. Kahunde Erina Joy for Children 74. Niwagaba Ronah Joy for Children 15. Gumisiriza Godfrev Joy for Children t6. Nurah Shariff UNFP t7. Oketcho Emmanuel GRC MUK 18. Racheal Monica Achen Programs Lead Safe Pal (UNFP) 19. Emmanuel Kateregga Communication (SAFEPAL) UNFP 20. Kagere Dianah CEDOVIP National Program Officer 2l Diana Nansumba Counselor CEDVOIP

t25 ANNEX 3: LIST OF DISTRICTS AND INSTITUTIONS OF. LEI|RNTNG VISITED BY THE COMMITTEE Reglon IXlrtricts vlclted Instltutlons Vtctted

Central Nakaseke Ngoma Primary school

St. Lawrence Citizens High School (Horizon Wakiso Campus)

Kampala Nateete Muslim Primary school

Kibuli SS

Kyambogo University

Makerere University Kampala

South Western Hoima Bulera Teacher's College

Kibale Kibogo Primary School

Kabarole Kamabale Primary School

Bunyangabu Kibito Secondary School

Kasese Bwera Primary Teachers College

Ntoroko Ntoroko Primary School

Kanara Seed School

Bundibugzo Bubukwanga SS

Northern Lira Lira University

Lira Central Primary School

Pader Paiula Primary School

(g-^alA 126 L^ Gulu Gulu University

Adjumani Adjumali Secondary school

Arua Ediofe Girls secondary School

Eastern Jinja Spire Road Primary School

Kamuli Kamuli Girls College

Busia Bu sitema Universitv

Busitema College Primary School

Mbale Islamic University in Uganda

Serere Serere Secondary School

Moroto Moroto Municipal Council Primary School

Western and Mpigr Uganda Marty's University Nkozi South Western

Mbarara Mbarara University of Science and Technolory

Mary Hill High School

Rukungiri Kebisoni Progressive Primary School

Kabale Kabale University

Kisoro St. Paul Mutolere Senior Secondary School

Q,

127 ANNEX 4: LIST OF STAKEHOLDERS IN INSTITUTIONS OF LEARNING AND DISTRICTS.

District offlclals Schools and Colleges Unlversities and Tertlary Institutions

Political leaders: Head Teachers and Representatives of the Deputy Head Teachers University Council a Members of Parliament

a District Council Chairpersons District Councilors

District and Municipal Senior Women Teachers Vice Chancellors Education Officers

District and Municipal Senior Male Teachers Heads of Academic Units Inspectors of Schools (Faculties, Colleges, Departments and Schools)

District Probation and Teachers Teaching and Non- Welfare Officers Teaching Staff

District Police Commanders Members of School Student Guild Councils Management Committees/ Boards of Governors

District CID Officers Principals Students

Resident District Tutors

128 s Commissioners

District Internal Security Instructors Officers

Resident State Attornevs Students Leaders

Magistrates Students

Oflicer in Charge of Prisons Parents

Religious Leaders

0

t29 ANNIX 5: BRIEF DETAILS OF ALLEGED PERPETUATORS oF SE:KUAI VIOLENCE REPEATEDLY MENTIONED BY LEARNERS IN THE INSTITUTIONS OF LEARIIING VISITED BY THE COMMITTEE

Distrlct Institution of Learnlng Alleged perpetuators

Busia Busitema University 1 Faculty Dean

4 Lecturers

Busitema College Primary School 4 Teachers

Serere Serere Secondary School 7 Teachers

Moroto Moroto Municipal Council Primary 1 Teacher School

Mbarara Mary Hill Girls High School 3 Teachers

Mbarara University of Science and 2 Lecturers Technologr

Kisoro St. Paul Mutolere Senior Secondarv 2 Teachers School

Ntoroko Primar5z School 2 Teachers

Ntoroko Kanara Seed Secondary School 1 School Bursar

2 Teachers

Bundibugzo Bubukwanga Secondary School 2 Teachers

Kibale Kibogo Primary School 4 Teachers

Nateete Muslim Primary School 6 Teachers

D 130 Kampala Kibuli Muslim SSS 1 Teacher

Kyambogo University 1 Lecturer

1 Administrative staff (in charge of entering marks into the system)

Makerere University 7 Lecturers

Wakiso St Lawrence High School (Horizon 3 Teachers Campus)

Arua Ediofe Girls Senior Secondary 3 Teachers

Mbale Islamic University in Uganda 1 Faculty Dean

2 Lecturers

Qr

131 SIGNATURE OF MEMBERS ENDORSING THE SELECT COMMITTEE REPORT ON INQUIRY INTO ALLEGATIONS OF SEXUAL VIOLENCE rN INSTITUTIONS OF LEARNING IN UGANDA

NO. NAME CONSTITI'ENCY SIGNATURE 1 Hon, Robina Gureme Rwakoojo Gomba West Countv chairperson c Hon. Babirye Sarah Kityo Youth Representative, Central

e Hon. Onyango Gideon Samia Bugwe North County

4 Hon. Kisa Stephen Luuka South County

5 Hon. Mwine Mpaka Youth Representative, Western Region

6 Hon. Anthony Okello Kioga County ,?r:_ 7 Hon. Atkins Godfrey Katusabe Bukonjo West County n r^ 8 Hon. Babirye Mary Kabanda Woman Rep. Masaka District

9 Hon. Anywarach Joshua Carter Padyere County t